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Home My WebLink AboutCouncil Packet 04/11/2011 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 11, 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 28, 2011 PROCLAMATIONS AND CEREMONIES Proclamation for National Crime Victims' Rights Week 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 .1. Council Bill 12-2011 -amending Section 614 of Chapter 26 concerning Residential Dumpster Regulations. 2. 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. CITY COUNCIL AGENDA: April 11 , 2011 ORDINANCES ON FIRST READING Page -2-3. Council Bill 14-2011 -adopting a new code Section 1-11 concerning Council District Boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO March 28. 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, Tracy Langworthy, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director, Heather Geyer; Police Commander, Joe Cassa; Community -= Development Director, Kenneth Johnstone; Economic Development Manager, Steve Art; Planner, Sarah ~howalter; staff and interested citizens. APPROVAL OF MINUTES OF March 14. 2011 Motion by Mrs. Sang for approval of the Minutes of March 14,2011; seconded by Mr. Stites; carried 6-0-2 with Council Members Langworthy and Sang abstaining due to their absence. Proclamations Proclamation declaring April 2011 as Child Abuse Prevention Month was read by Mrs. Wheat Ridge Karen Thaler. Commander Cassa gave recognition to the efforts of the Wheat Ridge Police Department Officers and Detectives who work on child abuse cases with assistance of the following agencies: Jefferson County Division of Human Services, First Judicial District Attorney's Office, Ralston House, Victim Outreach Information, Jeffco Schools, Jefferson County Mental Health, and all other health care providers throughout the Metro area. The Wheat Ridge Police Command Staff is particularly proud of the work of their specially trained detectives, these are: Detective Mark Siavsky, Detective Cheri Ells, Detective Brad With, and Detective Solomon Kirkpatrick. CITIZENS' RIGHT TO SPEAK Karen Thaler thanked the Animal Commission for the chance to share her experience in working with feral cats. Kim Calomino discussed activities and events that Wheat Ridge 2020 has coming up soon and hopes citizens will attend. April 20, 2011 is a free Energy Efficiency Workshop to help identify how to improve the comfort and energy efficiency of their homes and on April 14, 2011 from 7:00 pm until 9:00 pm there is a Live Local Social Gathering at Red City Council Minutes 3/28/2011 Page 2 Tango Restaurant. Mrs. Calomino reminded citizens of Wheat Ridge and the Council that a landscaping manual is available for free download from the Wheat Ridge 2020 website (www.wheatridge2020.org). Wheat Ridge 2020 is partnering with LiveWell Wheat Ridge and the Wheat Ridge Cultural Commission to host a garden tour this summer and those organizations are looking for residents that would like to enter their gardens for the tour. Last, Mrs. Calomino stated that a mid-century home tour is being planned to highlight some of the unique architecture here in the City. Anyone interested in having their home included in this tour should contact Wheat Ridge 2020. Melissa Kraai is owner of Go Green Recycling at 4930 Iris Street which offers single stream recycling pick up services for small business and people in their homes. There is a free drop off site in the City of Wheat Ridge at their warehouse at 49th Avenue and Iris Street. Their mission is to create work for people who have developmental disabilities and currently employ over 40 individual with disabilities. Ms. Kraai thanked Mayor DiTullio, City Manager Goff, and Economic Development Manager Steve Art for assistance in applying for a grant to purchase equipment that will help their business grow, create more work for those with disabilities and expand the services that they offer. Ms. Kraai encouraged citizens of Wheat Ridge and surrounding communities to use their free drop-off. John Marriott, chair of Wheat Ridge Business District, encouraged City Council to appoint Janeece Hoppe to a directors position of the Wheat Ridge Business District. Charles Wharton, from Nature's Prescription store, commended Council on their recent adoption of the Medical Marijuana Ordinance. APPROVAL OF THE AGENDA By unanimous consent, Council agreed to add Item 10, an appointment to the Wheat Ridge Planning Commission and Item 11, approval of a street closure for the Martensen Elementary "Race to Read" event on April 23, 2011. ORDINANCES ON SECOND READING Item 1. Council Bill 07-2011 -amending Chapter 26 and adopting the Streetscape Design Manual. Mayor DiTullio opened the public hearing. Council Bill 07-2011 was introduced on second reading by Mr. Reinhart. City Clerk Michael Snow assigned Ordinance No. 1481. Ms. Showalter provided the Staff Report (presentation amended to this packet). Ted Heyd, a Planning Consultant for LiveWell Wheat Ridge, thanked Ms. Showalter and Mr. Johnstone for allowing LiveWell Wheat Ridge to provide input to the Design City Council Minutes 3/28/2011 Page 3 Manual. Mr. Heyd recommended adoption of the manual as it is well thought out and informative. The manual also provides guidance to impact the economic design of streets as it guides the City to develop more livable streets and supports active living designs. Mayor DiTullio closed the public hearing. Motion by Mr. Reinhart to approve Council Bill 07-2011 (Ordinance 1481) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. Item 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. -Mayor DiTullio opened the public hearing. Council Bill 11-2011 was introduced on second reading by Mrs. Jay. City Clerk Michael Snow assigned Ordinance No. 1482. No citizens were present to speak. Motion by Mrs. Jay to continue the hearing on Council Bill No. 11-2011 until April 25, 2011 at 7:00 p.m. in the City Council Chambers, seconded by Mrs. Sang; carried 8-0. ORDINANCES ON FIRST READING Item 3. Council Bill 12-2011 -amending Section 614 of Chapter 26 concerning residential dumpster regulations. Council Bill 12-2011 was introduced and read by Council Member Sang. Motion by Mrs. Sang to approve Council Bill No. 12-2011 on first reading, order it published, public hearing set for Monday, April 11 ,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 8-0. Item 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. Council Bill 13-2011 was introduced and read by CounCil Member Stites. Motion by Mr. Stites to approve Council Bill No. 13-2011 on first reading, order it published, public hearing set for Monday, April 11 , 2011 at 7:00 p.m. in the City Council City Council Minutes 3/28/2011 Page 4 Chambers, and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 8-0. DECISIONS. RESOLUTIONS AND MOTIONS Item 5. Motion to award ITB-11-04, 2011 Slurry Seal, to Foothills Paving in the contract amount of $215,411 .25. Motion by Mrs. Langworthy to award ITB-11-04, 2011 Slurry Seal Project base bid and bid alternate #1 to Foothills Paving, Golden, CO in the amount of $215,411.25 with a contingency amount of $21,541 for the costs of other items related to the project; I further move that the Director of Public Works be authorized to issue change oIders up to a total contract 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; Seconded by Mr. Stites; carried 8-0. Item 6. Motion to appoint Janeece Hoppe as a City Director to the Wheat Ridge Business District Board of Directors. Motion by Mrs. Jay to appoint Janeece Hoppe as a City Director to the Wheat Ridge Business District Board of Directors, term to expire March, 2014; seconded by Mr. DeMott and Reinhart; carried 8-0. Item 7. Motion to appoint Members to the Building Code Advisory Board. Motion by Mr. Reinhart to appoint Ralph Santangelo to the Building Code Advisory Board as an at-large member, term ending 3/2/2014; seconded by Mrs. Adams; carried 8-0. Item 8. Motion to approve payment to AMEC Earth & Environmental, Inc. in the amount of $113,982 for Energy Assurance Planning. Motion by Mrs. Langworthy to approve payment to AMEC Earth & Environmental, Inc. in the amount of $113,982 for Energy Assurance Planning; seconded by Mrs. Sang; carried 8-0. City Council Minutes 3/28/2011 Page 5 Item 9. Motion to set fees for Medical Marijuana Businesses and Primary CareGiver license applications. Motion by Mr. DeMott to set 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 , 2011; I further move to set the initial application fee for the three medical marijuana license types at $1000 and the renewal fees for each of the three licenses at $1000; Seconded by Mrs. Sang; carried 8-0. Item 10. Appointment to the Planning Commission for District IV. Motion by Mr. DeMott to appoint Tracy Guildner to the Planning Commission, term to expire 3/02/14; seconded by Mrs. Langworthy; carried 8-0. Item 11. Motion to approve the closure of West 45th Place from Pierce Street to Newland Street and Newland Street from West 45th Ave to West 46th Ave. for the "Race to Read" fundraising event on Saturday, April 23, 2011 2011 from 8:00 a.m. until 2:00 p.m. Motion by Mrs. Jay to approve the closure of West 45th Place from Pierce Street to Newland Street and Newland Street from West 45th Ave to West 46th Ave. for the "Race to Read" fundraising event on Saturday, April 23, 2011 from 8:00 a.m. until 2:00 p.m.; seconded by Mrs. Sang; carried 8-0. ELECTED OFFICIALS' MATTERS Mrs. Adams and Mrs. Jay encouraged citizens to take advantage of the Large Item Pickup Spring clean-up program. This program is set to begin in May and is first come, first serve with a maximum of 500 items picked up. Beginning Monday, April 4th , 2011 citizens can make their requests for a pick up of one item. A list of allowed and not allowed items is available on the City's website. Mrs. Adams also discussed a new program for Wheat Ridge businesses called "Shop Wheat Ridge." This is a program that offers local businesses a chance to promote their business at no costs through the City of Wheat Ridge website. The City website provides links to local businesses that directs citizens to a web page designed by the business owner. Mr. DeMott announced that the Wheat Ridge Housing Authority received a block grant three months ago. The Housing Authority is closing on seven houses soon, all of which were formerly rentals and will be converted to owner-occupied homes. City Council Minutes 3/28/2011 Page 6 Mr. Stites is happy to announce that on 38th Avenue there is a new Peruvian Restaurant preparing to open as they are in the process of completing improvements to the building and a Shoe Store is opening soon on 38th Avenue as well. If you need any help moving your business the City has a new Economic Development Manager to assist you. Mrs. Langworthy extended congratulations to Exempla Lutheran Hospital for receiving the Genesis Award through Jefferson Economic Council Industry recognition. Mayor DiTullio reiterated what Mr. DeMott stated about the work being done by the Housing Authority. The Authority is moving away from single family homes and buying more multi-family for senior housing. Mayor DiTullio and Mr. DeMott met with the Housing Authority and helped secure the seven properties with the funds acquired through the CDBG funds. Mayor DiTullio also read a letter from Cynthia Stevensen, Jefferson County School Superintendant, recognizing Council's resolution opposing the closure of Martensen Elementary School. Mayor DiTullio read another letter from a citizen who lives on 35th Avenue near Discovery Park at 38th Avenue and Kipling Boulevard commending the City for not only the completion of the park but also for such a wonderful job on the design and build of the park. drat 7:55p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON April 11, 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. ..... ~ ~• 4'~ City of. ? WheatRL,dge ITEM NO: I . DATE: April 11, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2011 AN ORDINANCE AMENDING SECTION 614 OF CHAPTER 26 CONCERNING RESIDENTIAL DUMPSTER REGULATIONS ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING (03/2812011) ~ ORDINANCES FOR 2ND READING (04/1112011) 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 twofamily 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. PRIOR ACTION: Trash dumpster regulations were most recently amended in 2009 following a series of Study Sessions with City Council 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 recommend approval of the proposed ordinance, with one amendment that is reflected in the attached ordinance and is discussed later in this report. ZOA-\\-O 11 Residential Dumpsters Council Action Form April 11, 2011 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. In 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. In 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 2010 in 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. Image 1: Front Load Dumpster (left) and Open Top Roll-off Dumpster (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 April 11 , 2011 Page 3 Tablc I: Dumpstcr Anlilability in thc DcnvCI" Mctr·o AI'ca Company Namc Smallcst Front Load Smallcst Roll-off On City (in cubic yards) (in cubic yards) Wcbsitc EDS Waste Solutions Inc. 1.5 * 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 1.5 yard dumpsters but more commonly provides 2 yard dumpsters. The information in Table 1 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. Image 2: Common Sizcs for Front-Load Dumpster 2 CUBIC YD 4 CUBIC YD -f 43" 34" i-' ' 72" ~ -72" --., Dimensions are from Waste Management of Colorado and are consistent with those presented in 2009. Council Action Form April 11, 2011 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 1 i h 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. 12-2011, an ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 12-2011, the ordinance amending Section 614 of Chapter 26 concerning residential dumpster regulations for the following reason( s) " REPORT PREP ARED/REVIEWED BY: Lauren Mikulak, Planner 1 Meredith Reckert, Senior Planner Ken Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 12-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG 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 (1.5) 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 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, 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 8 to 0 on this 28th day of March, 2011, ordered it published with Public Hearing and consideration of final passage set for April 11th, 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. ATTEST: Michael Snow, City Clerk First Publication: March 31 , 2011 Second Publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney ~ ... ~ .... J ., City of • ? WheatRl,dge ITEM NO: 2 DATE: April 11 , 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 ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (03/28/2011) ~ ORDINANCES FOR 2ND READING (0411112011) QUASI-JUDICIAL: D YES L{~i2 City Attorney ISSUE: 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 1461 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 perfonn electrical work in their residences. FINANCIAL IMPACT: No financial impact is anticipated. BACKGROUND: The City of Wheat Ridge Ridge issues five classes of contractor licenses. One of the classes is home owner building contractors. These types of contractors are authorized to perfonn certain construction, alterations and additions within their residences that include plumbing and Council Action F onn April 11, 2011 Page 2 mechanical alterations. Currently, home owner building contractor licensees are prohibited from perfonning 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 perfonn in their residences. Following that discussion, Council asked staff to prepare an ordinance authorizing home owner building contractors to perfonn electrical work. The attached ordinance accomplishes that request. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: "1 move to approve Council Bill No. 13-2011, an ordinance amending Section 5-117(a)(5) of the Code of Laws ofthe City of Wheat Ridge allowing home owner building contractor licensees to perfonn electrical work, on second reading, and that it take effect 15 days after publication." Or, "I move to table indefinitely Council Bill No. 13-2011, an ordinance 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 perfonn electrical work for the following reason(s) _______ " REPORT PREPARED BY: John Schumacher, Chief Building Official Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No.13-2011 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 13 ORDINANCE NO. ___ _ Series of 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 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 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 days after final publication, as provided by by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on the 28th day of March, 2011, ordered published in full in a newspaper of general Attachment 1 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. ATIEST: Michael Snow, City Clerk First Publication: March 31, 2011 Second Publication: Wheat Ridge Transcript: Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney ~~.I~ .... A ~ City of ?Wheat~dge ITEMNO:~ DATE: April 11 , 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2011 -AN ORDINANCE ADOPTING A NEW CODE SECTION 1-11 CONCERNING COUNCIL DISTRICT BOUNDARIES, AND IN CONNECTION THEREWITH, APPROVING AN AMENDED COUNCIL DISTRICT MAP PURSUANT TO CHARTER SECTION 4.2 D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: ~ ORDINANCES FOR 1 ST READING (04111/2011) D ORDINANCES FOR 2ND READING (04/2512011) DYES ~ NO City Manager Section 4.2 of the City Charter of the City of Wheat Ridge mandates that redistricting changes must be made by the City Council no less than six months prior to the general municipal election every four years following the election of 1979 in order to maintain compliance with its Council District apportionment requirements. The deadline for redistricting in this four-year interval is May 1,2011. U.S. Supreme Court case decisions have set a threshold of no greater than 10% deviation between municipal districts to meet the constitutional standards of "approximate equality in size". The current 2010 U. S. Census figures indicate a deviation greater than 10% does exist between the smallest population in District 2 and the greatest population in District 4 of the City of Wheat Ridge. To remain compliant with constitutional and charter apportionment standards for Council districts, current boundaries require revision by May 1, 2011 . A Redistricting Plan, included in this packet, provides details of the methods and considerations used to reach a recommended redistricting action. Council Action Fonn April 11, 2011 Page 2 PRIOR ACTION: The City Council reviewed the current district population figures and redistricting options at the Study Sessions of March 21 st and March 28th, 2011. FINANCIAL IMPACT: None BACKGROUND: The City is presently divided into four Council districts, each district represented by two Council members. These four districts have remained the same since 1978, the last date the COl¥lcil district map was altered. Since that date, the City has seen shifts in population density, new development and redevelopment. Also, significant additional real property has been added to the City by annexation. RECOMMENDATIONS: Staff recommends approval of the Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2011, an Ordinance adopting a new Code Section 1-11 concerning Council district boundaries, and in connection therewith, approving an amended Council District Map pursuant to Charter Section 4.2., on first reading, order it published, Public Hearing set for for April 25th, 2011 at 7:00 p.m. in City Council Chambers and that the Ordinance take effect immediately upon approval." Or, "I move to approve Council Bill No. 14-2011, with the following changes: " REPORT PREP AREDIREVIEWED BY: Michael Snow, City Clerk ATTACHMENTS: 1. Council Bill No. 14-2011, including Exhibit A: 2011 Council District Map 2. 2011 Redistricting Plan 3. Current 2010 Census District Population Map CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 14 Ordinance No. -----Series of 2011 TITLE: AN ORDINANCE ADOPTING A NEW CODE SECTION 1-11 CONCERNING COUNCIL DISTRICT BOUNDARIES, AND IN CONNECTION THEREWITH, APPROVING AN AMENDED COUNCIL DISTRICT MAP PURSUANT TO CHARTER SECTION 4.2 WHEREAS, as a home rule city, the City of Wheat Ridge governs the election of its City Council as an exclusively local matter under Article XX of the Colorado Constitution; and WHEREAS, for purposes of representation on the City Council, the City is presently divided into four (4) Council districts, each district represented by two (2) Council members; and WHEREAS, the four Council districts are also used as the basis for appointment of board and commission members; and WHEREAS, the City Council is charged with the authority and responsibility pursuant to Section 4.2 of the Home Rule Charter, to establish and amend, from time to time, the boundaries of Council districts in order to ensure that the districts are contiguous, compact, and approximately equal in population, such that each reapportionment shall be complete six (6) months prior to the next ensuing general municipal election; and WHEREAS, the present boundaries of the four Council districts have not been altered since 1978; and WHEREAS, since that date, significant additional real property has been added to the City by annexation; and WHEREAS, new development, shifts in development, and redevelopment throughout the City has resulted in shifts in population density among the present Council districts, such as to render them less equal in population and less compact in area; and WHEREAS, the City Council has caused to be prepared a study documenting the present population of the City within the present four Council districts; and WHEREAS, using the population data study and GIS data mapping techniques, the City Council has caused to be prepared a new Council district map, which adjusts Attachment 1 the boundaries of the four Council districts to account for additions in property to the City and shifts in population density since 1978; and WHEREAS, the City Council wishes to adopt a new district map for Council districts within the City pursuant to Charter Section 4.2, and to make conforming changes to the Wheat Ridge Code of Laws to implement the same. NOW THEREFORE, BE IT ORDAINED the City Council of the City of Wheat Ridge, Colorado as follows: Section 1. Chapter 1 of the Wheat Ridge Code of Laws is amended by the adoption of a new section 1-11, entitled "Council District Map," to read as follows: Sec. 1-11. Council district map. (a) Pursuant to Section 4.2 of the Charter, the council shall adopt and regularly amend a map dividing the city into four (4) districts for the purpose of election of council members, such districts to be contiguous, compact and approximately equal in population. The map shall be adopted by the council by ordinance and a true and correct copy thereof maintained in the office of the city clerk. (b) Simultaneously (except as prohibited by Section 4.2) with the annexation of real property by the city, the city council shall by ordinance amend the council district map to incorporate the annexed area into one or more council districts, and to make such other adjustments to the council district map as required to comply with Section 4.2 of the Charter. (c) Any board or commission member in office and representing a council district at the time of an amendment to the council district map, the effect of which places such member in a different council district than that from which the member was originally appointed, shall nevertheless remain a legally appointed member until his or her then-current term of office expires. Section 2. Council district map adopted. Pursuant to the authority vested in it by Charter Section 4.2, the city council hereby adopts the map attached hereto as Exhibit A and fully incorporated herein, entitled: "2011 Council District Map," as the official map of the the four (4) council districts within the City, and directs that a copy of the same be kept on permanent file with the office of the city clerk. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall 2 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption, 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 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 , 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 to , this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011 . ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor 3 Exhibit A 2011 Council District Map [Attached] 4 lJ 3" in !=!-o w ;;;; :::: '~" o __ ~I ~ );, J l '-=========----1 Dr ~~'> DDDD~[]i Li · -,.,,:~ i ~ • 0009" ~ ~ ~ ~ ~ ~ ~ ~ ~ .. ;;: ~ ~ ~ Co !_ 00"'." I 1:-:; 1m~C-~D <'al.. •~... j ~ :__r< " ;" ;"; I~II ,(~J) 1,• 1 01a.~0'" ~ r.o <Oee N'< ,... n 8 8 .CD S!:s:: "'n '" ~ 0 ():'-o' \ \1 ,< o~~ ~ ei g, gpg!!!. n IT 81B ~ ~~ & ~ ~ ~. 8~ -Q< ~ () ~,.. ~ I\) 0 ~ ~ 0 0 I ) I ~ I l.'l J c:: I ~ ij \-!':UN: ~; 1 CD __ a. »-"'C ~c '" --~tn ~ ...... ~., n--gl1~ ...... 8 ~ ~ s: m , I ~ \ I "'"" w N Z 0 ~ m w (Xl --i :r Q) WADSWORTH BLVD m~ ---C i'" 1 I PIERCE ST o Ol o 'o" o {; ~Z o o -'" <J1 "Tl 0 '" 0 !!l 1700000 It-<'6'), .y~ ~ SOURCE: FY2011,0025/CCDISTBNDRY It-<'.9), .y~ ~ .B.L. -VD.. -.~ .. -.. -.~ .. -.. -'" It-It-~ It-<l ~ :5'), <9,>, "'0 .y~ .y~ "7~ ~ ~ \ IIII °1 -PARFET % -OWEN: J -< ) ( I111111 \ 1 )./' -n ,r ~ , .. " "" ~uvvu \ -JOHNSON 900 ,e" , ~~.. OM ~i "" \ \\1\ ALLISON ST "--"i I ~ m --'" \'l g HARLAN ST '" , ~ ~\\\\ "-"'-~ It-It-It-It-,s v)' ~), 9'6'), ~1--0 0')-.y~ .y~ "7t.-~ t.-~ ~ "7~ m :><r -. .C_.". J> ~ .... , _ ~ City of. Pa::~~~I~~]~~dge Background 2011 REDISTRICTING PLAN City of Wheat Ridge April, 2011 1. Section 4.2 of the City Charter ofthe City of Wheat Ridge mandates that redistricting changes must be made by the City Council no less than six (6) months prior to the general municipal election every four years following the election of 1979 in order to maintain compliance with its Council District apportionment requirements. The deadline for redistricting in this four-year interval is May 1, 2011. 2. District boundaries have remained unchanged in the City of Wheat Ridge since the initial redistricting completed upon the City'S establishment of the Home Rule Charter in 1978. 3. Council Districts must be "contiguous and compact". The City Charter requires that municipal districts in the City of Wheat Ridge be "contiguous and compact". 4. Council Districts must be "approximately equal in population". Local election districts shall adhere to the concept of "one person, one vote" as prescribed in the Equal Protection Clause of the U.S. Constitution. Thus, districts specified by local power must insure that those qualified to vote have the right to an equally effective voice in the election process. As such, the Council Districts in the City of Wheat Ridge are apportioned by total population determined by U.S. Census, rather than by registered voting population. 5. The criteria for district population reapportionment is based on a U.S. Supreme Court ruling in the matter of White v. Regester, 412 US 755 (1973) specifying that the maximum population deviation between districts cannot be greater than 10%. This figure is calculated by dividing the difference in populations of the district with the fewest number of people and the district with the greatest number of people by the population of the district with the greatest number of people. This figure must not in any case be greater than.l or 10%. Alternately, a ratio of the population of the smallest district to that of the largest district must not be less than .9 or 90%. 6. The 2010 U.S. Census population figures indicate significant population changes since the creation of the Council Districts in 1978 have resulted in population deviations that do not comply with constitutional apportionment standards. The following table shows the current population in each district according to the recent 2010 Census figures. Also shown is the difference in population in each district from the mean district size (7,529) and the percent of difference of each from that mean. Attachment 2 Dist 1 Dist2 Dist3 Dist4 Total Proposed Pop. 7607 6980 7627 7902 30116 Difference from Mean 78 -549 98 373 Percent from Mean 1.0% -7.3% 1.3% 5.0% The Total Deviation in population size from the city's smallest to largest district is currentl y 11. 7%. 7. The City of Wheat Ridge has completed numerous recent annexations of land into City boundaries. These areas have not been incorporated into existing district boundaries, however, and should be done so formally upon a City Council redistricting action. Considerations 8. Census Block population data has been used to compute the current populations and to advise recommendations for changes. Where City or District boundaries do not coincide with Census Block boundaries, a combination of proportional area and of developed residential densities were used to estimate the total population in each segmented area. 9. In order to make new District boundaries contiguous and compact, major streets, rivers, physical boundaries, and distinct neighborhood borders were used used whenever possible for new district boundaries. It is also desirable to keep district boundaries consistent with natural or man-made geographical boundaries. For instance, opposite sides of a residential street in different districts is confusing to residents of the area and is therefore avoided in drawing district boundaries. 10. A redistricting plan that causes impact to the fewest number of residents as possible is desirable. This proposed redistricting affects only 1 % ofthe total population of the City of Wheat Ridge. The ideal goal in district apportionment is to achieve equal populations in each. This is not realistic, however, as it would be necessary to draw boundary lines that are confusing for residents and city officials. It is beneficial, then to move blocks of populations that are bound by common streets, neighborhoods or physical boundaries. This may limit how closely equal populations may be achieved but benefits the community by having well-understood boundary lines. 11. In any redistricting, there is the potential of negatively affecting City Councilor Board and Commission members who are seated to represent their current district. The proposed redistricting does not affect any current City Council Members. However, there is one current Board and Commission member who currently resides in the area proposed for changes: The proposed Ordinance makes accommodations that would permit existing Board & Commission members to fulfill their current terms representing their original district. After completion of their term, they would only be eligible to represent their new district. 12. There are currently no guidelines in the City Code or Home Rule Charter to address the necessary redistricting changes needed upon annexation of new territory into the City. The proposed Ordinance addresses this through the addition of language requiring that District maps be amended simultaneously upon annexation to formally include them in these election boundaries. Recommendations I. District 4 currently has 5.0% greater than average population, while District 2 has-7.3% fewer. It is recommended to move an appropriate amount of District 4 population into District 2 to achieve the smallest deviation from smallest to largest city district while maintaining the clearest boundaries with respect to physical boundaries and neighborhood borders. II. The proposed redistricting plan would achieve a 4.5% city-wide deviation while keeping no single District with a population greater than 3.3% difference from the mean. The following table displays the resulting District population figures from this proposed change: Dist 1 Dist2 Dist3 Dist4 Total Proposed Pop. 7607 7283 7627 7599 30116 Difference from Mean 78 -246 98 70 Percent from Mean 1.0% -3.3% 1.3% 0.9% Total Deviation 4.5% III. A communication plan is recommended to notify residents of the effected area of the City where district boundaries are being moved. The City Clerk will deliver a letter of notification to these residents explaining the proposed boundary changes and will include existing and proposed district maps. In addition, the proposed Ordinance will be published per the customary standards for public notice. Report prepared by: Michael Snow, City Clerk City of Wheat Ridge l-I/) <{ Iz I/) ~ w 0 (!) ~ 0 ~ g w I ...... ill§ '~,,""'_" _ 'I_I i i ! i ,------------" i' -II-'''l Legend [::J City Limits o Census Block D 1-7,607 D 11-6,980 D 111-7,627 D IV-7,902 -= HAVE _ .. \_4~" City of • ·~eat&9ge ~FFlCE"O; .;{; Crrr CLERK Prepared by Michael Snow, City Clerk 7500 West 29th Avenue \\Ilea! Ridge, CO 80033-8001 303.234.5900 52NDAVE Clear creel<. 1438 '~---.., ~ lI/) GRANDVIEW AVE 596 26TH AVE City of Wheat Ridge Current 2010 Census District Population lI/) <>: ~ 52ND AV ~ z o I/) j <{ /55THAVE C::. S'U'~o 5 '1J., ~ () <§.H 1447 Population By: Census Block Population Proportional Populations lI/) ...J <i. r I/) <>: ~ Attachment 3 RALSTON RD 56TH AVE 59 !ii 825 t~1 833 ~ ~ .tiQ1 0 ~ III 1§flQ Z JQi§. J <{ 0 ~ w r I/) 1112 N A 750 1,500 3,000 4,500 F~t Printed: 03/2112010 ~ "8 ~'"I Nt ~ ~