HomeMy WebLinkAboutCouncil Packet 05/24/2010CITY COUNCIL AGENDA: May 24,2010 Page -2-
APPROVAL OF AGENDA
1. CONSENT AGENDA
A. Motion to approve the Annual Renewal for the Shoretel Telecommunications System
in the amount of $15,941.90 to OCX.
B. Resolution 23-2010 -approving the first amendment to an Intergovernmental
Agreement concerning an Auto Theft Task Force among Wheat Ridge, Arvada,
Lakewood, Denver, the Jefferson County Sheriff's Office, and the District Attorney
for the First Judicial District of Colorado.
C. Motion to approve Water and Sanitation Tap Fees for the 38 th and Kipling Park
Development to Denver Water, Consolidated Mutual Water Company and Westridge
Sanitation District in a combined total amount of $273,940.
D. Motion to approve an amendment to the City of Wheat Ridge RFP-06-54 Bus Stop
Shelter Construction and Maintenance Agreement.
ORDINANCES ON FIRST READING
2. Council Bill 08-2010 -An Ordinance amending the Wheat Ridge Code of Laws Article
VII of Chapter 26 concerning Off-Premise Identification Signs, Community
EvenUSponsorship Banners, and Signs in the public right-of-way.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY COUNCIL MINUTES : May 10 , 2010 Page -2 -
CITIZENS' RIGHT TO SPEAK
John Marriott, Chair Person of the Wheat Ridge Business District , encouraged Council
Members or the Mayor in standing with Council Member Jay to direct staff to put together the
"connecting the dots " summit. He gave an update on the Business District's activities . He
offered to give a presentation during a Study Session to show Council why some additional
funding is needed.
Nancy Snow urged Council to use the services of City Commissions . The Parks Commission
should have been involved in the meetings regarding the bicycle and pedestrian plan and the
possible purchase of 3 new parcels for parkland.
Louise Turner is concerned that the City is considering purchasing property along Lena Gulch
with the intent of eventually constructing a trail along its south side . This trail was removed
from the Bikes and Trail Master Plan in recent years due to lack of interest and strong
community objection against such a trail. Lena Gulch should be deemed inappropriate for trail
use .
Karen Thaler announced that she will be competing for Mrs . Colorado at the Ellie Caulkins
Opera House on May 15 at 6 :30pm .
1 . CONSENT AGENDA
A. Motion to approve renewal and encumber funds for 2010 Activities Guide printing
services to Publication Printers in the amount of $39 ,384.
I
B. Contract Award to Complete Climate Control in the amount of $19 ,217 for the
installation of the mechanical system for the Baugh House .
C . Motion to approve the annual renewal for the MobileCop Computer System in the
amount of $24,174 to Interact Public Safety Systems .
Consent Agenda was introduced and read by Council Member Langworthy .
Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mr. Stites
ca rried 8-0 .
CITY COUNCIL MINUTES : May 10 , 2010 Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2 . Council Bill 04-2010 -An Ordinance repealing and reenacting certai n sections of
Chapter 5 of the Code of Laws of the City of Wheat Ridge concerning the Building
Code , the Mechanical Code , the Plumbing Code , the Property Maintenance Code, the
Energy Conservation Code , the Residential Code , the Fire Code , the Fuel Gas Code
and penalties for violation of the same.
Mayor DiTullio opened the public hearing .
Council Bill 04-2010 was introduced on second reading by Council Member Stites. City Clerk
Michael Snow assigned Ordinance No . 1460.
Mr. Schumacher presented the staff report .
Kim Calomino spoke of the many purposes for maintaining building codes, protecting property
owners ; after three task forces studying the building codes being adopted : current does not
contain advance review of ferice or shed construction to avert potential problems with fences
or sheds before they are constructed; encouraged Council to require a planning permit for
these types of structures . She also encouraged Council not to adopt the lesser restroom
building standards proposed in this ordinance . She also does not believe the permit fees
should be so low that the department has to use general funds to pay for its services .
John Marriott, was also a member of one of the task forces that looked at the City's Building
Code. He encouraged Council to pass this ordinance as proposed. He believes this
ordinance has been well-considered . More restrictive requirements may be a hindrance to
business investments and building improvements to these older commercial buildings . With
respect to permit fees , he believes lower fees encourage more people to get permits , and
therefore more home improvements are likely to be constructed properly.
Mayor DiTullio closed the public hearing .
Motion by Mr. Stites to approve Council Bill 04-2010 (Ordinance 1460) on second reading and
that it be effective August 1, 2010, with the following condition:
On Page 36, Section 6(a) of the Bill , the first sentence read as follows: The International Fire
Code , 2006 Edition, is hereby adopted by reference and incorporated into this article as though
fully set forth herein as the fire code of the City of Wheat Ridge."
Seconded by Mr. Reinhart ; carried 8-0 .
CITY COUNCIL MINUTES : May 10 , 2010 Page -4-
3 . Council Bill 05-2010 -An Ordinance amending certain sections of Chapters 5 and 21 of
the Code of Laws of the City of Wheat Ridge concerning the licensing of contractors .
Mayor DiTullio opened the public hearing.
Council Bill 05-2010 was introduced on second reading by Council Member Reinhart . City
Clerk Michael Snow assigned Ordinance No. 1461 .
Mr. Schumacher presented the staff report .
No citizens were present to speak.
Mayor DiTullio closed the public hearing.
Motion by Mr. Reinhart to approve Council Bill 05-2010 (Ordinance 1461) on second reading
and that it be effective August 1, 2010 ; seconded by Mrs. Sang; carried 8-0.
4 . Council Bill 07-2010 -An Ordinance approving the sale of designated Park Land near
the intersection of West 38 th Avenue and Kipling Street , and , in connection therewith ,
approving an agreement.
Mayor DiTullio opened the public hearing.
Council Bill 07-2010 was introduced on second reading by Council Member Stites . City Clerk
Michael Snow assigned Ordinance No. 1462.
No staff report was provided .
No citizens were present to speak .
Mayor DiTullio closed the public hearing .
Motion by Mr. Stites to approve Council Bill 07-2010 (Ordinance 1462) on second reading and
that it take effect 15 days after final publication; seconded by Mrs. Adams; carried 8-0.
CITY COUNCIL MINUTES : May 10, 2010 Page -5-
5 . Resolution 15-2010 -approving a Special Use Permit to allow a Major Auto Repair
Facility in a Commercial-One (C-1) Zone District on property located at 4395 Xenon
Street.
Mayor DiTullio opened the public hearing.
Resolution 15-2010 was introduced by Council Member DeMott.
Mayor DiTullio called for a break at 8:10pm ; to resume at 8:16pm .
Mr. Tietz presented the staff report .
Rich Maher, applicant, promised to mitigate the impacts to the adjacent neighbors and be a
conscientious neighbor.
Mary Strohmeyer is a residential owner in the area and is shocked that the City would
consider allowing such a business move into this area that has been largely residential for
decades. She contends that there are already problems with traffic in this area .
Trish Tilley pointed out that Xenon does not have any sidewalks and that any pedestrians on
the street must walk in the street. This business would pose a safety risk to those pedestrians.
Cindy Beckfield lives in the area three doors down from the proposed site . She visited the
applicant's existing business on Ward Road and sawall its bays open during the day, which
means they won 't be closed at the new site either. She argues that pedestrians and bikes in
the area will be at risk with the increased traffic to this site .
, ,
Greg Boom owns two properties near the site, one of which is an agricultural site. He does
not believe this area and Xenon Street can handle the increased traffic . He is also concerned
that the mechanic shop may pollute the groundwater in the area and therefore put the wells in
the area at risk . He contends that it requires major spill response plans to assure this will not
happen and does not believe a business of this type and size can appropriately mitigate this .
Kathryn Murphy lives in the area and feels that Xenon, being a very narrow street , is not
sufficient even for the existing Head Start school that's there, let alone a mechanic's shop.
She also contends that the lighting in the area is insufficient. She asked that Council consider
if it were their home in which this were proposed and to deny the application.
Ray Strohmeyer is concerned for the ditch that straddles the property and the potential risk it
poses for contaminants getting into the greenbelt and the freshwater in the area .
CITY COUNCIL MINUTES : May 10, 2010 Page -6-
Scott Mefford is concerned with whether this area can handle the traffic increases and is most
concerned with the groundwater contamination risks, citing that the groundwater level in the
area is as little as one foot in most areas . He purchased his home only this past January and
reviewed the Comprehensive Plan before purchasing his home . He contends that this
property is in an area where the Plan indicates it is desired to be developed for small office
type activity , not auto service . The proposed development would not even use the larger
Youngfield and 44th Avenue Street adjacent to it -it would use a residential street only . This is
more of an industrial type facility and not appropriate for the existing area and not compatible
with the Comprehensive Plan . He urges the Council to honor the plan an
Donna Mefford owns a business in the area and is against the proposal for all the reasons
already stated .
Virginia Clair read letters from Janice Thompson and Rex Winters who are residents in the
area (letters have been amended to this packet).
Joy Mengel lives only 100 feet southeast of the proposed site and uses well water. She is
also opposed to a 40-foot sign .
Liz Titus lives in the area and enjoys that it has rural and agricultural qualities. She is
concerned that this will damage those qualities. She contends that there have been no
specific plans demonstrated to mitigate the groundwater contamination risks. This type of
business does not benefit residents in the area as the other small businesses in the area do .
Dave Amdahl lives just east of the proposed site and is concerned that it only further
increases the air pollution that already plagues the area. He invites Council to visit the area
during an inversion to see how bad I/le air is already .
Rick Eads owns the property currently being proposed for development. He believes that with
the business vacancy rates in the area, this is needed type of business in the area. He points
out that there is more traffic in the area already from the businesses already existing there. He
asked that Council support the Special Use Permit.
Chris Ball supports the proposed special use and contends that this business will have much
less impact than many other types of businesses that could locate here, many without a
special use permit. This is a successful business and would be a positive addition to the City
of Wheat Ridge.
Brent Allred provided the architectural design for the site and shared the design drawings for
the original building design and the proposed design which makes several adjustments in
response to neighbors' complaints and concerns .
CITY COUNCIL MINUTES: May 10 , 2010 Page -7-
He described how the design of the building and manner in which services will provided serves
to assure no groundwater damage will occur . The groundwater testing in the area indicates
that the water is at twelve feet and therefore not at the level of risk purported . He also
contends that any noise from this facility will be almost undetectable relative to the level of
noise from 1-70 and existing roads in the area . The screen wall that will be constructed will
block any views from the residents to the south and deflect any sound pollution as well .
Gordon Ballinger is the real estate broker representing the applicant. He stated that the
applicant has spent $25,000 to make changes to the design in response to neighbors'
concerns.
James Moore is a resident in the area and pointed out that all those in favor don't live around
there .
Joan Amdahl asked Council to please not approve this application.
Ron Bennetts was in the trucking business and knows how much risk there is to groundwater
contamination . He does not believe that this business presents a very strong tax revenue
opportunity and therefore not very beneficial to the City .
Mike Tilly also asked Council not to approve this application .
Mayor DiTullio closed the public hearing.
Motion by Mr. DeMott to approve Case No . SUP-10-04, Resolution 15-2010, a request for a
Special Use Permit to allow a major automotive repair facility located at 4395 Xenon Street for
the following reasons:
1. This request for a Special Use meets all applicable criteria as required by Section
26-114 of the City of Wheat Ridge Code of Laws .
2. There will be no detrimental effect on health, safety , welfare , or convenience to
the public in the area.
3. The applicant has made an attempt to mitigate all impacts and concerns
addressed in the letters of objection, neighborhood comments, and from staff
comments .
4 . The special use will not create adverse impacts greater than allowed under
existing zoning for the property.
5 . There will be no impact on the light, air, or water to adjacent property owners.
6. The special use will not create or contribute to blight in the neighborhood and will
not overburden the capacities of the existing streets, parks, schools, and other
public facilities and services.
7. The proposed facility is in substantial compliance with the ASDM.
8 . Given the unusual shape of the property and other encumbrances on the
property other development opportunities would be difficult.
CITY COUNCIL MINUTES : May 10, 2010 Page -8-
With the following conditions :
1. The Special Use Permit be prescribed to the property and may be inherited
2 . Proof of all State of Colorado certificates and approvals be submitted along with
building permits.
3 . The site be developed in compliance with Exhibits 6 and 9 .
Seconded by Mr. Reinhart; carried 7-1 with Council Member Sang voting No .
Mayor DiTullio called for a break at 10 : 16pm ; to resume at 10 :22pm.
DECISIONS, RESOLUTIONS, AND MOTIONS
6 . Resolution 21-2010 -amending the fiscal year 2010 General Fund Budget to reflect the
approval of a supplemental budget appropriation in the amount of $20 ,966 as a
matching contribution for funds raised by Wheat Ridge 2020 through December of
2009 .
Resolution 21-2010 was introduced by Council Member Reinhart .
Motion by Mr. Reinhart to approve Resolution 21 -2010 ; seconded by Ms . Berry; carried 6-2
with Council Members DeMott and Stites voting No .
7 . Motion to approve award of the ITB-10-07 2010 Overlay Project to Brannan Sand and
Gravel in the amount of $792,979 .08 .
I
Motion by Mrs . Sang to award the ITB-10-07 2010 Overlay Project to Brannan Sand and
Gravel in the amount of $792,979 .08 , and that a contingency amount of $72,998 .00 also be
approved .
I further move that the Director of Public Works be authorized to issue change orders up to a
total contract and contingency amount of $802,977.08 and all costs associated with the
contract be paid from Acc!. No . 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 Mrs . Langworthy ; carried 8-0 .
8 . Resolution 22-2010 -allocating the remainder of the City's 2007 Jurisdictional
Allocation of Federal Community Development Block Grant Funds to the Wheat Ridge
Housing Authority for the purpose of acquisition of a single family home to be
rehabilitated and sold .
Resolution 22 -2010 was introduced by Council Member DeMott.
Dalmon Larson
To: City Council, Wheat Ridge, CO ,
FW: Issues May 20 Planning Mtg., --) /Vf....at:; ~4 Cd. -1111'1 Subject:
Wheat Ridge City Council:
On May 20, 2010 the Planning Commission met to consider Case No. MS-l0-02, My concerns were e-mailed to
Meredith Reckert as attached below. At the conclusion of the meeting it was noted to the effect that: "Although
neighborhood residents have legitimate concerns, the neighborhood is protected because an 8-0 vote is required to
approve future lot uses."
My concerns are these:
1.> The park has shrunk from 8.33 to 6.5 acres with major changes to design that no one at our neighborhood
meeting could remember being an agenda item. I get the Mayor's newsletter and I didn't remember seeing
anything until after work on the park started.
2.> The parking area off of 35 th avenue has been deleted and curbs on the park side of 35 th avenue installed
making the road 28 feet wide West of Johnson Street as compared to 42 feet wide East of Johnson -where
no parking signs without a special permit. The strange and sometimes dangerous design of 35'" avenue at
Kipling could have been addressed at the time the park was built but, instead, it is only more dangerous.
My primary question is this:
1.> What do we in the neighborhood need to do so that we are not blind-sided by "fait accompli" actions by the
elected and nonelected officials of the
City of Wheat Ridge?
2.> How are we in the neighborhood protected by an 8-0 City Council requirement if the key issues are decided,
rubber stamped and later we are informed of the decisionsi
Dalmon M. Larson
9940 west 35 th Avenue
Wheat Ridge
From: Dalmon Larson
Sent: Tuesday, May 18, 2010 2.:59 PM
To: 'Meredith Reckert'
Cc: 'jmanwaring@cLwheatridge.co.us'
Subject: Issues May 20 Planning Mtg.,
Ms. Meredith Reckert:
I received a certified letter notice regarding Case No. MS-l0-02. I've read the City of Wheat Ridge Staff Report and
attended a neighborhood meeting on the proposed changes. I plan to attend Thursday's Planning Commission meeting
as are many in the neighborhood.
What should be a WIN-WIN-WIN situation for all (the Apple Ridge Cafe owners -the City of Wheat Ridge -the
neighborhood and it's new park) is currently meeting with skepticism. Hopefully, good information at Thursday's
meeting will shed light on the issues of concern, many of which, I admit, are confusing to me. Thus, I'm going to seek
Mr. Don McDougal's input on the issues (He may have had his 80 th birthday recently but I believe he knows the issues
better than others in the neighborhood). He wasn't able to attend our neighborhood meeting but someone said he was
trying to meet with you prior to Thursday's meeting.
1
A general issue that arose at our neighborhood meeting was the potential "domino effect" approval of this proposal
could,have for the development/use of both vacant lots located South of 38 th Avenue on either side of Johnson Street.
Looking forward to seeing you again Thursday night.
Dalmon M. Larson
9940 West 35 th Avenue
Wheat Ridge, CO 80033
2
Council Action Form
May 24 , 2010
Page 2
Currently, the ShoreTel Phone and AutoAttendant systems are functional with integrated
messaging capabilities. The continued renewal of the annual licensing and support contract
is a strategic move to maintain and keep the ShoreTei Phone and AutoAttendant system
software up to date. This will be advantageous to the City's Information Technology
Division allowing for support and maintenance to be proactive.
RECOMMENDATIONS:
Staff recommends approval of the annual renewal for the ShoreTel Phone and AutoAttendant
system.
RECOMMENDED MOTION:
"I move to approve the support and licensing renewal for the ShoreTel Phone and AutoAttendant
system in the amount of $15,941.90."
Or,
"I move to postpone indefinitely the renewal of the ShoreTel Phone and AutoAttendant system
for the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Michael Steinke, IT Manager
Patrick Goff, Deputy City Manager
ATTACHMENTS:
I. ShoreTel Quote #OCXQI837
To Purchase Ihis quole please sign below:
Name
Signalure
Dale
Quoles valid for 14 days from dale of quole . Tax and Shipping are not included in the quote , but will appear on your final invoice. Returns musl be
factory sealed, and a restocking fee of up to 15% may apply . Shipping charges are non-refundable. New customers are required to provide a 50%
deposit due at time of order with the balance due upon receipt of invoice. For all other orders , invoices are due upon receipt. A late charge will app ly
after 15 days.
05/10/10 1204 :28 Page 2
Council Action -A uto Theft Task Fo rce l GA
May 2 4 , 20 10
Page 2
PRIOR ACTION:
The City approved the original IGA as of October 19,2009.
FINANCIAL IMPACT:
At this time, there is no financial impact to the City. The CATPA grant has funded the salary ,
benefits, equipment and vehicle for one Wheat Ridge detective position .
BACKGROUND:
The original IGA established a Jefferson County Auto Theft Task Force dedicated to the
cooperative investigation and prosecution of individuals and groups who engage in the theft of
motor vehicles and associated criminal enterprises. Often, such criminal endeavors cross law
enforcement jurisdictional lines . The original IGA did not contemplate the addition of parties
located outside of Jefferson County. The addition of Denver and of other parties loc ate d outside
of Jefferson County would likely benefit the Task Force and the public, by extending the se
cooperative law enforcement efforts beyond county lines . CA TPA has encouraged expan s ion
and further inclusion of cross-jurisdictional law enforcement agencie s .
If this First Amendment is approved by all parties, the parties will contemplate adding the
additional parties of the Denver District Attorney 's Office and the Westminster Police
Department, perhaps in July of this year. As the Task Force expands its scope , the governing
board has future plans to establish a partner relationship with the Special Pro secutions Unit of
the Attorney General's Office and the National Insurance Crime Bureau.
Wheat Ridge Home Rule Charter Section 14.2 requires the City Council to approve
intergovernmental agreements by resolution or ordinance . The resolution approv ing thi s First
Amendment authorizes the Chief of Police to approve future amendments for the sole and
limited purpose of adding additional parties to the IGA.
RECOMMENDATIONS:
Approve the Resolution adopting the First Amendment to the IGA.
RECOMMENDED MOTION:
"I move to approve Resolution No. 23-2010, a Resolution Approving the First Amendment to an
Intergovernmental Agreement Concerning an Auto Theft Task Force among Wheat Ridge,
Arvada, Lakewood , Denver, the Jefferson County Sheriff's Office, and the District Attorney for
the First Judicial District of Colorado."
Or,
"I move to table indefinitely Resolution No. 23-2010, a Resolution approving the First
Amendment to an Intergovernmental Agreement Concerning an Auto Theft Task Force among
Wheat Ridge , Arvada, Lakewood , Denver, the Jefferson County Sheriff's Office, and the District
Attorney for the First Judicial District of Colorado for the following reason(s) "
Council Actio n -Au to T heft Task Fo rce IGA
May 24 , 20 10
Page 3
REPORT PREPARED BY:
Gerald E . Dahl , C ity Attorney
Daniel Brennan, Chief of Police
ATTACHMENTS:
1. First Amendment to the Intergovernmental Agre e ment
2. Resolution approving the First Amendment
3. Staff Report May 8, 2009, CATPA Grant Opportunity
4 . CAF June 22 , 2009, Initial Intergovernmental Agreement
5. Resolution 2009 approving IGA
FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMONG
THE CITIES OF ARVADA , LAKEWOOD , AND WHEAT RIDGE, THE DISTRICT
ATTORNEY FOR THE FIRST JUDICIAL DISTRICT OF COLORADO,
THE JEFFERSON COUNTY SHERIFF 'S OFFICE, AND THE CITY AND COUNTY
OF DENVER TO ESTABLISH A METROPOLITAN AUTO THEFT TASK FORCE
This First Amendment to the Intergovernmental Agreement is made and entered
into this __ day of 20 I 0 by and among the Cities of Arvada, Lakewood,
and Wheat Ridge, the District Attorney for the First Judicial District of Colorado,
Jefferson County, on behalf of the Jefferson County Sheriffs Office, and the City and
County of Denver.
WHEREAS , an Intergovernmental Agreement for a regional auto theft task force
was entered into October 2009 ; by the cities of Arvada , Lakewood , and Wheat Ridge, the
District Attorney for the First Judicial District of Colorado, Jefferson County, on behalf
of the Jefferson County Sheriffs Office ; and,
WHEREAS , the City and County of Denver was not an original party to the
Intergovernmental Agreement ; and
WHEREAS , the City and County of Denver, a municipal corporation of the State
of Colorado("Denver"), wishes to be added as a Party to the Intergovernmental
Agreement; and
WHEREAS , Paragraph 3.6 authorizes amendments to the Intergovernmental
Agreement to add counties and cities contiguous to Jefferson County who wish to join
this Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and among the Parties that
the following paragraphs of the Intergovernmental Agreement shall be amended to read
as follows:
1.0 PARTIES: This Agreement is made and entered into by and between the Cities of
Arvada , Lakewood , and Wheat Ridge, the District Attorney for the First Judicial
District of Colorado, and Jefferson County, on behalf of the Jefferson County
Sheriffs Office, and the City and County of Denver (hereinafter referred to
collectively as the "Parties" and individually as a "Party").
2.0 RECITALS:
2.6 The Parties desire to establish and implement a Metropolitan Auto Theft
Task Force (hereinafter referred to as the "Task Force").
2.8 Establishment of an Intergovernmental Agreement serves a public purpose
and will promote the safety, security, and general welfare of the inhabitants of the
Denver metropolitan area.
ATTACHMENT 1
I
3.0 TERMS AND CONDITIONS
3.2 d Exception: Notwithstanding the language in this Section 3.2, this
Agreement does not grant arrest powers in Denver to officers or deputies of any
agency except those officers who are members of the Denver Police Department ,
except in accordance with Colorado law, as may be modified from time to time .
3.3 d. The Lakewood Police Department shall be the official custodian of Task
Force criminal justice records for criminal conduct prosecuted in Jefferson
County and the Denver Police Department shall be the official custodian of Task
Force criminal justice records for criminal conduct prosecuted in the City and
County of Denver. The Lakewood Police Department and the Denver Police
Department are empowered to release said records in compliance with the
Colorado Criminal Justice Records Act (C .R.S. 24-72-30 I et seq.) Member
Parties may release any Task Force criminal justice records that are records of
that Party or in accordance with established Denver Police Department evidence
and property procedures when the seizure is a result of a Denver investigation.
3.3 i. A Governing Board shall be created to establish policies , rules and
procedures and promulgate such, and oversee operational and administrative
matters of concern to the Task Force, referred to as the "Governing Board." The
Governing Board shall include the chief law enforcement officer of each City,
City and County, the District Attorney of the First Judicial District of Colorado,
and the Sheriff of Jefferson County, or designees thereof.
3.3 j. All forfeitures shall comply with all applicable forfeiture laws . Net
forfeitures resulting from seizures of money and/or personal and real property
resulting from Task Force operations shall be distributed by the Governing
Boards based upon the relative participation of each agency as determined by the
Governing Board. Net forfeitures shall be defined as money available after
deducting all applicable expenses associated with the operation of the Task Force
excluding salaries and benefits of the personnel assigned , including the division of
seized assets with agencies not a Party to this Agreement
Forfeitures resulting from seizures of money and /or personal and real property
resulting from any individual Party's operations outside of the Task Force
operations shall not be considered as funds for the Task Force, and shall be the
sole property of the Party whose operations generated the forfeiture assets.
3.6 Cities situated partly or wholly within Jefferson County or counties and
cities contiguous to Jefferson County or the City and County of Denver who wish
to join this Agreement may do so by amendment to this Agreement which shall be
approved on the behalf of each Party by its respective chief of police, sheriff, or
chief law enforcement officer.
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11.0 INSURANCE The Parties shall, at their own expense, keep in full force and effect
during the term of this Agreement, and during the term of any extension or
amendment of this Agreement, insurance in such amount as necessary to comply
with the limitations set forth in the Colorado Governmental Immunity Act (C .R.S.
24-10-101, et. seq.). Minimum insurance standards for each Party shall be:
a. Commercial General Liability Insurance on a comprehensive basis in an
amount not less than $1,000,000 combined single limit per occurrence and in the
aggregate, including Law Enforcement Professional Liability insurance with a
$1,000,000 general aggregate limit, to insure against the liability assumed by the
Parties pursuant to the provisions of this Agreement.
b. Auto liability insurance in the minimum amount of $1,000,000
combined single limit for all vehicles owned, operated, or used by the Parties with
respect to activities covered under this Agreement.
c. All insurance policies required above shall be issued by companies
authorized to do business under the laws of the State of Colorado . The Company
must be rated no less than "A-vii" by the latest edition of Best's Insurance Guide
that is published by the A.M. Best Company .
d. The Parties shall not be relieved of any liability assumed pursuant
to this paragraph by reason of their failure to secure insurance as required by this
Agreement or by reason of their failure to secure insurance in sufficient amounts,
sufficient durations, or sufficient types to cover such liability. Each Party shall be
responsible for the acts and omissions of its own officers assigned to the Task
Force, and shall not be responsible for the acts and omissions of other Task Force
members. Notwithstanding the foregoing, any Party to this Agreement which is
self insured shall not be considered to be in breach of this Agreement by not
having the coverage and policies stated herein.
17 .0 FISCAL MANAGEMENT OF GRANT. The City of Lakewood is authorized to
act as the fiscal manager of grants received from the Colorado Automobile Theft
Prevention Authority Grant Program administered by the Colorado Department of
Public Safety for the funding of the task force . Any disbursement of grant funds
to any Party shall be in accordance with the terms of the grant. The City of
Lakewood expressly authorizes its Chief of Police to execute such grant
agreements. The Governing Board may change the fiscal manager of the grant in
compliance with the terms of the grant.
18.0 TERMS AND CONDITIONS OF THE ORIGINAL INTERGOVERNMENTAL
AGREEMENT The Parties hereby agree to abide by all other provisions of the
original Intergoverrunental Agreement that shall remain unchanged.
TN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the day and year first above written.
3
TITLE :
CITY OF WHEAT RIDGE , COLORADO
RESOLUTION NO. 23
Series of 2010
A RESOLUTION APPROVING THE FIRST AMENDMENT TO
AN INTERGOVERNMENTAL AGREEMENT CONCERNING AN
AUTO THEFT TASK FORCE AMONG WHEAT RIDGE,
ARVADA, LAKEWOOD, DENVER, THE JEFFERSON COUNTY
SHERIFF'S OFFICE, AND THE DISTRICT ATTORNEY FOR
THE FIRST JUDICIAL DISTRICT OF COLORADO
WHEREAS, in October of 2009 , the cities of Wheat Ridge (the "City"), Arvada
and Lakewood and the District Attorney for the First Judicial District of Colorado and the
Jefferson County Sheriffs Office entered into an Intergovernmental Agreement to
establish a Jefferson County Regional Auto Theft Task Force (the "IGA"); and
WHEREAS, the City and County of Denver has expressed its desire to become a
party to the IGA for purposes of participating in said task force and expanding its
operation to include Denver's jurisdiction ; and
WHEREAS, the parties to the IGA wish to consent to the addition of Denver as a
party and to the expansion of the operative scope of said task force; and
WHEREAS, pursuant to Section 14 .2 of the City 's Home Rule Charter, the City
Council must approve , by resolution or ordinance , intergovernmental agreements ; and
WHEREAS, the City Council therefore desires to approve the First Amendment
to the IGA , as further set forth in this Resolution .
NOW THEREFORE , BE IT RESOLVED by the Wheat Ridge City Council that:
Section 1. The First Amendment to the Intergovernmental Agreement among the
Cities of Arvada, Lakewood , and Wheat Ridge, the District Attorney for the First Judicial
District of Colorado , the Jefferson County Sheriffs Office, and the City and County of
Denver to Establish a Metropolitan Auto Theft Task Force , attached to this Resolution
and incorporated herein by reference, is hereby approved.
Section 2. The Wheat Ridge Chief of Police is hereby authorized to execute and
approve future amendments to the IGA when such amendments are for the sole
purpose of adding additional parties to the IGA, as provided in Section 3.6 of the
amended IGA.
DONE AND RESOLVED THIS 24th day of May, 2010.
Jerry DiTullio, Mayor
ATTEST:
M ichael Snow, City Clerk
A TT AC HME NT 2
~ _ City of • ~~Whe atB.L..dge ~OLlCE DEPARTMENT
Memorandum
TO: Mayor Jerry DiTullio, and City Council
THROUGH: Randy Young, City Manager
Daniel G. Brennan, Chief of Police
FROM: Jim Lorentz, Division Commander
Support Services Division
DATE: May 8, 2009
SUBJECT: Staff Report -Colorado Auto Theft Prevention Authority (CATPA)
Grant Opportunity
EXECUTIVE SUMMARY:
In 2009 the Colorado Auto Theft Prevention Authority , CATPA , will award grants for
multi-agency auto theft prevention , enforcement, investigative and prosecution
programs. Authorization for CATPA is through CRS 42-5-112 . CATPA will have
approximately $3 .5 million to award throughout the State of Colorado for the calendar
year 2009. Grant applications are due by May 22 , 2009 . The Wheat Ridge Police
Department seeks the support and guidance of City of Wheat Ridge to pursue this
funding opportunity.
CATPA came into existence in 2004 through the efforts by the Colorado Auto Theft
Investigators, a not-for-profit organization of auto theft investigators in Colorado , over
the concern with the increase in motor vehicle thefts in the state and the diminishing
attention and commitment toward strategic investigation , enforcement and prosecution
of these crimes . Legislation in 2003 permitted "voluntary" funding for the purpose of
creating the CATPA. Over the next four years , that one-time funding influx of
approximately $700 ,000 from State Farm, Progressive and other insurance companies
was used for investigative, enforcement, public awareness and law enforcement training
programs . The results included several part-time mUlti-agency task forces that
accelerated investigative and enforcement efforts on repeat and professional criminal
offenders. These efforts resulted in an increase in stolen vehicle recoveries and criminal
prosecutions of hard core and major organized criminal groups . Also achieved through
these efforts were significant reductions in state -wide auto thefts in 2006 and 2007 .
In 2008 SB-60, authored by Senator Betty Boyd, was passed by the legislature and
signed by Governor Bill Ritter. This bill provides CATPA with permanent funding , by
collecting $1 per insured vehicle each year until the Sunset review in 2018. As a result ,
CATPA has ten years of steady funding of approximately $3 .5 million each year for
motor vehicle theft investigation, prevention , enforcement , prosecution and training.
ATTACHMENT 3
Stafr Report CATP '\ Grant Opportunity
tl,lav X. 20ll\)
Page 2
This grant money can be used for personnel , equipment , training , and prevention
programs .
By law , grant applicants are not required to provide match funding in order to obtain a
CATPA grant. Funding is provided until the review in 2018 . In the event that the
program is terminated at that time , there are no requirements that agencies must
continue personnel, equipment , or prevention programs previously funded by CATPA.
STATEMENT OF THE ISSUES:
The number of motor vehicle thefts in the City of Wheat Ridge has steadily declined
since 2005 from 359 vehicle thefts to 187 vehicle thefts in 2008. The first quarter
results of 2009 show a 6% decrease from 2008 . Despite the efforts of the Wheat Ridge
Police Department and the community, the City of Wheat Ridge jurisdiction currently
ranks 15th in motor vehicle theft in the State of Colorado . This number is generated by
the number of vehicle thefts that occurred , not a crime per capita percentage .
While motor vehicle theft is a significant crime in itself, there are a number of crimes that
are associated with motor vehicle theft that create a considerable impact on quality of
life and crime rates within the city . Associated crimes include vehicle trespasses,
criminal mischief (damage to property), other thefts, vehicle stripping , eluding police,
identity theft, narcotics, and many other issues. By increased investigation , prevention ,
enforcement, and prosecution of motor vehicle thefts , a significant impact on crime in
general could be expected within the jurisdiction .
Certainly, one of the struggles of the police department and the city is to maintain
current levels of service to the community , especially during difficult and uncertain
economic times . With the CATPA grant opportunity , the city may have the prospect of
increasing service levels with little or no add itional cost.
To be most effective to qualify for CATPA grant funding , the Wheat Ridge Police
Department has partnered with the Jefferson County Sheriffs Office , Lakewood Police
Department, Arvada Police Department , and other interested agencies to support the
concept and efforts of the origination of a Metropolitan Area Auto Theft Task Force
(MAAITF). MAAITF will be comprised of full time investigators and detectives from
agencies within Jefferson County dedicated to the investigation of stolen motor vehicles
and the identification and prosecution of organized criminal networks. The task force will
be modeled after the West Metro Drug Task Force , a proven and effective model. An
Intergovernmental Agreement (IGA) modeled after the West Metro Drug Task Force
IGA will be drafted for participating agencies . MAA ITF will use shared information,
equipment, and personnel from participating agencies and targeted enforcement for the
purposes of a regionalized motor vehicle theft investigation, as well as education and
prevention programs for the community .
While complete details have not yet been finalized and there are no guarantees for
funding, the Wheat Ridge Police Department recognizes this as a rare and unique
opportunity to impact crime and increase service to the community with little or no
additional cost.
Stall Report (A I'PA Grant Opportunity
May X, 2009
Page 1
FINANCIAL IMPACT (Relative Facts):
The Wheat Ridge Police Department will be requesting funding through the partnership
of the MAA TTF for an additional FTE , including salary , benefits , and equipment so that
no additional cost will be realized by the city .
ALTERNATIVES CONSIDERED:
None
RECOMMENDATION:
Staff recommends that the Mayor and City Council provide support and guidance for the
Police Department to pursue this unique funding opportunity to impact motor vehicle
theft and associated crimes by the investigation, prevention , enforcement , prosecution ,
and training efforts through the partnership of the Metro Area Auto Theft Task Force .
Prepared by: Jim Lorentz, Division Commander
COMMISSIONIBOARD RECOMMENDATION:
NA
STATEMENT OF THE ISSUES:
Application and a formal presentation was made by the participating agencies on June 3, 2009.
Request was made by the participating agencies for funding a full time auto theft task force based on
the sucessful model of the West Metro Drug Task Force . On June 11 , 2009, the Wheat Ridge
Police Department was advised that CATPA was awarding full funding of the proposed JRATT
project to begin on July 1,2009. The total amount of this award for July 1,2009 to July 1,20 lOis
$918 ,617 .00 to fund personnel of one sergeant, four investigators , one crime analyst , one police
support technician . To the City of Wheat Ridge , specifically, this grant award will cover salary and
benefits, vehicle , maintenance , equipment, and computer for one Wheat Ridge detective to serve full
time on the task force with no finanical impact to the City of Wheat Ridge . This will allow Wheat
Ridge Police Department will engage in proactive law enforcement to reduce the number of auto
thefts and aid in the recovery of stolen autos.
A full time regional task force aimed at aggressive, proactive targeted enforcement based upon
intelligence analysis and information sharing can efficiently curb the number of auto thefts , reduce
property loss and increase successful prosecution of offenders . The proposed task force will be
modeled after the West Metro Drug Task Force based on their proven track record and their
investigations have consistently reached beyond the borders of the I st Judicial District into the
Metro area outside of Colorado as well as into Mexico. Their existing Inter-Governmental
Agreement has been previously approved by the agencies proposing this task force and can easily be
modified and ratified to implement this task force and allow for expansion with contiguous counties
and cities .
The mission of the task force will be to aggressively investigate reported auto thefts and proactively
prevent auto thefts through innovative investigative techniques , agency collaboration, data
collection, information sharing , community involvement/education, and the cooperative
prosecutorial partnership with the First Judicial District.
The task force will be housed at the Lakewood Police Department and will consist of a sergeant, four
full-time detectives, a crime analyst , and investigative technician . The task force will be managed by
a commander as part of hislher ancillary duties . As the task force proves its viability and
effectiveness, expansion and further inclusion of cross jurisdictional agencies will be encouraged.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
There is no financial impact to the City of Wheat Ridge. The Colorado Auto Theft Prevention
Authority (CA TPA) has agreed to provide funds through a state grant application to the partnership
of Wheat Ridge , Lakewood, Arvada, the First Judicial District, and Jefferson County these agencies
for the purposes of combating auto theft through the establishment of a Jefferson County Regional
Auto Theft Task Force (JRA TT).
RECOMMENDED MOnON:
"I move to approve Resolution No. __ , " A RESOLUTION ADOPTING AN
INTERGOVERNMENTAL AGREEMENT (IGA) AN INTERGOVERNMENTAL AGREEMENT
AMONG THE CITIES OF ARVADA, LAKEWOOD, AND WHEAT RIDGE, THE DISTRICT
A TIORNEY FOR THE FIRST JUDI CIAL DISTRICT OF COLORADO, AND THE JEFFERSON
COUNTY SHERIFF'S OFFICE TO ESTABLISH A JEFFERSON COUNTY AUTO THEFT
TASKFORCE"
or,
"I move to deny the approval of Resolution No. ___ for the following
reasons: _____ "
ATTACHMENTS:
1. Staff Report: CA TPA Grant Opportunity, dated May 8, 2009
2. Intergovernmental Agreement Auto Theft Task Force Agreement
3. Resolution JRA TI
4.2009 CATPA Application
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 38
Series of 2009
A RESOLUTION ADOPTING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE CITY OF WHEAT
RIDGE, THE CITY OF LAKEWOOD, THE CITY OF
ARVADA, AND JEFFERSON COUNTY CONCERNING THE
ESTABLISHMENT OF A JEFFERSON COUNTY REGIONAL
AUTO THEFT TASK FORCE
WHEREAS, the City Council finds that the City of Wheat Ridge, City of Lakewood , the City of
Arvada and Jefferson County have jointly determined that the sharing of resources and the
creation of a Jefferson County Auto Theft Task Force to combat auto theft would benefit each
agency and the communities served.
WHEREAS, the Colorado Auto Theft Prevention Authority (CA TPA) has agreed to provide
funds through a state grant application to the partnership of the City of Wheat Ridge , City of
Lakewood , City of Arvada , and Jefferson County for the purposes of combating auto theft
through the establishment of a Jefferson County Regional Auto Theft Task Force.
WHEREAS, the mission of the Jefferson County Regional Auto Theft Task Force is to reduce
the number of auto thefts and the recovery of auto thefts in the Jefferson County area, benefiting
the citizens of Wheat Ridge .
WHEREAS, the Wheat Ridge Police Department will engage in proactive law enforcement to
reduce the number of auto thefts and aid in the recovery of stolen autos.
WHEREAS, there is no financial impact to the City of Wheat Ridge to participate in this
intergovernmental agreement due to the funding by the Colorado Auto Theft Prevention
Authority.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, as follows:
The City Council authorizes signing the Intergovernmental Agreement (lOA) between the City
of Wheat Ridge, the City of Lakewood, the City of Arvada, and Jefferson County to establish a
Jefferson County Regional Auto Theft Task Force.
DONE AND RESOLVED THIS __ day of ____ -=20=O~9 ..
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
ATTACHMENT 5
Council Action Form
May 24 , 2010
Page 2
FINANCIAL IMPACT:
The park is funded over a three year period and is being constructed in phases. Funding for all
components of the project is appropriated from three sources: 1) The Conservation Trust Fund
(lottery dollars); 2) the City 'S attributable share of Jefferson County Open Space Funds; and 3)
grant funds awarded in the total amount of $750,000 from Jefferson County Open Space
($550,000) and Great Outdoors Colorado (GOCO) ($200,000).
Phase I and II are being constructed back to back with funds appropriated in 2009 and 2010. The
construction budget for Phase 1 and II was $1.7 million . The water and sanitation tap fees are not
included in the construction budget but paid directly to the district providers.
BACKGROUND:
Tap sizes are based on the estimated water consumption as represented in the design plans for the
park as well as tap size. A 2" tap is required for the irrigation system and a 1" tap is required for
the restroom . AI " tap is required for the sanitation system. Plans have been reviewed and the
fees set by the districts. Final plans will be submitted for approval and a formal application will
then be submitted . Payment is required at the time the application is submitted . Approving the
expenditure of the tap fees prior to the final plan review will allow the park construction to
move forward without delay.
Plans have been adapted and the tap fees have been negotiated to the fullest extent possible to
receive the lowest fee possible with each district.
RECOMMENDATIONS: ,
Staff recommends approval of the water and sanitation tap fees as part of the park development
and construction .
RECOMMENDED MOTION:
"I move to approve water tap fees in the amount of $160 ,961 to Denver Water, and $92 ,979 to
Consolidated Mutual Water Company to be charged to account number 32-601-800-862. I
further move to approve sanitation tap fees to Westridge Sanitation District in the amount of
$20,000 to be charged to account number 32-601-800-862 ."
Or,
"I move to deny approval of water and sanitation tap fees to Denver Water, Consolidated Mutual
Water Company and Westridge Sanitation District for the following reason(s) "
REPORT PREPARED BY:
Joyce Manwaring, Parks and Recreation Director
A TT ACHMENTS:
None .
Council Ac t ion Fonn
May 24, 2010
Page 2
The Contractor recently approached the City requesting a refund of a pro-rated portion of its
initial rent payment, premature tennination of the Agreement and the removal of its bus stop
shelters from the City by May 12 , 20 I O. The Contractor asserted that vandalism and damage
have rendered it impossible to perform its obligations under the Agreement.
City Staff has negotiated a recommended compromise with the Contractor, reflected in this
Amendment, under which:
• All bus stop shelters shall remain in place until September 24, 2010 , after which they
may be pennanently removed ; advertising display boxes may be removed immediately.
• Contractor shall continue to maintain the shelters as provided in the original Agreement.
• Contractor may remove any shelter prior to September 24 that is "materially damaged,"
as defined by the Amendment.
• The City retains all funds previously paid under the Agreement by the Contractor.
City Staff is preparing a new Request for Proposals to solicit another vendor to provide bus stop
shelters .
RECOMMENDATIONS:
City staff recommends approval of this Amendment. If the Contractor is unwilling or unable to
perform its obligations under the Agreement, the City would be faced with pursuing legal action
to secure specific performance ofthe contract. Such a process is time-consuming and expensive .
Staff believes the Amendment reflects a fair compromise under which the City retains the full
amount of the first five years ' rent ($80 ,000) and Contractor is pennitted to lawfully terminate an
agreement it finds very difficult to perfprm .
RECOMMENDED MOTION:
"I move to approve the Amendment to the City of Wheat Ridge RFP-06-S4 Bus Stop Shelter
Construction And Maintenance Agreement."
Or,
"I move to deny approval of the Amendment to City of Wheat Ridge RFP-06-S4 Bus Stop
Shelter Construction And Maintenance Agreement for the following reason(s) "
REPORT PREPARED AND REVIEWED BY :
Gerald E. Dahl, City Attorney
Tim Paranto, D irector of Public Works
A TT ACHMENTS :
I . Amendment to City of Wheat Ridge RFP-06-S4 Bus Stop Shelter Construction and
Maintenance Agreement.
AMENDMENT TO
CITY OF WHEAT RIDGE RFP-06-S4
BUS STOP SHELTER CONSTRUCTION AND MAINTENANCE AGREEMENT
This Amendment to City of Wheat Ridge RFP-06-54 Bus Stop Shelter Construction and
Maintenance Agreement ("Amendment ") is entered into as of the __ day of May , 2010
("Effective Date "), by and between the CITY OF WHEAT RIDGE , COLORADO ("City") and
UNITED ADVERTISING CORPORATION, INC . ("Contractor"), collectively hereinafter referred
to as the "Parties ."
WHEREAS , the Parties entered into City of Wheat Ridge RFP-06-54 Bus Stop Shelter
Construction and Maintenance Agreement, dated August 13 , 2007 ("Agreement"), setting forth
the terms and conditions under which Contractor agreed to install and maintain certain bus stop
shelters throughout the City for a period of ten (10) years ; and
WHEREAS , Contractor has recently requested that the City agree to terminate the
Agreement prior to the end of said ten-year term , alleging that increased vandalism and damage
to the shelters have rendered it impossible for Contractor to perform its obligations under the
Agreement ; and
WHEREAS, the Agreement does not authorize early termination due to vandalism and
damage to the bus stop shelters or unforeseen difficulty in Contractor's performance of its
maintenance obligations ; and
WHEREAS, nonetheless, the City wishes to authorize the termination of the Agreement
prior to the expiration of its original term under those terms and conditions set forth in this
Amendment.
,
WITNESSETH , that in consideration of the mutual covenants and promises set forth
herein , the Parties agree as follows :
1.0 Except as otherwise provided herein, all bus stop shelters (including frames , roofs and
benches ; excluding advertising display boxes) erected by Contractor under the
Agreement (the "Shelters ") shall remain in their current locations until September 24 ,
2010 , after which date, the Contractor may permanently remove the Shelters .
Contractor may remove all advertising display boxes located at the Shelters on or after
the Effective Date of this Amendment .
2.0 Subject to the terms of Section 3.0 below and excluding any maintenance obligations
concerning the advertising display boxes, Contractor shall continue to inspect and
maintain the Shelters as required by Article 8 of the Agreement through September 24,
2010 .
3.0 Notwithstanding any of the foregoing , Contractor may permanently remove any Shelter
from its current location upon Contractor's discovery that such Shelter is materially
damaged . For purposes of this Section , "materially damaged " means rendered unsightly
or unsafe by virtue of graffiti, vandalism or structural instability from any cause, beyond
ordinary wear and tear.
ATTACHMENT 1
Contractor shall provide the City with three working days ' written notice of its intent to
remove any damaged Shelter pursuant to this Section 3 .0 . Notice shall be provided in
accordance with Article 19 of the Agreement, "Notices." Upon its receipt of such notice,
the City may inspect the damaged Shelter and may elect to repair such Shelter, at its
own expense, and thereby avoid the removal of the Shelter.
4.0 The Parties agree that the Contractor shall not owe any further payments to the City
under Article 10 of the Agreement. The Parties further agree that any amounts
previous ly paid to the City by Contractor under such Article are non-refundable and shall
be retained by the City .
5 .0 Except as otherwise provided by this Section 5 .0 , the Agreement shall terminate upon
the Effective Date of this Amendment. The following provisions of the Agreement shall
survive such termination and shall continue in full force and effect until Contractor's
permanent and complete removal of all Shelters erected under the Agreement:
A . Article 4 , Grant of License , including , without limitation, the right-of-way permit
insurance and indemnification requirements of Section 4 . B.
B . Article 8 , Maintenance , as modified by Section 2 .0 of this Amendment.
C. Article 9 , Advertising
D. Article 10, Section B., concern ing the annual report due in August of 2010
(payment terms shall not survive).
E . Article 10, Section E., concerning the availability of City advertising
F . Article 19, Notices
G. Article 20 , Assignment and Subcontractors
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first
written above .
CONTRACTOR: ATTEST:
Mark W . Giordano, President
Title :
CITY OF WHEAT RIDGE: ATTEST:
Jerry DiTullio , Mayor Michael Snow, City Clerk
Approved as to form:
Gerald E. Dahl , City Attorney
Council Action Form
May 24 , 2010
Page 2
PRIOR ACTION:
City Council provided direction to staff at the April 5, 20 I 0 study session. The Planning
Commission is scheduled to review this code amendment at a public hearing scheduled on June
3,2010.
FINANCIAL IMPACT:
The proposed amendment that would allow community event/sponsorship banners on City-
owned property could create limited additional revenue for the City. The Department of Parks
and Recreation would like special event permits to be required for banners on City property, with
an associated fee. There is also the potential to allow company logos and sponsorships on such
banners, which could provide an opportunity to raise revenue for the City.
In addition, the improved flexibility in the location of off-premise signs may result in improved
opportunities for commercial and mixed use development in Wheat Ridge , which could have an
indirect financial impact on the City .
BACKGROUND:
1. Off-Premise Identification Signs
Currently, the sign code greatly restricts the use of off-premise signs, which are defined as signs
that advertise or direct attention to a business or service that is not located on the same site as the
sign. The code allows for the following types of off-premise signs , which may be located on
another private property with approval from Community Development and the property owner,
or in the public right-of-way, with approval from Public Works:
(I) Public signs and traffic/reg4latory signs
(2) Semi-public signs, which give information to church locations, educational
institutions or service club locations and are limited to six square feet in area
(3) Billboards, which are only allowed in certain portions of the City (identified in a map
in the code) near 1-70 and are limited to a total of 16 within the City
For some large, unified commercial developments, as well as large institutional campuses, off-
premise signs can provide important identification needs. A monument sign located near a
highway or major arterial , for example, can help draw attention and traffic to the development.
There are often instances where a large commercial or mixed use development is paying for
infrastructure improvements, such as roadway improvements, beyond the boundaries of the
actual development site, typically in a master-planned development. In such instances, it may be
appropriate to allow the placement of identification signs on or near the infrastructure
improvements to draw attention to the nearby development that paid for those improvements.
The current sign code would prohibit such signs since they would advertise and/or direct
attention to a business not located on the same piece of property .
2. Community Event/Sponsorship Banners
The Parks and Recreation Department would like to display department-approved banners on
City property, including ball fields and tennis courts in City parks. The banners would be used
primarily to advertise Park and Recreation events, but could also help advertise Wheat Ridge
Council Action Form
May 24, 2010
Page 3
Youth Sports group activities. These signs would provide a convenience to the public by
informing them of these leagues and activities.
The sign code currently allows for temporary banners, but with requirements that essentially
prohibit the types of banners that Parks and Recreation would like to hang on parks properties.
For example, the code requires that banners are hung on a building -and thus could not be
located on a fence -and determines the allowable area of the banner based on the square footage
of the main building on-site, a metric that does not work ifthere is no structure on the property.
A revision to the sign code that would allow community event/sponsorship banners on City-
owned property could help resolve this issue. Based on the current regulations , public schools
would also be prohibited from hanging banners on ball fields or tennis courts to advertise sports
leagues or school-related events . The sign code amendment would allow temporary banners on
city-owned property and public school properties, and the banners would be approved and
monitored through the Parks Department and individual schools.
3. Signs in the Public Right-of-Way
The current sign code does not allow the construction of commercial freestanding signs in the
public right-of-way (ROW). In general , that is a regulation that staff strongly supports. In some
limited areas of the City, where existing ROW boundaries are unusually wide, and may even
overlap with existing off-street parking or landscaping, this provision can be difficult as it is
nearly impossible to find a location for a sign that is near the street and not in the public ROW.
For sites that are completely redeveloping, this is not an issue since a complete scrape-off allows
the business to fmd an on-site location for the sign. However, there are instances where a new
business proposes to re-use an existin& building and site configuration. If the subject site is in an
area with unusual ROW widths, it can be difficult to find a viable on-site location for a
freestanding sign.
This issue is not unique to Wheat Ridge. Several jurisdictions in the metro area, including
Arvada, Denver, Englewood, and Golden , provide the opportunity for property owners to apply
for a revocable permit, which allows placement of a sign in the ROW with the ability for the City
to remove that sign at any time if necessary. Wheat Ridge already offers a similar permit for
fences and other objects that a private owner may want to place in the ROW , called a ROW use
permit. This permit is authorized through the Public Works Department and is good for a period
of five years, at which point the applicant must apply to have the permit renewed.
RECOMMENDATIONS:
1. Off-Premise Identification Signs
Staff recommends amending the sign code to allow off-premise identification signs for three
different categories of development, described below. In all instances, the off-premise
identification signs would be (a) part of an approved master sign plan, which is reviewed by
Community Development and Public Works staff and approved by Planning Commission; and
(b) required to be located on or immediately adjacent to public or private infrastructure approved
or required for the operation of the development.
C ouncil Ac tion Fo rm
May 2 4, 2 010
Page 4
The three categories of development that the new off-premise identification sign allowance
would apply to are:
(1) Major Activity Center, defined as a contiguous commercial developme nt that is greater
than 150 acres
(2) Urban Renewal Unified Commercial Developments, defined as a contiguous
development that is at least seven acres in size and where at least 50 percent of the total
building square footage contains commercial land use
(3) Institutional Campus, defined as a contiguous development over 75 acres in size that
contain institutional land uses , such as medical or educational
Staff also recommends that the following restrictions and regulations apply to off-premise
identi fication signs:
(1) Major Activity Center Identification Signs
• Maximum of two allowed per activity center
• Must be within Y. mile of the activity center
• Maximum height of ten feet , maximum area of 50 square feet
• No pole signs allowed
• Option for one highway sign : up to one sign, only if it is within 300 feet of a state
or interstate highway, may be a maximum of30 feet with a maximum area of200
square feet
(2) Urban Renewal Unified Commercial Development Identifications Signs
• Maximum of two allowed per commercial development
• Must be within Y. mile of the commercial development
• Maximum height of ten 'feet , maximum area of 50 square feet
• No pole signs allowed
(3) Institutional Campus Identification Si g ns
• Maximum of two allowed per campus
• Must be within Y. mile of the campus
• Maximum height of seven feet , maximum area of 32 square feet
• No pole signs allowed
2. Community Event/Sponsorship Banners
Staff recommends revising the sign code to create a new type of temporary banner that would
meet the needs of the Parks and Recreation Department. The new banner category, proposed as a
"community event/sponsorship banner," would apply to any City-owned property, and would
thus allow other City departments to take advantage of the opportunity to publicize community
events . For those banners located on C ity-owned property, a permit issued through the Parks
Department would be required .
Based on direction from City Council at the AprilS , 20 I 0 Study Session , the community event
banners are also proposed for school properties owned by the Jefferson County School District.
Such banners would be restricted to advertising school-related events and sports leagues, and
would not require a permit.
Council Action Fonn
May 24, 2 010
Page 5
Staff recommends that community event/sponsorship banners would be subject to the following
criteria :
• Must be located on City-owned property or a school property owned by the Jefferson
County School District
• Maximum size of 50 square feel on City property; maximum size of32 square feet on
school property
• Maximum of two on school property; no maximum for City property (total number will
be regulated by Parks through the special event permit process)
• Must be temporary only, with time restrictions related to the time period of the event,
with no banner to be in place for longer than four weeks
• Can be located on buildings, fences , and poles. Cannot be attached to land scaping
3. Signs in the Public Right-of-Way
Staff recommends adding an exception to the sign code that would enable properties meeting
very specific criteria to place a commercial sign in the right-of-way immediately adjacent to that
property . This exception from the rule prohibiting signs in the ROW would be added to section
26-708 and require that the following criteria are met:
a . There are no viable alternative locations on the subject property .
b. The sign is for a property with commercial or mixed use zoning .
c. The sign will be within right-of-way that is immediately adjacent to the subject
property.
d. The sign is not in the right-of-way of a state highway .
e. There are no immediate plans for widenin g the street as identified in the Five-yea r
Capital Investment Program (C IP) or planning documents .
f. The sign is not for a site being completely redeveloped with new construction , in
which case the proposed design should incorporate the sign on site.
g. No underground utilities , except for electricity , exist in the proposed location for
the sign .
h. The sign does not obstruct the sidewa lk or vehicular traffic .
I. The sign complies with sight distance triangle requirements per section 26-603 .B.
J . The sign is not located in the landscape buffer or amenity zone located between
the back of curb and the sidewalk .
k. The sign is not a pole sign.
t. The sign must exclusively advertise or identify the business or operation located
only on the immediately adjacent property for which sign is permitted .
If a property meeting the above criteria wished to place a sign in the ROW, staff proposes that it
could be aJlowed, subject to approval by the directors of the Public Works and Community
Development departments, as well as approval of a sign pennit and ROW use penni!.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 08-2010, Case No. ZOA-lO-O 1, an ordinance amendin g
Chapter 26 ofthe Code of Laws concerning off-premise identification signs, community
event/sponsorship banners , and signs in the public right-o f-way on first reading, order it
Co un c il Act ion Fo rm
May 2 4,20 10
Pa ge 6
published , public hearing set for Monday, June 28 th at 7 p .m . in C ity Council C hambe rs, and tha t
it take effect 15 days after final publication.
Or,
"I move to deny Council Bill No . 08-2010 , Case No . ZOA-IO-Ol , an ordinance amending
Chapter 26 of the Code of Laws concerning off-premise identification signs , community
event/s ponsorship banners, and signs in the public right-of-way, for the following re as on(s)
"
REPORT PREPAREDIREVIEWED BY:
Sarah Showalter, Planner II
Meredith Recker!, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
I. Council B ill No. 08-2010
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ______ _
COUNCIL BILL NO. 08
ORDINANCE NO. ___ _
Series 2010
TITLE: AN ORDINANCE AMENDING CODE OF LAWS ARTICLE VII OF
CHAPTER 26 CONCERNING OFF-PREMISE IDENTIFICATION
SIGNS, COMMUNITY EVENT/SPONSORSHIP BANNERS, AND
SIGNS IN THE PUBLIC RIGHT-OF-WAY
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, the City Council of the City of Wheat Ridge finds that more flexibility
is desired with regards to the placement of off-premise identification signs for major
activity centers, urban renewal commercial developments, and institutional campuses;
and
WHEREAS, the City Council of the City of Wheat Ridge finds that the placement
of special event/sponsorship banners on city-owned property and public school
properties is desired; and
WHEREAS, the City Council of the City of Wheat Ridge finds that the ability to
place certain signs in the public right-of-way, subject to specific criteria and a revocable
permit, is desired to provide flexibility for businesses investing in the improvement of
commercial sites .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-702 of the Code is amended to read:
Sec. 26-702. Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
Animated sign. A sign or parts thereof, which revolve, whirl, twirl or utilize motion ,
implied or actual , in a horizontal or vertical plane or both. The only animated type of
signs that are permitted are "barber pole" signs.
Arcade sign. Any sign projecting beneath and attached to the underside of any balcony,
canopy, awning or other structural overhang or passageway.
Artistic mural or sculpture. A freestanding statue or sculpture or a graphic illustration or
design, or an architectural design or relief applied directly to or incorporated within a
wall of a building, which does not advertise or promote a particular business, service or
"branded" product.
ATTACHMENT 1
Awning. A movable shelter supported entirely from the exterior wall of a building and /o r
a type which can be retracted against the face of the supporting building .
Banner. A sign or advertising display constructed of cloth , canvas, fabric or other light
material that is mounted with no enclosing framework intended to be displayed for a
short period of time.
Bil/board. Any pole sign in excess of fifty (50) square feet in size oriented to the
interstate highway utilized to advertise a product or service that is not produced or
conducted on the same property as the sign.
Building front. The exterior wall(s) of a building facing a public street or streets or other
public right-of-way other than alleys , or one (1) exterior wall containing the primary
entrance to the building if not directly facing upon a public street.
Canopy. A roof-like structure serving the purpose of protecting vehicles and /or
pedestrians and which may be freestanding or attached to a building, is provided with
supports , and is open on three (3) sides if attached and on all sides if freestanding.
Changeable copy sign. A sign , either illuminated or nonilluminated, which is designed
so that the message or any part of the message may be periodically changed, either
mechanically or electronically, however, where a change in message occurs no sooner
than every fifteen (15) seconds .
Community event/sponsorship banner. A banner advertising community events,
sports leagues, or related activities and located on property owned by the City of
Wheat Ridge; or a banner advertising school-related activities or sports leagues
and located on public school properties owned by Jefferson County School
District.
Oevelopment. A single lot, parcel or tract of land or portions or combinations of lots ,
parcels or tracts of land which are held in single or common ownership and which exist
as a distinct functional entity . Multi-use and multi-tenant buildings and multiple building
complexes which are held in singular or common ownership, either by individual,
corporation, partnership or other legally recognized entity, shall be considered a
"development" for the purpose of signage.
Erect. To build , construct, attach , hang , place, suspend, affix, relocate or reconstruct
any sign or sign-supporting structure.
Flashing sign. A sign that is illuminated with intermittent lighting, animated lighting or
with varying intensities of light at intervals of fifteen (15) seconds or less , including a
moving light or lights.
Freestanding sign . A sign that is permanent and self-supporting , being nondependent
on support from a building or other structure , including signs placed upon fences or
nonsupporting walls.
Illuminated sign. A sign that is illuminated with constant intensities of light of a non-
varying nature. There are three (3) types of ill uminated lights as follows :
(a) Direct. Ligh t ing by means of an uns hielded light source which is effectively
v isible as a pa rt of t he sign. Neon lighting is considered di rect lighting.
(b) Indirect. Li g ht ing w hic h illu minates the fron t of a sign or the entire building
facade upon w h ic h t he sig n is disp layed, th e source of t he l ig ht being sh ielded
f rom pub lic v iew a nd fro m surro u nding prope rt ies . Indirect i ll uminat ion does not
inc lu de lig htin g w hi c h is p rim a ri ly used for purposes oth er th an sign illumination ,
suc h as parking lot lig hti ng.
(c) Interna l. Li g ht in g by mea ns of a lig ht source wh ich is within a sign having a
t rans l uce nt backgro un d a nd w hic h si lh o uettes opaque letters or designs, or
ligh t ing wi thin or be hin d lett ers o r desig ns w h ic h a re t hemse lves made of
trans lu ce nt or opaq ue m aterial.
In forma tiona l s ign. A fr eest a nd in g or wall-type sign, no t loca ted wi t hin public street
ri g ht -o f-way, w hic h g ives neces sary d irect io n o r non-advertisi ng info rmatio n to moto r
ve hi cle ope rato rs o r pedes t rians, suc h as en t rance, exit, parki ng lim itations or location
of ons it e b u ildi ngs or faci liti es. A compa ny logo or name no large r than one (1) square
f oo t may be in cl uded o n each s uc h pe rmitted sign .
Institutional campus identification sign. Any sign which advertises or directs
attention to a major institutional campus and is not located on the same property
as the institutional campus. An institutional campus is defined as a contiguous
development with institutional uses , including medica l or educational, that is
greater than 75 acres . Such signs shall be allowed in addition to those signs
permitted on the property and must be located on or immediately adjacent to
public or private infrastructure approved or required for the operation or
maintenance of the campus.
Lo t. A tract, buildin g s it e, pa rcel or po rt io n of land separa t ed fro m oth er parce ls or
po rti o ns by de sc ri ption , as on a subdi visio n plat of reco rd o r survey map o r by met es
and bo und s, f o r th e p urpose of sal e , lea se o r use.
Major activity center identification sign. Any sign which advertises or directs
attention to a major activity center and is not located on the same property as the
major activity center. A major activity center is defined as a contiguous
commercial development, or a mixed use development wherein at least 50
percent of the total building square footage contains commercial land uses, that
is greater than 150 acres. Such signs shall be allowed in addition to those signs
permitted on the property and must be located on or immediately adjacent to
public or pr ivate infrastructure approved or required for the operation or
maintenance of the center.
M aj or interior dri ve. A drive aisl e located on pri va t e prope rty w hi c h co n nects two (2)
publi c stree t s o r p rov id es acce ss to t wo (2) o r mo re parce ls of la nd o r deve lop me nt s .
Nonconform ing sig n. A sign w hi c h does no t con fo rm w it h t he reg ul at ions se t fort h in
t h is a rt icle, b ut w h ich did mee t t he req ui rements of t he reg u la t ions existing at t he date of
its erection.
Off-premises sign . Any sign fifty (50) square feet or smaJ.i&f;-which advertises or
directs attention to a business, commodity, service or activity conducted , sold or offered
elsewhere other than on the property which the sign is located. Public and semi public
signs are not considered off premises signs.
Painted sign . A sign that is painted directly onto the exterior surface of a building , wall
or structure.
Political sign. A noncommercial sign, which is exempt from permit requirements,
erected or placed so as to advertise, announce, declare or state a political message,
whether relating to a political campaign or election or any other issue of public concern
which is protected by the First Amendment right of free speech.
Pole sign. A sign which is affixed to, or mounted on a freestanding wood or
metal pole, and anchored in the ground.
Portable sign. Any sign which is supported by one (1) or more uprights or braces upon
the ground and which is of portable design.
Projecting sign. A sign which is affixed to any building , wall or structure and which
extends beyond the building wall more than fifteen (15) inches.
Public sign. A sign that is required by federal, state or local law or ordinance necessary
for public information.
Revolving sign. A sign utilizing an axis point to pivot the sign surface.
Roof sign. A sign erected, constructed and maintained above the eaves and attached
to the roof of a building.
Semipublic sign. A sign giving information as to church location, educational institutions
or service club locations.
Sign. Any object or device or part thereof situated outdoors or indoors, viewed from
outdoors by the general public, and which object or device or the effect produced
thereby is used to advertise, announce, identify, declare, demonstrate, display, instruct,
direct or attract attention by means including, but not limited to, words, letters, figures,
designs , fixtures, colors, motion, illumination, sound or projecting images.
Sign permit. A building permit issued for the erection, construction, enlargement,
alteration, repair, relocation, improvement, removal, conversion or demolition of any
sign issued pursuant to the building code of the city or this sign code.
Sign structure. Any supports , uprights, braces or framework of a sign which does not
include any portion of the sign message .
Street frontage. For the purpose of signage , frontage upon a street is obtained by
ownership , easement or leasehold only if used for vehicular access to the property , or if
not used for vehicular access, only if such street frontage is at least fifty (50) feet in
width. Where t he regulations allow "one sign per street frontage," the intent is that the
sign a ll owed is p laced upon o r fac ing the street, un less specifically otherwise perm itted .
Surface area of sign. The to tal area enclosed by the shortest line that can be drawn
arou nd th e entire sign, i ncluding any architectural embe lli shment or background
m ate r ia l or co lor f o rming an integral pa rt of the d isplay and used to differentiate the sign
fro m its surroundings. S ign s up po rt st ruc tu res whic h do not bear advertising materia l
sha ll be excluded in computa t ion of sign area . Signs wi t hout backing (i .e ., freestanding ,
pro j ecting, A-frame or pedesta l signs) are allowed the maximum square footage for
eac h side fo r doub le -faced signs; however, signs hav ing more than two (2) sides or
faces shall no t exceed the tota l face area allowed for a doub le-faced sign.
Tempo r ary sign. Any sign, ban ne r, pennant, va la nce or ot her outdoor advertising sign
cons tructed of light f abric , cardboard , wa ll board, plywood, sheet met al, paper or other
lig ht materials, with or without a frame, intended or designed to be displayed for a
lim ited period of time.
Traffic and regulatory signs. Signs, signals or markings placed or erected by federal,
sta t e or local authority for the purpose of regulating, warn ing or guid i ng traffic.
Unlawful sign. Any sig n or outdoor advertisi ng dev ice e rected in the absence of a
pe rm it required by this article, o r in violat ion of any of the lim itations, prohibitions or
req uirement s of this art ic le.
Unsafe sign. Any sign or advertisi ng st ruct ure found unsaf e or in secu re or c reating a
hazard o r menace to the p ub li c sa f ety, hea lt h a nd we lfa re .
Urban renewal unified commercial development identification sign: Any sign
which advertises or directs attention to a use or activity within an urban renewal
unified commercial development and which is not located on the same parcel as
the identified use or activity. An urban renewal unified commercial development
is defined as a contiguous development, located in an urban renewal district ,
wherein at least 50 percent of the total building square footage contains
commercial land uses and the development site is at least 7 acres in size. Such
signs shall be allowed in addition to those signs permitted on the property and
must be located on or immediately adjacent to public or private infrastructure
approved or required for the operation or maintenance of the development.
Wa ll sign. A sig n co nst ruct ed of d urab le mate ria ls o r pai nt ed and which is permanently
affixed to a n ex terior surface of any bu il ding, wall o r st ruc t ure and w h ich does not
exte nd mo re th an fiftee n (15) inches beyo nd th e b uild ing wa ll , except t hat signage
p laced u po n ma rquees, ca nopies o r awn ings shall be cons idered as wa ll signs.
Section 2: Section 26-707 of the Code is amended to read:
Sec. 26-707. General provisionslperformance standards.
A. Sight distance triangle.
1. No sign is allowed which would violate the sight distance triangle requirements
of section 26-603B.
2. At signalized intersections , where both streets are collectors and/or arterial, the
required sight distance shall be governed by the standards set forth in the most
current edit ion of the policy on geometric design of highways and streets,
published by the American Association State Highway and Transportation Officials
(AASHTO).
B. Location of signs.
1. All signs allowed by this article , except billboards , public signs, aM semipublic
signs, institutional campus identification signs, major activity center
identification signs, urban renewal unified commercial development
identification signs, and signs permitted under the criteria in section 26-
70B.F shall be located on the lot which they advertise .
C. Streets and rights-of-way.
1. No sign shall be erected in such a location as to interfere with motor vehicle or
pedestrian traffic.
2 . No sign is allowed in the public right-of-way, with the exception of:
a. signs on bus benches and shelters pursuant to article IV of chapter 21 aAd
b . public, semi-public, traffic, regulatory , and projecting signs,
c. institutional campus identification signs, major activity center
identification signs, and urban renewal unified commercial
development identification signs, as outlined in section 26-710.
d. signs permitted under the criteria in section 26-70B.F
3 . No sign is allowed which may be construed as a traffic sign or signal or which
may be confusing to motorists or mistaken as a traffic signal.
4. Where it is difficult to determine the pubic right-of-way boundary due to lack of
curb, gutter and/or sidewalk, or survey markers, such boundaries shall be
presumed to be ten (10) feet from the edge of pavement or back of curb. Where a
sidewalk exists, such boundaries shall be presumed to be two (2) feet from outside
edge of sidewalk.
5. Attachment of any sign to utility poles or other poles or structures within public
right-of-way is prohibited, except as approved by city council pursuant to this
article.
6 . Temporary signs found by an enforcement officer to be located within city right-
of-way or in violation of sight triangle requirements shall be removed by such
enforcement officer with no requirement of notice .
D. Interference.
1. No sign is allowed which employs a lighting or control mechanism which
causes radio, radar, cellular telephone or television interference.
2. No sign is allowed which, even though in general conformance with the
standards and requirements of this sign code, is judged by the chief of police and
public works director as a dangerous sign due to int e rferen c e w ith a tra ffi c co ntrol
dev ice by being in direct line betw ee n th e control d ev ice a nd on comin g traffi c o r
otherwise in visual comp etition with a traffi c control devi c e.
E . Compliance with building codes .
1 . No sign shall be erected , constructed or maintained whi c h obstru cts or is
attached to any fire escape, window , door or opening used as a m e ans of egre ss or
ingress or for firefighting purposes , or is placed whi c h interferes with any opening
required for light or ventilation .
2. No sign is permitted which is structurally unsafe as determined by the c hief
building official , based upon criteria established in the adopted building codes .
3. The design of all sign structure members and foundation shall conform to the
requirements of the building code relative to allowable stresses , mate rials and
engineering standards . Loads , both vertical and horiz ontal , shall not produce
stresses exceeding those specified in the building code , and material constru ction
shall be of the quality and grade required by the building cod e. All signs a nd
structures shall be designed and constru cted to meet the adopted building and
electrical codes .
F. Outside display.
1 . Notwithstanding the provisions of section 26-631 , any m e rchandise displayed
outside of a building in such a way as to attract attention when viewed by the
general public by placement upon a pole , a fence, a platform, roof or other similar
device or structure shall be considered a sign and is prohibited . This shall not,
however, be construed to prohibit merchandise customarily stored outside of
buildings and placed upon shelves or tables , such as automobiles, campers, boats ,
plant materials , produce or lumber.
G. Illumination.
1 . All illuminated signage shall comply w ith se ction 26-503 of the zoning and
development code.
2 . Signs within one hundred (100) feet of a residential structure, may be lighted
indirectly or intemally.
3. Signs over one hundred (100) feet from a residential structure, may use any type
of lighting source, except search or flashing lights, provided that they are shaded ,
shielded or directed so that the light shall not ad versely affect surrounding premises
or interfere with safe vision on public or private roadways , including highways .
4. All direct and indirect lighting sources shall be downcast to reduce glare, sky
glow and light pollution.
H. Maintenance .
1. Any sign, including temporary signs , that becomes discolored, ragged , shredded ,
detached, etc ., shall be removed or repaired .
I. Removal or reconstruction of dangerous signs .
1 . All signs which are prohibited shall conform to the pro visions of this article either
by removal or reconstruction , whichever applies, within sixty (60) days after the
owner of such sign is notified of the violation .
Section 3: S ection 26 -70B of the Code is amended t o rea d :
Sec. 26-708. Miscellaneous provisions.
A. Building addresses.
1. House or building address number signs shall be consistent with section 26-419
C.--E. of the zoning and development code .
B. Signs located on bus benches and bus stop shelters .
1 . Signs located on bus benches shall be in conformance with Code of Laws ,
article IV , section 21-124 .
2 . Signs located on a bus stop shelter shall be in conformance with Cod e of Laws ,
article IV , section 21-151. Such signs shall be limited to two (2) faces per shelter for
commercial advertising purposes with a maximum of twenty-four (24) square feet
per face.
C . Freestanding signs--Commercia/, industrial and mixed use zone districts .
1. Where two (2) freestanding signs are permitted by virtue of multiple street
frontage, each permitted sign shall be allowed to have the maximum square footage
allowed based on the formulas shown in section 26-70B.C.5. In addition, the sign
area allowed may be transferred from one (1) sign to another; provided , that no
freestanding sign shall exceed four hundred (400) square feet in area.
2. Where multiple signs are permitted because of multiple street frontage, the signs
may be erected on the same street frontage.
3 . For double-faced signs, each sign face can have the maximum square footage
allowed .
4. Landscaping requirement: For new development or total redevelopment, all ,
freestanding signs shall be placed within landscaped areas.
5 . Maximum sign area : Based upon the following table :
Maximum Sign Area
(Square Feet = s.f.)'
TABLE INSET:
Floor Area Single Use Development Multiple Use Development of Building
0--1,500 s.f. 35 s .t. 60 s.f.
1,501--5 ,000 35 s.f. plus 1 s.f. per each additional 50 60 s .f. plus 1 s.f. per each additional
s.f. s.f. of floor area over 1,501 . 40 s .f . of floor area over 1,501 .
5,001--100 s .t. plus 1 s.f. per each additional 150 s.f. plus 1 s.t. per each 300 s.f . of
50,000 s.f. 500 s.t. of floor area over 5,001 . floor area over 5,001.
Over 50,001 190 s.f. plus 1 s .f . per each additional 300 s .f . plus 1 s.f. per each additional
s. t. 1,000 s.t. of floor area over 50 ,001 up 1,000 s.t. of floor area over 50 ,001 up
to a maximum size of 300 s.f. to a maximum size of 400 s.f.
'In computing allowable sign size, only the footprint of the structure can be used . The floor area
of gas station and drive-thru canopies cannot be applied toward the freestanding sign
allowance .
D. Freestanding signs--Residential, agriculture and public facilities zone districts.
1. Where two (2) freestanding signs are permitted by virtue of multiple street
frontage, each permitted sign shall be allowed to have the maximum square footage
allowed, as defined in section 26-70B.C.5.
2. Where multiple signs are permitted because of multiple street frontage, the signs
may be erected on the same street frontage.
3. For double-faced signs, each sign face can have the maximum square footage
allowed.
4. Landscaping requirement: For new development or total redevelopment, all
freestanding signs shall be placed within landscaped areas.
E. Master sign plan.
1. The planning commission may approve a master sign plan for any existing or
proposed commercial or industrial development of at least two (2) acres or more in
size which is under unified control either by ownership, legal association or
leasehold .
2. The intent and purpose is to encourage well-planned and designed signage
within a large multiple building or multiple use complex which expresses unification
and integration by elements of architectural style, size, color, placement and lighting
while at the same time allowing for reasonable individual business identification. An
additional purpose is to encourage the elimination of existing nonconforming signs.
The planning commission may grant as a bonus for well-designed plans additional
signs and/or up to a fifty (50) percent increase in maximum square footage for each
sign, and/or may permit signs in locations other than normally permitted, based upon
a finding that the proposed master sign plan substantially meets the intent and
purpose of this subsection relating to unification and integration of signage.
3. Once approved at a public hearing by planning commission, all master sign
plans shall be recorded with the Jefferson County Recorder's Office and shall
constitute a covenant and must be complied with by all owners, proprietors, lessees
or assigns, whether current or future . No substantial variation from the plan shall be
permitted without planning commission approval. Noticing requirements for a master
sign plan process shall follow the procedures outlined in section 26-109 .
F. Signs in the right-of-way.
1. The community development director and public works director may
jointly approve freestanding signs which are otherwise permitted to
advertise a property, to be located in the public right-of-way immediately
adjacent to that property, subject to all of the following criteria:
a. there are no viable alternative locations on the subject property;
b. the sign is for a property with commercial or mixed use zoning;
c. the sign will be within right-of-way that is immediately adjacent to the
subject property;
d. the sign is not in the right-of-way of a state highway;
e. there are no immediate plans for widening the street as identified in
the S-year Capital Investment Program (CIP) or planning documents;
f. the sign is not for a site being completely redeveloped with new
construction, in which case the proposed design should incorporate
the sign on site;
g. no underground utilities, except for electricity, exist in the proposed
location for the sign;
h. the sign does not obstruct the sidewalk or vehicular traffic;
i . the sign complies with sight d i stance triangle requirements per
section 26-603.8;
j. the sign is not located in the landscape buffer or amenity zone
located between the back of curb and the sidewalk;
k . the sign is not a pole sign; and
I. the sign must exclusively advertise or identify the business or
operation located only on the immediately adjacent property for
which sign is permitted.
2. Signs that meet the above criteria shall obtain a sign permit through the
community development department and a right-of-way use permit
through the department of public works.
Section 4: Section 2 6-709 of the Code is amended to read :
Sec. 26-709. Residential, agriculture and public facilities zone districts s i gn standards chart.
TABLE INSET:
TABLE 1. SIGN STANDARDS IN RESIDENTIAL , AGRICULTURAL , AND PUBLIC FACILITIES ZONES
(K-1 , K-1A , K-1B, K-1C , R-2 , R-2A, R-3 , R-3 A , A-1, A-2, PF
MAX IM UM
T YPE OF S IG N A LL OW ED PER M IT SIZ E A ND MAX IMUM M INI MUM OT HE R
RE QU IRED HEI G HT PER NUMB E R S ETB ACK REQUI REM ENTS
S IGN
1 . Animated No
2 . A rcade No
3. Canopy No
Maximum of 32 1 pe r street
square feet pe r f rontage, but T he time lapse between the
4 . Changea ble Yes Yes sign. Maximum no more than 5 feet from any change in info rmation shall not be
Copy heigh t 7 feet for 2 per property line less than 15 seconds . Not
all residen tial development permitted fo r residential uses.
zones.
Maximum of 32
squa re feet per
5. Fr eestanding Yes Yes sign. Maximum 1 pe r street 5 feet from any Not pe rmitted for single family
heigh t 7 feet for fron tage property line and two ·family dwellings.
all res id ential
zones.
Pe FmiUee aRly faF ~~l:lli&-afIG
No , except semi ~~l:lliG SigRS aRe
for (1) public l:lilibaaFes .
6. Off-Premises and semi-For billboards, see secti on 26-Signs public signs; 711 (2)
billboards
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
Not permitted for single family
and two-fam ily dwellings. A-frame
or pedestal style only. Must be
Must be setback anchored to the ground or
a minimum of 5 weighted sufficiently to prevent
6 square feet 1 per feet from any movement by wind. Must only be
7 . Portable Yes Yes per side per organization street right-of-displayed during normal hours of
sign. or activity way line if 36 operation. May be located on a
inches or 2 feet if sidewalk provided that adequate
36 inches or less clearance exists to meet ADA
in height. requirements. Must be displayed -only on the premise being
advertised.
8. Projecting No
To be determined May be located off-premises with
9. Public and 3 per by the approval of property owner and
Semi-Public Yes Yes 6 square feet organization Community Community De velopment
Signs per sign or attraction Development Director. May be located in r-o-w
Director with approval of Public Works
Director.
Monument-type
signs must be set
back on the Monument, fence , or wall-
property a incorporated only. Fence or wall
10. Residential Not to exceed minimum of 10 incorporated type signs may be
Subdivision Yes Yes 20 square feet 1 per street feet , unless placed parallel with and at
Identification in area or 6 feet frontage incorporated into property line following the same
Signs in height. a traffic island height and sight distance
entrance, then 25 requirements as for a wall or
feet back from fence.
face of street
curb and 3 feet
MAX IMUM
T YPE OF S IGN A LL OW ED PE RM IT SIZ E A ND MAX IMUM M INIMUM OT HE R
REQU IR ED HE IG HT PE R NUM BE R S ETBACK REQ UI REM ENTS
SIGN
from edge of
traffic island.
11. Temporary
Subcategories:
1 time per Not pe rmitted for single family
year for up to and two-family dwellings.
Balloons and 60 days, or 2 Permitted only to advertise
requi red tethers times per special events and sales. Shall be
a. Balloons or cannot exceed year for up to securely anchored or attached so
other inflatable Yes Yes a height of 35 ' 30 days each None as to prevent dislocation ,
devices measured from time, or 4 entanglement or encroachment
existing grade. times per onto adjacent properties or public
year for up to streets, or undue hazard to
15 days each motorists or pedestrians. Roof-
time. mounting is permitted.
Not permitted for single family
and two-family dwell ings. Shall be
secu rely anchored or attached so
T otal size for as to prevent dislocation ,
any single or entang lement or encroachment
onto adjacent properties or public combined st reets, or undue hazard to banners affixed 1 per use per motorists or pedestrians. May be b. Banners Yes No to a wall based N/A
on one half activ ity placed upon a building wall but
(112) the shall not be attached to fencing ,
landscaping , f reestanding posts allowance fo r or utility poles. Banners may be wal l signs. placed only on walls facing a
public st reet or major interior
drive.
MAX IMU M
T YPE O F S IG N A LL OW ED PER M IT SIZ E AN D MAX IMUM MINI MUM OTHE R
RE Q UI RED HEI GHT PE R NU MB ER S ETB ACK RE QU IREM ENT S
S IGN
1. Located on 1. Located on City-owned City-owned 1. Located May be placed on a building ,
property: a fence, or pole on property
permit shall be property: on City-owned by the City of Wheat
issued through maximum area owned Ridge or Jefferson County
c. Communi ty the Department of 50 square property: No School District only. The feet; 2. maximum; 2 . EvenUSponsor Yes of Parks and Located on Located on N/A banner may be in place for up
ship Banner Recreation; public school school to 2 weeks prior to the event,
2. Located on for the duration of the event
public school property: property: itself, and up to 2 days after the maximum area maximum of property: no of 32 squaOl 2 event, not to exceed a total of 4
permit is feet weeks.
required
1 per street
frontage
allowed
between the
time a
Shall not building
exceed 32 permit is Shall not be illuminated. Must be d. Go squa re feet. issued and a located on the property where Construction Yes No certificate of 5 feet
Signs Shall not occupancy is active construction work is
exceed 7 feet obtained or occurring.
in height. any number
of signs
which are
necessary fo r
safety on the
premises.
e. a. Pennants, 1 time per Not pe rmitted for single family
st reamers and Yes Yes None year f or up to None and two -family dwellings.
simi lar de vices 60 days , or 2 Permitted only to advertise
times pe r special events and sales. Shall be
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
year for up to securely anchored or attached so
30 days each as to prevent dislocation ,
time, or 4 entanglement, or encroachment
times per onto adjacent properties or public
year for up to streets, or undue hazard to
15 days each motorists or pedestrians.
time.
9 square feet
for one and
two-family
f. e, Real Estate dwelling -1 per street Shall not be illuminated. Must be
Signs Yes No residential frontage 5 feet located on the property being
uses. 50 allowed advertised.
square feet for
all other uses.
Not to exceed
12 square feet
g. e, Temporary each. Not over 1 per model Shall not be illuminated. Must be
Model Home Yes Yes 7 feet in height home 5 feet located on the property being
Signs if a advertised.
freestanding
type.
No larger than
1 square foot
for every linear Not permitted for single family foot of the side 1 per street and two-famil y dwellings. For 12. Wall or Yes Yes of the building front or major N/A uses which have a rear entry or Painted to which it is interior drive delivery door, 1 nonilluminated affixed. Signs per activity wall sign per use. affixed to
marquees or
awnings shall
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
be considered
wall signs and
shall be
calculated
based upon the
length of the
wall to which
they are
attached or
adjacent to. For
buildings with
flat roofs , wall
signs shall not
extend above
the top of
parapet or
mansard, and if
placed upon a
parapet or
mansard , shall
not extend
more than 3
feet above the
deck line.
13.
Miscellaneous
Shall not advertise or promote a
particular business , service or
a. Artistic "branded" product. A company,
Murals or Yes No None No limit None firm , association , society , etc.,
Sculptures logo is not considered within the
scope of this definition and is
considered a sign.
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
b. Barber Shop No Poles
c . Flags (city,
state, national
only), placards ,
badges , Allowed when located on the ir insignias , or own premises or displayed along similar devices Flagpole must any march or parade route or in of any Flagpole meet setback sockets along any street during a governmental Yes No cannot exceed None requirements of fund-raising drive or other similar agency or civic , 35 feet in -the zone district special event. Any such de vi ces charitable , height. in which they are to be placed within public right-of-religious , constructed. way may only be approved by cit y patriotic, council. political ,
fraternal or
similar nonprofit
organization .
d. Flashing
Signs and No
Search lig hts
e. Historic
plaques ,
cornerstones ,
erected by the
city or historical Shall not Allowable pro vi ded that suc h
agencies Yes No exceed 3 None None designations are in accordanc e
designating an square feet in w ith artic le IX of the Z on in g an d
area or property size . De velop m ent Co de .
of local
historical
importance
I
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
Yes,as
f. Home accessory to Maximum of 2 1 per home 5' if freestanding May be freestanding or wall Occupation a residential Yes square feet in
Signs home size. occupation mounted.
occupation .
g. House or Must meet the provisions of
building address Yes No N/A N/A N/A Chapter 26 , Article IV , Sec. 26-
number signs 419C.
4 square feet
per side . If
freestanding,
shall not
exceed 36
inches in height (i.e. "restrooms ," "no smoking," if within a
required sight "wheel chair entrance ," etc.), or
distance directional (I.e. "in," "out," "ramp,"
h. Informational triangle , or 48 "drive-thru," etc .). May be wall-
Signs inches where mounted, freestanding or
Accessory to Yes No outside of a No limit None attached to other freestanding
the Primary sight distance signs or canopies , but shall not
Use triangle. If an be counted against the allowable
size of another type of perm itted organization sign. May be illuminated by logo is internal light only. incorporated
into the sign,
the logo shall
not exceed 1
square foot in
size.
i. Political Shall not Shall not be located in public
Campaign Yes No exceed 8 No limit None right-of-way or on municipally
Signs square feet in owned property. Shall be
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
size per sign. removed within 7 days following
an election.
j. "Room for Yes No 2 square feet 1 per vacant None Must be on the property for which
Rent" Sign unit it is advertising.
k. Roof Signs No
I. Temporary
decorations or
displays when
such are clearly
associated with Yes No No limit -No limit None
any national,
local or religious
holiday or
celebration
m. Traffic As required by regulation or Control or
Regulatory Yes No No limit No limit None statute of the federal, state or
Signs municipal government.
Allowed only for currently
n. Vehicle licensed , operative vehicles.
signage Yes No None None N/A Banners or temporary signs
attached to vehicles are not
allowed.
Sign shall not Permitted even if it is visib le from
obstruct more outdoors. Those signs which
o. Window or Yes No than 25 percent N/A N/A advertise tem porary uses such as
Door Signs of the door or rummage sales, garage sales and
window area. open houses shall be located on
private property.
p. Menu No Board/Drive
MAXIMUM
TYPE OF SIGN ALLOWED PERMIT SIZE AND MAXIMUM MINIMUM OTHER
REQUIRED HEIGHT PER NUMBER SETBACK REQUIREMENTS
SIGN
Through
Directory Signs
1. Order
Confirmation No
Boards
Section 5: Section 26-710 of th e Code is amended to read:
Sec. 26-710. Commercial, industrial and mixed use zone districts sign standards chart.
TABLE INSET:
TABLE 1. SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL AND MIXED USE DISTRICTS
. --, . --, -., --, .
TYPE OF SIGN PERMIT MAXIMUM S IZE MAXIMUM MINI MUM OTHER ALLOWED REQUIRED AND HEIGHT PE R NUMBER SETBACK REQUIREMENTS SIGN
1. Animated No -
4 square ·feet. Shall
not extend above
the bottom of eave ,
balcony, canopy,
awning or other Can extend into right-of-way
2. Arcade Yes Yes st ructural overhang 1 per business N/A with an approved right-of-way or passageway to permit. which it is affixed.
Minimum height 7
feet above street
frontage or sidewalk
level.
May use up to 50% 1 per street
3. Canopy Yes Yes of the allowed wall frontage or N/A sign allocation for major inte rior
canopies. drive
Must follow the 1 per street 5 feet from any
4. Changeable freestanding and frontage , but no property line if The time lapse between the
Copy Yes Yes wall signage size more than 2 freestanding , change in info rmati on shall not
and height per N/A if wall be less than 15 seconds.
regulations. development. signage.
-
T YPE O F S IGN PER MIT MAX IM UM S IZE MAX IM UM M INI MUM OTHER ALL OW ED A ND HEIGHT PE R RE Q UIRED S IGN NU MBE R SETB ACK RE Q UIRE MENT S
Based on table in 10 feet where Sec t ion 26-708. 50
feet max imum adjacent to
height allowed fo r residentially
zoned retail and service prope rties; 5 businesses wi thin For new development or total
1/4 mile f rom 1 pe r street feet from st reet redevelopment , all new 5. Fr eestanding Yes Yes prope rty line of an frontage , not to right-of-way if f reestanding signs shal l be exceed 2 per under 7 feet in interstate highway developmen t. height, 10 feet placed within landscaped
measu red from the areas.
prope rty line. Any fo r signs 7 to
othe r pe rmitted 15 feet high ,
freestanding sign and 30 feet fo r
shall not exceed 15 signs ove r 15
feet in height. feet high.
Must be part of an approved
master sign plan and must be
10 feet where within v.. mile of the
adjacent to institutional campus,
residentially measured from the property
Shall not exceed 7 zoned line. May not be constructed
6. Institutional feet in height and 2 per properties ; 5 as a pole sign . If located on
Campus shall not exceed feet f r om private property, a written
Identification Yes Yes 32 square feet per institutional street right-of-agreement from the owner
Sign sign face . campus way if under 7 must be obtai ned .
feet in height; May be located i n publ i c r -o-
10 feet for w with approval of a r-o -w
signs 7 feet permit by the public works
high department.
PER M IT MAX IMU M SIZE MAX IMUM MINIM UM OTHER T YPE OF SIGN A LL OW ED RE QUIRED A ND HEIGHT PER NUMBER SETB AC K REQUIRE M ENTS S IGN
Generally, shall
not exceed 10 feet
in height and shall 10 feet where not exceed 50 adjacent to Must be part of an approved square feet per residentially master sign plan and must be sign face . zoned within '.4 mile of the activity 1 of the 2 properties; 5 center, measured from the permitted signs feet from property line. May not be 7. Major may be a street right-of-constructed as a pole sign. If Activity Center Yes Yes maximum of30 2 per major way if under 7 located on private property, a Identification feet tall with a activity center feet in height ; written agreement from the Sign maximum area of 10 feet for owner must be obtai ned . 200 square feet signs 7 to 15 May be located in public r -o-per sign face if feet high; and w with approval of a r -o-w located within 300 30 feet for permit by the department of feet of a state or signs over 15 public works. interstate highway high. as measured from
the base of the
sign .
No, except for
(1) public and
semi-public
signs; (2) "'e Fmilled eRly feF ""blis aRd
Ii. 8. Off-institutional semi ""bli 6 Si!lRS aRd campus billbGamSo-Premises Signs identification For billboards, see section signs; (3) 26-711 major activity
center
identification
signs ; (4)
T YPE O F S IG N PERMIT MAX IMUM S IZ E MAX IMUM M INI M UM OTHE R A LLO W ED RE Q UIRED A ND HEI G HT PE R NUMB E R SE TB ACK RE QU IRE MENT S SIGN
urban
renewal
unified
commercial
development
identification
signs; (5)
billboards; or
signs for
which a -,
permit under
Section 26-
708F has
been issued.
A-frame or pedestal style only. !
Must be Must be anchored to the ground
setback a or weighted sufficiently to
minimum of 5 prevent movement by wind.
feet from any Must only be displayed during
6 square feet per 1 per bus iness normal hours of operation. May +. 9 . Portable Yes Yes side pe r sign . st reet righ t-of-be located on a sidewalk way line if 36 provided that adequate inches or 2 feet
if 36 inches or clearance exists to meet ADA
less in height. requirements. Must be
displayed only on the premise
being advertised.
1 square foot for May extend
each 1 foot of height 1 per street into the right-of-Projecting and wall sign not 8-.10 . Yes Yes of the building wall fron tage per way with an permissible on same wall. Pr ojecting to which the sign is business app roved right -Maximum projection 10 feet. to be attached. of-way permit.
Maximum height ,
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED REQUIRED AND HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN
I
top of wall or
parapet; not to be
roof mounted.
Minimum height , 7
I feet fro m street
frontage or ,
,
sidewalk.
To be May be located off-premises
Q, 11. Public -3 per determined by with approval of property owner
and Semi-Public Yes No 6 square feet per organization or the Community and Community Development
Signs sign attraction De velopment Director. May be located in r-o-
Director w with approval of Publi c Works
Director.
-W.12.
Residential
Subdivision No
Identification
Signs
.t4. 13.
Temporary
Subcategories:
Balloons and 1 time per year Permitted only to advertise
required tethers for up to 60 special events and sales. Shall
cannot exceed the days , or 2 be securely anchored or
a. Balloons or maximum permitted times per year attached so as to prevent
other inflatable Yes Yes building height for for up to 30 None dislocation , entanglement or
devices the zone district in days each time, encroachment onto adjacent
which they are or 4 times per properties o r public streets , or
located measured yea r for up to undue hazard to motorists or
from existing grade. 15 days each pedestrians. Roof mounting is
TYPE OF SIGN ALLOWED PERMIT MAXIMUM SIZE MAXIMUM
REQUIRED AND HEIGHT PER MINIMUM OTH ER
SIGN NUMBER SETBACK REQUIREMENTS
time. pe rmitted.
Shall be securely anchored or
attached so as to prevent
dislocation , entanglement or
Total size for any encroachment onto adjacent
single or combined properties or public streets , or
b. Banners Yes
banners affixed to a 1 per business
undue hazard to motorists or
No wall based on one pedestrians. May be placed
or activity NIA
half (1/2) the -upon a building wall but shall
allowance for wall not be attached to fencing ,
signs. landscaping , freestanding posts
or utility poles. Banners may be
placed only on walls facing a
public street or major interior
drive.
1. Located
on City-
owned
property: a May be placed on a building,
permit shall
be issued 1. Located on City-1. Located on fence, or pole on property
through the owned property: City-owned owned by the City of Wheat
c . Community Department maximum area of property: No Ridge or Jefferson County
Event/Sponsor Yes of Parks and 50 square feet; 2 . maximum; 2. N/A
School District only. The
ship Banner Recreation; Located on public Located on banner may be in place for up
2 , Located school property: school to 2 weeks prior to the event,
on public maximum area of property: for the duration of the event
school 32 square feet maximum of2 itself, and up to 2 days after
the event, not to exceed a
property: no total of 4 weeks.
permit is
required
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED REQUIRED AND HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN
1 per street
frontage
allowed
between the
time a building
Shall not exceed 32 permit is issued Shall not be illuminated. Must
G. d. square feet. and a be located on the property Construction Yes No certificate of 5 feet
Signs Shall not exceed 7 occupancy is where active construction work
feet in heighL obtained or any is occurring.
number of
signs which are
necessary for
safety on the
premises.
1 time per year Permitted only to advertise for up to 60 special events and sales . Shall days, or 2 be securely anchored or EI. e, Pennants , times per year attached so as to prevent streamers and Yes Yes None for up to 30 None dislocation , entanglement or similar devices days each time , encroachment onto adjacent or 4 times per properties or public streets , or year for up to undue hazard to motorists or 15 days each pedestrians. time.
e. f. Real Estate 1 per street Shall not be illuminated. Musl
Signs Yes No 50 square feet frontage 5 feet be located on the property
allowed being advertised .
f. g. Temporary
Model Home No
Signs
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM M INIMUM OTHER AL LOWED REQUIRED AND HEI GHT PER NUMBER SETBACK REQUIREMENTS SIGN
Must be part of an approved
10 feet where master sign plan and must be ,
adjacent to within '!. mile of the unified
14. Urban residentially commercial development,
Renewal Shall not exceed 2 per urban zoned measured from the property I
Unified 10 feet in height renewal properties; 5 line. May not be constructed
Commercial Yes Yes and shall not unified feet from as a pole sign. If located on
Development exceed 50 square commercial street right-of-private property, a written
feet per sign face. way if under 7 agreement from the owner Identification -development feet in height ; must be obtained . Signs 10 feet for May be located in public r-o-
signs 7 to 10 w with approval of a r-o-w
feet h i gh permit by the public works
department.
No large r than 1
square foot for
every linear foot of
the side of the
building to which it
is affixed. Signs
affixed to marquees 1 per street or awnings shall be frontage or For uses which have a rear
no 15. Wallar Yes Yes considered wall major interior N/A entry or delivery door , 1
Painted signs and shall be drive per nonilluminated wall sign per
calculated based activity use.
upon the length of
the wall to which
they are attached or
adjacent to. For
buildings with flat
roofs , wall signs
shall not extend
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED AND HEIGHT PER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS
above the top of
parapet or mansard,
and if placed upon a
parapet or mansard,
shall not extend
more than 3 feet
above the deck
line.
1316. -Miscellaneous
Shall not advertise or promote a
particular business, service or
a. Artistic "branded" product. A company ,
Murals or Yes No None No limit None firm, association, society, etc.,
Sculptures logo is not considered within
the scope of this definition and
is considered a sign.
b. Barber Shop Yes No Cannot exceed 5 1 per street N/A Must be wall mounted. Poles feet in length. frontage
c. Flags (city,
state, national Allowed when located on their
only), of any Flagpole must own premises or displayed
governmental meet setback along any march or parade
agency or civic, Flagpoles cannot requirements of route or in sockets along any
charitable, Yes No exceed 35 feet in None the zone district street during a fund-raising
religious, height. in which they drive or other similar special
patriotic, event. Any such devices to be
political, are placed within public right-of-way
fraternal or constructed. may only be approved by city
similar nonprofit council.
organization
'------
TYPE OF SIGN PERMIT MAXIMUM SIZE MAX IMUM MINIMUM OTHER ALLOWED REQUIRED AND HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN
d. Flashing
Signs and No
Search Lights
e. Historic
plaques,
cornerstones,
erected by the Allowable provided that such city or historical Shall not exceed 3 designations are in accordance agencies Yes No square feet in size. None None with article IX of the Zoning and designating an Development Code. area or property
of local
historical
importance
Yes, as
f. Home accessory to a Maximum of 2 1 per home 5' if May be freestanding or wall Occupation residential Yes square feet in size. occupation freestanding mounted. Signs home
occupation.
g. House or Must meet the provisions of
building address Yes No N/A N/A N/A Chapter 26 , Article IV , Sec. 26-
number signs 419C.
4 square feet per (i.e. "restrooms ," "no smoking ,"
side. If freestanding , "wheel chair entrance ," etc.), or
h. Informational shall not exceed 36 directional (i.e. "in," "out ,"
Signs inches in height if "ramp ," "drive-thru ," etc.). May
Accessory to Yes No within a required No limit None be wall-mounted, freestanding
the Primary sight distance or attached to other
Use triangle, or 48 freestanding signs or canopies,
inches where but shall not be counted against
outside of a sight the allowable size of another
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED REQUIRED AND HEIGHT PER NUMBER SETBACK REQUIREMENTS SIGN
distance triangle. If type of permitted sign. May be
an organization logo illuminated by internal light
is incorporated into only.
the sign , the logo
shall not exceed 1
square foot in size.
Shall not be located in public
i. Political -right-of-way or on municipally-
Campaign Yes No 16 square feet No lim it None owned property. Shall be
Signs removed within 7 days following
an election .
j. "Room for Yes No 2 square feet 1 per vacant None Must be on the property for
Rent" Sign unit which it is advertising.
k. Roof Signs No
I. Temporary
decorations or
displays when
such are clearly
associated with Yes No No limit No limit None
any national ,
local or religious
holiday or
celebration
m. Traffic As required by regulation or
statute of the federal , state or Control or Yes No No limit No limit None municipal government. Regulatory
Signs
TYPE OF SIGN PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER ALLOWED AND HEIGHT PER REQUIRED SIGN NUMBER SETBACK REQUIREMENTS
Allowed only
for currently
licensed,
operative
vehicles which
are primarily Banners or temporary signs n. Vehicle used by its
signage owner for No None None N/A attached to vehicles are not
service, allowed.
delivery or -
general
transportation
on a regular
basis.
Permitted even if it is visible
Sign shall not from outdoors. Those signs
o. Window or obstruct more than which advertise temporary uses
Door Signs Yes No 25 percent of the N/A N/A such as rummage sales,
door or window garage sales and open houses
area. shall be located on private
property.
30 square feet per
sign. Shall not May be wall mounted or
exceed 6 feet in freestanding but will not be
p. Menu height if counted against the allowable
Board/Drive freestanding. If an 2 per 10 feet from number or size of another type
Through Yes Yes organizational logo commercial right-of-way of permitted sign. May be
Directory Signs in incorporated into activity illuminated by internal lighting
the sign, the logo only. No signage or advertising
shall not exceed 1 may be visible from the right-of-
square foot in size. way.
PERMIT MAXIMUM SIZE MAXIMUM MINIMUM OTHER TYPE OF SIGN ALLOWED AND HEIGHT PER SETBACK REQUIREMENTS REQUIRED NUMBER SIGN
May be wall mounted or
freestanding but will not be
counted against the allowable 3 square feet per
10 feet from number or size of anothe r type 1. Order sign. Shall not 1 per drive of permitted sign. May be Confirmation Yes Yes exceed 4 feet in through lane right -of-way illuminated by internal lighting Boards height. only. No signage or advertising
may be visib le from the right-of-
way.
-
Section 6: Safety Clause. The City Coun c il he reby finds , determin e s , a nd d e clare s
that this Ordinance is promulgated under the general police power of the Cit y of Wheat
Ridge , that it is promulgated for th e health , safety and welfare of the publi c 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 7: 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 8: 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 24th day of May , 2010 , ordered it published with Public Hearing and
consideration of final passage set for Monday, June 28 th , 2010 at 7:00 p.m., in the
Council Chambers , 7500 West 29 th 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 28th day of June , 2010 .
,
SIGNED by the Mayor on this ___ day of ________ , 2010.
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: _____________ _
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. c;;l...4~r ()
Series of 2010
A RESOLUTION CREATING THE CITIZEN'S
EXPLORATORY COMMITTEE (CEC) FOR THE PURPOSE
OF PUBLIC EDUCATION AND DEBATE REGARDING THE
EFFECTIVENESS AND EFFICIENCY OF VARIOUS FORMS
OF CITY GOVERNMENT
WHEREAS, a major change in governmental structure is a complex issue. Time
and effort are needed to study the type and scope of any proposed changes; and
WHEREAS, structural changes to City government should be made very openly
with care and debate, and all options should be considered and debated; and
WHEREAS, the City Council is committed to transparent, effective, and efficient
government; and
WHEREAS, the City Council believes it is in the best interests of the citizens to
form a committee of citizens and civic leaders to study the efficiency of our current form
of government;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A CITIZEN'S EXPLORATORY COMMITTEE IS HEREBY FORMED TO STUDY THE
EFFECTIVENESS AND EFFICIENCY OF THE COUNCIL-MANAGER FORM OF
GOVERNMENT AND OTHER FORMS OF CITY GOVERNMENT WITH THE
FOLLOWING CONDITIONS:
1. The committee will make recommendations to the City Council on each form of
government studied.
2. The committee will report its findings to the City Council by July 14, 2010.
3. An independent advisor will be selected to facilitate the meetings.
4. The Office of the City Manger will provide staffing to record minutes of committee
meetings, broadcast committee meetings on Channel 8, and create a committee
web page on the City's website.
5. All necessary funding shall be taken out of general government-legislative
services and/or Office of City Manager budget accounts.
6. The committee shall consist of the following citizens and civic leaders:
a. State Senator Maryanne "Moe" Keller
b. Former State Representative Cheri Jahn
c. Amy Sherman, President & CEO, West Chamber
d. Cheryl Wise, Wheat Ridge Business Owner
e. Larry Shultz, Wheat Ridge Treasurer
f. Ron Abo, Principal, The Abo Group, Resident and Board Member
g. Dewey Bridge, Jefferson County School Principal and resident
h. Gretchen Cerveny, former Mayor and resident
7. This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS 24th day of May, 2010.
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk