HomeMy WebLinkAboutCouncil Packet 03/28/2011
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 28. 2011 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 14. 2011 PROCLAMATIONS AND
CEREMONIES Proclamation for Child Abuse Prevention Month CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign
the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard.
APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .L Council Bill 07-2011 -amending Chapter 26 and adopting the Streetscape Design Manual. 2. Council Bill 11-2011 -amending
the Wheat Ridge Code of Laws Section 26-805, concerning Nonconforming Structures in the Floodway District and related Sections of Article VII of Chapter 26.
CITY COUNCIL AGENDA: March 28, 2011 Page -2-ORDINANCES ON FIRST READING 3. Council Bill 12-2011 -amending Section 614 of Chapter 26 concerning residential dumpster regulations. 4. Council
Bill 13 -2011 -amending Section 5-117(a)(5) of the Code of Laws of the City of Wheat Ridge to allow home owner building contractor licensees to perform electrical work. DECISIONS. RESOLUTIONS.
AND MOTIONS 5. Motion to award ITB-11-04, 2011 Slurry Seal, to Foothills Paving in the contract amount of $215,411.25. 6. Motion to appoint Janeece Hoppe as a City Director to the Wheat
Ridge Business District Board of Directors. 7. Motion to appoint Members to the Building Code Advisory Board. 8. Motion to approve payment to AMEC Earth & Environmental, Inc. in the
amount of $113,982 for Energy Assurance Planning. 9. Motion to set fees for Medical Marijuana Businesses and Primary Care-Giver license applications. CITY MANAGER'S MATTERS CITY ATTORNEY'S
MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT TO STUDY SESSION
CITY OF WHEAT RIDGE, COLORADO March 14, 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen Berry,
Joyce Jay, Davis Reinhart, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director, Heather
Geyer; Police Chief, Dan Brennan; Community Development Director, Kenneth Johnstone; Economic Development Manager, Steve Art; staff and interested citizens. Council Members Langworthy
and Sang were absent. APPROVAL OF MINUTES OF February 28, 2011 Motion by Mr. Stites for approval of the Minutes of February 28, 2011 ; seconded by Mr. DeMott; carried 5-0-1 with Mrs.
Adams abstaining. Proclamations National Multiple Sclerosis Awareness Week Mrs. Wheat Ridge Karen Thaler read the proclamation for National Multiple Sclerosis Awareness Week. Mrs. Thaler
shared her experiences in being diagnosed and coping with Multiple Sclerosis. Eighth Annual Wheat Ridge 6th & 8th Grade Essay Contest Winners Dave Holland was in attendance to announce
and recognize this year's Essay Contest winners. Contest winners this year included: Kayla Brady Hannah Keller Mason James Sarah Smalley Melissa Geer Savannah Gallegos Chase White Joe
Banks CITIZENS' RIGHT TO SPEAK
City Council Minutes 3/14/2011 Page 2 Britta Fisher, Executive Director of Wheat Ridge 2020, wished everyone a Happy Pi (D) Day. Today was the grand opening of a new Wheat Ridge business
called MyPie located at 3928 Wadsworth Blvd. MyPie will be donating 31.4% of the day's sales to the Wheat Ridge Math Department. Mrs. Fisher also announced there will be a public meeting
for the 38th Avenue Revitalization project on March 15, 2011 from 6:30 pm to 8:30pm at Wheat Ridge Middle School. Interested citizens are encouraged to attend and provide input to the
revitalization plans for the area. APPROVAL OF THE AGENDA Motion by Mr. Reinhart to add Item 12 to the agenda, a Resolution Opposing the Jefferson County Schools Decision to Close Martinson
Elementary School. City Clerk Michael Snow assigned Resolution No. 10-2011 ; seconded by Mr. DeMott; carried 6-0 .L CONSENT AGENDA A. Resolution 09-2011 -accepting an Easement and the
transfer of existing Assignments from Jefferson County for the purpose of providing a Corridor for the Clear Creek Trail. B. Motion to approve payment of Murray Dahl Kuechenmeister &
Renaud LLP February 2011 Invoices for Legal Services in the amount of $24,562.64. C. Motion to approve award of RFQ-11-08 Design/Build of the Discovery Park Skate Park in the amount
of $350,000 to Team Pain Enterprises, Inc., Winter Springs, Florida. D. Motion to approve award of RFB-11-13 2011 Activities Guide Printing Services to Publication Printers in the amount
of $27,738. E. Motion to approve the annual renewal for the Mobile COP Computer System in the amount of $24,174 to Interact Public Safety Systems. F. Motion to appoint Robert Blair,
District II, to the Board of Adjustment. G. Motion to award RFP-11-1 Natural Gas Suppliers to BP Energy Company. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites
for approval of the Consent Agenda; seconded by Mrs. Jay and Mr. Reinhart; carried 6-0. ORDINANCES ON SECOND READING Item 2. Council Bill 06-2011 -amending Article 11 of the Wheat Ridge
Code of Laws by adding a new Article XII concerning Medical Marijuana and
City Council Minutes 3/14/2011 Page 3 making certain Amendments to Chapter 26 (Zoning and Development) in association therewith. Mayor DiTullio opened the public hearing. Council Bill
06-2011 was introduced on second reading by Mr. DeMott. City Clerk Michael Snow assigned Ordinance No. 1479. No Staff presentation was provided . Chuck Wharton is a partner in ownership
of NatuRx, one of the two medical marijuana centers currently in the City of Wheat Ridge. He expressed his pleasure with the proposed ordinance as it is the most reasonable and thoughtful
of those he has seen in the Denver Metro area cities. Mr. Wharton commended Council in taking the proper time to create a well thought out and effective Medical Marijuana ordinance.
Further, if City Council does pass this amendment tonight he will pledge as a business owner to protect the health, safety and welfare of community. Chief Brennan responded to questions
regarding the indication of no financial impact in the packet materials from the perspective of the Police Department. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott
to approve Council Bill 06-2011 (Ordinance 1479) on second reading and that it take effect 15 days after final publication; I further move to amend Council Bill 06-2011 to add the following
sentence to the end of Sections 11 -305(b) and 11-305(c): Medical marijuana establishments that were lawfully in existence at a specific location within the City as of the effective
date of this section shall not be subject to this prohibition at their current location.; seconded by Mr. Reinhart; carried 6-0. Item 3. Council Bill 03-2011 -approving the Rezoning
of property located at 11808 W. 44th Ave. From Commercial-One (C-1) and Commercial-One with Use Restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood
(MU-N) Zone Districts. (Case No. WZ-10-09/RV America) Mayor DiTullio opened the public hearing. Council Bill 03-2011 was introduced on second reading by Mr. DeMott. City Clerk Michael
Snow assigned Ordinance No. 1480. Mrs. Reckert provided a summary presentation of the proposed zoning change (amended to this packet).
City Council Minutes 3/14/2011 Page 4 Mike Pharo, representing the applicant, spoke to what he believed were the objections that led to the denial of the rezoning of this property in
2009. The concern regarding building heights are moot as this type of structure would be highly unlikely conSidering the amount of parking spaces that would be required and the lack
of space to do so. Mr. Pharo discussed the previous hotel concern which the applicant contends that no hotel is or was ever planned for this site even though a hotel is allowed under
the zoning classification. One condition of approval that Mr. Pharo takes exception to is for additional Right of Way on the entire length of Tabor Street. He finds this objectionable
and unnecessary, will limit future development potential on the site and condemn the front yards of the residences along that road. Sandy Thompson, the architect representing the applicant,
presented a conceptual plan (amended to this packet) which she believes represents the potential development of this site according to the concepts outlined in the City's Mixed-Use Zoning
designation. Harry Sach, applicant, stated that he needs this rezoning in order to sell the property. He expressed he doesn't know when he could sell it once it's rezoned but knows that
any potential business will need to go through the City planning department. Rumors surfaced that he was going to open a motel or an adult customer service based operation, but these
are false. Mr. Sachs expects that it will take him a year or two to sell the property if the rezoning is approved. Meredith Reckert spoke again to clarify that the Planning Commission
recommended a Right of Way designation only half way down the property on Tabor Street. This was misstated in the staff report. Diane Tipton, a resident since 1972, pointed out that
the properties west of this property do not border any residential areas except one small residential area that will be negatively impacted if th is rezone is passed as proposed. The
proposed zone districts are not compatible with the residential area at all and the traffic will bottle-neck on Tabor Street. If Tabor Street is widened this will allow more large sized
trucks to drive down the residential street potentially getting stuck and having to back up which is dangerous. There is a need for the type of storage it currently provides. Commercial
buildings such as the one being proposed here often sit vacant for long periods of time. The owner bought this land only with the intention to sell it again after rezoning, which will
only leave a ruined residential area. Ms. Tipton asked Council to stand up for the residents who have lived here for many years instead of approving this zoning change. George Isquith
contends it isn't fair to request a zone change only to turn around and sell it again. A new owner would be required to rezone the rear area which would be nearly impossible resulting
in a loss of acreage. The area would be useful as an RV Storage lot as there are none close to this area. If the owner does sell this land he will do so quickly if it were to a storage
facility developer. The zoning should remain the same and the new owner should pursue a zoning change. This area is a nice neighborhood and will be instantly and negatively changed if
this approved.
City Council Minutes 3/14/2011 Page 5 Ron Markow doesn't want a large building on their residential corner. Mr. Markow liked the Cracker Barrel Restaurant idea suggested by the applicant
but none of the other proposed ideas. He would like to see the back th ird of the property stay as residential to provide buffer to the neighboring houses. Mr. Dahl confirmed that the
protests representing 19.8% of the bordering properties as indicated by the staff report does not meet the 20% required by Charter to force a super-majority of Council vote. The Council
has two options for this meeting. The first is to proceed with a motion and a vote of which 5 yes votes are required. The second is to continue the public hearing to the next meeting.
If continued, absent Council members tonight would have to review tonight's public hearing recording in order to take part of the future public hearing. Meredith Reckert explained the
goal of enhanced community character with development. With new landscaping it will meet this goal. It might also encourage other area businesses to improve their properties where needed.
Mr. Paranto explained the City wishes to obtain a 20' Right of Way designation along the entire property line on Tabor Street because they do not know what future uses will be built
here. This also allows the extra width of the street to mitigate the problem of larger vehicles driving down the street and getting stuck without room to turn around and it would allow
for sidewalks in the future. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to continue the public hearing to the March 28, 2011 meeting; motion failed for lack of a
second. Motion by Mr. Reinhart to approve Council Bill 03-2011 (Ordinance 1480) on second reading and that it take effect 15 days after final publication, seconded by Ms. Berry; Motion
to amend by Mr. DeMott to extend the proposed Right of Way only to the commercial property line; seconded by Mrs. Jay; failed 4-2 with Mr. Reinhart and Mr. DeMott voting Yes. Original
motion by Mr. Reinhart carried 6-0. Item 4. Council Bill 02-2011 -amending Chapters 11 and 22 of the Wheat Ridge Code of Laws concerning Business License requirements and Taxpayer Remedies.
Public Hearing was continued from the February 28, 2011 Council meeting.
City Council Minutes 3/14/2011 Page 6 A red-line edited version of the proposed Ordinance was provided to the Council by Mr. Dahl during the Pre-Meeting which reflects several amendments
recommended by Council during the Study Session of March 7'h, 2011 (amended to this packet). No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Mr.
DeMott to approve Council Bill 02-2011 (Ordinance 1476); I further move to amend Council Bill No. 02-2011 on second reading to incorporate the amendments shown on the redline version
presented to the Council on March 14th , and that all portions of the ordinance take effect 15 days after final publication with the exception of the tiered license renewal program,
which shall take effect January 1, 2012; seconded by Ms. Berry; carried 6-0. ORDINANCES ON FIRST READING Item 5. Council Bill 07-2011 -amending Chapter 26 and adopting the Streetscape
Design Manual. Motion by Mr. Reinhart to approve Council Bill No. 07-2011 on first reading, order it published, public hearing set for Monday, March 28, 2011 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Stites; carried 6-0. Item 6. Council Bill 08-2011 -approving the Annexation of Land located
in Sections 19 and 20, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX-11-01/Table Mountain Animal Center) Motion
by Mr. Stites to approve Council Bill No. 08-2011 on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00 p.m. in the City Council Chambers, and that
it take effect upon recordation of the annexation plat; seconded by Mrs. Adams; carried 6-0. Item 7. Council Bill 09-2011 -approving Planned Commercial Development (PC D) Zoning for
Property located at 4105 Youngfield Service Road and approval of a PCD Concept Outline Development Plan on property located at 4000 Cabela Drive and 4105 Youngfield Service Road. (Case
NO. WZ-11-01/Clear Creek Crossing) Motion by Mr. Stites to approve Council Bill No. 09-2011 on first reading, order it published, public hearing set for Monday, April 25, 2011 at 7:00
p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 6-0.
City Council Minutes 3/14/2011 Page 7 Item 8. Council Bill 10-2011 -approving a Planned Commercial Development (PCD) Specific Outline Development Plan on property located at 4000 Cabela
Drive and 4105 Youngfield Service Road, more particularly identified as Lots 1.1, 2.1, 2.2, 2.3, 2.4, 3, 5.1, 5.2 and 5.3 within the Clear Creek Crossing Concept Outline Development
Plan. (Case No. WZ-11-02/Clear Creek Crossing) Motion by Mr. Stites to approve Council Bill No. 10-2011 on first reading, order it published, public hearing set for Monday, April 25,
2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 6-0. Item 9. Council Bill 11-2011 -amending the
Wheat Ridge Code of Laws Section 26-805, concerning Nonconforming Structures in the Floodway District and related Sections of Article VII of Chapter 26. Motion by Mrs. Jay to approve
Council Bill No. 11-2011 on first reading , order it published, public hearing set for Monday, March 28, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days
after final publication; seconded by Mr. Reinhart; carried 6-0. DECISIONS, RESOLUTIONS AND MOTIONS Item 10. Motion to appoint Members to the Building Code Advisory Board. Motion by Mr.
Reinhart to appoint William Starker to the Building Code Advisory Board representing District 1, term to expire March 2, 2014 and to defer the remaining recommended appointments to the
March 28, 2011 Regular Council meeting; seconded by Ms. Berry; carried 6-0. Item 11 . Resolution 08-2011 -beginning a City-Initiated Comprehensive Rezoning of Properties located on the
Wadsworth Corridor between W. 35th and W. 45th Avenues to Mixed Use-Commercial. City Clerk Michael Snow read into the record a letter submitted by Louise Turner opposing the City-initiated
rezoning effort (amended to this packet). Motion by Mrs. Jay to approve Resolution No. 08-2011 ; seconded by Mr. Stites; carried 6-0. Item 12. Resolution 10-2011 -a Resolution Opposing
the Jefferson County School Board Decision to Close Martensen Elementary School.
City Council Minutes 3/14/2011 Page 8 Resolution 10-2011 was introduced by Mr. Reinhart who read the Resolution in its entirety. Motion by Mr. Reinhart to approve Resolution 10-2011
; seconded by Mrs. Jay; carried 5-1 with Mrs. Adams voting No. ELECTED OFFICIALS' MAnERS City Clerk Michael Snow announced that audio recordings of all Study Sessions and Pre-Meetings
are now available on the City website. Recordings may be accessed via the link on the existing WRTV8 OnDemand video page on the City's website. Ms. Berry stated that the City has a guide
available to citizens on urban agriculture which is available on the City website under the Community Development Department. This guide was put together by LiveWell Wheat Ridge and
it contains do's and don'ts on gardening and farming in urban settings. One community garden in the City is Happiness Gardens which is often short of the number of plots desired so another
option at 4320 Xenon Street is available. The garden is Harvest Mountain Farm Gardens and their e-mail addressis harvestmountainfarmgardens@gmail.com. Ms. Berry clarified that in the
City of Wheat Ridge "hoop houses" are allowed and the City is considering code changes to encourage more urban gardening. Ms. Jay congratulated MyPie on their Grand Opening today at
3928 Wadsworth Blvd . in the Safeway shopping center. Ms. Jay also commended Modmood's, which is a furniture store here in the City at 7700 W. 44th Avenue . Mr. DeMott commended the
Wheat Ridge High School student's production of "The Sound of Music" musical done in a quality fashion. Mr. Stites is excited to announce that a new restaurant that offers Peruvian dining
is relocating to Wheat Ridge. 38th Ave. is also getting one of its structures refurbished which is great for the area. Mr. Reinhart stated that the Mayor and the City Council are sponsoring
the Wheat Ridge High School Farmers Lacrosse team with an advertisement in their fundraiser brochure. Mayor DiTullio stated that based on the available options, Jefferson County Schools
made the proper decision in regard to Martensen Elementary. The School Board successfully addressed the previous issue of Wheat Ridge Middle School being underutilized by starting a
Gifted and Talented program along with increasing their number of students by moving 5th graders to the school. Meeting adjourned at 9:00p.m.
City Council Minutes 3/14/2011 Page 9 Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON March 28, 2011 BY A VOTE OF to Tracy Langworthy, Mayor pro tem The preceding Minutes were prepared
according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available
for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
Live local Building Community in 'Nheat Ridge Thursday, April 14th, 7-9pm Red Tango Restaurant 5807 W 38th Ave, Wheat Ridge CO 80212 Visit us at www.WheatRidge2020.org Drink Specials
and Door Prizes Free, Live Trivia Festivities start at 7 p.m. Wheat Ridge 2020 is a non-profit organization working to advance and promote a sustainable community. We hope you will join
us in supporting local businesses through Live Local events. Live Local is a program that features different Wheat Ridge businesses every 2nd Thursday of each month
HOUSE MONSTERS: You've got them. Now learn how to get rid of them. They're eating your gas and electricity and running up your utility bills. They're frying you in summer and freezing
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Monsters and make your home a home sweet home. Learn how to: o Save energy o Save money o Improve air quality o Make your house more comfortable Tuesday, April 12, 2011 6:30pm -7:30pm,
3798 Marshall Street, Wheat Ridge FREE A minimum of 10 participants are required for the workshop to be held, call 720-898-5725 or email reception@WheatRidge2020.org to RSVP. tl Xcel
Energy® 1Q-r Lightly Treading, Inc. Energy & Design Sponsor Educator
• .' _ • City of p WheatRL..dge ITEM NO: I. DATE: March 28,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2011 -AN ORDINANCE AMENDING CHAPTER 26 AND ADOPTING THE STREETS
CAPE DESIGN MANUAL ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICJAL: ) ISSUE: D ORDINANCES FOR 1ST READING (03114/2011) ~ ORDINANCES FOR 2ND READING (03/28/2011) DYES The
City's current Streetscape and Architectural Design Manual, adopted in 2001 , is largely outdated and lacks objective standards tbat are easy to implement. The architectural guidelines
within this document were replaced by the Architectural and Site Design Manual (ASDM) in 2007. The streetscape guidelines are still in effect but require a comprehensive update for the
following reasons: • Lack of objective standards, such as minimum dimensions for sidewalks, that make the guidelines difficult to implement • Outdated street typologies that do not correspond
witb the City's adopted plans • The desire to create specific design requirements for the City'S priority redevelopment corridors The proposed Streetscape Design Manual addresses each
of the above issues. It clarifies wbat is required of new development and significant redevelopment, and establishes objective standards that are easy to enforce and will promote quality
streets within the City. ZOA-IO-OS
Council Action Form March 28, 2011 Page 2 PRIOR ACTION: Staff presented to City Council at a Study Session in the summer of 20 I 0 to get approval to move forward with a revised Streetscape
Design Manual. Staff met again with Council at a Study Session on January 24, 2011 to review a draft of the manual and City Council approved the First Reading of this ordinance on March
14, 20 II. Planning staff also held two Study Sessions with the Planning Commission to review drafts of the manual. At a Public Hearing on February 17, 2011 , Planning Commission voted
to approve recommendation of the Streetscape Design Manual. Draft meeting notes from the Planning Commission Public Hearing are attached. FINANCIAL IMPACT: The proposed ordinance is
not expected to have a direct flllancial impact on the City. However, the new manual is intended to clarify the requirements for private development in Wheat Ridge and thus promote economic
development goals for attracting new development to the City. BACKGROUND: The City adopted the Architectural and Streetscape Design Manual in 2001. This document contains design guidelines
for both streetscapes and new buildings. The portion of the annual that addresses building design was replaced by tbe AIchitectural and Site Design Manual (ASDM), adopted in 2007. The
portion of the manual that addresses streetscape design is still in effect, however it has not been updated since 2001 and has rarely been implemented. One reason for the lack of implementation
is that the manual lacks objective standards, such as minimum sidewalk widths, that are easy to enforce. The original manual also contains outdated street typologies that do not conform
with the City's adopted plans. One of the primary reasons for replacing the former Streetscape and Architectural Design Manual with a new Streetscape Design Manual is to create clarity
and consistency as to what is required for streetscape improvements when major redevelopment occurs. 'Process Staff began the process of creating a new Streetscape Design Manual in the
summer of 20 I O. Staff from Community Development, Public Works, and Parks met several times to review and create the content of the manual. In addition, Planning staff held two study
sessions with Planning Commission in the fall and winter of20 11, as well as two study sessions with City Council. The draft manual was also reviewed by LiveWell Wheat Ridge's Active
Community Environments (ACE) task force. The group gave valuable comments to staff that helped to improve the content of the manual. The content in the final draft, which is proposed
for adoption through this ordinance, reflects input received from Planning Commission, City Council, and the ACE task force. Please note that the final draft, Attachment 2, contains
yellow highlights where text has been modified since the last Study Session with City Council on January 24, 2011. The
Council Action Form March 28, 2011 Page 3 modifications add language to clarify the process by which applicants will convey land needed for streetscape improvements to the City. They
also address comments received from Council at the January Study Session. Streetscape Design Manual Outline The format and structure of the proposed manual is similar to that of the
Streetscape and Architectural Design Manual from 2001. A brief outline of the manual may be found below, with a complete draft attached for your review. Chapter I -Introduction • Establishes
intent and purpose of the Streetscape Design Manual • Applicability: only applies to arterials and collectors; as well as new local streets that serve mixed use or commercial development.
The manual does not apply to local residential streets. Any new development, or redevelopment that expands building area by more than 50%, will need to meet the standards and guidelines
in the manuaL The manual will also apply to any City-funded streetscape improvements. Chapter 2 -Priority Corridors • Establishes standards, including minimum sidewalk width and tree
spacing, for the streetscape design of the following priority corridors: o W. 38Lh Avenue between Sheridan and Wadsworth o Wadsworth Boulevard between W. 32nd Ave and 1-70 o Kiplin,*
Street between W. 35th Ave and W. 515L Place o W. 44 ' Avenue between Harlan and Wadsworth and between Everett and [-70 o Youngfield Street between W. 32nd Ave and Highway 58 o Any streets
in the future TO D area Chapter 3 -Design Standards and Guidelines • This chapter establishes general standards for the streetscape along all other collectors and arterials in the City
• Includes design standards and guidelines for street plantings and street furniture, including street trees, shrubs, benches, fences, lights, and monument signs. The overall intent
is to create design guidelines that set a minimum level of quality but that are flexible and can apply to a variety of the City'S arterial and collector corridors. Standards and guidelines
will will encourage pedestrian-friendly design, especially in more urban, retail districts. Chapter 4 -Maintenance and irrigation This chapter establishes maintenance requirements, which
are crucial for the long-term value of a streetscape.
Council Action Form March 28, 2011 Page 4 RECOMMENDATIONS:
Staff recommends adoption of the Streetscape Design Manual. The manual advances the City's goals to promote quality development and to clarify and simplify the development process. The
design standards and guidelines within the manual will help the City fulfill the community character and design goals that are outlined in Chapter 6 of Envision Wheat Ridge, the City's
Comprehensive Plan. These goals include: • Ensure quality design for development and redevelopment • Create recognizable gateways and corridors The proposed Streetscape Design Manual
supports these goals by: • Creating objective, easy-to-understand requirements for streetscape design • Requiring sidewalks, amenity zones, and streetscape amenities (such as pedestrian
lighting and benches) that form quality, pedestrian-friendly streets • Establishing design standards that are unique to priority corridors, which serve as important gateways and routes
into and through the City Adoption of the new Streetscape Design Manual will help the City create attractive, high-quality streets that improve the i mage and character of Wheat Ridge.
RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2011 , an ordinance amending Chapter 26 and adopting the Streetscape Design Manual on second reading, and that it take effect
15 days after final publication. Or, "1 move to postpone indefinitely Council Bill No. 07-20 II , an ordinance amending Chapter 26 and adopting the Streetscape Design Manual for the
following reason(s) " REPORT PREPARED BY: Sarah Showalter, Planner II Ken Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 07-2011 2. Planning Commission Public
Hearing notes NOTE: please see the Streetscape Design Manual booklet distributed at the First Reading on March 14, 20 II. No changes to the manual have been made.
TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART COUNCIL BILL NO. 07 ORDINANCE NO . ....,..,. _ _ Series 2011 AN ORDINANCE AMENDING CHAPTER 26 AND ADOPTING
THE STREETSCAPE DESIGN MANUAL WHEREAS, the City Council of the City of Wheat Ridge, Colorado (the "Council") 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 this authority the Council has enacted the Wheat
Ridge Code of Laws (the "Code"); and WHEREAS, Chapter 26 of the Code, entitled "Zoning and Development" includes requirements for building and site design, including Architectural and
Streetscape Design Manuals; and WHEREAS, the Council finds that there is a need to replace the Architectural and Streetscape Design Manual, adopted in 2001, with an updated Streetscape
Design Manual that establishes clear design requirements for streetscape improvements within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1: Sections 26-222 26-223 of the Code are hereby repealed and the section numbers reserved. Section 2: Section 26-224 is hereby repealed and reenacted to read in its entirety
as follows: Section 26-224 Design Manuals. A. Architectural and Site Design Manual: The community development director is hereby authorized and directed to promulgate regulations that
encourage quality architecture and site design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Architectural
and Site Design Manual dated June 2007, is hereby adopted and shall apply as one such regulation. The manual may be amended and updated as a regulation from time to time by the director
of community development. Copies of the manual shall be available for inspection and purchase in the office of the department of community development. Attachment 1
B. Streetscape Design Manual: The community development and public works directors are hereby authorized and directed to promulgate regulations that encourage quality streetscape design.
Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Streetscape Design Manual dated March 2011, is hereby adopted
and shall apply as one such regulation. The manual may be amended and updated as a regulation from time to time by the director of community development and the director of public works.
Copies of the manual shall be available for inspection and purchase in the office of the department of community development. C. Exemptions, waivers and variances 1. Buildings of historical
significance which have been placed on the Colorado or National Historical Register shall be exempt from the requirements of the Architectural and Site Design Manual, including any reconstruction
or remodeling of such buildings. 2. Where review of the requirements within within either design manual is part of an administrative review process, the community development director
may grant waivers to or variances from those requirements. 3. Where a waiver to or variance from the architectural or streetscape standards within either manual is made a part of another
process, such as approval of a zone change or final development plan review, which process requires a public hearing before the planning commission andlor city council, then the planning
commission andlor city council shall be empowered to decide upon such waiver or variance concurrent with the other process. Section 3: Section 26-225 of the Code is hereby repealed and
reenacted to read in its entirety as follows: Section 26-225 Overlay Zone. A. Purpose. This section is enacted for the purpose of creating overlay zone districts which may establish
additional regulations for the use, design, and development of a property. B. Procedure and Criteria. The city council may at any time enact an overlay zone district to address such
topics as historic preservation, environmental preservation, transportation, architectural quality or urban design. For an overlay zone district to be established, the procedure for
a city-wide or comprehensive rezoning, as set forth in Section 26-113.B., shall apply, and there shall be no minimum area which may be so designated. C. Applicability: where a property
is within an overlay district, it is subject to the regulations of the primary zone district as well as the overlay district. Where there 2
is conflict between the regulations of the two districts, the more stringent regulation shall apply. Section 4: Section 26-1 03.B of the Code is amended to read: Sec. 26-103. Site development
review process. A. B. All site development must also obtain building and construction permits pursuant to the uniform codes adopted by the city, and must comply with all other applicable
sections contained within this chapter and chapter 5. All applications for building permits, exclusive of single and two-family dwellings, shall comply with the applicable standards
set forth in the Architectural and Site Design Manual and the Streetscape Design Manual. Section 5: Section 26-110.B.1 of the Code is amended to read: Sec. 26-110. Public dedications
and improvements; security. A. ... B. Wadsworth Boulevard Corridor Plan Adopted 1. The Wadsworth Boulevard Corridor Plan (hereinafter, for purposes of this section, the "Plan"), dated
May 12, 1999, and prepared by RNL Design, is hereby adopted as a regulation. All "site development," as that term is defined at section 26-123 of this Code, shall, if proposed to be
located within the area covered by the Plan, comply with the requirements of the Plan and of this section and their included and referenced appendices and regulations. Such compliance
shall be in addition to, and not in lieu of, other requirements of this Code of Laws, including without limitation sections 5-45 (public improvements), 26 222 (Streetssape Overlay Distrist)
and 26-224 (Streetssape and Arshitestural Design Manuals). In the event of conflict among or between the Plan and such section on their included and referenced appendices and regulations,
the more stringent requirement shall control. Section 6: Section 26-111.0 of the Code is amended to read: Sec. 26-111. Site plan review. 3. Landscape Plan a. The landscape plan shall
be prepared in a 24x36 inch format; 3
b. Location and dimensions of all open space areas, including minimum required usable open space for site development within a mixed use zone district; c. Proposed materials for all
landscaped and hardscaped areas; d. Location and type of all trees and other plantings; e. Schedule of proposed plantings; f. Table showing open space or landscape area required and
provided. 4. Streetscape Plan a. Where streetscape improvements are required per the Streetscape Design Manual (refer to Sec 26-224), a streetscape plan, the requirements of which are
outlined in the Streetscape Design Manual, shall also be required. Section 7: Sections 26-210, 26-211 , 26-212, 26-213, 26-214, and 26-215 of the Code are amended to include the following
subsection in each such Section: C. Design standards: for site development except single-or two-family homes, development must comply with the Architectural and Site Design Manual and
the Streetscape Design Manual, where applicable. Section 8: Sections 26-216, 26-217, 26-218, 26-219, and 26-220 of the Code are amended by amending item number 12 under Subsection B.:
"Development Standards," to read in each case as follows: 12. Streetscape and architectural design guidelines: See streetsGape and aFGl=iiteGtural design manual, Architectural and Site
Design Manual and Streetscape Design Manual, Section 26-224 Section 9: Section 26-302.C of the Code is amended to read: Sec. 26-302. General regulations. A .. .. C. Each Planned Development
District shall comply with the Architectural and Site Design Manual and the Streetscape Design Manual, which may be amended from time to time, as established in Section 26-224. Variations
from either manual within a Planned Development District will be allowed where such variations are established in the approved Outline Development Plan. Section 10: Section 26-306.5.A
of the Code is amended to read: Sec. 26-306.5. Planned Mixed Use District. 4
A. Purpose. This district is established to provide a zoning classification to allow the integration of residential and commercial uses and development which is consistent with the surrounding
neighborhoods and which meets the intent of the comprehensive plan, the Architectural and Site Design Manual and the Streetscape Design Manual StreetsGape and ArGttiteGtural Design Manual.
It is not intended to be used solely to permit a higher density than allowed in the planned residential development (PRO) district nor to circumvent other specific standards of the planned
residential and planned commercial districts. Instead, it is intended to create a zone district which will allow flexibility in use, design, and orientation while maximizing space, community
interest and protecting nearby and adjacent residential neighborhoods. Section 11: Section 26-407.E of the Code is amended to read: Sec. 26-407. Final plat. A. E. Required supplemental
reports. Additional information and other documents which may be required at the time of submission of the final plat shall be: 1. A drainage plan and report of the area in accordance
with standards adopted by the public works department. 2. A grading plan showing existing and proposed contours at two-foot intervals if the slope is less than ten (10) percent or five
(5) feet if the slope is greater than ten (10) percent. 3. Complete engineering plans and specifications for all public facilities to be installed , i.e ., water and sewer utilities,
traffic control devices, traffic calming features, streets, street lights, street signs and related public improvements, bridges, and storm drainage, including design analysis when required.
4. bandsGaping Streetscape plans for areas within public R.O.W. according to the Wheat Ridge Streetscape Design Manual Manual fer StreetsGape Design. See section 26-224. 5. Plans for
other public or private improvements required by the Manual fer StreetsGape Design Streetscape Design Manual or ArGttiteGtural Design O'ferlay DistriGt the Architectural and Site Design
Manual. 6. If public land dedications are not conveyed by plat, the final plat shall be accompanied by final executed copies of any deeds, easement deeds, or other documents of conveyance
required to convey interest in land to the city or to other agencies. The deeds shall be accompanied by a title insurance policy or other evidence that the land is free and clear from
all encumbrances. 7. Traffic impact analysis and report in accordance with standards adopted by the public works department. 8. Agreements made with ditch companies when needed. 9. Guarantee(s)
for public improvements as required under section 26-413. 10. Title commitment for title insurance. 5
11 . Subdivision improvement covenant or agreement. 12. A recordable homeowners association declaration and/or agreement providing for the care and maintenance of common grounds within
the subdivision which shall be enforceable by the city through code enforcement action. 13. A computer readable drawing may be required to be submitted on a floppy disk. The information
shall be compatible with the current Autocad release and include, but not limited to, ties to a minimum of two (2) section (land) corners, exterior boundaries, interior lot lines, easements,
rights-of-way (existing and proposed), all to include bearings and distances. 14. Copies of survey field notes. 15. Copies of deeds. 16. Geological stability information. 17. Any other
information as required by the department of community development. Section 12: Section 26-412.F of the Code is amended to read : Sec. 26-412. Required subdivision improvements. F. Streetscaping/arch
itectura/standards improvements. The subdivider is responsible for construction of any streetscape or architectural features required by the Manual fer Streetssape Design or ArsRitestural
Design Overlay Distrist Streetscape Design Manual and/or the Architectural and Site Design Manual. Section 13: Section 26-417. D of the Code is amended to read: Sec. 26-417. Easements.
A. D. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetssape and ArsRitestural Design Overlay Distrists Streetscape
Design Manual are not within a dedicated street rightof-way. The width of th is easement shall be determined by the public works department. Section 14: Section 26-502, Subsections D,
F, G and H of the Code are amended to read: Sec. 26-502. Landscaping requirements. D. District requirements: 6
1 . Single-and two-family residential uses: a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed within the front setback prior to issuance
of the certificate of occupancy. This shall not be construed to mean trees placed seventy (70) feet on center. b. No less than twenty-five (25) percent of the gross lot area and no less
than one hundred (100) percent of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. c. For new single family and two family residences, no more
than fifty (50) percent of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and
tall fescue is encouraged. 2. Multifamily residential uses: a. Required within the minimum building setbacks abutting public right-ofway: one (1) tree, deciduous or evergreen, for every
thirty (30) feet (or portion thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not
replace any requirements for street trees established in the Streetscape Design Manual (see Sec. 26-224). b. In addition to trees required based upon public street frontage, one (1)
tree and ten (10) shrubs are required for every one thousand (1 ,000) square feet of required landscape area. c. Except for pedestrian and vehicular access, the minimum required front
yard shall be fully landscaped. d. Landscaping shall not be less than thirty (30) percent of the total lot area. e. For new multi-family developments, no more than sixty (60) percent
of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged
. 3. Nonresidential uses: a. Required within the minimum building setbacks abutting public rightsof-way: one (1) tree, deciduous or evergreen, for every thirty (30) feet (or portion
thereof) of street frontage. This should not be construed to mean trees placed thirty (30) feet on center. Trees provided in building setbacks shall not replace any requirements for
street trees established in the Streetscape Design Manual (see Sec. 26-224). b. In addition to trees required based upon public street frontage, one (1) tree and ten (10) shrubs are
required for every one thousand (1 ,000) square feet of required landscape area. c. Required landscaped areas shall be as follows: (1) Landscaping shall not be less than twenty (20)
percent of the gross lot area. (2) On any nonresidentially zoned property abutting 44th Avenue, 38th Avenue, Kipling Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Sheridan
Boulevard, or 1-70 frontage roads, a landscaped area measuring ten (10) feet from the edge of the right-of-way is required for the entire length of the property abutting these roadways,
7
except for curb cuts. This area may be used to meet the other area requirements. This requirement may be waived by the community development director where build-to requirements from
a mixed use zone district or the Architectural Site Design Manual apply. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to public streets
abutting front or side yards. (4) For new nonresidential developments, no more than thirty (30) percent of the total landscaped coverage on the lot shall be comprised of turf. The use
of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. (5) Additional requirements established in the Streetscape Design Manual may
apply. if the projeGt is leGated in the StreetsGape Overlay DistriGt. d. All nonresidential uses located adjacent to residentially zoned areas or agriculturally zoned areas shall provide
a screened or landscaped buffer area consisting of either or both of the following: (1) A six-foot high solid fence or landscaped hedge with a mature height of six (6) feet; or (2) A
strip of land at least fifteen (15) feet wide planted with a variety of vegetation and a minimum density of one (1) shrub or tree per every two (2) linear feet of buffer area adjacent
to the residential or agricultural zoned property. Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein,
either on their property or within public right-of-way, if approved by the public works director andlor the community development director; however, offsite landscaping cannot reduce
the onsite requirements. E. F. Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. 2. Minimum size of plant and other materials: a. Deciduous trees:
Two-inch caliper, measured one (1) foot above the ground. Trees with a caliper in excess of five (5) inches may be counted as two (2) trees. Trees with a caliper in excess often (10)
inches may be counted as three (3) trees. b. Ornamental and flowering trees: Two-inch caliper, one (1) foot above the ground. c. Evergreen Trees: Six (6) feet in height. d. Flowering
and evergreen shrubs and hedges: Five-gallon size. e. Vines and groundcovers: One-gallon size. f. Mulch: A minimum of three (3) inches in depth in areas protected from wind erosion.
g. River rock: A minimum of one (1) inch to two (2) inches in size and at least three (3) inches in depth over a weed barrier groundcover. h. When required in the StreetsGape Overlay
DistriGt, street trees within or adjaGent to pedestrian walkways shall be a minimum of 8
three (3) iFiGhes iFi Galiper '.\lith a miFlimum of seveFi (7) feet of head GlearaFiGe to the lowest braFiGhes. 3. Completion of landscaping. When the final landscape plan is submitted,
a date for completion of all plantings and related work shall be included on the plan. Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy.
In extenuating circumstances, such as adverse weather, where occupancy is requested prior to completion of landscaping, an irrevocable letter of credit or escrow account shall be accepted
for the completion of necessary landscaping, said financial guarantee to be equal to one and one-fourth (1 1/4) times the cost of the landscaping. A cost estimate for landscaping not
installed at that time shall be presented to the department of community development for approval. Letters of credit or escrows shall not be released until all planting and finish materials
shown on the approved landscape plan are installed and accepted. The amount of the escrow or letter of credit shall be determined by the department of community development based on
the submitted landscaping plan. Should the required landscaping not be properly installed upon the expiration of the letter of credit or escrow account, the city reserves the right to
use such funds to have the required landscaping placed upon the subject premises. Any costs incurred by the city in excess of the funds provided by the letter of credit or escrow shall
be recovered by the city through normal lien proceedings. G. Maintenance. 1. The developer, its successor and/or the property owner shall be responsible for regular weeding, irrigating,
fertilizing , pruning or other maintenance of all plantings as needed in order to ensure the survival of any required landscaping. The city may require the removal and replacement of
such required landscaping where dead, diseased or damaged landscaping is found . 2. Minor changes in the approved landscaping plan may be made with the approval of the director of community
development if the total area of landscaping is not reduced below minimum standards and placement is not substantially changed. 3. All property owners/occupants shall be responsible
for maintenance of landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. H. Acceptable street trees
shall be determiFied by the GommuFlity developmeFit direGtor. Street trees, whether on private property or in the public right-of-way, itt the StreetsGape aFid ArGhiteGtural DesigFi
Overlay distriGts shall conform to the plant list contained in the Streetscape Design Manual streetsGape aFid arGhiteGtural desigFi maFlual. Section 15: Section 26-1110.G of the Code
is amended to read: Sec. 26-1110. Open Space Requirements. 9
G. Streetscaping: all new development, including expansions of an existing structure by 50 percent or more of the floor area, shall meet the requirements in the City of Wheat Ridge Streets
cape and AFG#JiteewRJI Design Manual. Section 16: 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 17: 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 All other ordinances or parts of the ordinances in conflict with the provisions of this ordinance
are hereby repealed. Section 18: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ,
AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011 , ordered it published with Public Hearing and consideration of final passage set for March 28, 2011
at 7:00 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 , 2011 . SIGNED by the Mayor on this ___ day of _ _ _ ____ , 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As
To Form Gerald E. Dahl, City Attorney 10
First Publication: March 17,2011 Second Publication: -,-__________ _ Wheat Ridge Transcript: _________ _ Effective Date: _____________ _ 11
... \,~ -y City of ,WheatR.Ldge PLANNING COMMISSION Minutes of Meeting February 17,2011 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair MATTHEWS at 7:00 p.m. in
the City Council Chambers of the Municipal Building, 7500 West 29tl1 Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff
Members Present: 3. PLEDGE OF ALLEGIANCE Alan Bucknam Marc Dietrick John Dwyer Dick Matthews Scott Ohm George Pond Anne Brinkman Steve Timms Ken Johnstone, Community Development Director
Sarah Showalter, Planner II Lauren Mikulak, Planner [ Dan Brennan, Chief of Police Chris Price, City Attorney's Office Ann Lazzeri, Recording Secretary 4. APPROVE THE ORDER OF THE AGENDA
It was moved by Commissioner DWYER and seconded by Commissioner BUCKNAM to approve the order ofthe agenda as printed. The motion carried 6-0. 5. APPRO V AL OF MINUTES -January 20, 2011
It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve the minutes of of January 20, 2011 with the following amendment: The motion on page 7 should read as
follows: 11 was moved by Planning Commission Minutes I Attachment 2 Febmary 17,20 II
Commissioller DWYER atlll secollded by Commissioller POND to recommefUl approval o/Case No's. WZ-JO-08 afl(l MS-JO-04, a request/or approval 0/a Filial Developmellt Plallamelldmellt
atlll a 3-lot re-subdivisioll for property ZOlled Plalllled bldustrial Developmellt alld located at 5130 Parfet Street .. The motion carried 5-0 with Commissioner BUCKNAM abstaining.
6. PUBLIC FORUM (Tbis is tbe time for any person to speak on any subject not appearing on tbe agenda. Public comments may be limited to 3 minutes) No members of the public wished to
speak at this time. 7. PUBLIC HEARING A. Case No. ZOA-09-06: An ordinance amending Chapter 26 concerning medical marijuana dispensaries. This case was presented by Ken Johnstone. He
reviewed the staff report and invited questions from the Commission. The only specific change being proposed to Chapter 26 is to establish in what zone districts each of the three different
types of medical marijuana establishments can be located. The ordinance proposes that "medical marijuana centers", "medical marijuana-infused products manufacturers" and "optional premises
cultivation operation" all be allowed to locate in Commercial One (C-l) and Industrial (I) zone districts. Commissioner BUCKNAM asked ifthe 1000 foot buffer would apply to schools, etc.
located in a neighboring jurisdiction. Mr. Johnstone replied that staff has been looking into this. The city attorney believes the ordinance would require considering locations in adjacent
jurisdictions. Commissioner BUCKNAM asked about the reasoning behind the requirement for '!. mile radius around existing establishments. Mr. Johnstone replied that Council believed that
was a good way to limit the number of establi shments in the city. Commissioner BUCKNAM suggested setting a limit to the number of establishments allowed. Mr. Johnstone commented that
this was done with the number of billboards allowed in the city. Commissioner OHM asked if the proposed separations would affect the two existing dispensaries. Mr. Johnstone explained
tbat if they do not meet the requirements, they would become legally nonconforming. Tbe House Bill gives city's the right to declare them illegal, bowever, the ordinance does not take
that approach so far. Commissioner OHM asked if the ,!. mile radius is "as tbe crow flies." Mr.
Johnstone replied that the '!. mile requirement would be a straight line radius. Planning Commission Minutes 2 February 17, 2011
In reply to a question from Commissioner POND, Mr. Johnstone stated that all home occupation regulations would apply to medical marijuana home occupations. Commissioner DWYER asked the
difference between a dispensary and a pharmacy. Chief Brennan explained that pharmacies are regulated by state and federal governments and dispense medicines that require prescriptions
from medical doctors. Medical marijuana simply requires a verification from a doctor. The federal government does not recognize marijuana as a medical drug but rather a Schedule One
substance. There is one marijuana product that can be prescribed in a pharmacy, Marinol, a pill form of cannabis. In response to a question from Commissioner DWYER regarding the restriction
to Commercial and Industrial zones. Chris Price explained that a recommendation to limit zones is because ofthe vertical integration model included in the ordinance. If the cultivation
operation has to be contiguous with a retail outlet and retail outlets are allowed in every area that pharmacies are allowed, you would be bringing in an industrial use into those zones.
Commissioner BUCKNAM asked what the safety concerns were with transporting marijuana. Chief Brennan explained there was concern about robberies and other issues. The vertical integration
model allows for the grow operation to be on the same site as the operation. It would be difficult for law enforcement to track the products if they are purchased in one area and sold
in another. It also makes sure that the drug sold is not associated with a drug cartel or other criminal enterprise. The model also controls the size and capacity of any operation. There
are environmental concerns associated with large grow operations, building code concerns, hazardous material concerns, and concerns about air quality. Commissioner BUCKNAM asked about
criminal activities associated with growing marijuana at the same place it is sold. Chief Brennan explained that theft could OCCllr wherever marijuana is grown. Problems that have been
experienced so far with primary caregiver growers have been burglary, trespass and neighborhood complaints about outdoor grow operations. Some of these problems will be alleviated with
requiring primary caregivers to grow marijuana indoors. I-Ie also expressed concern about home invasion robberies. In response to a question from Commissioner DIETRICK, Chief Brennan
explained that Colorado State law requires a dispensary to grow 70% of the product that they sell. The remaining 30% may be purchased from another licensed grow operation. The two businesses
currently operating in the city are not vertically integrated. He also explained that the City of Denver does not have a vertically integrated model; however, Lakewood is utilizing that
model. Planning Commission Minutes 3 February 17,20 II
Commissioner MATTHEWS asked if marijuana in excess of the 70% required to be grown at the dispensary could be purchased in other jurisdictions. Chair Brennan stated that the answer to
this will require research. Commissioner MATTHEWS asked if a greenhouse is considered to be "inside." Sarah Showalter explained that home occupation regulations would allow growing marijuana
in a greenhouse. Commissioner MATTHEWS asked in what order applications will be processed. Mr. Johnstone explained they will be processed in chronological order. He commented that the
lottery system used with billboards would probably not work in this case. Chair MATTHEWS opened the public hearing. Chuck Wharton Mr. Wharton and his partner, Diane McKindley, own a
medical marijuana dispensary in Wheat Ridge. He spoke in favor of the ordinance. He was in favor of the vertical integration model that requires a dispensary to grow 70% of its marij
uana and stated that he would not be going to a provider for the remaining 30% because he can provide 100% of all of his patients' needs. Further, the requirements for transportation
are quite cumbersome. He commented that he can control the quality by growing his own marijuana. Commissioner OHM expressed concern about the safety of grow operations in residential
neighborhoods. Commissioner BUCKNAM was in favor of indoor growing restrictions. He asked if indoor grow operations in a residence would have to meet the same regulations as any home
occupation. For example, will there be a requirement for kitchen, bathroom, etc. to prevent a house from being used solely as a "grow" house. Ken Johnstone commented that there is a
series of regulations in place that would address these concerns. Commissioner DWYER commented that he feels it is important to be consistent with the way other businesses are regulated.
Commissioner BUCKNAM stated that he would like to ensure that the 1000 foot buffer will apply to schools, etc. in adjacent municipalities. Commissioner OHM stated he was in favor of
the C-l and Industrial uses; however, he stated his opposition to uses in any residential zone district. It was moved by Commissioner POND and seconded by Commissioner DWYER to recommend
approval of an ordinance amending Article 11 of the Wheat Ridge Code of Laws by adding a new Article xn concerning medical Planning Commission Minutes 4 February 17, 20 II
marijuana as it pertains to Chapter 26 of the City of Wheat Ridge Code of Laws, for the following reasons: I. The ordinance provides a reasonable approach to managing medical marijuana
establishments, consistent with the Colorado Constitution and applicable state laws. 2. The ordinance allows these establishments to he located in a limited range of appropriate commerciaVindustrial
zoning districts. 3. The ordinance limits the potential impacts from these establishments in residential areas by subjecting them to home occupation regulations. The motion carried 5-1
with Commissioner OHM opposed and Commissioners BRINKMAN and TIMMS absent. It was moved by Commissioner DWYER and seconded by Commjssioner DWYER to recess the meeting for a brief period.
The motion carried 6-0. (The meeting was recessed at 8:12 p.m. and reconvened at 8:21 p.m.) B. Case No. ZOA-IO-05: An ordinance amending Chapter 26 pertaining to the adoption of the
Streetscape Design Manual. The case was presented by Sarah Showalter. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the
case. She reviewed the staff report and digital presentation. Staff recommended approval of the ordinance. The amendment would promote quality development and clarify and simplify the
development process. It will also help to fulfill goals outlined in Chapter 6 of Envision Wheal Ridge, the City's Comprehensive Plan. Further, the new manual will help the City create
attractive, high-quality streets that improve the image and character of Wheat Ridge. Commissioner OHM referred to page 28 and suggested that the wording should be changed from "tree
grate openings shall be no more than y.. inch in width" to "tree grate openings shall comply with ADA regulations." Ms. Showalter agreed with this amendment. Commissioner OHM suggested
another amendment on page 36 to require that drip irrigation be used in all non-turf areas consisting of either subsurface or micro-spray. Ms. Showalter stated these requirements were
developed in conjunction with the Parks staff and she will check with them before making a change. Commissioner OHM asked that consideration be given to adding a statement that says:
"Turf areas less than 6 feet in width shall be irrigated with subsurface to Planning Commission Minutes 5 February 17, 20 II
avoid overspray onto pavement." Ms. Showalter stated that she will check with the Parks staff on this change also. Commissioner OHM stated that the manual is well done. Commissioner
MA TIHEWS noted that page 47 shows serviceberry shrubs as high water use and page 52 shows them as low water use. Ms. Showalter explained that the first reference is from the Garden
Centers of Colorado. The second reference is from the Parks department. She will research to determine which one is correct. There were no members of the public present to address the
Commission. The public hearing was closed. It was moved by Commissioner DWYER and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending Chapter 26 pertaining
to adoption of the Streetscape Design Manual with the following amendments: 1. Strike the following language on page 28: "tree grate openings shaH be no more than Y. inch in width" and
replace with the following language: "tree grate openings shall comply with ADA regulations." The motion carried 6-0 with Commissioners BRINKMAN and TIMMS absent. C. Case No. ZOA-ll-Ol:
An ordinance amending Chapter 26 concerning residential dumpster regulations. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised
the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. The proposed code amendment changes the maximum allowed dumpster size
to reflect cun·ent industry standards. Commissioner DWYER commented that it didn't seem necessary to change the 1.5 cubic yard requirement for residential structures on agriculturally
zoned properties because 1.5 is still a viable option. It was moved by Commissioner BUCKNAM and seconded by Commissioner DYWER to approve the proposed ordinance amending Section 614
of Chapter 26 concerning residential dumpster regulations. With the following amendment: Planning Commission Minutes 6 February 17,2011
1. Regarding residential structures on agriculturally zoned properties, do not change the existing language in the code. The motion carried 6-0 with Commissioners BRINKMAN and TIMMS
absent. 8. OTHER ITEMS • 38th Avenue Corridor Plan Meetings -Sarah Showalter reported that the first stakeholder committee meeting will be held on March 10, 2011. The first public meeting
will be held at 6:30 p.m. on March 15, 2011 at Wheat Ridge Middle School. • Wheat Ridge Retail Road Show -Ken Johnstone reported that the Alliance Subcommittee of the international Council
of Shopping Centers will bring a panel of experts to the City of Wheat Ridge to give their assessments about Wheat Ridge from a retailer/developer perspective. This panel will be held
for public and private sector representatives at city hall on Wednesday, February 23, at 5:30 p.m. 9. ADJOURNMENT Prior to making his last motion as a memher of the Planning Commission,
Commissioner DWYER stated that it was a pleasure to work with fellow Commission members and he was pleased with the direction Wheat Ridge is taking. It was moved by Commissioner DWYER
and seconded by Commissioner POND to adjourn the meeting at 8:53 p.m. The motion carried 6-0. Richard Matthews, Chair Ann Lazzeri, Secretary Planning Commission Minutes 7 February 17,
201 1
1 Streetscape Design Manual ZOA‐10‐05 City Council Public Hearing March 28, 2011 Streetscape Design Manual Existing Manual • Contains Architectural and Streetscape Design Guidelines
• Architectural Guidelines no longer used – replaced by Architectural and Site Design Manual (ASDM) in 2007
2 Streetscape Design Manual Existing Manual • Lack of objective measurements – No minimum dimensions – Difficult to implement • Outdated Street Typologies – City divided between “rural”
and “urban” Streetscape Design Manual New Manual • Remove Architectural Standards • Clarify process and requirements • Minimum widths for sidewalks and buffers/amenity zones • Focus
on six priority corridors likely to redevelop
3 Streetscape Design Manual New Manual ‐Applicability • Does not apply to existing local residential streets • Collectors and arterials, or new local streets serving mixed‐use/commercial
development –New development or redevelopment that increases building area by 50% or more – Any city‐funded street improvement project Streetscape Design Manual Priority Corridors
4 Streetscape Design Manual New Manual – Priority Corridors • Design intent • Minimum standards – Sidewalk widths – Buffers/amenity zones – Pedestrian lighting – Trees and plantings
• Requires additional ROW on most streets (taken as properties redevelop) Example section for W. 38th Avenue Streetscape Design Manual New Manual – All Streets • Design Standards and
Guidelines for: – Sidewalks – Buffers/amenity zones – Street furniture – Trees and plantings – Maintenance and irrigation
5 Streetscape Design Manual Process • 2 study sessions with Planning Commission • 2 study sessions with City Council • Feedback from Active Community Environment (ACE) Task Force • Planning
Commission recommended approval and adoption at February 17 Public Hearing Streetscape Design Manual Compatibility with Envision Wheat Ridge
6 Streetscape Design Manual Compatibility with Envision Wheat Ridge • Promote quality streetscape design for priority corridors • Enhance the image of the City • Establish objective
standards that help to clarify what is required of new development
~~,,~ ~ _ ... City of ~Wheat~dge ITEM NO: a. DATE: March 28,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2011 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS SECTION
26-805, CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 [g] PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-mDICIAL:
ISSUE: D ORDINANCES FOR 1ST READING (03/14/2011) [g] ORDINANCES FOR 2ND READING (03/28/2011) D YES This ordinance establishes standards for the maintenance of existing nonconforming
structures for human occupancy within the City's established floodway district. PRIOR ACTION: The Council previously discussed this issue at the December 13,2010 City Council Meeting
and directed that an ordinance be prepared. FINANCIAL IMPACT: There will be no financial impact to the City from this ordinance. BACKGROUND: Section 26-805 of the Code governs uses in
the City's floodway district, which is characterized by hazardous and significant depths and velocities velocities in the event of a 100-year flood event. Uses currently permitted in
the floodway district are very limited. For example, structures for human habitation are not currently listed as a permitted use. However, when the current floodway district ordinance
was adopted in 2001, approximately 80 structures for human occupancy (mainly residences) were in existence in the floodway district and concurrently became nonconforming uses within
the floodway district.
Council Action Form March 28, 20 II Page 2 As nonconforming uses, these residences are subject to Sec. 26-807, which allows improvement to a nonconforming structure so long as the use
is changed to a conforming use. As a result, Sec. 26-807 operates as a bar to property owners improving their residences in the floodway district, because "structures for buman occupancy"
are not listed as a conforming use in Section 26-805. Ultimately, at such time as a property owner stops using or needs to improve his or her property, that property owner is effectively
prohibited from using the structure. One of the stated goals of Cbapter 26, Article VllI of the Code is to protect public health, safety and welfare, not to deprive property owners of
the use of their property. In order to balance these competing interests, the ordinance allows certain structures for human occupancy (which were present as of February 2001, the date
of adoption of the present floodway district regulations) to remain and be improved, so long as as they comply with the stated safety requirements contained in the remainder of Article
VTII, which would otherwise be unavailable but for this ordinance. In addition to the considerations explained above, the City Attorney's office consulted with FEMA regarding the adoption
of this ordinance and any safety concerns it might raise for FEMA. Because the improvements being allowed are only on existing structures and such improvements are required to comply
with the standards for Class II Special Exception Permits, FEMA did not have substantive comments on the effect of the ordinance. RECOMMENDATIONS: Continue the hearing on Council Bill
No.II-2011 to April 25, 2011 to allow a recommendation by the Planning Commission. RECOMMENDED MOTION: "I move to continue the hearing on Council Bill No. 11-2011, an ordinance amending
the Wheat Ridge Code of Laws Section 26-805, concerning nonconforming structures in the tloodway district and related sections of Article VII of Chapter 26 until April 25, 2011, at 7
p.m. in City Council Chambers." Or, "I move to postpone indefinitely Council Bill No. 11-20 I I, an ordinance amending the Wheat Ridge Code of Laws Section 26-805, concerning nonconforming
structures in the floodway district and related sections of Article Vll of Chapter 26 for the following reason(s) " REPORT I)REPARED/REVIEWED BY: Gerald E. Dahl, City Attorney Tim Paranto,
Director of Public Works ATTACHMENTS: I. Council Bill No. 11-2011 2. Memorandum from City Attorney
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER JAY Council Bill No. 11 Ordinance No. -::-:-,....-__ Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT AND RELATED SECTIONS OF ARTICLE VII OF CHAPTER 26 WHEREAS, the City of Wheat Ridge, acting through its City Council, has
previously adopted Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (the "Code") entitled "Floodplain Control;" and WHEREAS, Section 26-805.C of the Code prohibits structures
within the "Floodway District" defined by Code Section 26-802 and as described in Code Sections 26-804 and 26-806; and WHEREAS, there currently exist numerous structures for human occupancy
within the Floodway District which are legal nonconforming uses, but which, as a consequence of Code Section 26-805.C.1, could not be rebuilt if destroyed; and WHEREAS, the Council wishes
to allow such structures to be rebuilt, subject to reasonable requirements to ensure safety of human occupants. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO: Section 1. Section 26-805, sections Band C, of the Wheat Ridge Code of Laws are amended to read as follows: 26-805. Floodway District. A. B. Permitted uses. The following
open uses shall be permitted within the Floodway District to the extent that they are not prohibited in a particular area by any underlying zoning ordinance and do not include any structures(EXCEPT
AS PERMITTED BY SECS. 26-805.B.4 AND 26-805.C.1 BELOW), OR filling or deposit of materials, and do not cause any increase in the base flood elevation of the Floodway District. 1. Agricultural
uses such as general farming, pasture, truck farming, forestry, sod farming and wild crop harvesting; 2. Public and private recreational uses not requiring permanent or temporary structures
such as parks, swimming areas, golf courses, driving ranges, picnic grounds, wildlife and nature preserves, game Attachment 1
farms, fish hatcheries, shooting preserves, target ranges and hunting, fishing and hiking areas; 3. Utility facilities such as flowage areas, transmission lines, pipelines, water monitoring
devices, roadways and bridges; 4. STRUCTURES FOR HUMAN OCCUPANCY WHICH WERE IN EXISTENCE AS OF FEBRUARY 26, 2001, SUBJECT TO SECTION 26-807 (NONCONFORMING USES) AND RECONSTRUCTED OR
SUBSTANTIALLY IMPROVED NONCONFORMING STRUCTURES PERMITTED PURSUANT TO SECTIONS 26-807.B AND 26-807.F; AND 5. Uses being similar in nature to these permitted uses may be allowed, provided
that they are consistent with the provisions of these regulations. C. Prohibited Uses. 1. Structures, EXCEPT TO THE DEGREE PERMITTED BY SECTION 26-805.B.4, fill or deposition of materials
shall be prohibited in the Floodway District. 2. The storage or processing of materials that are buoyant, flammable or explosive, or any hazardous liquid or soluble matter which in times
of flooding could be injurious to human, animal or plant life shall be prohibited within within the Floodway District. Section 2. Section 26-806.A of the Wheat Ridge Code of Laws is
amended to read as follows: 26-806. Flood Storage District. A. Application and description. These regulations shall apply to all properties designated as within the Flood Storage District,
EXCEPT AS ALSO APPLIED TO CERTAIN STRUCTURES IN THE FLOODWAY DISTRICT BY SEC. 26-805.B.4. Section 3. Section 26-807 of the Wheat Ridge Code of Laws is amended to read as follows: Sec.
26-807. Non-conforming uses AND STRUCTURES. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject
to the following conditions: A. No such use shall be expanded or enlarged except in conformity with the provisions of these regulations. -2-
B. No substantial improvement (EXCEEDING 50% OF THE PRIOR VALUE OF THE STRUCTURE) to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming
HSe STRUCTURE is permanently changed to a conforming HSeSTRUCTURE, EXCEPT THOSE NONCONFORMING STRUCTURES IN THE FLOODWAY DISTRICT. SUBSTANTIAL IMPROVEMENT OF STRUCTURES IN THE FLOODWAY
DISTRICT SHALL BE PERMITTED SUBJECT TO THE REQUIREMENTS OF SECTION 26-806.0 , E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT BE REQUIRED. C. If such use is discontinued
for twelve (12) consecutive months, any future use of the building and premises shall conform to these regulations. D. Uses or adjuncts thereof which are nuisances shall not be permitted
to continue as nonconforming uses. E. Any alteration, addition or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by flood proofing
measures pursuant to section 26-808C.4.a. F. FOR PURPOSES OF SEC. 26-805.B.4, RECONSTRUCTION OF A NONCONFORMING STRUCTURE SHALL COMMENCE WITHIN TWO (2) YEARS OF THE EVENT GIVING RISE
TO THE NEED FOR SUCH RECONSTRUCTION. SUCH RECONSTRUCTION SHALL BE SUBJECT TO THE REQUIREMENTS OF SECTION 26-806.0, E and F, PROVIDED, HOWEVER, THAT A SPECIAL EXCEPTION PERMIT SHALL NOT
BE REQUIRED. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of th is 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. INTRODUCED, READ,
AND ADOPTED on first reading by a vote of 6 to 0 on this 14th day of March, 2011 , ordered published with Public Hearing and consideration on final passage set for March 28, 2011 at
7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15 days after final publication. -3-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011 . SIGNED by the Mayor on this __ day of _____ , 2011 . ATTEST: Michael Snow, City
Clerk First Publication: March 17,2011 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney -4-
TO: FROM: DATE: RE: MUR.RAY DAHL KU~C~£NM£I~TIiii:R R~NAUD LLP Mayor and Council MEMORANDUM Gerald E. Dahl, City Attorney February 15, 2011 Ordinance amending Floodway District At the
Council study session on this item, Councilwoman Berry raised the question of the potential effect of this ordinance on flood insurance rates. The City Attorney's office contacted FEMA
for consultation on this matter, and reports as follows: Impact on individual insurance rates: The local Federal Hazards Specialist for FEMA indicated that nothing about the ordinance
itself would make individual homeowners' insurance rates increase. When a person attempts to substantially improve their residence under the revised Code section, that person 's insurance
rates might actually decrease if they are required to comply with all of the flood proofing measures (such as raising the first floor to l ' above base flood elevation); because, in
the end, the home will be safer than it was before. However, in making such improvements, the owner owner will likely incur expenses in order to ensure the home is compliant with the
Code. Further, if for some reason a homeowner has not previously obtained flood insurance, they will likely be required to do so at the time of improving their property. Impact on City's
rating: The City is part of the National Flood Insurance Plan Community Rating System ("CRS"). Currently, the City has been very proactive in protection of its floodplain and has received
a very good rating. Flood insurance policies purchased within the floodplain are at a 15% discount, and flood insurance policies purchased outside of the floodplain are given a 5% discount
as a result of the City's rating. The City's flood insurance program is not at risk with th is ordinance. Attachment 2
• .' • -City of. -.rWheatRL-dge JTEMNO:~ DATE: March 28, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2011 AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING
RESIDENTIAL DUMPSTER REGULATIONS D PUBLIC HEARING D BIDSIMOTlONS D RESOLUTIONS IZI ORDINANCES FOR 1ST READING (03/28/2011) D ORDINANCES FOR 2ND READING (04/11 /2011) QUASI-JUDICIAL:
YES Community Develop Director ISSUE: The attached ordinance proposes an amendment to Chapter 26 of the Code of Laws to allow one trash dumpster up to two cubic yards on residentially
zoned properties with one· and two· family dwellings. Currently, the zoning code allows residential properties with one· and two-family dwellings a trash receptacle no larger than one
and one-half cubic yards, subject to regulations regarding screening and placement. The proposed code amendment changes the maximum allowed dumpster size to reflect current industry
standards. PRlOR ACTION: Trash dumpster regulations were most recently amended in 2009 following a series of Study Sessions with City COlmcil and Planning Commission. At that time, Section
26-614 was reorganized and amended, allowing single and two-family dwellings in residential districts to have one trash dumpster up to one and one-half cubic yards. The attached ordinance
proposes a minor revision that reflects current industry standards. At a Public Hearing on February 17, 2011, Planning Commission voted to approve recommendation of the proposed ordinance,
with one amendment that is reflected in the attached ordinance. ZOA· II·O 11 Residential Dumpsters
Council Action F onn March 28, 20 II Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Section 26-614 of the Code of
Laws provides for the size, screening, and placement of trash receptacles in a variety of zone districts. From 1996 to 2009, the largest allowed residential dumpster was one cubic yard.
In 2005, City Council discussed poLicy options for dumpster regulations, but no direction was given to move forward with amendments. Tn 2009, in response to several code violations throughout
the City, the issue of residential dumpsters was revisited. Multiple study sessions were held with City Council and Planning Commission, and direction was given to amend the language
in the Code of Laws to reflect current standards. Pursuant to ZOA-09-04, Section 26-614.B currently allows single and twofamily dwellings in residential districts to have one trash dumpster
up to one and one-half cubic yards. One property owner in particular has been cited on multiple occasions for a non-compliant dumpster. [n 2005, the property owner voiced to City Council
her difficulties in keeping a code compliant dumpster. More recently, she received a code violation in August 20 lOin part because the dumpster exceeded the new one and one-half cubic
yard maximum. The property owner stated that dumpsters are not available in sizes of one and one-half cubic yards; the City'S property inspector confirmed this statement with the trash
provider. Industry Standards-Dumpster Size Wheat Ridge residents are served by multiple trash providers. In addition to providing standard trash receptacles to one-and two-family homes,
refuse companies also offer dumpster service on a contractual basis. Generally, two types of dumpsters are available from local providers: front loading and open top roll-off dumpsters
(see Image 1). Front load dumpsters often include lids; open top roll-off dumpsters are more commonly used on construction sites. Imal(c I: Front Load Ihllllpstcr (Icft) and Open Top
Roll-off l>ull1pstcr (right) Table 1 identifies the smallest available dumpsters from refuse providers in the Denver Metro area. It also notes those providers that the City includes
in its online resource directory under "Garbage & Recycling." Many refuse providers do not offer front load receptacles, but of those who do the smallest available dumpster is most often
two cubic yards.
Council Action Form March 28, 2011 Page 3 Tahlc I: »umpstcl' A\ ailahilit~ in thc »CII\ CI' Mctro Arca Compan~ Namc Smallcst Fronl Load Smalll'sl Roll-off On Cit~ (in cuhic ~ anls) (in
cuhic ~;lI'(ls) Wchsitc EDS Waste Solutions Inc. l.5 * 6 Y Waste Management 2 10 Y Alpine Waste & Recycling 2 15 Y Allied Waste 2 20 Y Garbagio none available 5 Sam's Hauling none available
6 Dumpster Rental Denver none available 10 Pro Disposal Inc. none available 10 Yellow Box none available 10 Affordable Rolloff none available 12 Rolloff Remedies none available 12 *
When available; EDS has a limited supply of I.S yard dumpsters but more commonly provides 2 yard dumpsters. The information in Table I confirms the findings of the City's property inspector
and statements made by Wheat Ridge property owners: the current industry standard for the smallest available dumpster is two cubic yards. Image 2 illustrates the dimensions of front
load dumpsters. Imagc 2: Common Sizes for Fronl-Load »umpstcl' ·1 eUGIe YD t 43" 34" j • • • 72" • Dimensions are from Waste Management of Colorado and are consistent with those presented
in 2009.
Council Action Form March 28, 20 II Page 4 RECOMMENDATIONS: The intent of the attached ordinance is to provide a viable option for property owners to have dumpsters on residentially
zoned properties with one-and two-family dwellings. The proposed code amendment reflects current industry standards and may reduce the frequency of dumpsterrelated code enforcement issues.
Staff recommends changing the maximum size restriction in Section 26-614.B to allow a two cubic yard trash dumpster for one-and two-family structures in residentially zoned areas. No
change is proposed for placement or screening requirements. Currently, Section 26-614.C allows residential structures on agriculturally zoned property to have one trash receptacle larger
than one and one-half cubic yards. For consistency, staff had originally recommended changing this language to two cubic yards. At the February 17tll Public Hearing, Planning Commission
recommended approval of the proposed ordinance with the amendment that there be no changes to regulations for agriculturally zoned property. The attached ordinance reflects this amendment
and makes no changes to Section 26-614. C. RECOMMENDED MOTION: "I move to approve Council Bill No. 12-20 I 1, an ordinance amending Section 614 of Chapter 26 concerning residential dumpster
regulations on first reading, order it published, public hearing set for Monday, April Illh at 7:00 p.m. in City COlmcil Chambers, and that it take effect 15 days after final pUblication.
Or, "I move to postpone indefinitely Council Bill No. 12-2011, an ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations for the following reason(s)
" REPORT PREPARED/REVIEWED BY; Lauren Mikulak, Planner I Meredith Reckert, Senior Planner Ken Johnstone, Commlmity Development Director ATTACHMENTS: 1. Council Bill No. 12-20 II
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ...,--____ _ COUNCIL BILL NO. 12 ORDINANCE NO. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING
RESIDENTIAL DUMPSTER REGULATIONS 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 wishes to amend the Wheat Ridge Code of Laws
(the "Code") with respect to trash dumpsters. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-614 of the Code is amended
to read: Sec. 26-614. Trash storage area screening. A. Trash storage for all existing and new multi-unit dwellings, institutional buildings, all business and industrial buildings or
uses and agriculturally-zoned properties shall be accommodated within the structure, or if located outside: 1. Shall be located or screened so as not to be visible from any public streets,
and; 2. Shall be screened when located within one hundred (100) feet of anyone-or two-family residential structure. If screened by a fence or wall, a fence permit and site plan shall
be required, and such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters and the required screening shall not be located within five (5) feet of combustible
walls, openings, or combustible roof eave lines. The required screening shall be protected from damage by normal removal and replacement of the dumpster by a trash truck. Maintenance
will be required if the screening is damaged and/or dilapidated, or in need of repair, and the area around the screening shall be kept free of junk and trash. B. One-and two-family residential
structures in residentially zoned areas are permitted to have one trash dumpster no larger than one and one half (1.6) two (2) cubic yards in size and are subject to the following conditions:
1. Trash dumpsters may not be stored wholly or partially within any portion of the front setback of the lot, and; 2. Any trash dumpster shall be screened from view so not to be visible
from the public right-of-way or adjacent properties. Attachment 1
If a trash dumpster is screened by a fence or wall, a fence permit and site plan shall be required. Such screening shall be by a decorative wall or fence six (6) feet in height. Dumpsters
and the required screening shall not be located within five (5) feet of combustible walls, openings, or combustible roof eave lines. The required screening shall be protected from damage
by normal removal and replacement of the dumpster by a trash truck. Maintenance will be required if the screening is damaged and/or dilapidated or otherwise in need of repair. The area
around the dumpster and screening shall be kept free of junk and trash. C. Residential structures on agriculturally-zoned property shall be permitted to have one (1) trash dumpster.
The dumpsters on such lots may be larger than one and onehalf (1 .5) cubic yards in size and shall meet the requirements set forth in Section 26-614(A). D. In no instance shall trash
screening for any commercial, industrial multi-family, agricultural, or other residential property be permitted to become a sight, traffic, or safety obstruction for driveways or street
corners. No such screening shall displace required parking spaces, or landscaping, unless reviewed and approved by the Director of Community Development as an administrative variance
after considering all reasonable alternatives. An administrative variance, to the prior sentence only, shall follow the procedures set forth in section 26-115, but shall not be limited
to the fifty (50) percent provisions thereof. E. Temporary construction dumpsters and temporary storage containers may be allowed in all zone districts at active construction projects
only, and must be located on private property. If impractical to locate on private property, a right-of-way permit may be obtained from the public works department pursuant to Article
III of Chapter 21 of the Wheat Ridge Code of Laws. Temporary construction dumpsters and temporary storage containers shall not be located so as to create sight, traffic, or safety obstructions.
Temporary construction dumpsters and temporary storage containers must be removed within fourteen (14) days of construction completion. F. Screening is not required for dumpsters that
are used by the community exclusively for the purpose of recycling. Dumpsters used for this purpose must be clearly labeled as recycling dumpsters. (Ord. No. 2001 -1215, § 1, 2-26-01
; Ord. No. 1284, § 1, 4-28-03; Ord. No. 1454, § 1, 9-28-09) 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 the ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance
shall take effect fifteen 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
_, 2011, ordered it published with Public Hearing and consideration of final passage set for , 2011 at 7:00 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 , 2011 . SIGNED by the Mayor
on this ___ day of _ ______ , 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat
Ridge Transcript: Effective Date:
• -' • City of ? WheatRL.dge ITEM NO: LI. DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2011 -AN ORDINANCE AMENDING SECTION 5-117(a)(5) OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE TO ALLOW HOME OWNER BUILDING CONTRACTOR LICENSEES TO PERFORM ELECTRICAL WORK o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Attorney
ISSUE: ~ ORDINANCES FOR 1ST READING (03/28/2011) o ORDINANCES FOR 2ND READING (04/11/2011) o YES City Manager Staff was asked to prepare an ordinance authorizing home owner building
contractor licensees within the City to perform electrical work. PRIOR ACTION: Council adopted Ordinance 146l on May 10,2010 amending certain sections of Chapters 5 and 21 of the Code
concerning the licensing of contractors. Ordinance 1461 amended section 5-117(a)(5) by removing the ability of home owner building contractors to perform electrical work in their residences.
FINANCIAL IMPACT: No financial impact is anticipated. BACKGROUND: The City of Wheat Ridge issues five classes of contractor licenses. One of the classes is home owner building contractors.
These types of contractors are authorized to perform certain construction, alterations and additions within their residences that include plumbing and
Council Action Form March 28, 20 I I Page 2 mechanical alterations. Currently, home owner building contractor licensees are prohibited from performing electrical work. This prohibition
took effect following Council's adoption of Ordinance 1461 in May, 2010. At a recent Study Session, the Council reviewed the types of work that home contractors were authorized to perform
in their residences. Following that discussion, Council asked staff to prepare an ordinance authorizing home owner building contractors to perform electrical work. The attached ordinance
accomplishes that request. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 13-20 II , an ordinance amending Section
5-117(a)(5) of the Code of Laws of the City of Wheat Ridge allowing home owner building contractor licensees to perform electrical work, on first reading, order it published, public
hearing set for Monday, April 11 , 2011 at 7 p.m. in the City Hall Council Chambers, and that it takes effect 15 days after final publication." Or, "[ move to table indefinitely Council
Bill No. 13-2011 , an ordinance amending Section 5-117(a)(5) of the Code of Laws of the City of Wheat Ridge allowing home owner building contractor licensees to perform electrical work
for the following reason(s) ________ " REPORT PREPARED BY: John Schumacher, Chief Building Official Gerald Dahl, City Attorney A TT ACHMENTS: I. Council Bill No. 13-20 11
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. ___ _ ORDINANCE NO. -::-:-__ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 5-117(a)(5) OF
THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO ALLOW HOME OWNER BUILDING CONTRACTOR LICENSEES TO PERFORM ELECTRICAL WORK WHEREAS, the City of Wheat Ridge ("City"), acting through its
City Council, has authority pursuant to Article XX of the Colorado Constitution, C.R.S. § 31 -15-501 , and the City's Home Rule Charter to regulate the licensing of contractors, and
has previously done so in Chapter 5, Article IV of the Code of Laws of the City of Wheat Ridge ("Code"); and WHEREAS, the City Council wishes to revise section 5-117(a)(5) of the Code
to authorize home owner building contractor licensees to perform electrical work in addition to plumbing and mechanical alterations. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 5, Article IV, Section 5-117(a)(5) of the Code is hereby amended as follows: Home owner building contractor -Class 5. A home
owner building contractor, class 5, shall be authorized to do the following: construction, alterations or additions including plumbing, ELECTRICAL and mechanical alterations of a single-family
dwelling owned and resided in by that individual for a period of one (1 ) year after approved final inspection of the work. A city contractor license shall not be required; however,
a home owner building contractor, class 5, shall be required to be registered in the city. Section 2. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause
of th is 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 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 the 28th day of March, 2011, ordered published in
full in a newspaper of Attachment 1
general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 11, 2011 , 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 , 2011 . SIGNED by the Mayor on this ___ day of _________
, 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective
Date:
• • -' -City of -PWheatRt-dge ITEMNO:~ DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-11-04, 2011 SLURRY SEAL, TO FOOTHILLS PAVING IN THE CONTRACT AMOUNT
OF $215,411.25 o PUBLlC HEARING [gJ BIDS/MOTIONS o RESOLUTIONS QUAST-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING o YES The 2010 Slurry Seal Project will
provide the needed maintenance treatment to various local streets throughout the City. The slurry seal treatment will rejuvenate the wearing course and reduce water infiltration under
pavements. The treatment will extend the pavement life of these streets as part of the ongoing maintenance program. This project is the second of three preventive maintenance projects
that the City will implement this year. The apparent low bidder is Foothills Paving, Golden, Colorado, in the total amount of $215,411.25. PRIOR ACTION: None FINANCIAL IMPACT: Funding
for 20 II Slurry Seal Project has been approved in the Preventive Maintenance Projects Line item of the 20 II Capital Improvement Program budget in the amount of $2,000,000. Performing
this project will extend the useful life of the streets treated. BACKGROUND: Bids for the 20 II Slurry Seal Project, #S-PM-03-11, were opened on February 23,2011. Three bids were received.
The bids were comprised of five parts -Base Bid and Alternate Bid I through Alternate Bid 4.
Council Action Form March 28, 20 II Page 2 Base bid will provide for slurry sealing various local streets by selection and priority throughout the City. Alternate bid I through 4 were
prepared as bid options, so that if the cost of the base bid is reasonable additional streets can be added to the project. Bid Ranges Base Bid: $193,69\.00 -$261,011.50 Alternative:
# I $21,720.25 -$28,902.50 #2 $23,019.90 -$30,679.00 #3 $11,489.85 -$14,618.50 #4 $14,450.55 -$18,665.50 Engineering Estimate $193,734.50 $24,412.50 $25,815.00 $13,372.50 $16,567.50
Based on bid pricing results and to remain within the target project budget, staff recommends base bid and bid alternative I be selected for constmction. The lowest responsible and responsive
bidder, Foothills Paving of Golden, Colorado, has met the bid and qualification requirements. A 10% contingency amount of $21,541 is requested for the cost of other items related to
the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous projects, Staff recommends the bid be awarded to Foothills Paving. Furthermore,
Staff recommends that base bid and bid alternative I be selected for this project based on budget availability. RECOMMENDED MOTION: "I move to award ITB-II-04, 2011 Slurry Seal Project
base bid and bid alternate #1 to Foothills Paving, Golden, Colorado, in the amount of$215,411 .25, with a contingency amount of $21 ,541 for the cost of other items related to the project.
[ further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $236,952.25. I further move that all costs associated
with this contract be paid from account number 30-303-800-884, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." Or, "I
move to deny award of ITB-II-04 2011 Slurry Seal Project to Foothills Paving, for the following reason(s) "
Council Action Form March 28, 20 I I Page 3 REPORT PREP AREDfREVIEWED BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public Works A TT
ACHMENTS: I. Bid Tabulation Sheet 2. Project Map
PROJECT: ITB-11-04 REQUESTED BY: RUSS HIGGINS I 2011 SLURRY SEAL OPENED BY: LINDA TRIMBLE PURCHASING AGENT Q BID DUE DATEITIME: FEBRUARY 23, 2011 BY 2 p.m. OUR CLOCK WITNESSED BY: DENISE
WOOD, TEMP PURCHASING TECHNICIANOjI' \ ~~, ~ ~ _ .,. City of _ ~~eatRi9ge INTERMOUNTAIN VENDOR A-l CHIP SEAL CO. FOOTHILLS PAVING SLURRY LOCATION DENVER, CO GOLDEN, CO CALIFORNIA lliiIllillli:~i!llil
ll!i~~~!I@ml~lli~OOi~illmWrnillilllllil~'!'~a;illM~!~~~~lli~~l~~ll~~J.~ilikillili ~~~~]:~@j~lliw~~l~ll@l~l~ ~~J:L~L l~:.\;:li j!:lli~:llit:I:!!1;~tl;lliml\\~~;:1lt~l~~~~~ SIGNATURE PAGE
YES YES YES ACCEPTS VISA SEE BID YES NO CONTRACTOR'S QUALIFICATION YES YES YES LIST OF SUB-CONTRACTORS YES YES YES NON-COLLUSION AFFADAVIT YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES
YES BID BOND YES YES YES BASE BID $ 236,545.00 $ 193,691 .00 $ 261,011 .50 BID ALTERNATE #1 $ 27,889.25 $ 21 ,720.25 $ 28,902.50 BID ALTERNATE #2 $ 29,650.30 $ 23,019.90 $ 30,679.00
BID ALTERNATE #3 $ 14,045.45 $ 11,489.85 $ . 14,618.50 BID ALTERNATE #4 $ 18,043.35 $ 14,450.55 $ 18,665.50 ACKNOWLEDGE ADDENDUM 1 YES YES YES Page 1 Attachment 1
UNINCORPORATED JEFFERSON COUNlY C TY LAKEWOOD OF WHEAT R DGE 2011 PROPOSED SLURRY ___ 2.(. 1:1:1 A. JRIlY •• ~ City of .~ Wheat 0 idrre ~ruil i c WOkKi • ~ DENVER LAKESIDE Attachment
2
.. , • -City or -p Wheat R;L.dge ITEM NO: {yo DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT JANEECE HOPPE AS A CITY DIRECTOR TO THE WHEAT RIDGE BUSINESS
DISTRICT BOARD OF DIRECTORS D PUBLIC HEARING ~ BlDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING D YES The Wheat
Ridge Business District (WRBD) is managed by a Board of Directors. Eight Directors ("Elected Directors") are elected by the District membership to serve for three-year terms with no
term limits. Three Directors ("City Directors") are appointed by City Council and may, from time to time, be replaced. The Council appointees may be, but need not be, members of Council.
PRIOR ACTION: There is currently a City Director vacancy on the Wheat Ridge Business District due to Loretta DiTirro's reappointment from City Director to Elected Director on March 8,
2011. FINANCIAL IMPACT: None BACKGROUND: The Wheat Ridge Business District Board has asked that a new new appointment be brought forward to City Council. V:IForms\CAFtel11plate
Council Action Fonn March 28, 2011 Page 2 RECOMMENDATIONS: Janeece Hoppe has indicated she would be willing to serve on the Wheat Ridge Business District Board and the Board welcomes
her appointment. RECOMMENDED MOTION: "I move to appoint Janeece Hoppe as a City Director on the Wheat Ridge Business District Board of Directors, term to expire March, 2014." Or "I move
to deny the appointment of Janeece Hoppe as a City Director on the Renewal Wheat Ridge Business District Board of Directors for the following reason(s) " REPORT PREPARED BY: Janice Smothers,
Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: l. Janeece Hoppe application 2. Board Roster 2011
beat Ridge BUSINESS DISTRICT Board Member Application Date: ~ " ~ " 1/Busines~ Name:fbfY7lMc~lfnSimd7tfY) Occupation:~~~L~~~~~~__~_~~_~~ ~JL~~~~~~~_ ________________ __ Are you a Wheat
Ridge resident: YES _____ NO )(, -{\ob \Q1--How long have you been a resident: vrs ~ -. Do you own a business in Wheat Ridge: YES )(.. NO ____ _ Why are you seeking this position? n
\;>0 0. ..... ().CS"\.\f':L ~(O~\lt l'CM-t p~ '\.N.. 1Ny., Oil t RA~g, ~Lt5Jnll)s COfbt¥l/,4Y\A?j Do you have business experience and/or grant making experience? W; ~ ~;;::~~=~ ~~aw~
What specific skills do you feel you would bring to the WRBD Board? ~\fy\S.k c.:bUV) kn ru~ Are there any conflicts which would interfere with regular attendance on the first Thursday
of each month from 2:30-4:ooopm? V\~ SIGNATURE S3'\ \\:? PRINT NAME ~~I 0 P g ~ Q -ADDRESS 314-1 ~ <s>-\-~ 0.D 1'b2-U5 HOMEPHONE, _________ ~---------BUSINESS PHONE =aD-<ts::-'b -6®
~ R 1J E-MAILADDRESS~%e€c.B@.<brnQQ>SDms.\YwDl>C\ " ~ Application will be kept on file for one year" Election in March. Return to: WRBD PO Box 1268, Wheat Ridge CO 80034-1268 Attachment
1
John Marriott Chairman Since Jan 2007 Up in March 2013 Larson Ski and Sport Terry Amalfitano Vice Chairman Since July 2005 Up in March 2012 Big Sky Espresso Cafe Dick Matthews Treasurer
Since March 2008 Up in March 2014 J.R. Matthews, CPAs Walt Pettit Secretary Since Sept 2002 Up in March 2012 Retired Joe DeMott Since Dec 2009 At pleasure of City District 4 Councilor
Loretta DiTirro Since March 2008 up in March 2014 Re/Max Jerry DiTullio Since March 2005 up in March 2012 Mayor Joyce Jay Since Jan 2010 up in March 2013 District 2 Councilor Roger Loecher
Since Sept 2002 up in March 2012 L&L Coins. properties Jerry Nealon Since July 2009 At pleasure of City Cress Kitchen & Bath Vacancy At pleasure of City ~Ridge BUSINESS DISTRICT Board
Roster 2011 303-423-0654 work 303-424-4577 home 303-422-1236 303-875-0576 cell 303-424-7763 work 303-424-1301 fax 303-425-4124 303-421-4100 work 303-929-4608 303-594-1520 cell 303-235-2800
303-420-8533 303-638-5858 cell 303-422-8700 fax 303-421-8711 work 303-980-1771 home Wheat Ridge 2020 PO Box 1268 john@larsonsport.com terrya@bigskyespresso.com dick@cpa3.comcastbiz.net
wcpettit39@msn.com jdemott4@gmail.com lorettadschwankl@comcast.net jerryditullio@comcast.net meljay831@aol.com Roger.Loecher@LandLCoins.com jerry@cresskitchenbath.com Box 99/4715 Kipling
St Wheat Ridge CO 80033 7210 W 38'" Ave Wheat Ridge CO 80033 4465 Kipling, Suite 103 Wheat Ridge CO 80033 3930 Eaton Wheat Ridge CO 80212 9045 W 44'" Ave Wheat Ridge CO 80033 1 Rangeview
Circle Wheat Ridge CO 80215 7500 W 29'" Ave Wheat Ridge CO 80033 4435 Carr Street Wheat Ridge CO 80033 5500 W 44'" Denver CO 80212 11506 W Atlantic Ave Lakewood CO 80227 Wheat Ridge
CO 80034-1268 720-259-1030 Britta Fisher bfisher@wheatridge2020.org Kim Snetzinger reception@wheatridge2020.org Attachment 2 Updated 03-08-11
•• ~'. City of p WheatRL-dge ITEMNO:~ DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT MEMBERS TO THE BUILDING CODE ADVISORY BOARD D PUBLIC HEARING [gJ BIDSIMOTTONS
D RESOLUTIONS QUAST-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING D YES City Manager On February 28, 20 II City Council passed Ordinance 1478
amending the Membership and Powers of the Building Code Advisory Board per the Wheat Ridge Code of Laws, Section 2-59. While the Board must still maintain staggered J-year terms per
the Code of Laws, the restructuring of the Board composition in Ordinance 1478 requires re-appointment of an existing Board seat with different term ending dates. At this same time,
Council may also choose to appoint new qualified Board members. At the March 14, 20 II Council meeting William Starker, District I, was appointed to the Board and the remaining appointments
were deferred to the Council Meeting of March 28, 2011. BACKGROUND: The new Board composition shall consist of five members, one appointed from each oftbe four Council Districts and
one at-large member. All members sball be qualified by experience and trained to pass upon matters pertaining to building construction. The Board shall have representatives from the
following categories as regular members: • One licensed architect • One licensed engineer • One builder • Two other members from any field related to the construction industry V:IFonnslCAFtemplate
Council Action Fonn March 28, 20 II Page 2 Alternate members may be appointed to the Building Code Advisory Board to preside in the absence of regular members and may be from any fields
related to the construction industry. The table below summarizes the current composition of both expertise and District representation on the Board: BOARD Expertise District Representation
COMPOSITION Licensed Licensed other Dist Dist At-Architect Engineer Builder Related Dist I Dis! II III IV Large Ron Abo X X Philip Plummer X X Ralph SantanQelo X X X John Kellow X X
The four current board members satisfy the complete expertise requirements as per the Wheat Ridge Code of Laws. Subsequent appointed members may be from any field of expertise related
to building constrllction. Alternate members may also be appointed to the Board to serve in the absence of a regular Board member and may be ITom any field related to building construction.
One additional new Board member application has been submitted by Thomas Abbott to represent District Ill. Board member terms must be 3-year, staggered terms. As such, the existing terms
have been adj usted to comply with this requirement while in the newly organized Board composition. The Board member terms in the following table are recommended, which maintain the
same terrnending dates for three of the four existing Board members. Current New Term Dist. Name Term Dist. Address Phone nla I William Starker 31212014 I 3019 Eaton St. 303-233-0241
31212013 l/Philip Plummer 3/2/2013 n 10398 W. 41 st Ave. 303-421-4324 3/2/2012 III Ronald Abo 3/2/2012 III 45 Hillside Dr. 303-202-3537 3/212013 III Ralph P. 3/2/2014 AL 380 I Wright
Cl. 303-422-5138 Santangelo 3/2/2012 rv John Kellow 3/2/20 12 IV 4740 Parfet St. 303-525-4663 Under this recommended Board composition, the later of the two current District III seats,
currently occupied by Ralph Santangelo, must be re-appointed as an at-large representative and with the specified term-ending date of3/02/2014.
Council Action Fonn March 28, 2011 Page
3 Current Board members were notified by the City Clerk of the changes made by Ordinance 1478. All have expressed desire to continue serving their terms under the new organization. Ralph
Santangelo was also notified and apprised of the recommended re-appointment with an extended tenn-ending date. In addition, one new Board member application has been submitted by Thomas
Abbott to represent District lIT on the Building Code Advisory Board. RECOMMENDA TlONS: The following appointments are recommended: • Ralph Santangelo to be re-appointed as an at-large
member, term ending 3/212014 Additional alternate Board members may be appointed at Council's discretion. RECOMMENDED MOTIONS: "I move to appoint Ralph Santangelo to the Building Code
Advisory Board as an lIt-large member, term to expire March 2nd, 2014." "[ move 10 appoint _________ 10 the Building Code Advisory Board as an alternlIte member, term to expire " Or,
"[ move to deny approval of the following appointment(s) 10 the Building Code Advisory Board, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Michael Snow, City Clerk A TT
ACHMENTS: I. Ordinance 1478 2. Application, Thomas Abbott
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 05 Ordinance No. 1478 Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT RIDGE CODE
OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by
Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 2 of the Wheat Ridge Code of Laws ("Code") concerning administration,
and including the creation and membership of a Building Code Advisory Board (the" Board"); and WHEREAS, The City Council wishes to permit flexibility in filling vacancies on the Board
within the constraints imposed by the City's Home Rule Charter and Section 2-53 of the Code; and WHEREAS, the City Council wishes to amend the review criteria applied by the Board in
its decision-making process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OF WHEAT RIDGE, COLORADO: Section 1. Section 2-59 of the Wheat Ridge Code of Laws is hereby
amended to read in its entirety as follows : (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and methods of
construction and to provide for reasonable interpretation of the provisions of the "INTERNATIONAL Uniform Building Code," AS ADOPTED BY SECTION 5-76 OF THIS CODE. (b) The building code
advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, AND SHALL HAVE SUCH OTHER
DUTIES AS SET FORTH IN THIS CHAPTER. (c) The board shall consist of FIVE (5) members, ONE APPOINTED FROM EACH OF THE FOUR COUNCIL DISTRICTS, AND ONE AT-LARGE MEMBER, ALL OF WHOM SHALL
BE qualified by experience and trained to pass upon matters pertaining to building construction aRG. THE BOARD shall Attachment 1
have representatives from the following categories as regular members of the board: one (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) members from fields
related to the construction industry. The alternate members of the building code advisory board may be members from any fields related to the construction industry. ALTERNATES MAY BE
APPOINTED TO FILL VACANCIES IN THE REGULAR MEMBERSHIP OF THE BOARD. IN THE EVENT THERE ARE NOT SUFFICIENT QUALIFIED CANDIDATES FROM THE REQUIRED FIELDS TO FILL ANY VACANCY ON THE BOARD,
THE CITY COUNCIL SHALL BE PERMITTED TO APPOINT ANY OTHERWISE QUALIFIED PERSON FROM ONE OF THE OTHER FIELDS TO FILL SUCH VACANCY. A QUORUM SHALL CONSIST OF THREE (3) MEMBERS INCLUDING
ANY ALTERNATE SERVING IN THE ABSENCE OF A REGULAR MEMBER. (d) The board shall have the a~thority to review AN APPEAL FROM any written final decision of the chief building inspector ~flon
the wrillen reEi~est of the aflfllioant within ten (10) aays of the eleoision l3y filin!! s~oh aflfleal with the l3~ilain!! aeflartment AT ITS NEXT REGULARLY SCHEDULED MEETING, BUT NOT
EARLIER THAN FIVE (5) DAYS FROM THE DATE OF SUBMISSION OF THE APPEAL. ANY SUCH APPEAL SHALL BE MADE IN WRITING WITHIN TEN (10) DAYS OF THE FINAL WRITTEN DECISION OF THE CHIEF BUILDING
OFFICIAL upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. or fire resistive stanelar8s set
forth in any oity orainanoe. INhere sfleoifio materials, tYfles of oonstr~otion or fire resistive flFOflerties are reEi~irea, s~oh reEi~irements shalll3e the minim~m reEi~irements ,
anel any materials, tYfles of oonstr~otion or fire resistive flFOteotion whioh will affora an eEi~al or !jreater ele!jree of safety or resistanoe to fire as sfleoifieel in oity orainanoes
may l3e reoommenelea (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall be pursuant to subsection (d) above. In all hearings the petitioner
shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses presented against
him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) The building code advisory board shall have the authority to promulgate
rules and regulations for the conduct and standards of review to be applied in all appeals to the board from wrillen eleoisions of the ohief l3~ilain!j insfleotOF. (g) THE BOARD SHALL
HAVE THE RIGHT TO OVERTURN DECISIONS ON THE BASIS THAT THE DECISION CAUSES UNDUE ECONOMIC HARDSHIP, PROVIDED SUCH DECISION DOES NOT DECREASE THE PUBLIC SAFETY NOR VIOLATE COUNTY, STATE
OR FEDERAL LAW. -2-
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 ~ to L on this 14th day of February, 2011 , 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 February 28, 2011 , at 7:00 p.m. , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED
on second and final reading by a vote of 7 to 0, this 28th day of February, 2011. \ ,/SIGNED by the Mayor on this ~I day of , 2011 . jA;{~ Gerald E. Dahl, City Attorney -3-
Citvor ? WhcatR!9gc ..... r _. r L " .. Board and Commission Applic%!qn:, 25 P t: 311 C'~ , APPLICATION FOR APPOINTMENT TO THE: !5'eJ/!,fJ//1/?-{c;zJ6' j(1f:/J£)1r {' V'7Y7/llt (Boal'd/Commissionl
ommiftee) ~ DATE: Z :i( /1 DISTRlCT~ '-------HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ,-7/ARE YOU A REGISTERED VOTER? W£ /WHY ARE YOU SEEK1NG THIS APPOINTMENT? f('('(;{ 7/dfr:t:
(t7l/14 (J/f'r:-ff:t11J; flV1i!{ {'fiMr~~! df 1J//f ,MiN1, ,)/(P;N{ljnflP' ('(7711If1/?'TEL( ARE THERE ANY CONFLICTS WHICH WO LD INTERFERE WITH REGULAR ATTENDENCE OR DUTTES?---L,=-::C;:J-_
______ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Cily Clel'k's Office, 7500 W. 29'" Ave., Wheat Ridge CO 80033 Attachment 2
• .' . " City of • J7"WheatR;L.dge ITEMNO:~ DATE: March 28, 20 II REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO AMEC EARTH & ENVmONMENT AL, INC. IN THE AMOUNT OF
$113,982 FOR ENERGY ASSURANCE PLANNING o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES c~~ City Manager
ISSUE: The contract with AMEC Earth & Environmental, Incorporated, is for the analysis, training and the development of a Local Energy Assurance Plan (LEAP). The funds are provided through
a grant from the American Recovery and Reinvestment Act (ARRA). The City of Wheat Ridge received an award of $130,000. $116,000 was earmarked to hire a contractor to develop the plan
and $14,000 was targeted for additional expenses. Funds over the contract price will be used for training, materials, and reimbursement for staff time spent on the project. The purpose
of the grant program is to provide funding for local government to develop capabilities for responding effectively to energy emergencies caused by weather related events, natural disasters,
or terrorist attacks. This grant provides funding for the City to identify and assess energy supply disruption scenarios and train City personnel to restore and recover from an energy
disruption event. PRIOR ACTION: A staff report dated March 17,20 I 0 was sent to City Council informing them of this grant, and is attached. An updated memorandum, dated March 9, 2011,
is also attached.
Council Action Form March 28, 2011 Page 2 FINANCIAL IMPACT: The ARRA grant provides 100% reimbursement to the City for funding the project. The 2011 Budget includes $14,000 in account
number 01-202-600-602 and $116,000 in account number 01-202-700-704. BACKGROUND: Last year the Police Department was awarded a Local Energy Assurance Plan Initiatives Grant from tbe
Department of Energy. The grant funds will allow the City to train staff and expand their capabilities to respond to a variety of energy emergencies such as blackouts, burricanes, floods,
ice storms, or possible terrorist attacks. The plan will identify and assess energy supply disruption scenarios; train personnel on energy infrastructure and supply systems; and increase
their knowledge of local energy interdependencies to reduce their response, restoration, and recovery time. Additionally, the LEAP funding will facilitate information sharing and coordination
between the state and local jurisdictions, and industry, reducing duplication and decreasing the time required to recover and restore tbe energy infrastmcture. Lastly, it is a goal to
use this funding to improve infOlmation sharing and coordination between local, cOlmty and state government, and the energy providers. RECOMMENDATIONS: It is recommended that City COlUlcil
approve the awarding of this contract to AMEC Eartb & Environmental, Inc. to assist with energy assurance plarming. RECOMMENDED MOTION: " I move to approve payment to AMEC Earth & Environmental,
Inc. in the amount of $113,982 for energy assurance planning." Or, " I move to deny payment to AMEC Earth & Environmental, lnc. in the amount of$113,982 for energy assurance planning
for the following reason(s) " REPORT PREPARED/REVIEWED BY: Wade Hammond, Lieutenant, Wheat Ridge Police Department Joseph Cassa, Commander, Wheat Ridge Police Department ATTACHMENTS:
1. Staff report of March 9, 2011 2. Staff report of March 17, 20 I 0
, . • • City of ·~WheatB.Ldge ~OLICE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City Council Patrick Gof£: City ManageJjjDaniel Brennan, Chief of Police
March 9, 20 II Local Energy Assurance Planning Initiatives Grant Last year, you were informed that the Police Department had been awarded a Local Energy Assurance Planning lnitiati ves
grant from the Department of Energy. This grant program would assist the department's emergency management function develop local energy assurance plans as part orthe City's Emergency
Operations Plan. These plans would be developed to improve electricity reliability and energy security in our community ensuring the City could recover and restore power quickly following
any energy supply disruptions. The purpose of the grant program is to provide funding for local government to develop capabilities for responding effectively to energy emergencies caused
by weather related events, natural disasters or terrorist attacks, as well as hiring and training staff. This grant provides funding for the City, through the Police Department's Emergency
Management function, to identify and assess energy supply disruption scenarios; train City personnel on energy infrastructure and supply systems; and increase knowledge locally of energy
interdependencies that improves our ability to respond, restore and recover from an energy disruption event. The grant is for $1 16,000 to Ilire a contractor to develop the plan and
$14,000 for expenses incurred by the city. The contractor selected is AMEC, Earth and Environmental which has an or-tice in Boulder. AMEC is one of the world's leading environmental
and engineering consulting organizations. The company's capabilities cover a wide range of disciplines, including environmental engineering and science, geotechnical engineering, water
resources, materials testing and engineering, engineering and surveying, and program management. AMEC assists communities in developing comprehensive energy assurance plans that mitigate
or minimize the impacts of energy emergencies or disruptions. AMEC's energy planners look at the supply and demand profile for the energy sector as a whole. This information is used
to assess critical infrastructure risks and evaluate appropriate mitigation strategies. Each plan is customized with considerations to local scale, duration factors and logistical challenges.
AMEC's energy assurance plans ensure a reliable power supply to critical infrastructure elements (government buildings, hospitals, emergency services, water and sewage, commerce, etc.)
throughout an energy emergency. Attachment 1
• -'. City of ·~WheatB-L-dge ~OLlCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council FROM: Daniel Brennan, Chief of Police DATE: March 17,2010 SUBJECT: Local Energy Assurance
Planning Initiatives Last year, the Police Department submitted Local Engery Assurance Planning Initiatives grant application from the Department of Energy. This grant program would
assist the department's emergency management function develop local energy assurance plans as part of the City's Emergency Operations Plan. These plans would be developed to improve
electricity reliability and energy security in our commwlity ensuring the City could recover and restore power quickly following any energy supply disruptions. On February 19, Secretary
Steven Chu announced the Department of Energy selected grant awards of over $8 million dollars to 43 cities and towns in the United States. These grant awareds are funded by the American
Recovery and Reinvestment Act. Five communities in Colorado were selected to receive grant awards, the City of Wheat Ridge Police Department received an award of $\30,000. The purpose
of this grant program is to provide funding to local government to develop their capabilities in responding more effectively to energy emergencies caused by weather related events, natural
disasters or terrorist attacks, as well as hiring and training staff. This grant also provides ftmding for the City, through the Police Department's Emergency Management function, to
identify and assess energy supply disruption scenarios; train City personnel on energy infrastructure and supply systems; and increase knowledge locally of energy interdependencies that
improves our ability to respond, restore and recover from an energy disruption event. These Local Energy Assurance Planning (LEAP) funds will allow local governments to hire and train
staff and expand their capabilities to respond to a variety of energy emergencies such as blackouts, hurricanes, floods, ice storms, or possible terrorist attacks. Each comrmmity will
identifY and assess energy supply disruption scenarios; train personnel on energy infrastructure and supply systems; and increase their knowledge of local energy interdependencies to
reduce their response, restoration and recovery time. Additionally, the LEAP funding will facilitate information sharing and coordination between states, local jurisdictions, and industry,
reducing duplication and decreasing the time required to recover and restore the energy infrastructure. Lastly, it is a goal of this funding to improve information sharing and coordination
between local, county and state government, and the energy providers. Lieutenant Wade Hammond will be the Energy Emergency Assurance Coordinator for the department. The Police Department
anticipates contracting with a local energy consultant to develop the Energy Assurance Plan in conjunction with City Staff. Please let me know if you would like further information on
this program. Attachment 2
• • ~ City of • ? WheatRLdge lTEMNO:~ DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO SET BUSINESSES AND APPLICATIONS FEES FOR MEDICAL MARIJUANA PRIMARY CARE-GIVER
LICENSE o PUBLIC HEARING [2J BlDSIMOTIONS o RESOLUTIONS o ORDrNANCES FOR 1sT READrNG o ORDrNANCES FOR 2 ND READING o YES City Attorney ISSUE: On March 14, 2011 , Council adopted Ordinance
1479 concerning the licensing of medical marijuana businesses and primary caregivers. Currently, the City does not have any specific license application fees concerning these new City
licenses. Because the City may begin processing applications for these licenses on April 1, 2011 , Council should consider adopting fees that will cover the cost of processing the license
applications. Pursuant to Code sections 11-297 and 11-322 in Ordinance 1479, those fees may be adopted by motion. A proposed fee schedule for Council's consideration is attached. PRIOR
ACTION: Council adopted Ordinance 1479 on March 14,2011 adding a new Article Xli to Chapter Chapter 11 of the Code concerning medical marijuana, and making certain amendments to Chapter
26 (zoning and development) in association therewith. FINANCIAL IMPACT: The proposed fees offset the City's estimated costs to review and process the medical marijuana business license
applications. BACKGROUND: On March 14, 2011 COllncil adopted Ordinance 1479 which added a new Article XI! to Chapter 11 of the Code of Laws concerning the licensing of medical marijuana
businesses and primary
Council Action Fonn March 28, 20 II Page 2 caregivers. Pursuant to Code sections 11-297 and 11-322 in Ordinance 1479, Council is authorized to adopt fees that will cover the City's administrative
costs to process those license applications by motion. Ordinance 1479 becomes effective on April 1,20 II at which time the City may begin accepting applications for those licenses. The
fees are non-reflmdable. There are two existing medical marijuana businesses and an unknown number of primary caregivers operating in the City. Those two existing businesses and all
primary care-givers are required to apply for these new City licenses starting April 1,2011. Because the City does not have any fees in place concerning the processing of medical marijuana
business or primary caregiver license applications, the City would not cover its costs associated therewith. Staff has estimated the minimum amount of time that they would spend processing
these license applications. An analysis of those estimated costs is attached. Also attached is a proposed fee schedule which covers those estimated costs. The initial application fee
for medical marijuana centers, optional premises cultivation operations and medical marijuana-infused products manufacturer licenses would cost the City approximately $310 which equates
to eight hours of staff time. Ifan applicant already has a medical marijuana center license from the City or submits multiple applications for medical marijuana business licenses, the
fees are reduced. The renewal fees for these licenses are $20. Because the license applications for primary care-givers should not require substantial staff time, staff is not recommending
a fee for those license applications that is above and beyond the City's minimum $20 business license application fee. RECOMMENDATIONS: Staff recommends approval of this motion. RECOMMENDED
MOTION: "I move to set the non-refundable fees for medical marijuana businesses and primary care-giver license applications required by Code sections 11-297 and 11-322 as provided in
the fee schedule and that it become effective as of April 1, 20 II." Or, " I move to postpone indefinitely setting the non-refundable fees for medical marijuana businesses and primary
care-giver license applications required by Code sections 11-297 and 1 1-322 as provided in the fee schedule for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney
ATTACHMENTS: I. Analysis for Fees Recommendation 2. Fee Schedule for City of Wheat Ridge Medical Marijuana Business and Primary Caregiver License Applications
L'I tense TI vpe Ta x e os! Medical Marijuana Center $50.00 (2 hrs at $251hr) Medical Marijuana Optional $50.00 (2 hrs at $251hr) Premise Grow Medical Marijuana Infused $50.00 (2 hrs
at $251hr) Products Manufacturer Primary Caregiver No fee recommended City of Wheat Ridge Analysis for Fees Recommendation Medical Marijuana Businesses Com. Dev. e oS! $160.00 (4 hrs
at $401hr) $160.00 (4 hrs at $401hr) $160.00 (4 hrs at $40Ihr) I PoI 'I ce e oS! T otaI eo S! $100.00 (2.5 hrs at $401hr) $310.00 $100.00 (2.5 hrs at $401hr) $310.00 $100.00 (2.5 hrs
at $40Ihr) $310.00 Recommended Initial ApPIl'i cation Fe e $310.00 $310.00 $310.00 Application Fee if a Medical Marijuana e enter nfa $160.00 $200.00 Renewal F e. $20.00 $20.00 $20.00
Attachment 1 Renewal Update After Exp Date < 90 $520.00 $520.00 $520.00
FEE SCHEDULE City of Wheat Ridge Medical Marijuana Business and Primary Caregiver License Applications L'I ccnsc TI vpc Medical Marijuana Center Medical Marijuana Optional Premise Grow
Medical Marijuana lnfused Products Manufacturer Primary Caregi\'c:r nitial ADolication J. ee $310.00 $310.00 5310.00 Initio I Application Fec if if the Applicant has a City Issued Medicol
Mariiuana C enter License nla 5160.00 5200.00 No fee above the: City's business license :lppiicntion fee. Rcnewa IF'. e 520.00 520.00 520.00 Late Renewal F e. S520.00 5520.00 5520.00
I Attachment 2
~~l~ ... _ ~ City of p WheatRL-dge ITEM NO: DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: APPOINTMENT TO THE PLANNING COMMISSION o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS
QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1 ST READING (rnmJdd/yyyy) o ORDINANCES FOR 2ND READING (rnmJdd/yyyy) o YES City Manager There currently is a vacancy in District IV on the Planning
Commission. Council Members DeMott and Langworthy request that Tracy Guildner be appointed to the Planning Commission, term ending March 2,2014. PRIOR ACTION: FINANCIAL IMPACT: BACKGROUND:
RECOMMENDATIONS: RECOMMENDED MOTION: "I move to appoint Tracy Guildner to the Planning Commission, term to expire 3/02114. Or, V:\Forms\CAFtemplate
Council Action Form March 28, 2011 Page 2 "I move to _________ for the following reason(s) ________ " REPORT PREPARED BY; Janice Smothers, Admin. Assistant to the Mayor and City Council
Reviewed by: Michael Snow ATTACHMENTS: 1. Application
~ (J "'-.) ,$? ~ ... ~ City of .~ 9 ....... .. ~: -~ ;-.... . J ? Wheat Rt-dge ... :B: ~ r-;o '1 ~ ~ t-! ,) Board and Commission Application::; ~ ~;~ :'J W (; APPLICATION FOR APPOINTMENT
TO THE: . . w _~~~~~~~~..:.......;;...~~tT p~,(1~ DATE: DISTRICT: _ l V _____ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE:~I r -s ARE YOU A REGISTERED VOTER?_-fY:....-__ _ WHY
ARE YOU SEEKING THIS APPOINTMENT? :Bee Cb \ ) S e. \ 1\ A-res \ ecA ~b pC-,-c'" C) ~ \.) \, ecJr,dq-e DO YOU HAVE EXPERIENCE IN THIS AREA? _A~ .:..J...:D"",,-,, ___ HAVE YOU EVER SERVED,
OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES? 0 r~ _ ~~:....-_______
__ PRINT NAME '\ etA C< '-I () \ ~ 0. n ~ r ADDRESS (04)() u Y 1 \ n. ¥ l HOMEPHONE 7· 0)9 J -01 ~3 BUSINESS PHONE !3 -!Ida -3d '73 E-MAIL ADDRESS _______________ _ APPLICATION WILL
BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033
City of ~Wheat~dge ITEM NO: 11 DATE: March 28, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE CLOSURE OF WEST 45TH PLACE AND NEWLAND STREET FOR THE "RACE TO READ"
FUNDRAISING EVENT ON SATURDAY, APRIL 23, 2011 FROM 8 AM TO 2 PM D PUBLIC HEARING r8] BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: Director ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES
FOR 2ND READING DYES City Manager The Martensen Elementary Parent Teacher Association is organizing the Fund Raising Event for the school and is requesting to close 45th Place from Pierce
to Newland Street and Newland Street from 45th Place to 46th Avenue. PRIOR ACTION: N/A. FINANCIAL IMPACT: There will be no fmancial impact to the City since this is a private function.
BACKGROUND: The Martensen Elementary Parent Teacher Association is organizing a fund raising event with the intent to raise kids' interest in reading. This has been the annual event
called 'Race To Read Event." The PTA desires to expand the event by utilizing the streets adjacent adjacent to the school for additional staging area when the previous years event were
confined to the school lot. The Public Works Department worked with the applicant to develop a traffic control and detour plan to route traffic around the closed segments. In addition,
the applicant has obtained a general liability policy with the City named as an additional insured as part of the permit requirements.
Council Action Form March 28, 2011 Page 2 As part of the Closure request approval, the applicant will be required to send notification to the affected residents directly adjacent the
closed street segments in advance of the event. The aforementioned streets will be closed to traffic on Saturday, April 23, 2011 from 8 am to 2 pm for the event. RECOMMENDATIONS: Staff
has reviewed and approved all necessary documents for the closure request and hereby recommend approval of the closure of 45th Place and Newland Street for the specified date and time.
RECOMMENDED MOTION: "I move to approve the closure of West 45th Place and Newland Street for the "Race To Read" fundraising event on Saturday, April 23, 2011 from 8 am to 2 pm. Or, "I
move to deny to approval of West 45th Place and Newland Street closure for the "Race To Read" fundraising event on the specified date and time. REPORT PREP AREDIREVIEWED BY: Steve Nguyen,
Engineering Manager Tim Paranto, Director of Public Works ATTACHMENTS: 1. Traffic Control Plan 2. 2. Insurance Certificate
i TR(\FFIC CONTROL PLAN FOR: GOOD PLUMBI1'\G i\ TTN ; BRENDA PO#GO{)DPbU1048INGCAR~lIOW f\la, kl"SQ f' I 250' ~ I 250' 250' 250' C 4IIntAI1.t.:=:J ~ ~ ~ I I I I I I 250' .~ ~ ~I ""(A:~rOuo
........ ~ ~ ---li §~G L~l....) -----" !l ij 250' 750' 250' ~ ~ I I c... 45ttt-;;vr, ) -I IL-----.].L .-!--r= -_-_.'= --=~-.!.--~ 1 ~ _ _ I IJ
MEMBER CERTIFICATE OF INSURANCE 3/28/11 Thank you for purchasing your insurance from AIM . This is your Member Certificate and should be kept with your permanent records. NAMED INSURED
MEMBER: Martensen PTA Attn: Danielle Finke 6625 W. 45th Place Wheat Ridge, CO 80033 Company /Coverage Policy # Homeland Ins Co of New York 1 BW16046 Commercial General Liability Homeland
Ins Co of New York 1 BW16046 Medical (Accident Medical) Homeland Ins Co of New York 1 BV12673 Comm'l Crime & Fidelity (Bond) Homeland Ins Co of New York 1 BX12454 Non-profit Prof Liability
(Officers Liability)' Retro-active Effective Date: Certificate Holder: Effective Dates Deductible 11/1/10-11/1/11 NONE 11/1/10 -1111/11 NONE 11/1/10 -1111/11 $ 250 1111110 -11/1/11 $
1,500 11/1/08 Insured #: C01529380 Named Insured & Mailing Address Education Support Purchasing Group c/o AIM P.O. Box 742946 Dallas TX, 75374-2946 Limits of Insurance Each Occurrence
General Aggregate Products -COMPIOPS Aggregate Personal & Advertising Injury Fire Damage (anyone fire) Any One Person Aggregate Each Occurrence Aggregate 'Annual Aggregate applies to
all member certificate holders combined. PRODUCER NAME Elgin B Allen PO Box 742946 Dallas TX, 75374-2946 $1,000,000 $2,000,000 $2,000,000 $1,000,000 $50,000 $5,000 $5,000 $10,000 $1
,000,000 $20,000,000 This member certificate, together with the common policy conditions, coverage part(s), coverage form(s), and endorsements, if any, complete the above numbered policy.
Copies of the Master Policies are available upon request or may be printed at www.aim-companies.com AUTHORIZED REPRESENTATIVE