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HomeMy WebLinkAboutCity Council Agenda Packet 01/12/2015STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue December 1. 2014 Mayor Jay called the Study Session to order at 6:30p.m. Council members present: Bud Starker, Zachary Urban, Tracy Langworthy, Tim Fitzgerald, George Pond, Genevieve Wooden, and Jerry DiTullio* Absent: Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; Carmen Beery, from the City Attorney's staff; Community Development Director, Ken Johnstone; Planner, Lauren Mikulak; Police Chief Daniel Brennan; Treasurer, Larry Schulz; interested citizens PUBLIC COMMENT ON AGENDA ITEMS A time limit of 15 minutes per "side" was announced by the mayor. Per coin toss, citizens concerned about an increase in the number of marijuana stores in Wheat Ridge spoke first. Rebecca van Vliet (WR) an advanced practice nurse at Lutheran and mother of two believes the marijuana industry has gone beyond de-criminalization and now targets children in its advertising. She listed ill effects of marijuana and told Council they have a responsibility to the children of Wheat Ridge to limit the spread of the marijuana industry in our community. Connie McCoy (WR) urged Council to enact a permanent moratorium on any more marijuana shops and to ban edibles. We need to return to having a wholesome, healthy City-not a marijuana city. Marijuana is unhealthy, will hurt economic growth and it's giving our City a bad reputation. Council put 2A and 2B on the ballot, but not marijuana. Roger Morin (WR) had submitted a report to Council on Wheat Ridge's marijuana demand and requested that it be included as an exhibit to the Study Session. The existing operations in 1\Nheat Ridge would produce 10,500 pounds of marijuana-600% more than is needed by our residents who consume marijuana, not counting the import of edibles and plant stock. The math indicates our City only needs one store. Clayton Trapp (WR), a 1977 WRHS grad, is dismayed at Council. He asked why the Council did not get any citizen input before allowing pot stores in WR-when Golden, Arvada and Lakewood have all turned down pot. He charged Council has circumvented the voices of the people who put them in office, and spoke of recalling councilmembers and the referendum process. Kelly Brooks (WR) asked that the dialog on marijuana continue. There is growing evidence that the commercialization of marijuana is not what people wanted -including 7 more cities that had voted for Amendment 64 and now just voted in November to keep it out of their cities. He's concerned about the cultural shift in the societal perception of STUDY SESSION NOTES: December 1, 2014 Page -2- an addictive, psycho-active and detrimental drug. Through commercialization and normalization we are helping desensitize entire generations while proof of its dangers mount. Mary Fedje (WR) said the City is putting in place 5 drug dealers who will pool their resources, hire expensive attorneys and be able to do whatever they want. She encouraged Council to take this opportunity to put restrictions on this industry-save our City from them owning it. Speakers in support of the marijuana sales in Wheat Ridge followed. Kevin lden (WR) thinks we should be more concerned about the number of massage parlors in WR than the marijuana stores. Options and The Ridge are small family businesses-not conglomerates. He thinks folks who use marijuana are much better off than when they were getting drugs from the Jefferson Center for Mental Health. -As a former teacher he believes alcohol is a much worse problem for kids. -He thinks it is ridiculous to be against something that helps so many veterans who have limited funds and don't have to run to Denver. He's had great conversations waiting in the long lines at Options. No violence. It really helps the people with disabilities . We keep alcohol and pornography away from kids; we can keep marijuana away from kids. Samantha Walsh (Arvada), a representative of Options, asked for a show of hands from people who support Options. She said it's a family owned business that gives back to the community. They pay taxes and adhere to strict regulations. Their profit goes to health care and other benefits for their employees. It's a quiet, energy-efficient business that doesn 't advertise. -There have been many positive effects since Amendment 64 passed. Crime rates and DUI fatalities have gone down . In cities that have opted in to marijuana teen use has gone down. The industry has worked with the state to fund education about edibles and taken steps to minimizing the dose to 10 mg. Amelia Armstrong (Lakewood) spoke to the character of Sandy and Greg. She spoke emotionally about leaving her family and moving to Colorado because she has a brain tumor. Sandy has been very helpful to her and they genuinely care about her health. - Her boyfriend, Alan Schmidt, added they have been a godsend working with her to find the right strains and extracts that will help her. He said demonization of the owners as drug dealers is misplaced . Austin Dardano (WR) said there have been plenty of drugs and marijuana in the City long before it was legalized. He 's observed a decrease in other drugs since the dispensaries opened. He hasn't seen minors with marijuana edibles; he believes they're for older folks and people who can't smoke . He doesn't think kids are attracted to edibles; they just want to smoke and get high and hang out with friends. These businesses are not causing trouble. They create revenue. Jessica Jackson (Golden) comes to Wheat Ridge to buy medicine because Golden doesn't have it. She uses marijuana for medical relief for her fibromyalgia -not for getting high. When she comes here she does other shopping in WR too . STUDY SESSION NOTES: December 1, 2014 Page -3- APPROVAL OF AGENDA .L Staff Report(s) none 2. Elected Officials' Report(s) Councilmember Langworthy reported the WR Housing Authority has their last property going to bids for upgrades. It's off 441h Pl. near the new Hopper Hollow Park. 3. Marijuana Moratorium -Carmen beery, Ken Johnstone, Lauren Mikulak Ken Johnstone opened the discussion with a review of the timeline to date. He said staff and the attorneys have made a collaborative effort to reflect the policy direction Council intended. Carmen Beery, attorney in Jerry Dahl's office, went through the executive summary explaining the provisions in the new ordinance. Seven major policy issues are addressed. 1. Numerical cap Establish a numerical cap on the number of establishments consistent with the number of currently existing or pending establishments: • 5 total "store fronts" (retail, medical and co-located establishments) • 3 manufacturing facilities (retail, medical and co-located) • Establish a "first in time" rule for processing applications if a spot become available 2. Special Use Permit requirement Designate store fronts (where people come in and buy) as Special Uses in the C-1 zone district. • The existing Special Use process would be used, which requires neighborhood meetings, posting, etc. • This is an administrative process unless a written objection is filed, in which case it becomes a public hearing process before City Council. • There are two particular provisions that will be unique to marijuana Special Use permits: • The dormancy period is shortened from one year to six months to trigger the requirement of a brand new application. • The Special Use cannot automatically transfer with the land; any proposed transfer will undergo administrative review by the City. 3. Cultivation activities limited to 5,000 sq ft total. Ms. Beery reminded Council that under current code cultivation operations must be contiguous to the same licensee's store or manufacturing facility. No stand- alone grow operations are allowed. 4. Separation requirements STUDY SESSION NOTES : December 1, 2014 Page -4- • Add a 1 ,000 foot separation requirement for marijuana centers from the Rec Center and improved city parks where children and families might frequent. This does not include open space and the greenbelt. • Current separation requirements that app ly for schools , day cares , and alcohol/drug treatment facilities will remain . • Amend the method of distance measurement to direct aerial measurement ("as the crow flies") instead of the direct pedestrian route , and measure from property line to property line . 5. Co-location • Allow one kind of license to add the other type of license (retail or medical) even if it becomes a legal non-conforming use . Rationale : The land use and impact is the same . Legal non-conforming uses cannot expand or mod ify their site and mainta in the ir legal, non-conforming status . 6. Signage • Incorporate certain state regulations into our Code so the City can enforce it and not have to contact the state . This includes regulations on signage and advertisement via radio , the internet and print-anything that is visible to the public . • Things like billboards , leaflets, sign tw irlers , and mobile signs on cars would be prohibited. • Prohibition of signage that appeals to minors or is false or misleading • Additional regu lations for our Code include: • Prohibit signs that depict images of a marijuana leaf • Restrict the size of the green cross graphic to an area 2 ft x 2 ft • WR would not be the only City adopting these state regulations . • Sign application required to be submitted with business application 7. Bui lding Code clean-up Amendments to the International Building Code (recently adopted) made concess ions to allow for manufacturing activities and hash oil extraction involving water and non -combustible , solvent based extract ion methods . One section of the International Mechan ical Code was overlooked; this ordinance will make all our International Codes consistent on the topic . Ms. Beery spoke briefly on some policy issues not addressed in the Ordinance. • Packaging : State regulat ions on packaging continue to evolve . Staff felt the City doesn 't have the time , availability or expertise to apply technical state regulations and stay current with them as they change . • Establishing one type of City license for both retail and medical manufacturing activity: The state cont inues to require two separate licenses ; the industry is used to getting two separate licenses ; staff doesn't think requiring separate City business licenses is burdensome . Additionally , if the goal is having a simple administrative process to allow an established premise to add either retail or medical marijuana to its existing operation , staff feels that is accomplished with the STUDY SESSION NOTES: December 1, 2014 Page -5- proposed language that allows colocation even when the original location is legal nonconforming. Ken Johnstone distributed the two new maps and gave explanation. Council comments and opinions followed. Staff answered questions as needed. Councilmember Fitzgerald noted that while measuring "as the crow flies" is more practical, it effectively doubles the distance for separation. Mr. Johnstone agreed and said it's a policy issue. Mr. Fitzgerald asked Council to readjust the limit in distance to compensate for that. Council member Wooden confirmed with staff that if the proposed park buffers are adopted a marijuana facility will not be possible at 38th and Miller. There was discussion about changing the method of measurement as a policy change, including the creation of legal non-conforming uses and whether those businesses could be transferred. Councilmember DiTullio arrived at 7:37. Councilmember Wooden challenged the additional policy change Number 3 (colocation of retail and medical manufacturing activity through administrative review). She believes this was not a directive from Council, was added to accommodate one business, and would like to see it approved separately. As a practical matter, Councilmember Wooden also asked that Council be notified of any application, license review or other changes that come in; it is frustrating when citizens call and councilmembers don't even know what's going on. There followed lengthy discussion on Council notification, the maps, the Special Use process, colocation for legal non-conforming facilities and separating the vote on colocation of legal, non-conforming facilities. It was noted that testing facilities are not included in the new provisions. A number of consensus votes were requested but discussion prevailed. During the discussion staff made the following clarifications: • In practice, the City regulates retail and medical marijuana in the same way. • Retail (recreational) and medical storefronts can be co-located. • MIP activity for retail (recreational) and medical products can be co-located. • MIPs and storefronts are both allowed in 1-E zones. • The State requires separate licenses for medical and retail. Following thorough discussion by all and various proposals for wording Councilmember Pond received consensus to do the following: Move forward with the Code amendments that have been drafted, with the exception of the administrative process to allow established premises to add either medical or retail to existing operations as outlined in Number 3 of the additional policy changes. STUDY SESSION NOTES: December 1, 2014 Page -6- Councilmember Urban cautioned against allowing retail establishment to advertise with a green cross as it sends a false message. Disallowing that would also reduce the impact on the community . During discussion staff clarified further that: • Retail storefronts don't have to be co-located with a medical establishment anymore. • State statues provide that MIPs cannot have a storefront as part of their operation. • In state statues recreational marijuana is referred to as "retail". Following further discussion regarding the co-location of retail and medical sales licenses as related to MPI's and storefronts Councilmember DiTullio received consensus to bring the colocation piece forward as a separate ordinance. ADJOURNMENT The Study Session adjourned at 8:36 p.m . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL William "Bud" Starker, Mayor Pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members . Recordings of the study sessions are available for listening in the City Clerk's Office, as well as copies of Ordinances and Resolutions. City Council Minutes December 8, 2014 Page 2 Senior's Resource Center-National Award Recognition Mayor Jay read a proclamation recognizing and congratulating the Seniors' Resource Center for receiving the 2014 Excellence in Not-for-Profit Leadership Award in Nashville, Tennessee this past October. The SRC has delivered quality care options for older adults and their family caregivers for 36 years in the greater Denver-metro area. John Zabawa, director of the Center, thanked the City for its support over the years. CITIZENS' RIGHT TO SPEAK Vivian Vos \WR) mentioned a survey she saw on the City's website. She asked if the new designs that people will be looking at are new designs -or if more money is being spent. -She said if we're going to be tightening our budget we shouldn't be giving it away to developers for 381h and Wadsworth. Rachel Hultin fVVR) encouraged Council to give the community time to process the election before they make decisions. -She talked about some recent pedestrian accidents and asked the City to do what it can to make walking to school safer. Eileen Kratzer \WR) loves the changes that have happened in WR. She walks her children to Compass Montessouri School from the Rec Center one day a week. She and her children are sad that the new budget will not include funds for bike lanes and safe walking. Molly Kratzer fVVR) As a teen she likes to walk on 38th Avenue and be there with her friends. She asked Council to reconsider the cut of funds for sidewalks and bike lanes . Britta Fisher fVVR) congratulated the City and its staff for the holiday lighting last Saturday. She thanked the citizen volunteers, performers and sponsors . -She noted this is WR2020's gth birthday and she encouraged people to donate to WR2020 tomorrow on Colorado Gives Day at www.coloradogives.org . Mark Gauthier fVVR) is concerned that funds will be cut from the budget for bike lanes. He thinks bike lanes are important. Kristine Disney fVVR) thanked the City staff for trying to make Wheat Ridge more walkable . She encouraged Council to let the election results sink in and leave 38th Avenue as three lanes . It's a collector street, not a regional artery . She never encounters any traffic jams and three lanes will make the City a better place to live. APPROVAL OF THE AGENDA 1. CONSENT AGENDA a. Resolution 58-2014-designating the City Hall Lobby as the Official Public Notice Posting Location and the Wheat Ridge Transcript as the Official Newspaper of General Circulation for the City Publications in 2015 City Council Minutes December 8, 2014 Page 3 b. Motion to ratify the Mayoral Reappointment of Tim Rogers to District Ill of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire November 30, 2019 c. Motion to approve the annual Police Radio System contract payment to the West Metro Fire Protection District in the amount of $83,401.43 for Police Radio System Services d. Resolution 65-2014-approving an Intergovernmental Agreement between the City of Wheat Ridge and Renewal Wheat Ridge establishing the Rights and Responsibilities regarding Operational assistance and finding e. Resolution 66-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $77,662 .80 for a Deposit to purchase Solar Panels in the Clean Energy Collective Community-owned Solar Array [For details see Nov.3, 2014 Study Session Notes] f. Resolution 62-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $25,000 for City Attorney Fees [Necessary to cover extra legal preparation for marijuana policy issues, Fruitdale School transactions, and the November ballot.] Councilmember Davis introduced the consent agenda . Motion by Councilmember Davis to approve the Consent Agenda ; seconded by Langworthy; carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 57-2014 -Adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2015 Budget Year Councilmember Langworthy introduced Item 2. Mayor Jay opened the public hearing. Heather Geyer gave the staff presentation . • The 2015 General Fund Budget is balanced. • Following initial presentation of the budget $794,206 in additional cuts were made per Council 's direction to balance the budget. • Transfer to the Capital Investment Program (CIP) fund is approximately $2 .5M . • The unrestricted fund balance is decreased to 17% -the minimum reserve level per Council policy. • Long term challenge : No funding beyond 2015 for capital needs. City Council Minutes December 8, 2014 Page 4 • Projected revenue of $36M, plus $13M on hand = $49M available funds overall (7% decrease compared to 2014 revenues). • Projected expenditures are $41.2 M (includes General Fund, the CIP ($7.6M) and 8 Special Funds ($4.7M) (an 18% decrease from 2014). • General Fund (72%), CIP (16%), Rec Center (6%), Open Space Fund (3%), Conservation Trust Fund (1 %), Other special funds (2%) • Projected General Fund Revenues approx. $29M, plus estimated available fund balance of $8.4M =$37M available (a 5% decrease from 2014 primarily due to a large one-time revenue generated from a sales tax audit in 2014). • 60% of the General Fund revenues are from Sales Tax. (Sales tax revenue is projected to increase by 7% compared to 2014 adjusted revenue.) Remainder is from use tax, other small taxes and fees. (Overall, total General Fund revenues for 2014 are projected to increase by 10% compared to 2013 actual revenue and increase by 10% compared to 2014 adjusted revenue.) • General Fund expenditures are decreased by 7% compared to 2014. • Breakdown of proposed 2015 General Fund expenditures: Police 33%, Public Works 15% Parks/Rec 15%, Administration 11%, Central Charges 10%, General Govt 9%, and Community Development 4%. • Expenditures for Economically Viable Commercial Areas o WR Urban Renewal-$300,000 (reduced from $450,000) o ESTIP/tax increment financing--$400,000 o Ridge at 38 public events-$88,600 (reduced from $98,600) o Citywide public relations and marketing--$80,000 o Community engagement and communication (to WR2020) --reduced to zero o WR Business District loan program--$45,000 o Live Local events (to WR2020) $40,000 o Building Up Business Loans (BUBL) (to WR2020) --$25,000 o Ci~ide marketing and positioning tours (to WR2020)--$15,000 o 44t Ave marketing--$10,000 o 29th Avenue marketing--$5,000 o Kipling Corridor planning efforts-$101,700 (reduced from $151 ,700) o Ridge at 38 banner and lights program --$15,000 • Expenditures for Providing Quality Services o Street maintenance -originally $1.6M; increased to $3.3M by Council o Equipment replacement-originally $125,000; reduced to zero by Council o Fleet acquisition/replacement--$471,000 (reduced from $516,000) o Employee compensation increase of 3% --$450,000 o Regionalization for Police Records Management--$235,000 o Lakewood crime lab services--$69,600 o City Hall LED lighting retrofits-originally $35,000; reduced to zero o Regional crime lab --$31 ,280 o Employee safety and wellness program--$21,950 (reduced from $30,950) o Priority Based Budgeting --$17,000 • Expenditures for Desirable Neighborhoods o Prospect Park Improvements--$300,000 (Open Space) o Outdoor pool maintenance $180,000 (OS) City Council Minutes December 8, 2014 Page 5 o Pedestrian /bicycle Improvements (CIP budget)-originally $100,000 ; reduced to zero ; funds shifted to preventative street maintenance o Rec Center maintenance--$100,000 (Conservation Trust Fund) o Stites Park playground replacement--$85,000 (CTF) o Active Adult Center parking lot replacement--$75,000 (CTF) o Kipling Pedestrian Trail improvement grant match--$70,000 (OS) o East WR Block Improvement Program (to WR2020) --$35,000 o Traffic signal upgrades --$28,500 o Home Investment Loan Program (to WR2020)-$25 ,000 o Hayward Park outdoor fitness equipment --$25,000 (CTF) o Police community -oriented neighborhood programs--$17,655 o Police greenbelt patrol--$17,280 o Aging Needs Plan implementation-originally $13,000; reduced to zero o Police special events overtime--$10,000 • Expenditures for More Attractive WR o Kipling multi-use path and lighting--$2,835,000 (partially grant funded)(CIP) o Parks and trails maintenance--$230,000 (CTF and OS) o Open space Improvements--$90,000 (OS) o City right-of-way maintenance--$55 ,636 o Bus shelter/bench maintenance and cleaning --$36 ,000 o Public art acquisition--$20,000 (Public Art Fund) o Ridge at 38 annual planting--$5,000 o Large item pick-up program--$5,000 • Other notable budget items o Carnation Festival/Circus-reduced to $50,000, plus in-kind $28,000 o Seniors Resource Center circulator bus--$30 ,000 (no increase) o Jeffco Public Schools outdoor lab-originally $16,450; reduced to zero o Arvada Food Bank--$10 ,000 (reduced from $15,000) o Feed the Future Backpack Program --$10,000 o Action Center capital campaign-originally $10,000; reduced to zero o Outside agency requests--$10,000 o Regional Air Quality Council --$4,000 o Kite Festival--$3,000 o Exempla Lutheran Leaves of Hope event--$2 ,500 o Jefferson Center for Mental Health --$ 2,500 o Wheat Ridge HS Farmers 5000 -$2,500 o Wheat Ridge Active Transportation Advisory Committee--$1,000 • Consolidated Citywide contingency fund--$100,000 • Biennial citizen survey $21,000 • The 2015 CIP budget anticipates $7.6M in available funds and $7 .5 for expenditures . Street improvement projects (53%), preventative street maintenance (44%), drainage (3%). • Other CIP major projects (besides the ones already listed) o Gold Line Station street project--$630,000 (fully grant funded) o Wadsworth Planning Environmental Linkage (PEL) --$470 ,000 (partially grant funded) City Council Minutes December 8, 2014 Page6 o Storm sewer outfall replacements along Clear Creek --$250,000 o Maple Grove Reservoir improvements--$10,000 o ADA transition plan (for sidewalk accessibility) --$50,000 o Projects eliminated/postponed include $225,000 for the 29th & Fenton intersection; $150,000 for the Traffic Management Program traffic calming and traffic signal upgrades); $25,000 for the Public Works/Parks shops; and $15,000 for street lights. Public Comment Rachel Hultin (WR) spoke from the Active Transportation Advisory Team asking Council to return to the budget the $100,000 for walking and bike lanes so it can be leveraged for regional connectivity. Scott Christopher (WR) asked the Council to reconsider the $100,000 for bike/ped infrastructure. He believes it is good for businesses and jobs. Vivian Vos (WR) asked that a treasurer's report be available online . She'd like to see financial reports from the other entities that the City gives money to. She questioned a few of the numbers and asked for clarification. Christine Disney (WR) spoke as a proud board member of WR2020 and thanked the City for funding WR2020. She'd like to see the $50,000 for Communication and Engagement reinstated to the budget. Adam Wylie (WR) asked that the $100,000 be returned to the budget for bike/ped infrastructure. Monica Duran (WR) said if the City is so strapped for money there shouldn't be money for WR2020. It was to become self-funding in 5 years; it's drifted from its original purpose and become an event planning group and political mouthpiece; it hosts phone banks for City candidates and ballot issues . Transparency and checks/balances are needed. Britta Fisher (WR) thanked the City for its commitment to WR2020's core programs . She said WR2020's finances are available on their website. She thinks WR2020 needs to tell its story better so people will understand what they do. She asked Council to consider returning $20,000 of the $50,000 it cut for Communication and Engagement. Mayor Jay closed the public hearing. Motion by Councilmember DiTullio to discuss the budget, make amendments if needed, and approve the amended budget on Dec. 15 at a special meeting following the Study Session; seconded by Councilmember Fitzgerald. Discussion followed. City Council Minutes December 8, 2014 Page 7 Motion by Councilmember Fitzgerald to postpone (table) the vote on Councilmember DiTullio's motion until after discussion of the budget; seconded by Councilmember Pond; carried 5-2. Motion by Councilmember Starker to approve the 2015 Budget as presented; seconded by Councilmember Pond . Motion by Councilmember DiTullio to amend the budget to allow for a 2% salary adjustment and to allocate the savings [$100,000] for the bike/ped program; seconded by Councilmember Davis . Discussion followed . Councilmember Fitzgerald called for the question . Councilmember DiTullio asked for division. Mr. Dahl advised this particular question, with related elements, could not be divided. Call for the question carried 7-0. The motion to amend the salary adjustment to 2% and allocate the savings to the bike/ped program failed 3-4, with Councilmembers Langworthy, Fitzgerald, Pond, and Starker voting no . Motion by Councilmember DiTullio to replace the 3% staff raise with a 3% stipend midyear; seconded by Councilmember Urban. Discussion followed, including suggestions by Mr. Goff for elimination of some positions. Motion failed 2-5 with Councilmember Langworthy, Fitzgerald, Pond, Davis and Starker voting no. Motion by Councilmember Starker to reduce the CIP budget from $3 .3M to $3 .2M, and allocate $100,000 to the bike/ped plan; seconded by Councilmember DiTullio ; carried 7-0. Motion by Councilmember Starker to approve a "purse" prize of $2 ,500 for use by the Carnation Festival Parade for a battle of the high school marching bands; seconded by Councilmember DiTullio. Discussion followed. Motion carried 7-0. City Council Minutes December 8, 2014 Page 8 Motion by Council member DiTullio to return the money for two new speed trailers ($26,000), to be funded from the Citywide contingency fund or a source determined by the City Manager; seconded by Councilmember Starker. Following discussion the motion carried 5-2, with Councilmembers Fitzgerald and Langworthy voting no. Motion by Councilmember Urban to add a footnote to the budget that any non-profit organization or event to which the City gives over $5,000 will submit their 501 (c)3 designation or some proof of non-profit status, along with the following : • an audited financial statement • an anti-lobbying statement that monies from the City will not be used for lobbying or other political activity • a budget for the monies received from the City • the goals for the monies received from the City (to later evaluate success); seconded by DiTullio. Following some discussion Councilmember Fitzgerald called for the question . This failed 5-2, with Councilmembers Urban and DiTullio voting no. A supermajority (%)is required . Discussion continued. Motion by Councilmember DiTullio to amend Mr. Urban's motion to have the footnoted restriction apply only to WR2020; seconded by Councilmember Urban; failed 3-4 with Councilmembers Langworthy, Fitzgerald, Pond and Starker voting no. Councilmember Urban 's original motion (requirements for all non-profits) failed 1-6 with Councilmembers Langworthy, Fitzgerald, Pond, Davis, Starker, and DiTullio voting no. Motion by Councilmember DiTullio to return $100,000 for Traffic Calming and $10,000 for street lights from unallocated reserves; seconded by Councilmember Urban. Discussion confirmed that 1) the $100,000 would include funding for Neighborhood Signage as indicated in the budget presentation, and 2) that approval of this motion would put the City's reserves below 17%. The motion carried 5-2 with Councilmembers Langworthy and Fitzgerald voting no. Motion by Councilmember DiTullio to table the vote on approval of the budget to allow for a vote on his earlier motion to delay approval of the budget until December 15; seconded by Councilmember Fitzgerald ; carried 7-0 Councilmember DiTullio's motion to postpone approval of the 2015 Budget until December 15 failed 0-7 City Council Minutes December 8, 2014 Page 9 Councilmember Starker's motion to approve the 2015 Budget as amended carried 7-0. A break was taken at 9:47pm . The meeting reconvened at 9:53. Councilmember Langworthy did not return. 3. Council Bill 15-2014-approving the rezoning of property located at 6904-6940 W. 48th Avenue from Residential -Three (R-3) to Planned Residential Development (PRO) (Case No. WZ 14-05/Somerset) 4. Resolution No. 59-2014-approving a specific Development Plan for a Planned Residential Development (PRO) located at 6904-6940 W. 48th Ave. (Case No. WZ-14-05/Somerset) 5. Resolution No. 60-2014-approving a 19-lot Subdivision Plat with Right-of-way dedication for property zoned Planned Residential Development (PRO) and located at 6904-6940 W. 48th Ave . (Case No. WS-14-01/Somerset) Councilmember Urban introduced Items 3, 4 and 5 as a unit. Mayor Jay opened the public hearing and swore in the speakers. Lauren Mikulak , city planner, gave the staff presentation. She entered into the record the case file and packet material , the zoning ordinance, the Comprehensive Plan and the digital presentation . All three agenda items relate to one property. These steps are necessary to convert the 19 existing condominiums to townhomes. The components are rezoning , an outline development plan and a subdivision . No physical development is being proposed. Chuck Ochsner (Arvada) said the goal is to take this from condos to townhomes so they are financeable . He owns 12 of them . WR2020 owns three. He would like to dispose of his units so they become owner occupied . WR2020 would be able to sell theirs as well. Mayor Jay closed the public hearing. For Agenda Item 3 Motion by Councilmember Urban to approve Council Bi1115-2014 , an ordinance approving the rezoning of property located at 6904-6940 W. 48th Avenue from Residential-Three (R-3) to Planned Residential Development, known as the Somerset Homes Townhomes PRO, on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-1 09 of the Code of Laws . City Council Minutes December 8, 2014 Page 10 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26-303.0 of the Code of Laws. 4. All requirements of an Outline Development Plan have been met. With the following conditions : 1. Typo corrections shall be made prior to recordation. Seconded by Councilmember Starker; carried 6-0. [Clerk's note: This Ordinance was later assigned Ordinance# 1561.] For Agenda Item 4 Motion by Councilmember Urban to approve Resolution No. 59-2014, a resolution approving a Specific Development Plan for property located at 6904-6940 W. 48th Avenue and known as the Somerset Homes Town homes PRO and that it take effect upon recordation, for the following reasons : 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 of the Code of Laws. 2. The request has been reviewed by the Planning Commission , which has forwarded its recommendation of approval. 3. The requested rezoning has been found to comply with the "criteria for review" in section 26-303.0 of the Code of Laws. 4. All requirements of a Specific Development Plan have been met. With the following conditions: 1. Typo corrections shall be made prior to recordation . Seconded by Councilmember Starker; carried 6-0 . For Agenda Item 5 Motion by Councilmember Urban to approve Resolution No . 60-2014, a resolution approving a 19-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development and located at 6904-6940 W. 48th Avenue for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation. 3. The subdivision plat had been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer's expense . With the following conditions: 1. If lender signatures are obtained by separate documents, they shall be removed from the plat prior to recordation. City Council Minutes December 8, 2014 Page 11 Seconded by Councilmember Starker; carried 6-0. 6. Resolution No. 61-2014-approving a 20-lot Subdivision Plat with Right-of-Way dedications for property zoned Planned Residential Development (PRO) at 7671 W. 32nd Ave. and 3299 Wadsworth Blvd (Case No . WS-14-04/Yukon Grove) Councilmember Fitzgerald introduced Item 6. Mayor Jay opened the public hearing and swore in the speakers. Meredith Reckert, city planner, distributed an amended motion which includes an added condition . She gave the staff presentation. She entered into the record the subdivision regulations, the case file and packet material, and the contents of the digital presentation. All posting and notices have been made. City Council already rezoned this property for this project in September. The Outline and Specific Development Plans have been approved by the Planning Commission and will not come to Council. Tonight's resolution is to do the subdivision . The ODP/SDP includes 20 single-family homes with minimum 50 ' wide lots, minimum lot area of 3,500 sq ft, reduced setbacks (10' front , 5' side , and 15' rear}, shared driveways , a community garden element and cottage style architecture . She noted the appendage out to Wadsworth will be a community garden. Council had asked for negotiations with Consolidated Mutual about the possibility of leaving the water easement unpaved . This is still being negotiated and a resolution is likely. The amended motion that was distributed enables continued negotiations . There is also a five foot wide strip of unclaimed property on the western border that needs to be incorporated into the development. This gap is owned by Jefferson County. Negotiations have occurred with the four property owners to the west. Those property owners will be giving up any rights to that land. The drainage plan has been approved and all agencies can provide service Bill Fritz (Littleton), the applicant , said there is a tap dedicated for the garden. Mayor Jay closed the public hearing . Motion by Councilmember Fitzgerald to approve Resolution No. 61-2014, a resolution approving a 20-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRO) at 7671 W. 32"d Ave . and 3299 Wadsworth Blvd (Case No. WS-14-04/Yukon Grove), for the following reasons : 1. City Council has conducted a proper public hearing , which met all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subd ivis ion has been reviewed by the Planning Commission, and their recommendation was forwarded for approval. City Council Minutes December 8, 2014 Page 12 3. The subdivision plat had been found in compliance with the PRO standards and Article IV of Chapter 26 of the Code of Laws . With the following conditions: 1. The drainage agreement with the property owner to the north be executed and recorded prior to plat recording. 2. Sheet numbers and lot widths be added to Sheet 2 of the plat document prior to plat recording. 3. The fees in lieu of parkland dedication in the amount of $49,945 .80 be paid prior to plate recording. 4. A standard Subdivision Improvements Agreement with the security be executed prior to plate recording . 5. Inclusion of the gap property into the plat be allowed without additional review by City Council. 6. City Council authorizes staff to continue working with Consolidated Mutual Water on the surfacing of the water line easement extending over to Wadsworth with the intent of reducing the amount of hard surfacing in the development. Seconded by Councilmember Pond ; carried 6-0. ORDINANCES ON FIRST READING 7 Council Bill No. 16-2014-approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-one (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan (Case No. WZ-14-09/Applewood Village Shopping Center) Councilmember Pond introduced Item 7. The purpose of this application is to incorporate new ownership parcels, consolidate the boundary of the center and prepare several existing building pads for new development. Motion by Councilmember Pond to approve Council Bill No . 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on first reading, order it published, public hearing set for Monday, January 12, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Fitzgerald; carried 6-0. 8. Council Bill No . 17-2014-vacating any interest held by the City in a portion of 441h Avenue, a public roadway City Council Minutes December 8, 2014 Page 13 Councilmember Davis introduced Item 8. The Wheat Ridge Housing Authority is in the process of selling the historic Fruitdale Elementary School to Fruitdale Building Corporation. The property will continue to be used as a school and there are restrictions preserving the architectural features and name of the school. When the title work was prepared for transfer a potential defect was discovered-some inaccuracy in the original deed, creating a potential claim that approximately 31 feet of property on the southern side, bordering 441h Avenue, might have been subject to a dedication as right-of-way. This area isn't used by the City as right-of-way and is outside of any potential for such use . Official vacation of this area will facilitate the Authority's sale of the property. Motion by Councilmember Davis to approve Council Bill No. 17-2014-vacating any interest held by the City in a portion of 44th Avenue, a public roadway; seconded by Councilmember Starker; carried 5-1, with Councilmember DiTullio voting no. DECISIONS, RESOLUTIONS AND MOTIONS 9. Resolution 63-2014-Levying General Property taxes for the year 2014, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2015 Budget Year Councilmember DiTullio introduced Item 9. The City's property tax mill levy will remain at 1.830 mills, raising $739,930 in property tax revenue. Due to a decrease in total net assessed valuation for the City this is $11,959 less compared to 2013. Motion by Councilmember DiTullio to approve Resolution No. 63-2014, a resolution levying a mill levy of 1.830 on general property tax for the year 2014, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2015 budget year; seconded by Councilmember Urban; carried 6-0 . 10 . Motion to elect the Mayor Pro Tempore Councilmember DiTullio introduced Item 10. Mr. DiTullio nominated Councilmember Starker to be Mayor Pro Tern. He accepted. Motion by Councilmember DiTullio to elect Bud Starker as Mayor Pro Tempore, effective immediately, term to expire upon election of his successor; seconded by Councilmember Fitzgerald; carried 6-0 11. Resolution 64-2014 approving an Intergovernmental Agreement with the Urban Drainage and Flood Control District and the Regional Transportation City Council Minutes December 8, 2014 Page 14 District for the construction of drainage and flood control improvements for the Arvada Channel, between Miller St. and Oak St. Councilmember Starker introduced Item 11 . This Arvada Channel IGA relates to the construction of storm sewer that will serve the Gold Line. This particular project provides the last segment between the Target in Arvada and the Ward Road Station . Mark Westberg gave the staff presentation. The budget for this particular IGA is just under $2 .2M. RTD will contribute $1.5M, Urban Drainage will about $650,000 . We already have almost $50,000 in a fund with Urban Drainage that will be rolled over for this so no new funds will be required from the City for this IGA. Mr. Westberg did note that another $350,000 will be due from the City in 2015 as the bid for the project came in at $2.7M. (Our share of the overage is $350,000 .) An amended IGA will follow. -He was pleased to add that the estimate for the full project, Ward to Miller, in 2011 was $8-9M . Even with the extra $350,000, the City's total contribution toward completion of the system will be $1 .15M, which is 13-14% of the original budget. Mr. Goff said the $350,000 is not in the 2015 budget because they just got the numbers recently. When the funds are needed he will bring it back to Council and hopefully have additional revenues for it. Motion by Councilmember Starker to approve Resolution 64-2014 approving an Intergovernmental Agreement with the Urban Drainage and Flood Control District and the Regional Transportation District for the construction of drainage and flood control improvements for the Arvada Channel, between Miller St. and Oak St; seconded by Councilmember DiTullio; carried 6-0. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver announced that the final financial reports from the issues committees for the recent election have been turned in and are available for public review on the City website. ELECTED OFFICIALS MATTERS Jerry DiTullio asked that the back-in parking be removed on 38th Avenue . Motion by Council member DiTullio to direct staff to remove the back-in parking [on 38th Avenue] and replace it with parallel parking. This project to be brought back to Council only if the cost is greater than $5,000 in cash, not including staff labor; seconded by Councilmember Urban; carried 6-0 City Council Minutes December 8, 2014 Page 15 Motion by Councilmember DiTullio that staff remove the two planters [on 38th Avenue] west of Pierce, south side, from the right-of-way and that they be moved to a more suitable location on 38th; second Councilmember Urban; carried 4-2, with Councilmember Fitzgerald and Pond voting no. Kristi Davis shared some discussion points from a recent Urban Renewal meeting, which included public input, concerning upcoming development at 38th & Wadsworth. -Regarding concerns about giving tax increment financing to retail chains for infrastructure when the City is hurting for money: She noted there is currently zero revenue coming from this property; to allocate some portion of the new revenue for public infrastructure didn't seem unreasonable. We'll still be getting more than zero. -Regarding the wetlands, she said that appropriate drainage will be required. -The developer said that he would be asking for TIF financing regardless of what kind of grocery he was bringing in . -She encouraged people to be realistic about the property, what Wadsworth is and what drives the market. ADJOURNMENT The City Council Meeting adjourned at 10:55 pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON January ,2015 Bud Starker, Mayor Pro Tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. Council Action Form-Bus Shelter Cleaning and Snow Removal Services January 12 ,2015 Page2 30 bus shelters and bi-weekly refuse collection and as-needed cleaning services for 66 bus benches. RECOMMENDATIONS: Staff recommends that City Council approve the encumbrance of$36,000 for bus shelter cleaning and snow removal services and for bus bench refuse collection and cleaning services by Front Range Services , Inc. of Commerce City, Colorado. RECOMMENDED MOTION: "I move to encumber funds for bus shelter cleaning and snow removal services and bench refuse collection and cleaning services in 2015 , in a total amount not to exceed $36 ,000." Or, "I move to postpone indefinitely encumbering funds for bus shelter cleaning and snow removal services and bench refuse collection and cleaning services in 2015 , in a total amount not to exceed $36 ,000 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink, Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. Bus Shelter Cleaning and Snow Removal Services Agreement o I • JP'wfi~t~e RFB-12-21 SUS SHELTER CLEANING AND SNOW REMOVAL SERVICES AGRE ENT THIS AGREEMENT made this .talb. day of .&I.Y.a 2012, by and between the City of Wheat Ridge. Colorado . hereinafter referred to as the "City" or ·~ and FRONT RANGE SERVICES, INC., a Colorado Corporation, located at 8MO E. 54 ·PLACE. COMMERCE CITY, CO 10022, herelntfter referred to as the ·eontractof'. WITNESSETH, thai the City ot Whea Rldge and the Contradot' agree as folows : ABDCLE 1 -SiftYJCES The Contractor shall HMt as the City's Contractor and provide as a minimum of tf1e prcfesaional seNices reqt.rired as per RFP·12·21 BUS SHa TER CLEAN G AND SNOW REMOVAL SERVICES, as more fully de cribed In the Request f« Proposal (Exhibit I) and the response of the Contract« to the RFP (Exhibit II) Incorporated hentln by reference . MDCL£ 2-TERM The term of ttf Agreement shall be thrpuab July 31. 20131 with the option to renew for up to four (4) additional one-yg-tenn . Pricing shaD remain firm for each renewal period. ARmLE 3 ·PAYMENT MD f£E SCHEDULE Ills understood and egreed by an(J between the parties to honor the proposed fee schedule for services . A. lnyok:et Invoices wll be submitted by the Contractor monthly for services performed and expenses ncumtd pursuant to this Agreement during the prJor month. The processing of payment wiJ be expedited by the TreasUtel"s Olfioe through proper accounting proc:edura. Payment Will be made to the Contractor within thirty (30} days of the rec:e.,t of the appt'OVed Invoices for services rendered . B. Funding There Is in effect Within the City of Wheat Ridge. Colorado, a ptOYision Cf the City's Code of Laws which limb the amount for which the City shalt be liable to the amount expressly appropriated by the City Council, either thrOugh budgeted apprOpriation, or conttact or bid award . The contractor Is specifiC811y advised of the provisions of this portion of the Code of Laws d the City d Wheat Ridge, which was enacted pursuant to Ordinance 787. Series of 1989. and expressly Incorporated herein. ARTICLE 4 -INDEPEHDEHT CONIRACTQR A. tn performing the work under th s Agreement, the Contractor acts as an independent contractor and is solely respons ble for necessary and adequate worker's eompensatiOn insunmoe. personal Injury, CJnd property damage Insurance. as well as errors and omissions Insurance. The Contractor, as an Independent contractor. is obligated to pay fedenll and state Income tax on monieS earned. The personnel employed by the Conttactor are not and shan not become emPlOyees , agents or servants of the City becau$e Of the performance of any work by this Ageement. B. The Contractor warra.nts that ft has not employed or retained any company or person, other than a bOnatlde employee wortcing .solely for it , to soliCit or secure this Agreement , and that it has not paid or agreed to pay any company or person, other than bona fide employees wortlng solely for the Contractor, any commission. percentage, brokerage fee, gifts, or any other conalderatJon, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability or in Its discretion to deduct from the Agreement price or consideration , or otherwise recover 1t1e fun amount of such fee, oommlsslon, percentage , brokerage fee . gift, or contingent fee . Attachment 1 ARTICLE 5 -IN§UMNCE In accordance with Artide 41 above . the Contractor shall fum h a certificate of insurance upon notifteation of award and prior to perlonnance . Worlt shall not commence under this Agreement until the Contractor has submitted to the City and rece ived approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance. Type 0[ Insurance Standard Workers' Compensation Including Occupational Disease Coverage & Employer's Liability Insurance Comprehensive General Liability lnSUiatlCe Comprehensive Automobne Minimum Limits of Yabftity Statutory in conformanoe With the compensation laws of the State of Colorado , covering all employees at work site $600,000 combined s ngle limit, per occurrence; $1 ,000,000 minimum aggregate limit $1 ,000 ,000 combined s ogle limit Uabll' y policies and/or CertifiCate of Insurance shaft Include the City of Wheat Ridge as an additional named lnsuted. Requ ired Coverage shall be as required by the Department of Transportation and Public Utllitl~ Comm ission rules and regulations . Nothing herein shal l be deemed or construed as a waiver of any of the proteolloos to. which the Agencies may be entitled .pursuant to the Colorado Govemmentallmmunity Act , sections 24-10-101 . C.R.S ., as amended . ARUCLE 6-INDEMN!FICA!IQN The Contractor agrees to t lndernnify and to hold the City and Its agents harmless for , from and aga inst any and an claims , suiti, expenses, damages or other lla If s, UdltiQ reasona e attorney fees a cou cost arising out of damage or Injury to persons , ent ities , or property causes or sustained by eny person or persons a a resuh of the negUgent perlormance or failure of the Contractor to provide services pursuant to the tenns of this Agreement ARTfCLE 7-CHANC}I:. OBQEBS OR EXJENSIQNS The City may, from time to time , requ ire changes In the scope of services of the Contractor to be performed herein . Such changes , Including any increase or decrease tn the amount of the Contractor's compensation . must be mutually agreed upon In writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes In serviceS , pursuant to the Request for ProPQ$81. or ff no provision exists , pursuant to the terms ofthe Change Order. ARTJCU: 8-EQUAL EMPLOYMENT OPPORTUNJTY The Contractor shall not discriminate against any employee or applicant for employment because of age, race , color , re11g on . sex , or national orig in. The Contractor shall adhere to acceptable aff~tmative action guide! nes in select ing employees .and shall ensure that emplo~ are treated equally during employment . without regard to their age , race , color, religion. sex , or national orig n. Such action 5haiJ indude, but not be limited lo the following : employment , upgrading , demotiol'l or transfer • .-ecruttmenl. or recruitment advertis ing. layoff' or termlnatlon , rates of pay or other fotms of compen68tlon , and seleotion for tra ining , Includ ing apprenticeship .• The Contractor agrees to post In consplcuou places. available to employees and applicants ro r employment , notJces provided by the local publiC agency setting f011h the prOVis.lons or this nond iscrimination clause . 2 The Contractor WI cause the foregoing provisions to be Inserted in all subcontracts for any wort~ covered by th s Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARDCLE p-CHARTER. LAws AND ORDINMCEJ The Contractor at al times during the performance of this Agreement. agrees to strictly adhere to all applicable Federat, State and Local laws, rvles. regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 10-LAW MP VENUE The laws of the Slate of Colorado shall govem as to the interpretation , validity, and effea of this Agteement. The parties agree that venue and jurisdiction ror d sputes regard ng performance Of this contract is with the District Court of Jefferson County, Colorado. A8DCLE11-JERMWADON The Contractor ac:;knoWiedges that his failure to accomplish the work as described shall be considered a material breach of the c:ontract and entitle the City to consequential damages resulting from failures, acts, or omissions InCluding but not limited to reproc:urement costa. insufficient or lmptOper work. The City and the Contractor agree this contr:act may be canceled for cause by either party lMth a fifteen (15) day prior written notice. The cost of completing the portion of the WCltk whiCh remains unperformed at the time or such tennlnatlon. shall be deducted from the contract price before payment it made . The City may terminate the Agreemel'll for its convenience upon thirty (30) days written notice. In the event of such term nation. the Contractor wiO be paid for all work and expenses incurred up until the time of aud'l termination . All work ac:compl ' hed by the Contractor prior to the dale of such tennination shaJJ be recorded. nd tangible work documents shall be transfetred to and become the sole property of the City prior to payment for servk:es rendered . ARDCLE 12-NOTICES Notice or eommunlc8tion given pursuant to this Agreement shall be made In writing to: City Contect: . ~ConUct ' Grea Knudson leonard Austin Operations Manager. Public Works Front Ranae Setvices Inc. 11220W. 45 .. Avenue 6980 E. 54 ... Plaoe Wheat Ridae. CO 80033 Commerce City. CO 80022 aknud ""'"I. .co~ fron oet Phone: 303-205-7601 . Phone: 303-591·7197 Fax: 303-423--3578 Fax : 303-399-4313 ARTIClE 13-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arisfng hereunder cannot be assigned, delegated , nor subcontrected except with the express written .consent of the City. The subcontractOl$ permitted by the City shall be subject to the requirements of thjs Agreement, and the Contractor is responsible for all subcontracting arra_ngements and the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any sub-contractor. ARTICLE 1~-SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be 3 accomplished with n the Intent of the Agreement. the terms of this Agreement are ~rable , and shouJd any term or provision hereof be declared lnval d or become inQperative for any reason. such invalidity or fa lure shall not affecllhe validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be ()OflStrued as a waiver of any other term , or the same term upon subsequent breach. ARTICLE 15 -INJEGBADON OF UNDERSTANQINGS Th ' Agreement is Intended as lhe complete integration of all understandings between the parties . No prior or contemporaneous addition , deletion , or other amendment hereto shall have any force and effect whatsoever , unless embodied herein in writ ng . No subsequent novation , renewal, addlt on . deletion , or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Contractor. !RTICLE 16-ILLEGAL ALIEN COMPLIANce ILLEGAL ALIENS-PUBLIC CONTBACJS FOB SERVICES . CBS 8-17 .5-101 and Public Law 208 , 104111 Congress , as amended and expanded in Public Law 156, 1o8"' Congress , as amended : The Contractor certifies lhat he/She shell comply with lhe provis ons of CBS ~17 .5-101 et seq . The Contractor shall not knowingly employ or contract With an legal allen to perform work under this contract or enter Into a contract with a subcontractor that knowingly employs or contracts with an Hlegal alien . The Contractor represents , warrants, and agrees thai It (i) has verified thai it does not employ any Ulegal aliens , through partlc:ipation in the Basic Piot Employment VerifiC&tlon Program admln tared by the SoclaJ Security Administration and Department of Homeland Security, or (II) otherWise wP I comply With the requirements of CRS 8-17.S..101(2)(b)(l). The Contractor shall comply wiUl all reasonable requests made ln the course of an lnvesUgatlon by the CO Department of Labor and Emplo~ent. If the Contractor fails to comply with any requirement of this provision or CRS 8-17 .6-101 et seq ., the City may terminate this contract for breach and lhe Contractor shall be liable for actual and consequential damages to the City. 4 Council Action Form -Storm Sewer Cleaning and Traffic Signal Repair January 12 ,2015 Page 2 BACKGROUND: On November 28 , 2011 Council awarded ITB-11-36 , On-Call Storm Sewer Cleaning and Repair Services , to Quality Pipe Services of Englewood , Colorado in an amount not to exceed $50 ,000 and for a period of one year, with an option to renew for up to three additional years. $40,000 is budgeted in 2015 for contracted sewer cleaning and video inspection services . On August 27 ,2012 , Council awarded RFB-12-28 , On-Call Traffic Signal & Repair Services to W.L. Contractors of Arvada , Colorado in an amount not to exceed $55,000 and for a period of one year, with an option to renew for up to three additional years. $45 ,000 is budgeted in 2015 for contracted on-call traffic signal repair services as determined by staff. RECOMMENDATIONS: Staff recommends that City Council approve the encumbrances of$40,000 for on-call storm sewer cleaning and repair services and $45 ,000 for on-call traffic signal repair services. RECOMMENDED MOTION: "I move to encumber $40 ,000 for on-call storm sewer cleaning and repair services in 2015 and $45 ,000 for on-call traffic signal repair services in 2015 ." Or, "I move to postpone indefinitely the encumbrance of funds for on-call storm sewer and traffic signal repair services for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink , Public Works Director Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: I) ITB-11-36 , On-Call Stonn Sewer Services , Executed Contract & Renewal 2) RFB-12-28 , On-Call Traffic Signal Repair Services , Executed Contract & Renewal .. ' . .. . _rw~~:tRtgge CITY OF WHEAT RIDGE l'f8.11·36 ON.cAU. STORM SEWER MAINTENANCE AGREEMENT THIS AGREEMENT, made this ~day of NOVQMEI 2011 bv and between the City of Wheat Ridee, Colorado, herefnafter called •owner" and QUAliTY PIPE sovtas, NC., doins bU51neu as an Individual, whose business address Is 7GO W M PPt AVENUE, K-3. DENVat. CO aozn , hereinafter called "Contractor". WITNESSETH : That for and in consideration of the payments and qreements hereinafter mentioned the parties agree IS follows : :l . The Contractor aarees to furnish alf materials, supplies, tools~ equipment, bor and other services necessarv to complete the tasks of the Project titled, ITI-U-a& ON-cAJ.l. STORM SEWER MAINTENANCE fn accordance with the Contratt Bid Documents . 2. Th Contm:tor aarees to perform aU the Work described in the ContrKt Bid Documents and comply with the terms therein for the total not to exceed amount ·Of fiEIX l)tOlJSMD D0U.M5 I$50,QOOJ . 3. The Contractor ees to commence the Work requJred by the Contnlct Documents within Fourteen t14t calendiir days .after approval bv CounciL Term is fo . r one year with the option to renew for three (3) one -year periods. 4. The tenn •coNTRACT BID DOCUMENTS" means and includes the followins : A 8 c 0 E F G H Si&nature Page Advertisement for Bids Information for Bidders. Contractor Quatiflcation 8id Form Bid Schedule Ust of Subcontractors Non.COtiU$Iort Affidavit Ulegal Allen Certification J K L M N 0 p Q R Bid Bond A8feement Payment Bond Pefformance Bond Notice to P.-oceed Final Receipt Special Provisions General Provisions Addend 5. The Owner wiiJ pay to the Contractor in the manner and at such times as set forth in the General Conditio~ such amounts as required by the Contract Documents . 6. SectiOn 2·3 .of the City's Code of Laws is presented below: (a) FISCAl YEAR . Fiscal year for the City shall commence on January 1 and end on 0Kember31 . Attachment 1 (b) BUDGET CONTAINS APPROPRIATIONS . The City Council shall annuatly adopt a budget In a manner consistent with the provisions of Chipter X of the Home Rule Charter of the City of Wheat Ridge . Upon the annual adoption by Oty Council of each year's buc:Jaet, levels of authorized expenditures from tht funds indicated within the annual budset itself and/or the adoptlnc resolution shalt constitute the appropriation of the amounts specified therein for the purposes specified therein . Durinc the course of each ffSC.II year, approVil by the City Coundl of contracts for soods or servk:es, artd/or e~pproyal of bids for the provision of specified goods or services, s~lllikewise con$litute appropriations of the amounts spedfied therein for the purposes specified thtrein. (c) NO CONTRACT TO EXCEED APPROPRIATION. Durinc each and any fiscal year, no contract entered Into by or on behalf of the Oty shall expend or contract to expend any money, or incur any liability, nor shall any contfict be entered into nor any bid be aWJrded by on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for whidl provision is made either in the adopted budJet ,or adopting resolution is mJde either in the adopted budset or adoptina resolution, lndudlfll any leplly authoriled amendments thereto, in excess of the amount appropriated In the budset or the approved contract or bid amount. Any contnct or bid award, either verbal or written, made in violation .of the provisions of this Section wll be wid as to the Oty and no City monies from any source whatsoever shalf be paid thereon. (d) AMENDMENTS AND AUTHORIZ£0 EXPENDITURES . Nothlns contained herein shall predude the City Council from adopting supplemental appropriation In • manner consistent with the provisions of Section lO .U of the Home Rule Charter of the City of Wheat Ridge . Further, nothing contained In this Section stlall prevent tile maklf11 of contracts for governmental servi«< or for ca~ _ outtay for a period exceedlf11 one year If such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executed only for the amounts agreed to be paid for such seNices to be rendered In succeeding fiscal years. (e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting with, or selllns soods or servlces to, the City are hereby placed on notice of the provisiOns of this section . The proVisions of this Section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to spedflcally In all pubnc works tHd documents and contracts; and shall be Incorporated Into, or specifically noted within, all other contracts entered Into by or on behalf of the City wherein City funds are used to pay for said contract. (f) The City may. by contract, require the contra.ctor awarded a public works contract to waive, release or extln,uish it rights to recover costs or damages, or obtain an equitable adjustment, for delays In performing such contract, If such delay is caused, in whole or part, by acts or omissions of the City or Its asents, if the contract provides that an eiCtension of time for completion of the work is the Contractor's remedy for such delay. Such a ct.use Is valid and enforceable, any provJslon of S~te Law to the contrary not withstand ns. (g) The City CouncU, by thi5 ordinance, dec:~res Its local contractlna powers to be a ·matter of pureJy local concern, and further spedfecally intends to sup~e. pursuant to fts powers under Artic:le XX of the COlorado Constltudon, the provlstons of Sections 24-91·101 and 103 .5, C.R.S., insofar as they confl ct with the provisions of th s Section of the Code of Laws of the Otv of Wheat Rldse, Colorado. 7. NODa5 Any notice or communialtion civen ,pursuant to this Agreement to the City Shall be made In writing; aty ConUJc;t: Gres Knudson 7500 W 29 Avenue, Wheat Ridge 80033 Office: 303~235-2869 Fa;c: 303·235·2857 Caftttactor Conald: Scott Boyd 700 W Mississippi Avenue, 10 Denver, CO 80223 8. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, lncludln& spedflcally the provisions .,vemed by the £quat Opportunity Commission and also to abide by the requirements of the IMMIGRA110N REFORM AND CONTRACT ACT Of 1986 And The Requ rements Of The AMERICANS WITH DISABILITIES Ad Of 1991. 9. In accordance With CRS ntle 24, Article 91, Section 103.6, Paragraph 2, Subpa~h ~-_ the Qty of WheJt Rid& hereby states that funds have been appropriated for this Project In an amount equal to or in eMtess of the Or Ina I Contract Amount . 10. lllep'l Aliens -Pubtlc Contracts for Services. CRS 8·17.5-101 and Public Law 210, 104"' Corcre55. as amended and expanded In Public Law 156, 108"' Conaress, as amended: The COntaetor certifies that he/she shaD comply with the provl$1ons of CRS 8-11.5-- lOiet seq. The COntractor shalt not knowfnsfy employ or contract With an Ulegal atfen to perform work under this contract or enter into, • contract with a subcontractor th t knowingly employs or contr:acts with an illegal afien. The Contractor repreHnts. ~nts, and .srees tNt it (l) has verified that it does not employ any lllepl aliens, throush partlciJ)41tion In the Basic Pilot .Emp1ovment Verification Program administered by the SOda• Security AdministratiOn and .Department of Homeland Security,. or (il) otherwis will cornpty with the req.ulrements of CRS 8·17.5-101 {2)(b)(l). The 'Contractor shall comply with all reasonable requests made Jn the course of an tnvestfgation by the CO Department of Labo r and Employment. If the Contractor falls to comply with anv requirement of this provision or CRS 8·17.5-101 et seq ., the City may terminate this cont~ct for breach nd the Contractor shall be liable for actua e and consequtntial damages to the City . fl\ l.31.3 ,~4., . P'Wli~t:~ RFB-12-21 ON.CALL TRAFFIC IGNAL MAINTENANCE & REPAI SERVICE AGREEMENT TH AGREEMENT made this \.,~\..day of SEPTEMBER, 2012, by and between the Cfty ~Wheat Ridge, Colotado, hereiRafter reffJifed to as the ·cny-or ·ewne!"' and W. L CONTRACTORS, Inc.. a Colorado Corporation, located at 0 &Mnar • Arvada, CO , hereinafter refen'ed to • the "Conbactot". WITNESSETH . that ·the City of Wheat Ridge and the Contrador agree . follows : ABTICLI 1-SEftYJCES The Contractot lhall serve as the CitY's Contnlctot and provide a minimum ell of the aervices and produc:ts required n this RFB-12·21 ON.CAU TRAFFIC IGNAL MAINTENAHCE & REPAIR SERVICES AGREEIIENT.Ihe vendor's bid, and any I9MCI modHications. ARJICLE 2-DBM The work to be performed under thls Agreement shall commence upon Councft approval , reeelpt of signed agreement and Insurance compliance . THE TERM FOR THIS AGREEMENT IS THROUGH SeptMnber 30, 2013, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE· YEAR PERIODS , at the tofe discretion cA the City. Pricir1g shalf remain firm for 1he renewal peric)de. The. agteement may be automatically renewed If~ • The City fails to contact your firm prior to the end of the c:urrtnt term ragardlng the desire to renew • AI pricing remains the same and • The scope of wort< or specJflcaUons are not changed or mod"rfled . ARDCLE 3-PAYMENT MD FiE SCHEQULE The City herebV IIS18M to P8)f the Contract« the amounts requi'ed fot work approvecl by the Cly. at the unft prices set forth in the Contractcn pt'0p0181. In accordance with the provisions and su~ to the conditions set forth In thiS Ageement and the documents referred to above. ARnCLE 4-JNDepENDENI CQNJMCIOR A. In petfann lng the work under th . Agreement, the Contractor acts ·as an independent contractor and 1s solely responsible for ne<:e$S8ry and IIKkJquata wortter'• compensation inlurance, person fnjuty and property damage insurance, as wen as errors and omlsslons nsurance. The eomrac.tor, as an fndependenl contractor, Is obligated to pay federar and state Income tax on monies earned. The personnel emplo)'ed by the Contraclor .e not and •he' not become entplo)'MS, agents or servants of the Cfty because of the performance of any WOtk by 1hia Agteemenl a. The Contractor warrants that it has not employed or retained any company or person , other than a bonafide employee working solely for ft. to solictt or secure this Agreement, and that It has not palcl or agreed to pay any company or person, other than bona flcfe employees working SOlely for the Contractor, any commission , percentage. brokerage fee, gifts, ot any other consideration. conti1gent upon ot resulting from the award or making of this Agreement For breach or violation of this warranty, the City will have the right to ennui this Agreement without liability, or In tts dlsctetlon to dedUCt from the Agreement price or consideration , or olhetwfse recover the full amount of such fee, commission , percentage, brokerage fee, gift, or contingent fee . ARnCLE 5-INSURANCE In accordance with Art icle 4 above, the Contractor shall fumish a certifiCate of insurance upon notification of award .and prior to performance . Work shall not commence unde r this Ag eetnent until the Contractor has Attachment 2 J:\RFB-12·28 On-Call TAAF JC SIGN~ MA!NTENANC \RFB-12-28 Aorea.ant.draft .doc submitted to the City and recetved approval thereof, a certificate of Insurance showing compliance with the following minin'lum types and coverages of Insurance . Type of lnSJJ(Jnot Standard WOf'kers ' Compenutlon Including Oc:alpatlonal Disease Cover. & Employers Ullbllty Comprehensive General U&blllty Insurance Comprehensive Automoble Minimwn Umq of IJib!llty Statutoty In conformance with the compenuCJon I8WI of the St.te of CokNado 5600,000 each pet'IC)n; Not less than $1 ,000,000 aggregate limit Minimum d $600,000 combined slr98 limit auto insuf8nee All liability poHcJes and/Ot Certfflcates of Insurance Wlll Include the Cfty of Wheat Ridge as an additional named insured . Nothing herein shall be deemed or cons1rUed as a waiver of any of the protections to which the Agenclet may be entitled pursuant to the Colorado Go\wnmentallmmunity Act , aedlons 24-10-101 , C.R.S., as amended. ARDCLE I -INDEMNifiCATION The Contractor agrees. to Indemnify and to hold the City and Its agents harmless for . from and against any and all claims , auits , expenses , damages or other liabilities , including reasonable attorney fees and court costs arising out of damage or Injury to persons , entitles, or property causes Of' IUitained by any penon or persons as a result of the negligent performance or failure of the Conttactor to provide aervicel: pursuant to the terms of this Agreement ARTICLE 7-CHANGE QRDEBS 08 EXTENSIONS The City may, from time to time, require changes In the scope of servloes of the Contractor to be performed here in. Suc:h changes, Including any tnaease Of' deause In the amount of the Conttaetor's compensation . must be mutually agreed upon In wrtllog by the City and the Contractor. The Conti ector shaD be compensated for all authorized changes in eerviCea, pursuant to the Request for Pfoposal, or-tfno ptoviaJOr==-:n==-------- exists , pursuant to the terms of the Change Order. ARTICLE 8-EQUAl, EMPLOYMENJ OPPQRTUNIIY A. The Contractor shall not discriminate egalnst any employee or applicant for employment because of age, race , color, religion , sex, or national origin . The Contractor shall adhere to acceptable affirmative action guidelines In selecting employees and shan ensure that employees are treated equally during employment , without regard lo their age, race , color, religion, aex, or national origin . Such action shalf lndude, but not be limited to the following : emplo)'IT!ent. u~lng , demotion or lransfer, reaultment or recruitment advertising, layoff« termination, rates of pay or other forms of compensation. and sefectlon for training , Including apprenticeship., The Contractor agrees to post In conspicUous places, available to ,employees and applicants for employment. notices provkfed by the loCal public agency setting forth the proviSions of thl$ nondiscrimination clause. B. The Contractor wiH cause the forego ing provisions to be Inserted In aN subcontracts for any work covered by this Agreement so that such provisions will be binding upon eada subcontractor. provided that the foregoing provisions shan not apply to contracts or subcontnJcts for standard commercial supplies or raw materials . ARTICLE 9-CHARJEB. LAWS AND ORDINANCE§ The Contractor at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal , State and Local laws , rules , regulations , and ord inances that affect or govem the work as 2 conlemplated under thts Agreement. ABIJCU: 10-LAW AND yeNUE The 1aw1 d the St.ae rA Colorado 1hall govern as to the lntefpletadon, validity • .00 elfecl rA this Agreement. The pwt1e1 agree that venue and jUriadk:tion fOt dispUtes regerdlng perfonnance Of this contract 1$ with lhe District COurt ·of Jefferson County, Colorado . ARTICLE 11 -TERMIN6JIOH A. The Contractor acknowledges lhat his falure to accomplish the work deac::tibed. shall be contidered a material breach of the contr11ct and ent11e the City to consequential dlmagel resulting from falures, acts, or omlnions Including but not tinhd 1o reprocurement costa, lnsufndent or Improper wonc. The City and the Contractor ~VM thiS contract may be canceled for cause by either perty with a fifteen (15) day prior written notice. The cost d completing 1he portion of the wort< which remains unpetfonned 81 the time of such termination shall be deducted from the c:ontnlct price. before payment is made. B. The City may terminate the Agteement for Its convenience upon D*tv (30) days written notice. In the even of such termination, the ·Conlrac:tor wll be pakl for all wen and expenses incurred up unlH the time .of such termlnadon . C. AI wort< acx:omplished by the Oontrac:tor prior to the date of suc:h termination, &hall be reoonled and tangible wort< document& shall be transferred to and become the tote propetty of the City prior to payment for ·services rendeted . AftDCLE 12 ... NOTICil Notice or oommunicatlon given pursuant to this Agreement shall be made 1n writing to: Ctty Contact: ContnletOr Conmcl: Greg Knudson . -Tim Leach Public Works Ooerallons Manager W. L. Conttadors, Inc. 7500 W. 2V' Ave. Ave. 6920 larMr St. Wheat Ridge, co 80033 lvvada co 80003 ""'' .wheatridae.co.us Tlmi.QTeamWLcom Phone: 303-205-7601 Phone: 303-422-7985 Fax : 303-431-7139 Fax: 303-4122-3028 MIJCLE 13-ASfiGNMW AND SUICONIMCTQRS The duties and obligatJons ol the Contractor arising hereunder cannot be assigned. delegated, nor subcontracted except with the express written consenl of the City. The suboontractors penniHed by the City shall be subject to the requirements of this Agreement. and the Contractor Ia responsible ror all subcontracting arrangements and the delivery of services as sel forth In lhis Agreement The Contnlclor aha be responsible· for the perfonnance of any sub-contractor. ARDCLE 14-SEyERA81LfiY To the extent that the Agreement may be executed and performance of the obligatiOns of the parties may be accomplished within the Intent of the Agreement , the terms of this Agreement are severable , and should any- term or provision hereof be declared invalid or become Inoperative for any reason, &Uch Invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach or a term hereof shall not be construed as a waiver of any other term. or the same term upon subsequent breach. 3 Council Action Form-Investment Policy Revisions January 12 ,2015 Page 2 RECOMMENDED MOTION: "I move to approve Resolution No. 01-2015 , a resolution adopting the City of Wheat Ridge Investment Policy." Or, "I move to postpone indefinitely Resolution No. 01-2015 , a resolution adopting the City ofWheat Ridge Investment Policy for the following reason(s) " REPORT PREPARED/REVIEWED BY: Larry Schulz, City Treasurer Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2015 2. Investment Policy CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2015 TITLE: A RESOLUTION APPROVING THE CITY OF WHEAT RIDGE INVESTMENT POLICY WHEREAS , Section 3.10 of the City Charter authorizes the City Treasurer to invest all City monies as directed by City Council ; and WHEREAS , The Government Finance Officers ' Association has provided recommended practices for government investing; and WHEREAS , The City Treasurer has recommended that City Council adopt those recommended practices in a revised Investment Policy. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows: A. The revised City of Wheat Ridge Investment Policy is adopted by City Council. DONE AND RESOLVED THIS 12TH DAY OF January, 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 CITY OF WHEAT RIDGE INVESTMENT POLICY SUMMARY The following is a summary of key elements of the City of Wheat Ridge Investment Policy as adopted by the City Council on October 8, 2007: The City consolidates cash balances from all funds to maximize investment earnings, except for the cash in restricted and special funds . Investment income is allocated to the various funds based on their respective partic ipation and in accordance with generally accepted accounting principles . The City's principal investment objectives are : • Conformance with all applicable City, State and Federal regulations • Preservation of capital through the protection of investment principal by minimizing credit risk • Investing operating funds in shorter-term securities , money market mutual funds or similar investment pools to avoid incurring unreasonable market interest rate risk • Maintenance of sufficient liquidity to meet the City's cash needs • Attaining a market rate of return for eligible securities ; this is secondary to the safety and liquidity stated above . The City's assets are managed to the "prudent investor" standard by the City Treasurer which states "Investments shall be made with judgment and care , under circumstances then prevailing , which persons of prudence , discretion and intelligence exercise in the management of another , not in regard to speculation , but for investment considering the probable safety of their capital as well as the probable income to be derived ." The City Treasurer has further restricted the investment of City funds to any of the following : • U.S. Treasury obligations which carry the full faith and credit guarantee of the United States government and with maturities less than five years from the date of purchase . • Federal Instrumentality Securities issued by Federal National Mortgage Association (FNMA), Federal Farm Credit Banks (FFCB), Federal Home Loan Banks (FHLB), and Federal Home Loan Mortgage Corporation (FHMLC). • Prime Commercial Paper, at the time of purchase, which is rated in its highest rating category by one or more nationally recognized organizations which regularly rate such obligations and which have maturities not exceeding 270 days . • Investment-grade obligations of state, provincial and local governments and public authorities • Local Government Investment pools pursuant to C.R.S . 24-75-101 et seq as amended. • Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities ; and • Certificates of deposit and other evidences of deposit at financial institutions , Although the public Deposit Protection Act allows municipalities to invest in derivatives , the Treasurer has explicitly state that derivatives are an unacceptable investment. It is the intent of the City to diversify the investments with the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, or individual financial institutions or maturities . The asset allocation in the portfolio should , however be flexible depending upon the outlook for the economy, the securities market , and the City's anticipated cash flow needs . The City Treasurer shall maintain contact with City staff members to determine cash flow requirements and assure that the General Fund reserve does not fall below percentage levels mandated by TABOR and the City Council. It is the policy of the City to purchase securities only from authorized institutions and firms . Broker/Dealers and other financial institutions shall be selected by the Treasurer on the basis of their expertise in public cash management and their ability to service the City's account. Elected officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair or create Attachment 2 City of Wheat Ridge lnvestment Policy the appearance of an impairment of their ability to make impartial investment decisions. I. Governing Authority Legality The investment program shall be operated in conformance with federal , state , and other legal requirements, including the Wheat Ridge City Charter. II. Scope This policy applies to the investment of all funds , excluding the investment of employees' retirement funds, police pension fund, and certain restricted funds 1 . Pooling of Funds Except for cash in certain restricted and special funds , the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing , safekeeping and administration . Investment income will be allocated to the various funds based on their respective balances and in accordance with generally accepted accounting principles . Ill. General Objectives The primary objectives , in priority order , of investment activities shall be safety, liquidity, and yield : 1. Safety Safety of principal is the foremost objective of the investment program . Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio . The objective will be to mitigate credit risk and interest rate risk . a. Credit Risk The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer , by: • Limiting investments to the types of securities listed in Section VII of this Investment Policy • Pre-qualifying the financial institutions , broker/dealers , intermediaries , and advisers with which the City will do business in accordance with Section V • Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized . b. Interest Rate Risk The City will minimize interest rate risk , which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations , thereby avoiding the need to sell securities on the open market prior to maturity • Investing operating funds primarily in shorter-term securities , money market mutual funds , or similar investment pools and limiting the average maturity of the portfolio in accordance with this policy (see section VIII). 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore , since all possible cash demands cannot be anticipated , the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively , a portion of the portfolio may be placed in money market mutual funds or local government investment pools which offer same-day 2 City of Wheat Ridge Investment Policy liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles , taking into account the investment risk constraints and liquidity needs . Return on investment is of secondary importance compared to the safety and liquidity objectives described above . The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed . Securities shall generally be held until maturity with the following exceptions : • A security with declining credit may be sold early to minimize loss of principal. • A security swap would improve the quality, yield , or target duration in the portfolio . • Liquidity needs of the portfolio require that the security be sold. 4. Local Considerations Where possible, funds may be invested for the betterment of the local economy or that of local entities within the State. The City may accept a proposal from an eligible institution which provides for a reduced rate of interest provided that such institution documents the use of deposited funds for community development projects, or because of the proximity to government offices . IV. Standards of Care 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes , provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy . The "prudent person" standard states that, "Investments shall be made with judgment and care , under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs , not for speculation , but for investment, considering the probable safety of their capital as well as the probable income to be derived ." 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program , or that could impair their ability to make impartial decisions . Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio . Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 3. Delegation of Authority Authority to manage the investment program is granted to the City Treasurer (hereinafter referred to as investment officer) and derived from the following : City of Wheat Ridge Home Rule Charter. Responsibility for the operation of the investment program is hereby delegated to the investment officer, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. (See Attachment No. 1 - Internal Controls). No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The investment officer, after initiating a Request for Proposal process and with approval of the City 3 City of Wheat Ridge Investment Policy Council , may delegate the management of the City's portfolio to a professional money management firm . The firm must adhere to all the requirements and restrictions contained in this policy. V. Authorized Financial Institutions, Depositories, and Broker/Dealers 1. Authorized Financial Institutions, Depositories, and Broker/Dealers A list will be maintained of financial institutions and depositories authorized to provide investment services . In addition, a list will be maintained of approved security broker/dealers selected by creditworthiness (e.g., a minimum capital requirement of $10,000,000 and at least five years of operation). These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: • Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines • Proof of National Association of Securities Dealers (NASD) certification (not applicable to Certificate of Deposit counterparties) • Proof of state registration • Completed broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties) • Certification of having read and understood and agreeing to comply with the [entity's] investment policy. • Evidence of adequate insurance coverage . An annual review of the financial condition and registration of all qualified financial institutions and broker/dealers will be conducted by the investment officer. (See Attachment No. 2-Relationships with Security Dealers) 2. Minority and Community Financial Institutions From time to time , the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such situations , a waiver to certain parts of the criteria under Paragraph 1 may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by the appropriate legislative or governing body in advance. VI. Safekeeping and Custody 1. Delivery vs. Payment All trades of marketable securities will be executed by delivery vs . payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds . 2. Safekeeping Securities will be held by a [centralized] independent third-party custodian selected by the entity as evidenced by safekeeping receipts in the [entity's] name . The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). 3. Internal Controls The investment officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the [entity] are protected from loss, theft or misuse. Details of the internal controls system shall be documented in an Internal Controls statement and shall be reviewed and updated annually. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the 4 City of Wheat Ridge In vestment Policy valuation of costs and benefits requires estimates and judgments by management. The internal controls structure shall address the following points: • Control of collusion • Separation of transaction authority from accounting and recordkeeping • Custodial safekeeping • Avoidance of physical delivery securities • Written confirmation of transactions for investments and wire transfers • Dual authorizations of wire transfers • Development of a wire transfer agreement with the lead bank and third-party custodian Accordingly, the investment officer shall establish an annual independent review by an external auditor to assure compliance with policies and procedures or alternatively, compliance should be assured through the City's annual independent audit. In addition , the Investment Advisory Committee will meet at least once a quarter to review the status of investments and the transactions that occurred during the quarter. VII. Suitable and Authorized Investments 1. Investment Types Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable : • U.S. Treasury obligations which carry the full faith and credit guarantee of the Un ited States government and have maturities of no greater than five years ; • U.S. government agency and instrumentality obligations that have a liquid market with a readily determinable market value ; • Certificates of deposit and other evidences of deposit at financial institutions , • Commercial paper , rated in the highest tier (e .g., A-1 , P-1 , F-1 , or D-1 or higher) by a nationally recognized rating agency; • Investment-grade obligations of state , provincial and local governments and public authorities ; • Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities ; and • Local government investment pools either state-administered or developed through joint powers statutes and other intergovernmental agreement legislation . 2. Co/lateralization Where allowed by state law and in accordance with the Government Finance Officer's Association (GFOA) Recommended Practices on the Collateralization of Public Deposits , full collateralization will be required on all demand deposit accounts , including checking accounts and non-negotiable certificates of deposit. Furthermore , the City will only invest with financial institutions that are on the State of Colorado Public Deposit Protection Act (PDPA) list. VIII. Investment Parameters 1 . Diversification It is the policy of the City to divers ify its investment portfolios. To eliminate risk of loss resulting from the over-concentration of assets in a specific maturity, issuer, or class of securities , all cash and cash equivalent assets in all City funds shall be diversified by maturity, issuer, and class of security. Diversification strategies shall be determined and revised periodically by the investment committee/investment officer for all funds except for the employee retirement fund . In establishing specific diversification strategies , the following general policies and constraints shall apply: Portfolio maturities shall be staggered to avoid undue concentration of assets in a specific maturity sector . Maturities selected shall provide for stability of income and reasonable liquidity. 5 City of Wheat Ridge Investment Policy For cash management funds : • Liquidity shall be assured through practices ensuring that the next disbursement date and payroll date are covered through maturing investments or marketable U.S . Treasury bills . • Positions in securities having potential default risk (e .g., commercial paper) shall be limited in size so that in case of default, the portfolio's annual investment income will exceed a loss on a single issuer's securities . • Risks of market price volatility shall be controlled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one year shall not be greater than coupon interest and investment income received from the balance of the portfolio . • The investment committee/investment officer shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in securities other than repurchase agreements , Treasury bills or collateralized certificates of deposit. The committee shall conduct a quarterly review of these guidelines and evaluate the probability of market and default risk in various investment sectors as part of its considerations. 2. Maximum Maturities To the extent possible , the City shall attempt to match its investments with anticipated cash flow requirements . Unless matched to a specific cash flow , the [entity] will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances . The City shall adopt weighted average maturity limitations (which often range from 90 days to 3 years), consistent with the investment objectives. Because of inherent difficulties in accurately forecasting cash flow requ irements , a portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds , or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations . 3. Competitive Bids The investment officer shall obtain competitive bids from at least two brokers or financial institutions on all purchases of investment instruments purchased on the secondary market. IX. Reporting 1. Methods The investment officer shall prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio and the individual transactions executed over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report should be provided to the entity's chief administrative officer , the legislative body, and the Investment Advisory Committee . The report will include the following : • Listing of individual securities held at the end of the reporting period . • Realized and unrealized gains or losses resulting from appreciation or depreciation by listing the cost and market value of securities over one-year duration that are not intended to be held until maturity (in accordance with Governmental Accounting Standards Board (GASB) requirements). • Listing of investment by maturity date . • Percentage of the total portfolio which each type of investment represents . Each quarterly report shall indicate any areas of policy concern and suggested or planned revision of investment strategies . Copies shall be transmitted to the independent auditor . 6 City of Wheat Ridge Investment Policy Within 40 days of the end of the fiscal year, the investment officer shall present a comprehensive annual report on the investment program and investment activity. The annual report shall include 12-month and separate quarterly comparisons of return and shall suggest polic ies and improvements that might be made in the investment program . Alternatively, this report may be included within the City's annual Comprehensive Annual Financial Report. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this policy. The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding a selected performance benchmark , which could be the average return on three-month U.S. Treasury bills , the state investment pool , a money market mutual fund [specify] or the average rate of Fed funds . These indices are considered benchmarks for lower risk investment transactions and therefore comprise a minimum standard for the portfolio 's rate of return . 3. Marking to Market The market value of the portfolio shall be calculated at least quarterly and a statement of the market value of the portfolio shall be issued at least quarterly. Th is will ensure that review of the investment portfolio , in terms of value and price volatility, has been performed consistent with the GFOA Recommended Practice on "Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools ." In defining market value , considerations should be given to the GASB Statement 31 pronouncement. X. Policy Considerations 1 . Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 2. Amendments This policy shall be reviewed on an annual basis . Any changes must be approved by the investment officer and any other appropriate authority, as well as the individuals charged with maintaining internal controls . VII. Approval of Investment Policy The investment policy shall be formally approved and adopted by the governing body of the City of Wheat Ridge and reviewed annually by the City Treasurer and the Investment Advisory Committee. Recommendations for amendments will be forwarded to the City Council for approval. VIII. List of Related Documents The following related documents are available upon request: 1. Internal Controls 2. Methodology for GAP analysis 3. Listing of authorized personnel 4. Council Resolution creating Investment Advisory Committee 7 Council Action Form January 12 , 2015 Page2 Council approved, via Resolution No. 49-2011, an increase in the payment from 50% to I 00% of the sales tax increment share back through December 31 , 2014 . RECOMMENDATIONS: Staff recommends distribution of the sales tax increment share back for November of fiscal year 2014 in the amount of$35,519. RECOMMENDED MOTION: "I move to approve payment of the sales tax increment share back for November of fiscal year 2014 from the Town Center Project in the amount of$35 ,519 to Renewal Wheat Ridge." Or, "I move to deny the payment of the sales tax increment share back for November of fiscal year 2014 from the Town Center Project in the amount of$35 ,519 to Renewal Wheat Ridge for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager Council Action Form -Council Calendar January 12 , 2015 Page 2 BACKGROUND: The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the City Charter. It should be noted that one Regular meeting and three Study Sessions fall on holidays when the City is closed. The following meetings are recommended for cancellation in 2015: Study Session, January 191h, Martin Luther King, Jr. Day Study Session, February 16th, President's Day Regular Council Meeting, May 25th, Memorial Day Study Session , September ih , Labor Day RECOMMENDATIONS: None RECOMMENDED MOTION: "I move to adopt the 2015 City Council Meeting Calendar as presented ." Or, "I move to postpone the adoption of the 2015 City Council Meeting Calendar for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kelly K. Stevens, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: I. Proposed 2015 City Council Meeting Calendar ~ I» n ::r 3 • :I .. ... 4 II 18 25 Sun Mon 5 6:30-Study Session 12 7 pm-City Council Meeting 19 MLK Day Study Session Cancelled 26 7 pm-City Council Meeting January 20 15 Tue Wed Thu Fri Sat I New Years Day 2 3 6 7 8 9 10 7:30--Building Code 9 am-Liquor License Advisory Board Authority 13 14 15 16 17 5:30--animal Welfare 6 pm-Planning & Control Comm . Commission 6 pm-Renewal Wheat Ridge 20 21 22 23 24 4 pm-Housing 9 am-Liquor License Authority Authority 7 pm-Board of Adjustment 27 28 29 30 3/ February 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 6:30pm-Study 6 pm-Renewal 6 pm-Planning Session Wheat Ridge Commission 8 9 10 II 12 13 14 7 pm-City Council 7:30-Building Code 9 am-Liquor License Meeting Advisory Board Authority 15 16 President's Day 17 18 19 20 21 Study Session 5:30-Animal Welfare 6 pm-Planning Cancelled & Control Comm. Commission 6 pm-Renewal Wheat Ridge 22 23 24 25 26 27 28 7 pm-City Council 4 pm-Housing 9 am-Liquor License Meeting Authority Authority 7 pm-Board of Adjustment March 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 6:30 Study Session 6 pm-Renewal 6 pm -Planning Wheat Ridge Commission 8 9 10 If 12 13 /4 7 pm-City Council 7:30 Building Code 9 am -Liquor License Meeting Advisory Board Authority 15 16 17 18 19 20 21 6:30-Study Session 5:30-animal Welfare 6 pm-Planning & Control Comm . Commission 6 pm-Renewal Wheat Ridge 22 23 24 25 26 27 28 7 pm-City Council 4 pm-Housing Au-9 am-Liquor License Meeting thority Authority 7 pm-Board of Adjustment 29 30 31 April2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 6 pm-Planning Commission 5 6 7 8 9 /0 II 6:30-Study Session 7:30 Building Code 9 am-Liquor License Advisory Board Authority 12 13 14 15 16 17 18 7 pm-City Council 5:30--Anima/ Welfare 6 pm-Pianning & Control Comm. Commission 6 pm-Renewa/ Wheat Ridge 19 20 21 22 23 24 25 6:30-Study Session 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm -Board of Adjustment 26 27 28 29 30 7 pm-City Council Meeting May 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 8 9 6:30-Study Session 6 pm-Renewal Wheat Ridge 6 pm-Planning Commission 10 II 12 13 14 15 16 7 pm-City Council 7:30--Building Code 9 am -Liquor License Advisory Board Authority 17 18 19 20 21 22 23 6:30-Study Session 5:30--Animal Welfare 6 pm-Planning and Control Comm. Commission 6 pm-Renewal Wheat Ridge 24 25 Memorial Day 26 27 28 29 30 Council Meeting 4 pm Housing 9 am-Liquor License Cancelled Authority Authority 7 pm-Board of Adjustment 31 June 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 6:30-Study Session 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commission 7 8 9 10 II 12 13 7 pm-City Council 7: 30-Bui/ding Code 9 am -Liquor License Advisory Board Authority 14 15 16 17 /8 /9 20 6:30-Study Session 5:30-Anima/ Welfare 6 pm-Pianning and Control Comm . Commission 6 pm-Renewa/ Wheat Ridge 21 22 23 24 25 26 27 7 pm-City Council 4 pm-Housing 9 am-Liquor License Authority Authority 28 29 30 July 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 Holiday-4 6 pm-Planning Independence Day Commission Observed 5 6 7 8 9 10 II 6:30-Study Session 6 pm-Renewal 7: 30-Building Code 9 am-Liquor License Wheat Ridge Advisory Board Authority 12 13 14 15 16 17 18 7 pm-City Council 6 pm-Pianning Commission /9 20 21 22 23 24 25 6:30-Study Session 5:30-Animal Welfare 9 am-Liquor License and Control Comm. Authority 6 pm-Renewal Wheat Ridge 26 27 28 29 30 31 7 pm--City Council 4 pm-Housing Authority August 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 6: 30--Study Session 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commission 9 10 ll 12 13 14 15 7 pm-City Council 7:30-Building Code 9 am -Liquor License Advisory Board Authority 16 17 18 19 20 21 22 6:3 0-Study Session 5:30-Animal Welfare 6 pm-Pianning and Control Comm. Commission 6 pm-Renewal Wheat Ridge 23 24 25 26 27 28 29 7 pm-City Council 4 pm-Housing 9 am -Liquor License Authority Au th ority 30 31 September 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 pm-Renewal 6 pm-Planning Wheat Ridge Commission 6 7 Labor Day 8 9 /0 II 12 Study Session 7:30--Building Code 9 am-Liquor License Cancelled Advisory Board Authority 13 14 15 16 17 18 /9 7 pm-City Council 5:30--Anima/ Welfare 6 pm-P/anning and Control Comm . Commission 6 pm- Renewa/ Wheat Ridge 20 21 22 23 24 25 26 6: 30--Study Session 4 pm-Housing 9 am-Liquor License Authority Authority 27 28 29 30 7 pm-City Council October 2015 Sun Mon Tue Wed Thu Fri Sat 1 2 3 6 pm-Planning Commission 4 5 6 7 8 9 10 6:30----Study Session 6 pm-Renewal 9 am-Liquor License Wheat Ridge Authority II 12 13 14 15 16 17 7 pm-City Council 7:30-Building Code 6 pm-P/anning Advisory Board Commissio n 18 /9 20 21 22 23 24 6:30----Study Session 5:30-Animal Welfare 9 am-Liquor License and Control Comm. Authority 6 pm-Renewal Wheat Ridge 25 26 27 28 29 30 31 7 pm--City Council 4 pm-Housing Authority November 2015 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 6:30--Study Session 6 pm-Renewal 6 pm-Planning Wheal Ridge Commission 8 9 10 II Veteran 'sDay 12 13 14 7 pm-City Council 9 am-Liquor License Authority 15 16 17 18 19 20 21 6: 30--Study Session 5:30---Animal Welfare 6 pm-Planning and Control Comm. Commission 6 pm-Renewaf Wheat Ridge 22 23 24 25 26 Thanksgiving 27 Holiday 28 7 pm-City Council 4 pm-Housing Authority 29 30 December 20 15 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commission 6 7 8 9 10 II 12 6: 30---Study Session 7:30-Bui/ding Code 9 am-Liquor License Advisory Board Authority 13 14 15 16 17 18 19 7 pm-City Council 5:30-Animal Welfare 6 pm-Pianning and Control Comm . Commission 6 pm- Renewal Wheat Ridge 20 21 22 23 24 25 Christmas 26 6:30---Study Session 4 pm-Housing Authority 27 28 29 30 31 7 pm-City Council .... ~~~ ... ~ " City of • :P'WheatR.i_,dge ITEM NO:~ DATE: January 12 ,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2014 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL-ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) cg] PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1ST READING (12/08/2014) cg] ORDINANCES FOR 2N° READING (1/12//2015) cg] YES The applicant is requesting a zone change from Neighborhood Commercial , Restricted Commercial and Commercial-One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center in the western quadrant of the City of Wheat Ridge. It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. While portions of the property have been zoned planned development for over forty years, there has never been a unifying zoning document. The proposed ODP will fulfill this need. The zone change and ODP approval is the first step in the process for approval of future development on this site. The second step of the process is the Specific Development Plan (SOP) and plat, which will be subject to Planning Commission and/or City Council review and approval. Council Action Form -Applewood Rezoning January 12 , 2015 Page2 PRIOR ACTION: Planning Commission heard the request at a public hearing on November 6, 2014 and recommended approval for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the 1-70/Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-501 .E.4 . of the zoning and development code . 2. Language be added to the plan that development in the southeast comer of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works ' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. The staff report and meeting minutes from the Pla1ming Commission public hearing are attached . FINANCIAL IMEACT: Fees in the amount of$1 ,573 were collected for the review and processing of Case No . WZ-14-09. BACKGROUND: Subject Property The Applewood Village Shopping Center is comprised of approximately 35 acres and is bordered by West 38 1h Avenue to the north , low density residential neighborhoods to the north and east, West 32"d to the south , and Youngfield Street and I-70 to the west. The shopping center was initially developed in the early to mid-1960's. The shopping center is comprised of numerous parcels and buildings and is the largest commercial center in the City. Existing businesses on the site include King Soopers, Walmart, Wells Fargo Bank and Applejack Liquor. The northern portion of the site is primarily zoned Planned Commercial Development. The southern portion has a mix of zoning including Restricted Commercial (R-C), Neighborhood Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. Most of the new development on the site will occur on the south end. Council Action Form -Applewood Rezoning January 12 ,2015 Page 3 The shopping center is located in a busy commercial corridor and has easy access to 1-70 through the 32"d Avenue and Youngfield on/off ramps. Youngfield and both West 32"d and 38th Avenues are classified as minor arterials and carry numerous vehicles per day. The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. Adjacent Zoning and Land Use Surrounding properties include a variety efland uses. On the east and north sides of the center are residential neighborhoods , generally zoned R-IA. To the south across West 32"d Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that , 1- 70. Proposed Zoning and Outline Development Plan (ODP) The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas. The ODP also includes parcels which the owner, Regency Centers, has under contract for purchase. Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses , including large format retail stores. By following the C-1 regulations , the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs , fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development standards established by the ODP include a 0'-20' build-to line , a maximum of35% building coverage (526 ,803 square feet), 55% hard surfaced coverage, a minimum 10% landscaped coverage and maximum building height of 50'. Overall parking on the site is required at a rate of four spaces per 1000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100,000 square feet in size. Architecture will follow the requirements specified in the Architectural and Site Design Manual (ASDM). Minimal mention is made on the ODP regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast corner of the property. In addition to low density residential property to the east, there are substantial grade changes which will challenge mitigation efforts. For buffering purposes and to maintain compatibility with adjacent uses , Staff recommends language be added to the plan that development in this area includes consideration for upgraded vertical landscaping, reduction of lighting at night and business hour limitations. Council Action Form -Applewood Rezoning January 12 , 2015 Page4 Access points shown into the shopping center include primary accesses from 32"d and 38th A venue and from a signalized access point from Y oungfield at roughly mid-point in the shopping center. There are also minor access points for individual parcels along both 32"d and Youngfield. Staff is considering the access points shown as existing conditions and not a guarantee that the accesses shown will be allowed with new development. At the time ofSDP review , staff reserves the right to evaluate the areas of redevelopment with potential consolidation of access points being a goal. Internal access will also be evaluated and potentially redesigned along with consolidation of street access points. Staff is recommending the following language be shown on Sheet Two: "The access points and internal circulation shown on this ODP reflect the existing conditions for the overall development at the time of the adoption of the ODP . The access points may change, likely consolidated , as individual parcels are redeveloped and incorporated into the overall development. This would also likely cause a change in the internal circulation shown on the ODP. Changes to the number and location of the access points and resulting changes to the internal circulation that may occur as a result of redevelopment of individual or multiple parcels will be evaluated during the review of the site specific development plans for those parcels. Revisions to the ODP will not be required unless deemed necessary by the Director of Community Development." Guiding Docum ents When staff reviews a zone change application, there is specific criteria in Section 26-122.E . of the City Code which must be evaluated in regard to the request. One of the criteria is compliance with the City's guiding documents. In this case, there are four documents which must be considered: the Neighborhood Revitalization Strategy, Envision Wheat Ridge, 1-70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy. The Ne ighborhood Re vitalization Strat egy identifies strategies for the City to become a "community of choice" by upgrading and increasing housing stock , being "open for business" through City processes and procedures and targeting underutilized properties for redevelopment. En vision Wh eat Ridge is the City's Comprehensive Plan which designates this property as being Mixed-Use Commercial within a Community Commercial Center with Youngfield designated as a Primary Commercial Corridor. The 32"d A venue/l-70 interchange is also designated as a Primary Gateway into the City of Wheat Ridge. The Applewood Center is also a part of the 1-70/Kipling Corridors Urban Renewal Plan. The Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/l-70 corridor by remediating and removing blight. The Plan identifies a unique opportunity to create a series of destinations that are both region- serving and locally supportive. The Plan authorizes Renewal Wheat Ridge (RWR) to undertake zoning and planning activities to regulate land use , maximum densities , and building requirements in the Plan area. Council Action Form -Applewood Rezoning January 12, 2015 Page 5 The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue-generating activities in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth , and rehabilitating under-utilized retail space. Staff has concluded that the zone change and ODP document are consistent with the goals and objectives established by these documents . Further analysis of the zoning criteria will occur at the time of the City Council public hearing. Incorporation of th e Sli ve r A small strip of land located north ofthe parcel under contract at 12525 W. 32"d Avenue is under separate ownership from the shopping center and needs to be incorporated into the PCD and ODP. The owners of the Applewood Shopping Center have made attempts to purchase the parcel , but have been unable to do so because of the inability to locate the parcel owners, a long-dissolved corporation. Renewal Wheat Ridge is pursuing acquisition of this small parcel of land and City Council has approved the use of condemnation , should that be necessary. The property has been tax delinquent for many years . It is not buildable and is valued at slightly less than $1000 based on a recent appraisal that RWR commissioned. RWR then intends to convey the parcel to the shopping center owner. It is logical to consider rezoning the parcel so that it is incorporated into the overall development plans for the entire center. On August 25 , 2014, City Council authorized staff to initiate rezoning of the sliver. On October 27 , 2014, City Council authorized Renewal Wheat Ridge to use eminent domain to acquire the parcel. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Y oungfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on second reading and that it take effect 15 days after final publication for the following reasons : 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-1 09 of the Code of Laws. 2. The required rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The required rezoning has been found to comply with the "criteria for review" in Section 26 -112-E and 260-303-D of the Code of Laws. With the following conditions: Council Action Form -Applewood Rezoning January 12 , 2015 Page 6 Or, 1. A note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. 2. Language be added to the plan that development in the southeast comer of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language regarding access be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner." "I move to deny Council Bill No. 16-2014, an ordinance approving the rezoning of property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-1) to Planned Commercial Development (PCD) and for approval of an Outline Development Plan on second reading for the following reasons: 1. 2. 3." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 16-2014 2. Planning Commission staff report dated November 6, 2014 3. Planning Commission minutes dated November 6, 2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER POND COUNCIL BILL NO. 16 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED GENERALLY AT 3400 YOUNGFIELD STREET FROM NEIGHBORHOOD COMMERCIAL (NC), RESTRICTED COMMERCIAL (RC), AND COMMERCIAL-ONE (C-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-09/APPLEWOOD VILLAGE SHOPPING CENTER) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Regency Centers, LLC has submitted a land use application for approval of a zone change to Planned Commercial Development for property located in the Applewood Village Shopping Center generally addressed as 3400 Youngfield Street; and WHEREAS, the proposed zone change is supported by the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat; the 1- 70/Kipling Corridors Urban Renewal Plan and the City's Economic Development Strategy; and WHEREAS, the zone change criteria specified in Section 26-112 support approval of the request. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Regency Centers for approval of a zone change for property located generally at 3400 Youngfield Street from Neighborhood Commercial (NC), Restricted Commercial (RC), Commercial-One (C-1) and Planned Commercial Development (PCD) to Planned Commercial Development and for approval of an Outline Development Plan, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A parcel of land located in the Northwest One-Quarter of Section 29, Township 3 South, Range 69 West of the 61h Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described below: Commencing at the Southeast corner of the Northwest One-Quarter of said Section 29 and considering the South line of said Northwest One-Quarter to bear S89°29'29"W with all bearings herein relative thereto; Attachment 1 Thence along said South line , S89 °29'29"W a distance of 1263.09 feet; Thence N00 °30'31 "W , a distance of 98.24 feet to the Point of Beginning , said point being on the East Right-of-Way for Youngfield Street and 60.00 feet East of the West line of the Southeast One-Quarter of the Northwest One-Quarter of said Section 29; Thence parallel to the West line of the Southeast One-Quarter of the Northwest One- Quarter of said Section 29 , N00 °54'01 "W , a distance of 556.10 feet to the Southwest corner of Lot 1, Applewood Village Shopping Center Subdivision Thence the following ten (1 0) courses along the West , North and East boundaries of said Lot 1: 1. Continuing parallel to the West line of the Southeast One-Quarter of the Northwest One-Quarter of said Section 29, N00 °54'01"W , a distance of 667 .77 feet ; 2. N89 °26'17"E , a distance of 150.00 feet ; 3. N00 °54'01 "W , a distance of 200 .00 feet; 4. S89 °26'17"W , a distance of 150 .00 feet ; 5. Parallel to the West line of the Southeast One-Quarter of the Northwest One- Quarter of said Section 29 , N00 °54'01 "W , a distance of 135.14 feet ; 6. Along the arc of a non-tangent curve to the right having a radius of 182 .00 feet and a central angle of 7r25'57", an arc distance of 245 .96 feet with a chord bearing N3r48'56"E, a distance of 227.67 feet to a point on the South Right-of- Way for W. 38 1h Ave.; 7. Along said South Right-of-Way , N76 °31'47"E , a distance of 701 .71 feet ; 8. S00 °46'08"E , a distance of 670 .37 feet ; 9. S89 °26'17"W , a distance of 0.68 feet; 10 . S00 °53 '19"E , a distance of 762.82 feet to the Northeast corner of Lot 2, Applewood Village Shopping Center Subdivision ; Thence continuing, S00 °53'19"E along the East line of said Lot 2, a distance of 133.50 feet to the Northwest corner of Lot 19 , Applewood Village; Thence the following four (4 ) courses along the Northerly , Easterly and South boundaries of Lots 19 and 20 , Applewood Village: 1. S48 °30'24"E, a distance of 234 .05 feet ; 2. Along the arc of a non-tangent curve to the left having a radius of 45.00 feet and a central angle of 188 °38'41", an arc distance of 148.16 feet with a chord bearing S3r10'16"W , a distance of 89.74 feet; 3. S00 °54'01 "E , a distance of 38.91 feet ; 4. S89 °29'29"W , a distance of 117.57 feet to the Southwest corner of said Lot 20; Thence continuing , S89 °29'29"W , a distance of 37.43 feet to the Northeast corner of Lot 23 , Applewood Village; Thence along the east line of said Lot 23 , S00 °54'01 "E , a distance of 115 .21 feet to a point on the North line of the parcel described by the Special Warranty Deed recorded at Reception No . 2008031587; Thence the following two (2) courses along the North boundary of said parcel: 1. N82 °31'21 "W , a distance of 83.90 feet ; 2. N88°13'59"W, a distance of 72.07 feet to the Northeast corner of the parcel described by the Bargain and Sale Deed recorded at Reception No . 2008093175; Thence the following ten (10) courses along the Northerly boundary of said parcel: 1. N88°14'22"W, a distance of 58.35 feet; 2. Along the arc of a non-tangent curve to the left having a radius of 9.50 feet and a central angle of 8r14'16", an arc distance of 14.46 feet with a chord bearing N44°37'16"W, a distance of 13.11 feet; 3. S89 °05'15"W, a distance of 87.36 feet; 4. S00°24'32"E, a distance of 8.16 feet ; 5. Along the arc of a curve to the right having a radius of 9.50 feet and a central angle of 89°32'21", an arc distance of 14.85 feet with a chord bearing S44°21'39"W, a distance of 13.38 feet; 6. S89°07'49"W, a distance of 136.21 feet; 7. Along the arc of a non-tangent curve to the right having a radius of 9.50 feet and a central angle of 90 °40'44", an arc distance of 15.04 feet with a chord bearing N45°31 '50"W, a distance of 13 .51 feet; 8. N00°11'28"W, a distance of 2.00 feet; 9. S89 °48'32"W, a distance of 32 .54 feet; 10. Thence S00°54'01"E , a distance of 4.64 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011 096840; Thence along the North line of said parcel , S89°29'29"W, a distance of 149.91 feet to the Northeast corner of the parcel described by the Special Warranty Deed recorded at Reception No. 2011096812 ; Thence the following two (2) courses along the North line of said parcel : 1. Continuing S89°29'29"W, a distance of 100.77 feet ; 2. Along the arc of a curve to the right having a radius of 39 .50 feet and a central angle of 89 °36'53", an arc distance of 61 .78 feet with a chord bearing N45 °42'05"W, a distance of 55.67 feet to the Point of Beginning ; Containing 1 ,505,152 square feet or 34.554 acres , more or less. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds , determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health , safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 81h day of December, 2014, ordered it published with Public Hearing and consideration on final passage set for Monday, January 12, 2015 at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 291h 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 12'h day of December, 2015 . SIGNED by the Mayor on this ___ day of _______ , 2015. ATTEST: Janelle Shaver, City Clerk 1st publication: December 11, 2014 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form : Gerald Dahl , City Attorney ~~'-~ .... _ or City of • .. ~Wheat&_dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO : Planning Commission CASE MANAGER: Meredith Reckert DATE OF MEETING: CASE NO. & NAME: ACTION REQUESTED: LOCATION OF REQUEST: PROPERTY OWNER: APPROXIMATE AREA: PRESENT ZONING: COMPREHENSIVE PLAN: ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE Planning Commission November 6, 2014 WZ-14-09/ Applewood Village Shopping Center Approval of Planned commercial Development (PCD) zoning and an Outline Development (ODP) Applewood Village Shopping Center generally addressed as 3400 Y oungfield Regency Centers 35 acres NC, RC, C-1 and PCD Primary Commercial Corridor, Community Commercial Center, Mixed-Use Commercial CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Vicinity map on opposite page WZ-14-9/Applewood Village Shopping Center Attachment 2 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting a zone change from Neighborhood Commercial, Restricted Commercial and Commercial-One to Planned Commercial Development. The location of the zone change is the Applewood Village Shopping Center which is comprised of approximately 35 acres in the western quadrant of the City of Wheat Ridge, adjacent to the 1-70 corridor. The shopping center is bordered by West 38th Avenue to the north, low density residential neighborhoods to the north and east, West 32"d to the south, and Y oungfield Street to the west. (Exhibit 1, Aerial Photo) It is the intent of this application to incorporate new ownership parcels, consolidate the boundary of the center and to prepare several existing building pads for new development. (Exhibit 2, Letter of R uest) While portions of the property have been zoned planned development for over forty years, there has never been a unifying zoning document. The attached ODP will fulfill this need. The City's planned development approval is a two-step process. The first step is for the zone change to PRD and approval of an Outline Development (ODP). The ODP document sets allowed uses and development standards for the property. The ODP also contains a general concept plan which labels areas of landscaping, parking, building footprints, access points and areas for new development. The ODP approval requires a public hearing in front of each Planning Commission and City Council. City Council is always the final authority for approval of zone changes so Planning Commission will be making a recommendation. The Specific Development Plan (SOP) and plat is the second step of the process which focuses on the details of the development such as final drainage, street improvements, architecture and final lot layout. New SOP approvals require review by Planning Commission. II. EXISTING CONDITIONS/PROPERTY IDSTORY The Applewood Village Shopping Center is the City's largest commercial center. It serves area residents as well as drawing customers and patrons from the region. Numerous parcels and buildings comprise the Applewood Village Shopping Center. The northern portion of the site is primarily zoned Planned Commercial Development, having been rezoned initially in 197 5. The southern portion has a mix of zoning including Restricted Commercial (R -C), Neighborhood Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development (PCD). The center has been through a series of development plan amendments to facilitate new development as needed prior to new construction on the site. The shopping center was initially developed in the early to mid-1960's. The planned development zoning appears to have been approved for a portion of it in the 1970's. The northern portion of the site includes a large 224,883 square foot multi-tenant building. Those tenants currently include Walmart, Planning Commission 3 WZ-14-9/Applewood Village Shopping Center Petsmart and King Soopers. There are smaller retail tenants on the south side of the structure including a Thai Restaurant and a day-spa. This structure has frontage on West 38th Avenue and is pushed back to the eastern perimeter of the shopping center. Parking and circulation generally occur on the west side of the building. An alley runs along the east side of this structure for loading. A bus transfer station for RTD is located at the northwest comer of the center near the intersection of 38th and Y oungfield . In the middle of the shopping center is a freestanding bank building built in 2011 occupied by Wells Fargo Bank, and several multi-tenant buildings leased to smaller retail tenants including Starbucks, Angelos ' CD 's and Smash Burger. These structures combined have roughly 31 ,000 square feet of tenant space. On the southern portion of the shopping center located toward Y oungfield are several buildings, some of which will remain in their current configuration and others which will be demolished for new redevelopment opportunities. The existing structures to remain are the Applejack Liquor store building, a multi-tenant building with Abrusci 's, Dardano's Shoes , and Famous Footwear and the Chili's restaurant building. Another existing structure to remain on the south side is a 10 ,820 sf structure with tenants including Chipotle and Noodles and Company. The majority of the pending redevelopment will occur on the southern side of the property on properties recently acquired. These properties include properties addressed as 3210 Youngfield , 12755 W. 32nd Avenue and 12525 W. 32nd Avenue. The shopping center is located in a busy commercial corridor and has easy access to 1-70 through the 32 nd Avenue and Youngfield on/off ramps. Youngfield and both West 32 nd and 38th Avenues are classified as minor arterials and carry numerous vehicles per day . The location is also a popular stop for travelers to and from the mountains who can fulfill most of their shopping needs in a single stop. A major interior drive aisle connects 38 1h and 32n d A venues. Neither of these major access points is signalized Surrounding properties include a variety of land uses. On the east and north sides of the center are residential neighborhoods , generally zoned R-1A . To the south across West 32nd Avenue are a mix of homes and businesses. Abutting the property on the west is Youngfield and beyond that, 1-70. (Exhibit 3, Zoning map) The shopping center ownership comprises all parcels within the super block from 32 nd to 38 th Avenue except for the Qdoba/Mattress Firm building addressed as 3500 Youngfield. III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan which contains two sheets. The proposed ODP recognizes existing conditions and establishes standards and guidelines for new development areas . The ODP also include parcels which were recently purchased by the owner, Regency Centers. Those include properties currently addressed as 3210 Youngfield, 12755 W. 32"d Avenue and 12525 W. 32 nd Avenue. (Exhibit 4, parcel exhibit) Planning Commi ssion WZ-14 -9/Applewood Village Shopping Center 4 On Sheet One, the ODP will set allowed uses and development standards for the property. The ODP also contains a graphic plan on Sheet Two which designates traffic circulation, existing building foo rints, potential redevelopment areas and general development themes. (Exhibit 5, ODP documen t) SHEET ONE Allowable Uses: Uses permitted under the existing ODP are C-1 uses. The C-1 zone district regulations allow office, service and retail uses, including large format retail stores . Specific uses allowed in the C-1 zone district include lumber yards, grocery stores, restaurants and liquor stores. By following the C-1 regulations, the current protocol for new drive-through uses is to process a separate Special Use Permit. The proposed list has been expanded to allow C-1 uses which currently require a Special Use Permit for drive-through facilities as uses by right. This modification would accommodate uses such as fast food drive-throughs, fueling stations and drive-through banking facilities. Such uses would still be subject to City review and approval through the Specific Development Plan process. Development Standards: The ODP typically defines development parameters on the front sheet of the document. In determining setbacks, a notation on Sheet 1 directs the reader to the Architectural and Site Design Manual (ASDM). The property is located within the Contemporary Overlay district in the (ASDM) which essentially requires all new structures with public street frontage to have a build-to line of 0' to 20'. It also requires that 40% of an individual lot's street frontage be comprised of structure. Many of the existing structures in the center do not fit this pattern of development. Any new structures with direct frontage on any of the adjacent public streets should meet the build-to line, unless approved with build-to modifications through an SDP process. Most of the structures where not adjacent to a public street have been developed using lease lines, instead of property lines. Rather than trying to establish minimum interior setbacks, the building locations will be reviewed at the time of SDP in consideration to internal separation and access to internal parking and circulation. Another development standard established at ODP is lot coverage. As proposed, the shopping center is limited to a maximum of35% building coverage (526,803 square feet), 55% hard surfaced coverage and a minimum 10% landscaped coverage. In addition to the landscaped coverage minimum, the ODP specifies that plant quantities and materials be consistent with Section 26-502 (Landscape Regulations). At the time ofSDP, proposed development will be analyzed with regard to these standards based on parcel size, if applicable, or lease line areas. Overall parking on the site is required at a rate of 4 spaces per 1 000 square feet of gross building coverage which is consistent with the requirements in the zoning code for unified shopping centers over 100,000 square feet in size. Language has been added under Note 7 to allow blanket access, parking and circulation throughout the shopping center. Bicycle parking has not been addressed. Staff recommends a note be added that bicycle parking should be consistent with Section 26-501.E.4. of the zoning and development code. Planning Commission 5 WZ-14-9/Applewood Village Shopping Center Maximum building height allowed is 50' which is consistent with most commercial zone district classifications in the City. Architecture: On Sheet 1, references have been made to the ASDM for fa9ade design, transparency, architectural materials and screening. Architectural materials used for recent upgrades in the center include brick, stucco and rock. Building architecture will be reviewed during the Specific Development Plan process. Buffering: Minimal mention is made regarding buffering for adjacent residential uses. This is of particular concern with the redevelopment area located in the southeast corner of the property. In addition to low density residential directly to the east, there are substantial grade changes which will challenge mitigation efforts. There is roughly 18' of elevation change between the existing parking lot at 12525 W. 32nd Avenue and the south side of the vacant Old Chicago building. A grade change of 14' separates the cul-de-sac on Wright Court from the rear of that same structure. For buffering purposes and to maintain compatibility with adjacent uses, Staff recommends language be added to the plan that development in this area include consideration for upgraded vertical landscaping, reduction of lighting at night and business hour limitations. SHEET TWO The second sheet of the plan set includes the graphical portion of the ODP. The graphic is being used to reflect existing conditions including building locations, existing parking and circulation and access points. It is also intended to designate areas of potential redevelopment. Existing structures are shown with striping with existing circulation and parking areas in "halftone". Existing curb cuts are reflected with arrows. The redevelopment areas are designated with a light gray colored overlay. Those redevelopment areas are located along the entire 32nd A venue frontage, as property currently addressed as 3298 Youngfield (existing Wells Fargo drive-through) and behind the new Wells Fargo bank location at 3498 Youngfield . Access points shown into the shopping center include primary accesses from 32nd and 38th Avenue and from a signalized access point from Youngfield at roughly mid-point in the shopping center. There are also minor access points for individual parcels along both 32nd and Youngfield. Staff is considering the access points shown as existing conditions and not a guarantee that the accesses shown will be allowed with new development. At the time of SOP review, staff reserves the right to evaluate the areas of redevelopment with potential consolidation of access points being a goal. Internal access will also be evaluated and potentially redesigned along with consolidation of street access points. Staff is recommending the following language be shown on Sheet Two: "The access points and internal circulation shown on this ODP reflect the existing conditions for the overall development at the time of the adoption of the ODP . The access points may change, likely consolidated , as individual parcels are redeveloped and incorporated into the overall Planning Commission 6 WZ-14-9 /Applewood Village Shopping Center Mixed-Use Commercial The focus for mixed-use commercial areas is on long-term infill and redevelopment, reinvestment, and high quality urban design and landscaping for vacant or underutilized properties, with "centers" being the primary emphasis. Specific objectives address the following: • To make Wheat Ridge a community of choice in which to live, work, shop and recreate • To atrract quality retail develoment and activly retain existing retailers • To revitalize key redevelopment areas • To establish and matintain a resilient tax base Community Commercial Center This designation indicates that the City should focus on retaining existing major supermarket shopping centers and ensure that these areas remain economically strong by retaining and enhancing existing retailers and assisting landowners to expand and redevelop underutilized commercial areas with denser, high quality development. In addition, efforts should include developing regional retail opportunities to draw out of area spending. Primary Commercial Corridor This designation indicates that the City should focus on retaining existing commercial businesses along the Y oungfield corridor and improving the appearance and transportation function so that the corridor will support commercial functions. Specific goals include the following: • Creation of recognizable gateways and corridors • Leading the community in quality design • Ensuring quality design for development and redevelopment 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN -adopted 2009 The Applewood Center is also a part ofthe 1-70/Kipling Corridors Urban Renewal Plan. The Urban Renewal Plan was created to assist with redevelopment of properties in the defined area including development along the Youngfield/1-70 corridor by remediating and removing blight. The center meets factors of blight due to deteriorating structures, a predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy or usefulness, and the deterioration of the site and other improvements. The Plan identifies a unique opportunity to create a series of destinations that are both region- serving and locally supportive. The Applewood Center serves this purpose and can provide additional services both locally and regionally. The Plan authorizes Renewal Wheat Ridge to undertake zoning and planning activates to regulate land use, maximum densities, and building requirements in the Plan area. Planning Commission 10 WZ-14-9/Applewood Village Shopping Center ECONOMIC DEVELOPENT STRATEGY-adopted 2010 The Economic Development Strategy was adopted with a broad goal of retaining and increasing retail and revenue-generating acitivies in commercial activity centers. The Applewood Shopping Center is the City's largest producer of sales tax revenues and is a primary shopping district for the surrounding neighborhoods. Being such, the redevelopment and utilization of the shopping center is a key element in the City's Economic Development Strategy. The rezoning of the center will support the Economic Development Strategy by promoting and marketing Wheat Ridge, creating new employment opportunities, retaining and attracting retail growth, and rehabilitating under-utilized retail space. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Commercial development in the Youngfield/1-70 corridor continues to intensify with new redevelopment of and reinvestment in tired, outdated structures and sites. Examples of this newer construction include the First Bank building at the southeast corner of 32"d and Youngfield, fa9ade upgrades to the Qdoba!Mattress Firm building at 3500 Youngfield. The City and COOT have substantially invested in the existing infrastructure with the Youngfield and Highway 58 improvements including construction of the underpass for West 40th Avenue under the freeway. The City ofWheat Ridge recently completed a major CIP project which included the widening of 32"d A venue between Wright Court and Braun Court. The project included installation of new traffic signals at the intersections of 32"d and Y oungfield, 32"d and the 1-70 ramps and 32"d and Zinnia. Left hand turn lanes at all approaches to the 32"d A venue/ Youngfield intersection were provided, in addition to construction of an 8' multi-use path, pedestrian lighting and bus pads and benches. The project also included installation of new curb, gutter and an 8' wide attached sidewalk along the south side of the shopping center. Additional new development will occur on the western side of I -70 via the Clear Creek Crossing development. This project which is comprised of more than 190 acres of land has the ability to be developed into around one million square feet of commercial area Staff anticipates development of this area in the next several years. Staff concludes that this criterion has been met. Planning Commission 11 WZ-14-9 /Applewood Village Shopping Center d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. VI. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on August 5, 2014. There were approximately 40 persons in attendance (Exhibit 6, meeting reca , Exhibit 7, Sign-u sheet VII. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water District: Upgrades of existing infrastructure may be needed in the interior of the shopping center. Can serve with improvements installed at the developer's expense. CDOT: No concerns. All improvements are in place. Wheat Ridge Fire Protection District: No concerns about servicing the property. Will assess the need for water supply, hydrant locations , site access and building configuration at the time of Specific Development Plan submittal. Renewal Wheat Ridge: Renewal Wheat Ridge has reviewed the application for re-zoning and has determined that it does not conflict with the I-70/Kipling Corridors Urban Renewal Plan. Wheat Ridge Police: Can serve. Wheat Ridge Public Works: Has reviewed preliminary drainage information. Has recommended language to be included requiring review and approval of traffic information which could result in consolidated access points and other improvements. Northwest Lakewood Sanitation District: Has adequate capacity to accommodate development. Final design review will occur at the SDP and plat stage. Xcel Energy: Can serve. VIII. STAFF CONCLUSIONS AND RECOMMENDATION Planning Commission WZ-14-9/Applewood Village Shopping Center 12 Staffhas concluded that the proposed Planned Commercial Development zoning and accompanying Outline Development Plan are consistent with the goals and policies of the City guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the 1-70/K.ipling Urban Renewal Plan. Staff further concludes that the proposed consolidated zoning will facilitate new development areas. Because the proposed zoning and ODP meet the criteria used to evaluate a zone change, a recommendation of approval is given for Case No. WZ-14-09 with the conditions listed below. IX. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-14-09, a request for a zone change from Commercial-One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: 1. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the I-70/K.ipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26-50l.E.4. of the zoning and development code. 2. Language be added to the plan that development in the southeast comer of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 of the ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner.'' Option B: "I move to recommend DENIAL of Case No. WZ-14-09, a request for a zone change from Commercial-One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: 1. 2. 3." Planning Commission WZ-14-9 /Applewood Village Shopping Center 13 Exhibit 2, Letter of Request 1!480 Lt." D•chard R.,..d P 30J 300 !>300 Stut 6 900 F l03 91 ti90& Uo.,.,nwoadVII g" C0 801 11 R g•ne yC~nt•r•com Regency Cen ers September 12, 2o1<1 Written request and description of proposal: Regency Cen ters is the applicant for the proposed ApplewDOd Village Shopping Center ODP Amendment #9. The intent of the proposed Amendment is for Regency to consolidate our land holdings at Applewood Village Shopping Center into a s1ngle unified zone district. Plamed Commercial Development (PCO). The bulk of Applewood ViDage Sh op p ng Center is wrrentty zored PCO. This rezoning wilt dlange a C-1 zoned area at the southwest comer of the property and an R.-c and N-c area at the SOCJttieast comer of the property to PCO like the remainder of the Shopping Cen~r . The proposed rezoning is necessary to prepare for Improvements to a few parcels at the sni:heast come r of the sl\opping center which rurrentfy house the vacant Old Ol1cago restaurant, the sma buddlnq with tfle ha•rculter and gun shnp, Md the two ~cant lot:; souttl of ~50!! btnldings adJdU~!Il to 32nd Avenue. The rezoning is the first step In allowing Regency Centers to commence the demolition of these vacant buildings which have become an eyesore . Upon completion of the demQiition we plan to con!rtruct il region&! storm Wdlt!l detention aM water quality facility end a ruel center associated w th King Soopers. Zon Change Review Criteria from Section 26-303.0 of the Mun dpal Code: l . The ~nge of zone promotes the health, safety_ and general welfare of the CDmmtJ!lity Nld will not result in a significant .Jdverse effect on the surrounding aru. -The proposed dlange of zone is a consol dation of~ Applewood Village Shopping Center into a single unified zone d1S tr1ct, Pla nned Commercia l Development (PCO). This consol dation will also allow the approved PCO uses in the southeast and southwest comer or the property. Appl!wood Vi llage ~ c1 viiJrodMl rt!g iOI\3 1 rMad center designed to serve its patrons with an array or products and services . Including the southeast comer In the same zone district does not adversely affect the surrounding area . 2. The development proposed on the subject property Is not fe.Jsible under any other zone district, and would rr:quire an unreasonable number of Vllrfsnces or waivers and rondltions -Consolidating the southeast and southwest property into the PCD zone district 1s the oorrect entitlement approach for the City and the owner . Th is approach deans up a confusing zoning diagram for the ent•re shopping center wh ich wi ll create conslstency and el lm1nate management confus ion . To allow the proposed fuel center by a different entit1ement method wo uld requ re va ri ances and wa ivers if it is even possible by that approach. Planning Commission WZ-14-9 / Applewood Village Shopp ing Center 15 3. AdeqtJflte infrastructure/fao1ities ar~ availtJble to serve the types of uses allowed by the c/Mnge of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. -Currently buildings exist on the property where new development is proposed therefore adequate infrastructure and utilities already serve the property to allow this Chafl9e of zone. If it is determined additional improvements are required tor the new development to function we will work wltn the City on the design and implementation of those improvements . For example ~ are proposing to construct a detention and water quality facility which wrrentfy does not exist. This addition will improve current storm water runoff conditions. 4. Ar least one {1) of the following conditions exists: a. The change of zone is In conformanre, or will bring tht! property into conformance wit!J, tiJe City of Wheat Ridge comprehensive plan goals, objectives and polldes, and other dty- approved policies or plans for rile aret1. Regency has recently acqu i red or is in the process of acqu iring different properties within the Applewood Village Shopping Center . Therefore Regency Is consolidating our land ownership Into one un ified development and zone district. It Is M objective of the City to create more attractive, connected and ecollOmically viable developments within the City , consolidation of this property allorws for this to occur. Additionally it Is our goal as wen as ttle cities to create a comprehensive sign program which will be possible when the property is conso li dated. b. The existing zone classification cu~ntly recorded on the offidal zoning maps of the City of Wheat Ridge is In error. Not Appl icable . <:. A chMge of character In the area has occurred or is occum'ng to suc/1 a degree that it is In the public interest to encourage redevelopment of the area or to recognize the changing chafi!der of the area . There are existing buildings on the property that are currently underutllized, vacant. dllapldated or in disrepair. lhe proposed rezoning allows Regency to clean -up these buildings . This is alread)' eVIdenced by the razing of the old gas station and shop building at the northeast come r of 32 "" and Youngtield . d. The proposed rezon ing is necessary in order to prr>l'ide for a community need that was not antidpated at the ume of the adoption of the City of ~at Ridge comprehensi ve plan. The rezon ing of the southeast comer of the property will allow for a fueling station . A fueling station previously existed elselfllhere on the property so we are reintroducing a community need which will have better access and will be more appealing to today's customer. PlaMing Commission WZ-14-9/Applewood Village Shopping Center 16 Exhibit 3, Zoning Map Planning Commission 17 WZ-14-9/Applewood Village Shopping Center Exhibit 5, ODP document Planning Commission 19 WZ-14-9/Applewood Village Shopping Center Exhibit 6, Neighborhood Meeting Notes Meeting Date: Attending Staff: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: NEIGHBORHOOD MEETING NOTES August 5, 2014 Meredith Reckert , Senior Planner Ridgeview Baptist Church 3810 Youngfield Wheat Ridge , CO 80033 Applewood Village Sho&ping Center extending from W. 32 "d Avenue north to 38 1 Avenue and generally bounded by Y oungfield on the west US Retail Partners , LLC P.O . Box 790830 San Antonio , TX 78279 No Eric Chekal , Regency Centers 8480 E. Orchard Rd , Suite 6900 Greenwood Village , CO 80111 Phone : 303-300-5335 Email: Eri cChekal @ RegencyCenters . com Planned Commercial Development, Commercial-One, Neighborhood Commercial and Restricted Commercial Primary Commercial Corridor, Community Commercial Center, Mixed-Use Commercial The Applewood Shopping Center is comprised of approximately 35 acres in the western quadrant of the City ofWheat Ridge, adjacent to a portion of the 1-70 corridor. The shopping center is bordered by West 38 1h Avenue to the north , a mix of residential neighborhoods to the east, West 32"d to the south , and Youngfield Street to the west. The properties in the shopping center have mixed zoning with Restricted Commercial (R-C), Neighborhood Commercial (N-C), Commercial-One (C-1) and Planned Commercial Development (PCD). Planning Commi ss ion WZ-14-9/ Applewood Village Shopping Center 20 The initial proposal is to consolidate zoning on the property and eventual construction of a King Soopers fueling center in the southeast comer of the Applewood Shopping Center. Other proposed development will include a Wells Fargo drive-through facility for the existing bank building completed in 2011. Access to the site is from an internal drive to the south onto West 32"d Avenue which runs north to West 38th Avenue. Existing on the fuel station development site is an 18,7 50 square foot office building. A significant change in elevation exists on the southeastern portion of the site. There is an 18-foot drop in elevation from the southern section of the proposed site to West 32nd Avenue. From the neighborhood to the east to the proposed site is a 12-foot change in elevation. This change in elevation creates a significant visibility to the site from both West 38th Avenue and the neighborhood to the east. Included in the development is a 5' wide strip ofland on the northern side of the existing parking lot along 32"d A venue. This property will be rezoned and incorporated into the PCD as well. The site for the Wells Fargo drive-through has a vacant restaurant building which will be demolished. Applicant/Owner Preliminary Proposal: The initial application will be to rezone and consolidate the new ownership parcels into the overall PCD. A zone change and Outline Development Plan will be required first. Once this occurs, the applicant can proceed with Specific Development Plans and a plat. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant, 40 members ofthe public attended the neighborhood meeting. • Staff explained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the reason for the zoning change and the proposed redevelopment of the southern portion of the site to accommodate the new fueling station and proposed plans for the Wells Fargo drive-through. • The members of the public were informed of the process for a zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues were discussed regarding the zone change request and proposed development: • Why not build the new gas facility at the hard comer of 32"d and Youngfield where the gas station was demolished? That corner has limited access with only a right-in turn from 32nd Avenue and a right-out onto Youngfield. King Soopers thinks that it is too far away from the main store. In addition, the shopping center owner would like to build something more attractive with upgraded architecture than a gas station on that corner. • Traffic is proposed to access the fueling station from the major interior drive which extends Planning Commission 21 WZ-14-9 /Applewood Village Shopping Center north from 32"d along the front facades of the Noodles building and north. How will traffic exit the site? Traffic can either turn right to go north or left to go south to 32nd Avenue. • A left tum at the 32"d Avenue exit from the shopping center is already difficult. Will there be a traffic signal installed at the entrance to the center from 32"d Avenue? No. A signal at this location would be too close to Youngfield and the entrance is offset from the street to the south. • Why doesn't the owner demolish the vacant Wells Fargo building at 12600 W. 32"d Avenue and build the fueling station there? The center owner is hoping to re-tenant that building or redevelop the site. • It was suggested by one of the attendees that traffic in the shopping center should be one-way. The access onto 32"d Avenue could be one-way in and the access at 38th Avenue could be made one-way out. • It was also noted that the alley running behind the center is used for loading but there is additional traffic using it including pedestrians and bicycles in addition to large vehicles at the loading docks. It was suggested that the loading area behind the center be designated as one way. • Will the barbershop building be demolished and will they be relocated into the shopping center? Yes, the existing barber shop building will be demolished. The owner can discuss relocation in the shopping center with the Regency leasing team. • What type of protection/buffering will be provided to the neighborhood to the east? Plans will include a large amount of upright landscaping around the new detention pond to provide a visual buffer for the neighborhood to the east. • What kind of measures will be made to address sustainability? The redevelopment proposals will increase the amount of landscaping on the site. Currently there are no provisions for water quality or detention and the proposed pond will help with that. • Will there be any impact on ground water levels? No soil drillings have been performed yet • Why can't the old Holly West building be used for the fueling station? The property is not the right size and is already planned to be redeveloped into the Wells Fargo drive through. Several comments were made as to understanding the necessity of the King Soopers fueling station; however, there was concern expressed about the proposed location and the impact on the neighborhood to the east. One attendee commented that new development is in the shopping center should be an improvement over what is currently there'll Staff received one written comment prior to the neighborhood meeting. The letter is attached. Planning Commission WZ-14-9 /Applewood Village Shopping Center 22 Regency Centers 8480 East Orchard Road, sui1e 6900 Greenwood Village , CO 80111 Thank you for sending us the "Notice of Neighborhood Meeting~ We do plan to attend. It seems that from the discussion items there might be some concrete work done. Therefore I need to make you aware that the alley that is supposed to seJVe as an o11erflow drain has a problem. The concrete east curbing that is supposed to act as a barrier has been compromised. probably by big trucks crushing the concrete. The concrete , especially in low plaoes , has cracks even down to the rebar and allows water to seep into the yards to the east sometimes causing flooding. Thrs has been a problem for the last several years but with the possibility of rain in the forecast it Is more imminent now. Hopefully you can take this into account in your planning and fix the problem . Thank you for the opportunity to voice my concern . 8e!"'".etft'o fl.....,lf"*ili-R Community Development Department. 7500 West 29m Allenu~. Wheat Ridge, Colorado 80033 Planning Commission WZ-14-9/Applewood Village Shopping Center 23 00 ~ (1) (1) ..d r:/) 0.. 0 I d OJ) . ,....... r:/) r-. r- ~ 1 . . ,....... ..n . ,....... ..d 2. X ~ 3. 4. August 5, 2014-6 PM Neighborhood Meeting Applewood Village Shopping Center Zone change from Planned Commercial Development (PCD), Restricted Commercial (RC) and Neighborhood Commercial (NC) to Planned Commercial Development (PCD) PLEASE PRINT Name Address r ~It\ _{C~r1s GQt~~lt-'ik• 77?3 vY~u___St _jy\S (v ~~ J I J - --, Jobtl t~"'"' C---err-rr/Ja 7j3 D 4JM l )-,.;1 9-lJf} La W 0 3 3;. He/, .. t!~ ?-t.!d stp 11 W()J rJ ,e~ ·· \' .. " ~ N .... ~ c a Oil .s I til ~ c;> 0"0 ·-0 "' 0 .~ ~ §-a 0~ u .._ ooO\ !:) I ·~ ~ s-~N p:;~ 1. 2. 3. 4. August 5, 2014-6 PM Neighbolflood Meeting Applewood Village Shopping Center Zone change from Planned Commercial Development (PCD), Restricted Commercial (RC) and Neighborhood Commercial (NCJ to Planned Commercial De\'elopment (PCD) PLEASE PRINl Name Address. -; ,o II) C"l ... ~ 0 u .SO 8: _g tl) 0 ~ > §~ ·~ 0 "' 0 -~ ~ ~-a 0~ u .__ gpo:-·~ ~ p:~ 1. 2. 3. 4. August 5, 2014 - 6 PM Neighborhood Meeting Applewood Village Shopping Center Zone change from Planned Commercial Development (PCD), Restricted Commercial (RC) and Neighborhood Commercial (NC) to ,Planned Commercial Development (PCD) PLEASE PRIN T Name Address \'\I /.NI GQ b .. ...-7o:. ~Toe ·, f:~Pa,,..1 32M d f Ya.,,C,k/ j 24= 2-, t....J }2 ad c~ ... E!_ J:iA-JA/L~~IA/ri . ~.&t:A~L_r ]__t~# _ _ _ ~~ b.b.17__ .d~..2 V:v,.-z.,.: Pr-rr - --·------··-. - - 'l !M (!....R.II 4/ ) I VS tvfi ftr!f'r S r 0\ C'l ~ 8 Oil .s c. _g t/) ~ l=l> 0"'0 ·-0 "' 0 ·~! o.<" u __ .~± §N p::~ 7. PUBLIC HEARING A. Case No. WZ-14-09: Ms. Reckert presented the case. She entered into the record the contents of the case file and packet materials, the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. Commissioner BUCKNAM inquired about the ownership of the non-included parcel to the southeast. Ms. Reckert stated the parcel is under separate ownership and not included in the request. Commissioner BUCKNAM stated a large portion of the site was designed and built in the 1970's but there has never been an Outline Development Plan (ODP) for the development. Ms. Reckert stated the site has not been reviewed comprehensively. This application will fulfill the need for an Outline Development Plan (ODP). Commissioner BUCKNAM asked if Specific Development Plans (SPD's) will be required for specific new builds only and not the entire development. Ms. Reckert replied yes, that is correct. Commissioner WEAVER inquired if and when a traffic study will be done. Ms. Reckert stated the applicant is in the process of submitting a traffic study for the entire site and individual site analysis will be reviewed on an incremental basis as specific development plan applications occur. In response to Commissioner WEAVER's inquiry, Ms. Reckert stated landscaping will be reviewed as development occurs. Commissioner DORSEY stated there should be more limited access to the center from Youngfield Street and suggested another traffic signal at the entrance from 32nd A venue. Ms. Reckert stated the traffic study will dictate requirements and staff wants to reserve the right to look at access points and limit them. Language has been added as a condition. Commissioner DORSEY indicated most of development will be on the southeast comer and it should be addressed with a traffic signal. Commissioner BUCKNAM inquired about the buffering along Wright Court and asked if staff has specifics in mind in regard to the upgraded vertical landscaping. Ms. Reckert stated a landscaping plan will be reviewed as part of the SOP. Eric Chekal Regency Centers 8480 E Orchard, Suite 6900 Attachment 3 Greenwood Village 80111 Mr. Chekal introduced Dennis Sobieski, Civil Engineer, Dick Ansteth, Architect and Land Planner and Will Damrath, Regional Officer for Regency Centers. He stated Regency Centers is a national company and owns 328 centers nationally. Regency Centers owns, develops and operates the shopping centers. He reviewed a slide presentation and provided hardcopies to the Commissioners. The site was acquired in 2005. The goal is to make the center more vibrant than it is today with a leasing rate of95% or more. Currently, much less is leased due to circulation, dilapidated buildings~estrian/vehicular connectivity and generally needed improvements. The comer of32 & Youngfield Street was acquired in 2013. Since then the gas station and retail shop building have been demolished. Wells Fargo would like to add a drive thru banking facility behind their new building at 3490 Youngfield . The ODP will allow investment and redesign for the shopping center. A master sign program will be created to consolidate signs for better tenant visibility. Regency Center envisions more restaurants, creating some pedestrian connected place making, bike racks, better way-finding and access points. The water quality detention area needs to be built east of the future SOP area in the southeast comer of the site to consolidate current multiple ponds. It will create significate screened buffering to the adjacent residential area . Wells Fargo and King Soopers are currently working on SDP applications. In response to Commissioner KIMSEY's inquiry, Mr. Chekal replied that approximately 50,000 square feet of vacant tenant space is currently available. Commissioner BUCKNAM inquired about the lower elevation parking lot property not marked as future SOP area and asked if it will remain as parking. Mr. Chekal stated the intent is to include it in the future SOP for the King Sooper fueling station. Commissioner Bucknam wondered about impact to residences on Wright Street in relation to ground water run-off and odor associated with the fuel center. Mr. Chekal stated the focus is to put something with good masonry at the entrance with good connections for vehicles and pedestrians. Vice Chair OHM opened the public hearing. Donald Winton 12590 W. 32nd Ave Mr. Winton stated he lives across the street from the proposed gas station and entrance from 32nd Avenue . He asked if there were any consideration for the homeowners and the impact on property values due to the gas station with lighting, noise, and the extended business hours. He has witnessed numerous accidents (some in his yard) as a result of left-hand turning movements out of the complex. He suggested only allowing right turns in and out at that entrance. Ms. Reckert deferred the traffic issues to the applicant. Mr. Chekal stated a traffic study is in process and at this time there is no plan to install a traffic signal based on the current wait times and level of service at that location . Further analysis will be done as additional SOP's are reviewed. Commissioner WEAVER inquired about lighting regulations. Ms . Reckert stated a condition has been added requiring the applicant to submit a photometric plan for the fuel center staff will review. Vice Chair OHM closed the public hearing. It was moved by Commissioner WEAVER and seconded by Commissioner KIMSEY to recommend approval of Case No. WZ-14-09, a request for a zone change from Commercial-One, Restricted Commercial and Neighborhood Commercial to Planned Commercial Development (PCD) zoning and an Outline Development Plan (ODP), on property located in the Applewood Village Shopping Center addressed generally as 3400 Youngfield Street for the following reasons: I. The proposal is consistent with the City's guiding documents including the Neighborhood Revitalization Strategy, Envision Wheat Ridge and the 1- 70/.Kipling Urban Renewal Plan. 2. The new zoning and ODP will facilitate redevelopment of certain areas in the Applewood Shopping Center. 3. The proposal meets the zone change criteria. 4. All requirements for an Outline Development Plan have been met. With the following conditions: 1. A note be added that bicycle parking should be consistent with Section 26- SOI.E.4 of the zoning and development code. 2. Language be added to the plan that development in the southeast corner of the area include consideration for upgraded vertical landscaping, reduction of lighting at night and hours of operation limitations. 3. Public Works' recommended language be included on Sheet 2 ofthe ODP document. 4. A signature block for the Economic Development Manager must be included on the face of the ODP document as the City will be a cooperating property owner. Motion approved S-0. Council Action Form -Vacatin g Right-of-way January 12 , 2 014 Page 2 January 15 . Accordingly, Council is asked to open the public hearing on January 12 , take any testimony, then continue the hearing to its January 26 meeting for any additional testimony and final action on the ordinance. REC OMMEN DAT IO NS: Staff recommends approval of the ordinance. REC OMMENDED MOT IO N: "I move to continue the hearing on Council Bill No. 17-2014, an ordinance vacating any interest held by the City in a portion of 441h A venue, for final action at the regularly scheduled Council meeting of January 26, 2015. Or, "I move to postpone indefinitely Council Bill 17-2014 vacating any interest held by the City in a portion of 441h Avenue for the following reason(s) " RE PORT PRE PARE D BY: Gerald Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS : 1. Counci1Bil1No.17-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS COUNCIL BILL N0.17-2014 ORDINANCE NO. ___ _ Series 2014 TITLE: AN ORDINANCE OF THE CITY OF WHEAT RIDGE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF 44TH AVENUE, A PUBLIC ROADWAY WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, due to a potentially inaccurate legal description, certain property lying immediately north of 44th Avenue may be subject to a dedication as a part of the 44th Avenue right-of way; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1 )(a)(l) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of this area; and WHEREAS, the portion of the 44th Avenue right-of-way to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting said public roadway will be left without an established public road or private-access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. To the extent of any City interest therein, the following portion of the 44th Avenue right-of-way is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation: as more particularly shown on the attached Exhibit A. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Attachment 1 Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on this 8th day of December, 2014 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for January 12 , 2015 at 7:00 p.m., in the Council Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado. READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2015. SIGNED by the Mayor on this __ day of ____ _ , 2015 . ATTEST : Janelle Shaver, City Clerk First Publ ication : December 11 , 2014 Second Publication: Wheat Ridge Transcript Effective Date : Published : Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney Wheat Ridge Transcript and www.ci.wheatridge.co .us 2 Council Action Form -Re zoning Harlan Street Property January 12 , 2015 Page2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of$957 were collected for the review and processing of Case No. WZ-14-11. BACKGROUND: The property is located at 4295 Harlan Street in the northeast quadrant of the City, near the intersection of Harlan St. and 44th Ave. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single family home in 1951 . Since that time , the building was converted for commercial use . Most recently, the site served as a spa and skin care business . Due to the low intensity of the use, the property retains a residential character inside . Surrounding Land Us es The site is currently zoned Restricted Commercial (RC) and is surrounded by residential and commercial uses. To the north , northeast , and south along Harlan Street are parcels zoned Restricted Commercial (RC). These properties include a chiropractor, veterinary clinic, and offices for an electrician and home cleaning service. To the west is a neighborhood zoned Residential- Two (R-2) and to the southeast is a neighborhood zoned Residential-Three (R-3). Both include mostly single-family homes. A few parcels north of the subject property on Harlan and Gray streets are properties that have been recently rezoned to Mixed Use-Neighborhood (MU-N). Current and Proposed Zoning The current and proposed zone districts are very similar as RC and MU-N were both established to provide for neighborhoods serving commercial uses. A significant difference, however, is in the treatment of residential uses . In the RC zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use , it cannot be converted back to a primary residential use under the current RC zoning. Unlike in Restricted Commercial , a new residence is considered a permitted use in the Mixed Use- Neighborhood zone district. The applicants are seeking a zone change to allow for them to utilize the property as their primary residence . The MU-N zoning will allow for the desired residential use and will also preserve the possibility of live/work or commercial uses for future owners. RECOMMENDED MOTION: "I move to approve Council Bill No. 01-2015 an ordinance approving the rezoning of property located at 4295 Harlan Street from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) on first reading, order it published , public hearing set for Monday, February 9, 2015 at 7 p.m. in City Council Chambers , and that it take effect 15 days after final publication." Council Action Form -Rezoning Harlan Street Property January 12 , 2015 Page 3 REPORT PREPARED/REVIEWED BY: Sara White, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 01 ORDINANCE NO. ___ _ Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 14-11/ KAPLAN) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 4295 Harlan Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for a mix of land uses and appropriate transitions between commercial corridors and neighborhoods; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 18, 2014 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4295 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and ATTACHMENT 1 welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of publ ic convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained . Section 4. Severability: Conflicting Ordinance Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _on this 1 i h day of January , 2015 , ordered it published with Public Hearing and consideration on final passage set for Monday, February 9, 2015 at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 29 1h 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 9th day of February, 2015 . SIGNED by the Mayor on this ___ day of _______ , 2015. ATIEST: Janelle Shaver, City Clerk 1st publication : 2nd publication : Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form Gerald Dahl , City Attorney ,~A~ .. 4 "' City of • :P'WheatR.i_dge ITEMNO: S. DATE: January 12 ,2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2015 AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA ESTABLISHMENTS 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR 18T READING (1112 /2015) 0 ORDINANCES FOR 2ND READING (1/26 /2015) D YES Since August of2014, the City has been operating under a temporary moratorium on marijuana- related businesses. The moratorium was imposed to permit the City Council time to study and evaluate the City's existing local regulations governing such businesses. The Council has completed its evaluation and directed the preparation of this ordinance that addresses the following main points: • Establish a cap on the maximum number of marijuana-related businesses allowed in the City; • Designate all "storefront" operations (where the public may purchase marijuana) as a Special Use in the C-1 zone district ; • Limit cultivation activities to a maximum of 5,000 square feet; • Impose a separation requirement (1 ,000 ft) from storefront operations to the Wheat Ridge Recreation Center and improved City parks ; and • Incorporate certain state regulations concerning signage and establish a review process for such signage. Council Action Form -Amendments to Marijuana Ordinance January 12 , 2015 Page2 Additionally, the Council directed that a separate ordinance be prepared that would permit existing legal nonconforming marijuana businesses to collocate (medical marijuana businesses could include retail marijuana in their existing business operations; retail marijuana businesses could include medical marijuana in their existing business operations). Those provisions are contained in a separate Council Bill. Finally, the Council directed Staff to develop a mechanism under which the Council is notified of the following events concerning marijuana-related businesses: (1) Application is made for a new Special Use Permit; and (2) Application is made to modify or transfer an existing licensed business. Staff has developed a proposed mechanism, further described below, and determined that it does not require modification of the Code or inclusion in this ordinance. The ordinance also contains a recommended clarification in the zoning use chart that was not previously discussed by Council. Under the City's existing regulations , cultivation operations are permitted in only two scenarios: (1) contiguous to an associated storefront business ; and (2) contiguous to an associated manufacturing business. As noted in the 2"d bullet point above, Council directed that all storefront operations be designated as Special Uses in the C-1 zone district. Council did not discuss whether a cultivation operation that is associated with a storefront in the C-1 zone district should also be designated as a Special Use. This ordinance provides that a cultivation operation will mirror the zoning designation of its associated principal use. The result: when a cultivation operation is associated with a storefront in the C-1 zone district, it will be reviewed as a Special Use -the same process used to review the associated store. When a cultivation operation is associated with a manufacturer in any zone district or with a storefront in the IE zone district, it will be reviewed as a permitted use -the same process used to review the associated manufacturer or store. Staff believes this clarification of the zoning designation of cultivation operations is consistent with the Council's policy directives otherwise reflected in the ordinance. Staff also believes these provisions would be logical and intuitive for both the public and City decision-makers. Staff would appreciate Council discussion of this topic to ensure that it is consistent with the goals of this ordinance . PRIOR ACTION: The Council discussed a draft ordinance on December 1, 2014. At that study session, the Council directed the following amendments be made to the draft ordinance: 1. Remove the ordinance provisions that would allow non-confonning marijuana businesses to collocate ; place those provisions in a separate ordinance . As mentioned above, those provisions have been removed from the attached ordinance. Amendments to the following Code provisions, concerning the ability of non-conforming marijuana businesses to collocate, have been moved to a second ordinance: Code §§ 11- 305(g); 11-415 ; and 11-416(h). Council Action Form -Amendments to Marijuana Ordinance January 12 , 2015 Page 3 2. Clarify the ordinance language concerning the maximum number of permitted marijuana- related businesses . Language under Code§§ 11-298(a)(7) and 11-408(a)(7) has been amended. In association with this last amendment, Staff considered how it would implement the maximum number of licenses. To provide clear expectations and guidance on this point, this ordinance also contains a process under which the maximum number of licenses will be managed by Staff. See, Code §§ 11-298( c) and 11-408( c). The proposed process generally requires the City to advertise vacancies and accept letters of intent for 30 days . If more than one letter of intent is received , the City will select an applicant by lottery. An applicant must submit complete applications (license application and special use permit application , if required) within 60 days and obtain its business license and Special Use Permit, if required , within 180 days. An applicant 's failure to diligently pursue its application with the City, either through the failure to provide necessary information or to meet the above deadlines, would result in rejection of the application or cause the City to once again advertise that a vacancy exists. FINANCIAL IMPACT: While difficult to predict, the projected impact of this ordinance on potential sales tax generation is believed to be minimal. Under existing City regulations, the available locations for marijuana- related businesses are already limited. This ordinance caps the number of marijuana-related businesses at the number that currently exists . It is unlikely that this ordinance will prevent the location of a significant number of storefront operations in the City that would otherwise be permitted under the City's current regulations. City staff will spend additional time and resources administering this ordinance and the associated process to notify Council of certain marijuana-related business activity. BACKGROUND: In 2011 and 2013 , respectively, the City Council adopted local regulations governing medical marijuana businesses and retail marijuana businesses. Each set of regulations requires such businesses to obtain a local license to operate, in addition to the state license required by state law , and imposes limitations on where such businesses may locate within the City. As a result of recent expressed interest in locating marijuana-related businesses in permissible locations , City residents expressed concern over the appropriateness of the current location restrictions. In response to those concerns , the City Council adopted a temporary moratorium on marijuana-related businesses in August of2014. The moratorium was imposed to allow the Council time to review and evaluate the City's existing marijuana regulations generally. Council reviewed existing regulations in regard to the appropriateness of the location of marijuana- related businesses and their compatibility with adjacent land uses and potential impacts on neighbors. It also evaluated the public health , safety and welfare impacts of such businesses in regard to potential exposure to minors. Council Action Form -Amendments to Marijuana Ordinance January 12 , 2015 Page4 On December 1, 2014 , the Council reviewed a draft ordinance amending the City's marijuana regulations. In addition to the Code amendments discussed above , the Council directed Staffto develop a mechanism under which the Council was notified of certain marijuana business-related activities. ln that regard , Staff presents the following for Council's consideration: Notification of submittal of new Special Use Permit (SUP). Staff can utilize the current distribution of the quasi-judicial spreadsheet to meet this requirement, calling particular attention to the submittal of a marijuana-related application . Please note that the public concerns relative to the site at 38th and Miller were triggered based on the community becoming aware of a pre-application meeting that was held with Staff, which is a Code-required , pre-cursor to formally filing any land use application. It has been a long standing City policy that an application is not considered public information until a pre-application meeting has been held with Staff. This protects important principles of developer/business owner confidentiality. It is important to note that not all pre-application meetings result in the filing of a formal application , and in fact , a SUP would not be eligible for submittal until an applicant has also conducted a properly noticed neighborhood meeting. To address City Council 's desired notification request , Staff is recommending that City Council be provided notice upon the scheduling of a neighborhood meeting. This notification would be provided at the same time as the formal public notice of the neighborhood meeting is provided to surrounding property owners and residents. Notification of any modifications or transfer of a business license. The Sales Tax DiYision serves as the local licensing authority for all marijuana establishments. Any modification to a marijuana business license would be processed through their office and Staff will set up a protocol in the electronic database of business licenses whereby they are able to notify City Council of any changes to a marijuana business license . Periodic mapping updates depicting permissible locations. Providing updates to maps is a relatively labor intensive effort as it requires Staff to get updates on business licenses pertaining to marijuana establislunents and all of the various types of establishments from which 1,000-foot buffers are required. Staff also needs to look outside of jurisdictional boundaries as the separation requirements between marijuana establislunents and the buffer/separation requirements extend beyond municipal boundaries. Staff is recommending quarterly updates to City Council, occurring 15 days after the end of each quarter (i.e. 1st quarter notification would be provided to Council on April 15). Staff proposes providing hard copy maps to Council members via their City mail boxes . OPTIONS FOR COUNCIL ACTION: 1. Approve the ordinance as presented on first reading 2. Approve the ordinance on first reading with amendment(s) 3. Postpone consideration of the ordinance indefinitely Council Action Form -Amendments to Marijuana Ordinance January 12, 2 0I5 Page 5 RECOMMENDED MOTIONS: "I move to approve Council Bill No. 02-20I5 , amending Chapters 5, II and 26 ofthe Wheat Ridge Code of Laws concerning the regulation of medical and retail marijuana establishments on first reading, order it published , public hearing set for Monday, January 26 , 2015 , at 7:00p.m. in City Council Chambers , and that it take effect fifteen (15) days after final publication." Or, "I move to postpone indefinitely Council Bill No. 02-2015 for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attorney 's Office Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No . 02-2015 2. November 24 , 20I4 staff memorandum summarizing the initial draft ordinance 3. City maps reflecting locations and buffers of existing marijuana businesses CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 02 Ordinance No. ___ _ Series 2015 TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA ESTABLISHMENTS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014, the Council adopted a temporary moratorium on certain City approvals necessary to establish and operate marijuana establishments in the City for the purposes of permitting the Council to study and evaluate existing local regulations; and WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014, the Council adopted an additional temporary moratorium on such approvals in order to permit the Council adequate time to carefully study the many issues implicated by the regulation of marijuana-related businesses; and WHEREAS, the Council has completed its study of such issues and now desires to amend certain provisions of Chapters 5, 11 and 26 of the Wheat Ridge Municipal Code ("Code"), concerning the regulation of both medical marijuana establishments and retail marijuana establishments, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-296 of the Code, concerning application for a medical marijuana business license, is hereby amended as follows: Attachment 1 Sec. 11-296.-Application for license. (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state, A SIGN APPLICATION and shall include all additional information required by the Colorado Medical Marijuana Code. IF PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON THE PROPERTY UNTIL APPROVED BY THE CITY. SEE SECTION 26-708.H. (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application. Section 2. Section 11-298 of the Code, concerning the issuance of medical marijuana business licenses, is hereby amended as follows: Sec. 11-298.-Standards for approval of license; no hearing required; MAXIMUM NUMBER OF LICENSES. (a) The local licensing authority is authorized to administratively approve any license under this division so long as the following conditions are met: (1) The application (including any required attachments and submissions) is complete and signed by the applicant; (2) The applicant has paid the application fee and any other fees required by this Code ; (3) The application does not contain a material falsehood or misrepresentation; (4) The application complies with all of the requirements of this division and the Colorado Medical Marijuana Code; aR€1 (5) The licensing authority has received written approval from the city police department as to the applicant's criminal background.,. ; (6) The licensing authority has received written approval from the community development department that the location and zoning 2 requirements imposed by this division and section 26-204 of this Code have been met; AND (7) THE PROPOSED LOCATION , IF APPROVED , WILL NOT EXCEED THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED IN THE CITY. a. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA CENTERS AND RETAIL MARIJUANA STORES IN THE CITY SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA STORE AND A MEDICAL MARIJUANA CENTER COLLOCATED IN ACCORDANCE WITH SECTION 11-415(C) SHALL BE COUNTED AS ONE (1) STORE/CENTER. b. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA- INFUSED PRODUCT MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE CITY SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA PRODUCTS MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURE COL -LOCATED IN ACCORDANCE WITH SECTION 11-415(B) SHALL BE COUNTED AS ONE (1) MANUFACTURER. (b) The local licensing authority may , but is not required to hold a hearing as permitted by C.R.S . § 12-43 .3-302 prior to granting a medical marijuana license . (C) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS: (1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM NUMBERS ESTABLISHED BY PARAGRAPH (A)(?) ABOVE , THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY 'S WEBSITE AND POST SUCH NOTICE AT THE CITY 'S OFFICIAL POSTING PLACES . THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY 'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE . (2) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE 3 OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION : A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII AND/OR XIII OF CHAPTER 11. B. THE PROPOSED LOCATION OF THE ESTABLISHMENT. C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY , IF THE OWNER IS NOT THE INTERESTED PARTY , TO CONDUCT THE PROPOSED ESTABLISHMENT AT THE LOCATION . (3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO CONTINUE PROCESSING BY LOTTERY . ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE . THE NOTICE OF VACANCY SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE (1 ) LETTER TO CONTINUE PROCESSING. (4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A COMPLETE SPECIAL USE PERMIT APPLICATION , IF REQUIRED PURSUANT TO SECTION 26 -204 , WITHIN SIXTY (60) DAYS OF: A. THE DATE THE APPLICANT IS SELECTED BY LOTTERY , IF SO SELECTED ; B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETTER OF INTENT; OR 4 C. THE DATE OF THE APPLICANT'S LETTER OF INTENT IF SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD. (5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE SET FORTH UNDER PARAGRAPH (C)(4) ABOVE. (6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET FORTH UNDER THIS SUBSECTION OR TO TIMELY FILE THE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE SPECIAL USE PERMIT PROCESS, IF APPLICABLE, OR THE CITY BUSINESS LICENSE PROCESS, AS DETERMINED BY THE CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (C)(1) ABOVE. Section 3. Subsection 11-305 of the Code, concerning prohibited locations of medical marijuana businesses, is hereby amended as follows: Sec. 11-305.-Prohibited locations. (a) Except as provided in subsection (g) of this section, no medical marijuana establishment shall be located at a location that does not conform to the requirements of this section. (b) No medical marijuana center or medical marijuana-infused product manufacturer shall be located within one thousand (1 ,000) feet of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential child care facility. NO MEDICAL MARIJUANA CENTER SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS SUBSECTION, IMPROVED CITY PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF PASSIVE RECREATION, INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT. +Afs THESE limitationS will be computed by direct AERIAL measurement from the nearest property line of the land used for a school, treatment facility, campus, 9f residential child care facility, IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION CENTER to the nearest PROPERTY LINE OF THE LAND ON portion of the building in which the center or manufacturer is to be located, using the most direct route of 5 medical marijuana establishment under this section shall not be grounds to suspend, revoke, or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Section 4. Section 11-306 of the Code, concerning signage requirements for medical marijuana businesses, is hereby amended as follows: Sec. 11-306. -Signage. (a) All signage for a medical marijuana establishment shall comply with the requirements of chapter 26 of this Code. (b) No licensee shall display a sign for the medical marijuana establishment that contains the word "marijuana," "cannabis," or any other word or phrase commonly understood to refer to marijuana unless such ~.vord or phrase is immediately preceded or follmved by the word "medical." EXCEPT AS OTHERWISE PROVIDED HEREIN, IT SHALL BE UNLAWFUL FOR ANY MEDICAL MARIJUANA ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER PUBLIC PLACE , INCLUDING ADVERTISING UTILIZING ANY OF THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR GENERAL ADVERTISING DEVICE ; ANY SIGN MOUNTED ON A VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN; OR ANY HANDBILL, LEAFLET OR FLIER DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE , LEFT UPON A MOTOR VEHICLE, OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY OWNER. THESE PROHIBITIONS SHALL NOT APPLY TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A MEDICAL MARIJUANA ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF THE MEDICAL MARIJUANA ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS CODE. (C) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES. (D) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE , FALSE , OR MISLEADING . 7 (E) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR AN IMAGE RESEMBLING THE SAME. (F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE. Section 5. Section 11-406 of the Code , concerning application for a retail marijuana business license , is hereby amended as follows: Sec. 11-406.-Application for license. (a) A person seeking to obtain a license pursuant to this division shall file an application with the local licensing authority on a form provided by the state , A SIGN APPLICATION and shall include all additional information required by the Colorado Retail Marijuana Code . IF PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF INITIAL APPLICATION , AN APPLICANT MAY FILE THE SIGN APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON THE PROPERTY UNTIL APPROVED BY THE CITY . SEE SECTION 26-708.H. (b) The local licensing authority is hereby authorized to request any applicant to provide information that is in addition to the requirements of the Colorado Medical Marijuana Code if it determines that such information is reasonably necessary to complete the investigation and review of the application . Section 6. Section 11-408 of the Code , concerning the issuance of retail marijuana business licenses , is hereby amended as follows : Sec. 11-408.-Standards for approval of license, no hearing required; MAXIMUM NUMBER OF LICENSES. (a) The local licensing authority is authorized to administratively approve any license under this article so long as the following conditions are met: (1) The application (including any required attachments and submissions) is complete and signed by the applicant; (2) The applicant has paid the operating fee and any other fees required by this Code ; 8 (3) The application does not contain a material falsehood or misrepresentation; ( 4) The application complies with all of the requirements of this article and the Colorado Retail Marijuana Code; aRd (5) The licensing authority has received written approval from the city police department as to the applicant's criminal background.,. ; (6) The licensing authority has received written approval from the community development department that the location and zoning requirements imposed by this article and section 26-204 of the Code have been met; AND (7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED IN THE CITY. a. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA STORES AND MEDICAL MARIJUANA CENTERS IN THE CITY SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA STORE AND A MEDICAL MARIJUANA CENTER COLLOCATED IN ACCORDANCE WITH SECTION 11-415(C) SHALL BE COUNTED AS ONE (1) STORE/CENTER. b. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA PRODUCTS MANUFACTURERS AND MEDICAL IN THE CITY SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS PARAGRAPH, A RETAIL MARIJUANA PRODUCTS MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER COLLOCATED IN ACCORDANCE WITH SECTION 11-415(B) SHALL BE COUNTED AS ONE (1) MANUFACTURER. (b) The local licensing authority may, but is not required to hold a hearing as permitted by C.R.S. § 12-43.4-412 prior to granting a retail marijuana establishment license. (c) The local licensing authority shall inform the state licensing authority of approval of an application for a license. (D) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS: 9 (1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM NUMBERS ESTABLISHED BY PARAGRAPH (A)(7) ABOVE , THE CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH NOTICE OF THE VACANCY ON THE CITY 'S WEBSITE AND POST SUCH NOTICE AT THE CITY'S OFFICIAL POSTING PLACES . THE DETERMINATION AND DECLARATION OF A VACANCY SHALL BE IN THE CITY'S SOLE AND ABSOLUTE DISCRETION. THE NOTICE OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY (30) DAYS OF THE DATE OF NOTICE. (2) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION: A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT PROPOSED . THE PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII AND /OR XIII OF CHAPTER 11. B. THE PROPOSED LOCATION OF THE ESTABLISHMENT. C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY , IF THE OWNER IS NOT THE INTERESTED PARTY , TO CONDUCT THE PROPOSED ESTABLISHMENT AT THE LOCATION. (3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO CONTINUE PROCESSING BY LOTTERY . ALL POTENTIAL APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF VACANCY ON THE CITY'S WEBSITE . THE NOTICE OF VACANCY SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO SELECT ONE (1) LETTER TO CONTINUE PROCESSING . 10 (4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A COMPLETE SPECIAL USE PERMIT APPLICATION, IF REQUIRED PURSUANT TO SECTION 26-204, WITHIN SIXTY (60) DAYS OF: A. THE DATE THE APPLICANT IS SELECTED BY LOTIERY, IF SO SELECTED; B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS FILED A TIMELY LETIER OF INTENT; OR C. THE DATE OF THE APPLICANT'S LETIER OF INTENT IF SUBMITIED AFTER THE INITIAL THIRTY (30) DAY RESPONSE PERIOD. (5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE SET FORTH UNDER PARAGRAPH (D)(4) ABOVE. (6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET FORTH UNDER THIS SUBSECTION (D) OR TO TIMELY FILE THE MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH THE SPECIAL USE PERMIT PROCESS, IF APPLICABLE, OR THE CITY BUSINESS LICENSE PROCESS, AS DETERMINED BY THE CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH PARAGRAPH (D)(1) ABOVE. Section 7. Section 11-416 of the Code, concerning prohibited locations of retail marijuana businesses, is hereby amended as follows: Sec. 11-416. -Prohibited locations. (a) Except as provided in subsection (h) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section. (b) No retail marijuana store or retail marijuana products manufacturer shall be located within one thousand (1 ,000) feet of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential child care facility. NO RETAIL MARIJUANA STORE SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET 11 OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS SUBSECTION, IMPROVED CITY PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF PASSIVE RECREATION, INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT. +ffis THESE limitationS will be computed by direct AERIAL measurement from the nearest property line of the land used for a school, alcohol or drug treatment facility, or the principal campus of a college, university, or seminary, or a residential child care facility, OR AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION CENTER to the nearest portion of the building in PROPERTY LINE OF THE LAND ON which the store or manufacturer is to be located, using the most direst route of pedestrian access, as determined by the community de\'elopment director. (c) No retail marijuana store shall be located within three-quarters (:X) of a mile of another retail marijuana store. This limitation will be measured using a straight DIRECT AERIAL line from the perimeter of the parcel where a proposed retail marijuana store will be located to the perimeter of the parcel upon which the existing retail marijuana store is located. This limitation shall apply to retail marijuana stores whether they ARE located within or outside of the city limits. (d) No retail marijuana store shall be located within three-quarters (:X) of a mile of a medical marijuana center unless the retail marijuana store and the medical marijuana center are operating a dual retail business as described in section 11-415. This limitation will be measured using a straight DIRECT AERIAL line from the perimeter of the parcel where a proposed retail marijuana store will be located to the perimeter of the parcel upon which the existing medical marijuana center is located. This limitation shall apply to retail marijuana stores and medical marijuana centers whether they are located within or outside of the city limits. (e) No retail marijuana products manufacturer shall be located within one- quarter('~) of a mile of another retail marijuana products manufacturer or medical marijuana-infused product manufacturer unless the medical marijuana-infused product manufacturer and retail marijuana products manufacturer are operating as a dual manufacturing business as described in section 11-415. This limitation will be measured using a straight DIRECT AERIAL line from the perimeter of the parcel where a proposed retail marijuana products manufacturer will be located to the perimeter of the parcel upon which the existing retail marijuana products manufacturer or medical marijuana-infused product manufacturer is located . 12 (f) No person shall operate a retail marijuana cultivation facility within the city unless the licensed premises of the person's retail marijuana cultivation facility are contiguous with the licensed premises of the person's retail marijuana store license and/or the person's retail marijuana products manufacturing license. THE GROSS SQUARE FOOTAGE OF A RETAIL MARIJUANA CULTIVATION FACILITY MAY NOT EXCEED FIVE THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE. SEE, SECTION 26-204. (g) Each retail marijuana establishment shall be operated from a permanent location. No retail marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. (h) The suitability of a location for a retail marijuana establishment shall be determined at the time of the issuance of the first license for such establishment.. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a retail marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment so long as the license for the establishment remains in effect. Section 8. Section 11-417 of the Code, concerning signage requirements for retail marijuana businesses, is hereby amended as follows: Sec. 11-417.-Signage. (A) All signage for a retail marijuana establishment shall comply with the requirements of Chapter 26 of this Code and the Colorado Retail Marijuana Code. (B) EXCEPT AS OTHERWISE PROVIDED HEREIN, IT SHALL BE UNLAWFUL FOR ANY RETAIL MARIJUANA ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER PUBLIC PLACE, INCLUDING ADVERTISING UTILIZING ANY OF THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR GENERAL ADVERTISING DEVICE; ANY SIGN MOUNTED ON A VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN; OR ANY HANDBILL, LEAFLET OR FLIER DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE, LEFT UPON A MOTOR VEHICLE, OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY OWNER. THESE PROHIBITIONS SHALL NOT APPLY TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A RETAIL MARIJUANA ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF THE RETAIL MARIJUANA 13 ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS CODE. (C) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES. (D) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE, FALSE, OR MISLEADING. (E) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR AN IMAGE RESEMBLING THE SAME. (F) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE. Section 9. Section 26 -204 of the Code , concerning the zone district use schedule , is hereby amended by amending the following portions of the Table of Uses - Commercial and Industrial Districts as follows: Table of Uses-Commercial and Industrial Districts Uses Notes NC RC C-1 C-2 IE Medical marijuana SUPS NOT P.S p centers TRANSFER ABLE WITHOUT CITY APPROVAL . SEE § 26- 114.G.2 . Medical Marijuana -5,000 Optional premises SQUARE P.S p cultivation operation FEET ASSOCIATED WITH MAXIMUM ; MEDICAL SEE § 11- MARIJUANA 305(E) CENTERS MEDICAL 5,000 p MARIJUANA -SQUARE OPTIONAL FEET PREMISES MAXIMUM; 14 CULTIVATION SEE § 11- OPERATION 305(E) ASSOCIATED WITH MEDICAL MARIJUANA INFUSED PRODUCTS MANUFACTURERS Retail marijuana 5,000 PS p cultivation facility SQUARE ASSOCIATED WITH FEET RETAIL MARIJUANA MAXIMUM; CENTERS SEE § 11- 416(F) RETAIL MARIJUANA 5,000 p CULTIVATION SQUARE FACILITY FEET ASSOCIATED WITH MAXIMUM; RETAIL MARIJUANA SEE § 11- PRODUCT 416(F) MANUFACTURERS Retail marijuana SUPS NOT PS p stores TRANSFER ABLE WITHOUT CITY APPROVAL . SEE § 26- 114.G.2. Section 10. Subsection 26-114.G . of the Code , concerning the term of special uses , is hereby amended as follows: G. Term. 1. A special use permit is valid so long as the conditions of approval are maintained by the applicant , unless a specific time limit for the use or development is set forth as part of the permit approval by the community development director or city council. EXCEPT AS OTHERWISE PROVIDED HEREIN , If an approved special use ceases operation for any reason for a period of one (1) year, the special use permit shall be deemed expired , unless otherwise provided in the permit itself. IF AN APPROVED SPECIAL USE FOR A MEDICAL MARIJUANA CENTER , RETAIL MARIJUANA STORE OR COLLOCATED CENTER AND STORE CEASES OPERATION FOR 15 ANY REASON FOR A PERIOD OF SIX (6) MONTHS , THE SPECIAL USE PERMIT SHALL BE DEEMED EXPIRED , UNLESS OTHERWISE PROVIDED IN THE PERMIT ITSELF . 2. If the conditions of a special use permit become the responsibility of a person or entity other than the applicant , the community development department shall be notified in writing , identifying the new person or entity responsible for maintaining the condit ions of the permit. Until such notice is received , the applicant shall remain responsible for maintaining those conditions. The notice shall be attached to the permit on file with the community development department. A SPECIAL USE PERMIT FOR A MEDICAL MARIJUANA CENTER , A RETAIL MARIJUANA STORE OR A CO!:-LOCATED CENTER AND STORE MAY BE TRANSFERRED TO A PERSON OR ENTITY OTHER THAN THE ORIGINAL APPLICANT ONLY UPON THE REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT DIRECTOR. IT SHALL BE THE BURDEN OF THE PROPOSED NEW PERMIT HOLDER TO DEMONSTRATE THAT ITS CONTINUATION OF THE SPECIAL USE SHALL MEET THE SPECIAL USE REVIEW CRITERIA SET FORTH IN SECTION 26-114 .D. Section 11. Section 26-708 of the Code , concerning miscellaneous sign code provisions , is hereby amended by the addition of a new subsection H, to read in its entirety as follows: H. Signs for marijuana-related businesses . No permanent or temporary sign associated with a marijuana-related business licensed pursuant to Articles XII and/or XIII of Chapter 11 may be installed or located until reviewed and approved by the City . See , Sections 11-296 , 11-306 , 11-406 and 11-417 Section 12. Subsection 5-78(b) of the Code , concerning local amendments to the 2012 International Mechanical Code , is hereby amended by amending the following amendment set forth thereunder, as follows: 502 .20 Marijuana related occupancies . Add the following section : 502.20 Marijuana related occupancies. Occupancies involved in the sale, transfer, packaging , processing , cultivation , production , extraction or destruction of plants and their parts , devices designed for the use of marijuana and marijuana products , products containing marijuana and hash oil , hash oil or other marijuana related operations and activities shall provide an approved source capture system capable of removing particulate and odors as required to achieve levels that do not constitute as nuisance to adjacent occupants , structures and 16 properties. For the purpose of application of requirements of this code, occupancies involved in the water-based AND NONCOMBUSTIBLE SOLVENT-BASED extraction of hash oil shall be considered to be hazardous occupancies and shall be subject to the requirements for such occupancies as set forth in this code. ALL OTHER Occupancies involved in the solvent based extraction of hash oil are not permitted. Section 13. Severability. Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 14. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2015, at 7:00 p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this day of , 2015. SIGNED by the Mayor on this __ day of _____ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney 17 First Publication : Second Publication: Wheat Ridge Transcript Effective Date : 18 ~~·~ .. .,. City of .. ~Wheat&_dge ~OFFICE OF THE CnY MANAGER TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Patrick Goff, City Manager Gerald Dahl , City Attorney Cannen Beery, City Attorney 's Office November 24, 2014 Draft Ordinance Amending Marijuana Business Regulations At your December 1 51 study session, you will review the draft ordinance prepared by staff in response to direction pre viously given by Council in regards to marijuana business regulations . This memorandum provides an executive summary of the ordinance and some additional information and staff recommendations. Section 1: The amendment to Code Section 11-296 requires applicants for medical marijuana business licenses to file a sign application together with the general business license application. Recognizing that signage may be one of the later details determined by a new business , the added language also authorizes an applicant to provide the sign application as soon as practical , if not immediately available. The intent of this regulation is to confirm that proposed signage and advertising is consistent with local and state regulations , in particular for sign types that would not otherwise require a building permit. Section 4 below addresses applicable sign regulations. Section 2: Amendments to Code Section 11-298 address the following policy goals: • Establish a cap of five (5) total "store fronts " (retail marijuana stores , medical marijuana centers and co-located retail establishments). This is consistent with the current number of existing stores. • Establish a cap of three (3) total manufacturing facilities (retail , medical and co-located). This is consistent with the current number of existing and pending facilities . • Establish a process under which applications received on the same date will be processed when only one (1) license of the type sought is available. Staff believes a "first in time" rule is clear and fair , as is a random drawing of lots to prioritize applications received on the same date. Section 3: Amendments to Code Sec. 11-305 address several policy goals: Attachment 2 • A one thousand ( 1 ,000) foot separation requirement is added for medical man Juana centers from improved City parks and the Wheat Ridge Recreation Center. These types of public facilities are frequented by children. • Staff recommends amending the method of distance measurement for all separation requirements to be the same. Tracking and applying the various methods of measurement that currently exist under the Code has proved to be burdensome. Staff further recommends that the measurement used be a direct aerial measurement ("as the crow flies"), from property line to property line, instead of the "direct pedestrian route" measurement from property line to building. Staff believes the direct aerial method is both easier to apply and understand. • Cultivation activities associated with medical marijuana centers are limited to five thousand (5 ,000) square feet. Cross-reference added to same amendment made to zoning use chart, Section 26-204 of the Code. • Language was added to allow an existing non-conforming licensed premises to co-locate (add the same type of retail license or the same type of medical license, depending on whether retail or medical was first-obtained) without regard to separation requirements . Section 4: Amendments to Code Section 11-306 accomplish the following policy goals: • Incorporate into the City Code certain portions of the state regulations concerning signage. The state regulations address both signage and advertising in the general sense. For example, state regulations prohibit pop-up advertising on the internet. This draft ordinance includes the state regulations that address signage in some manner. The entirety of the state's regulations concerning advertising is provided for your reference . • Prohibit signs that depict images resembling a marijuana leaf. • Restrict the size of the green cross graphic to an area oftwo feet by two feet Section 5: Amendments to Code Sec. 11-406 mirror the amendments made to Section 11-296 to address the same policy goals (See Section 1 above). Section 6. Amendments to Code Sec. 11-408 mirror the amendments made to Section 11-298 to address the same policy goals (See Section 2 above). Section 7. Amendments to Code Sec. 11-415 provide that an existing legal non-confonning business may co-locate at its existing location . This is consistent with the change noted by the last bullet point under Section 3 above. These amendments reflect the policy direction that existing facilities of a certain type (e.g., manufacturing) should be permitted to expand their operations to include both retail and medical marijuana, if they have not done so already, through a simple administrative approval process. Section 8: Amendments to Code Section 11-416 address the same goals addressed by the amendments to Code Section 11-305 in regards to distance requirements , how distance is measured , limiting cultivation activities to five thousand (5 ,000) square feet and allowing existing non-conforming licenses to co-locate (see Section 3 above). Section 9: Amendments to Code Section 11-417 mirror the amendments made to Section 11-306 for the same policy goals concerning signage (See Section 5 above). Section 10: Amendments to the zone district use chart under Section 26-204 of the Code address the following policy goals : • Medical marijuana centers and retail marijuana stores are designated as special uses in the C-1 zone district (currently permitted uses). • Cultivation activities (both medical and retail) are limited to 5,000 square feet ; cross- reference to Chapter 11 provided. • Cross-reference provided to Section 26-114.0. (addressed under Section 11 below), noting that special use permits for centers and stores may transfer only upon City approval. Section 11: The amendment to Subsection 26-114 .0. of the Code addresses the following policy goals: • Amends the term of expiration of a special use permit for a medical marijuana center, retail marijuana store , or co-located sales facility from one (1) year -the term generally applicable to special uses -to six ( 6) months. • Requires administrative review and approval of proposed transfers of special use permits for retail marijuana stores and medical marijuana centers. Section 12: This section cleans up a provision in the recent building code amendments that were adopted to address marijuana-related occupancies. As you recall , several amendments were made to the International Codes to permit water-based and noncombustible-solvent based extraction of hash oil (subject to H occupancy regulations) and to prohibit combustible-solvent based extraction . One section of the International Mechanical Code was not amended on second reading to be consistent with those amendments. This Ordinance section therefore makes that change to render all International Codes consistent on this topic. Additional comments: Staff evaluated these additional policy directives and determined that Code amendments were not desirable or necessary as follows: 1. Establish additional packaging restrictions for marijuana infused products sold at medical marijuana centers and retail marijuana stores. • The state has adopted extensive packaging regulations and continues to amend and refine those packaging regulations. A copy of current packaging regulations is attached for your reference. Staff believes that these regulations are more extensive and technical than can effectively be enforced by current City staff. Additionally, these regulations are likely to continue to be amended; adding them to the City Code could necessitate a series of future ordinances to keep pace with current state requirements. 2. Make all current medical marijuana centers and retail marijuana stores legal nonconfonning special uses . • Jfthe Council adopts an ordinance that designates centers and stores as special uses in certain zone districts, existing stores and centers in such zone districts may continue to operate and shall constitute legal non-conforming uses under current Code language. Such businesses could continue to operate as-is ; expansion , addition or site modification would require a special use review. Existing Code Section 26-114.H . provides: "Nonconforming special us es. Notwithstanding the provisions of section 26-120 , any special use which is nonconforming to the provisions of this section by way of not having received approval of a special use permit under prior rules and procedures shall be allowed to continue . Any expansion, addition , or site modification shall require a special use review. All other provisions of section 26-120 shall apply ." 3. Establish one City license that authorizes both retail and medical manufacturing activity. • The state continues to require s eparate licensure of retail marijuana products manufacturers and medical marijuana-infused product manufacturers . While the regulatory schemes are very similar, the industry is accustomed to obtaining separate licenses for these separate activities (at least , for now) and staff does not think obtaining separate City business licenses is a surprising or burdensome requirement. • If the policy goal is to provide a simple administrative process to allow an established premises to add either medical or retail marijuana to its existing operations , staff believes that goal is met through : o Colocation of facilities is pennitted under Code Sec. 11-415 ; language is proposed in this ordinance to make clear that colocation may occur even when the original location is now legal nonconfonning. o Language is proposed under Code Sec. 11-305 and 11-416 to provide that separation requirements would not prohibit an existing legal nonconforming business from co locating a business of the same type of activity. ATTACHMENTS 1. Draft Ordinance 2. State Marijuana Packaging Rules 3. State Marijuana Advertising Rules Council Action Form -Marijuana Collocation Provisions January 12 ,2015 Page2 if an existing medical marijuana store is located less than 1 ,000 feet from a City park because it was located prior to the establishment of that distance requirement, under current Code language, that medical marijuana store may not add retail marijuana to its inventory and sell both types of marijuana. This ordinance would permit such a medical marijuana store to add and sell retail marijuana. As with any nonconforming use , if this example medical marijuana store wanted to expand its building in order to add retail marijuana to its inventory, such an alteration of the nonconforming use would not be permitted . Nonconforming uses , including marijuana businesses , may not generally alter or expand without coming into compliance with all Code requirements. The collocation permitted by this ordinance therefore allows the collocation of nonconforming marijuana businesses only to the extent that such collocation does not involve expansion of the business or modification of the site. PRIOR ACTION: The substance of this ordinance was reviewed by the Council on December 1, 2014 , as a part of a larger ordinance concerning marijuana regulation. At that time , the Council directed staff to separate the collocation provisions into a separate ordinance. This ordinance is the result of that direction. FINANCIAL IMPACT: The projected financial impact is minimal. Allowing businesses to collocate only within the confines of their existing facilities is unlikely to generate significant revenue changes. BACKGROUND: In 2011 and 2013 , respectively, the City Council adopted local regulations governing medical marijuana businesses and retail marijuana businesses. Each set of regulations requires such businesses to obtain a local license to operate, in addition to the state license required by state law , and imposes limitations on where such businesses may locate within the City. As a result of recent interest in locating marijuana-related businesses in pennissible locations , City residents expressed concern over the appropriateness of the current location restrictions. In response to those concerns , the City Council adopted a temporary moratorium on marijuana- related businesses in August of 2014. The moratorium was imposed to allow the Council time to review and evaluate the City 's existing marijuana regulations generally. Council reviewed existing regulations in regard to the appropriateness of the location of marijuana-related businesses and their compatibility with adjacent land uses and potential impacts on neighbors. It also evaluated the public health , safety and welfare impacts of such businesses in regard to potential exposure to minors. On December 1, 2014, the Council reviewed a draft ordinance amending the City's marijuana regulations. As a result of that discussion , this ordinance -concerning the permissible collocation oflegal nonconforming marijuana businesses -was prepared. The substance of this ordinance was originally a part of a larger ordinance making more extensive amendments to the City's marijuana regulations . Council Action Form -Marijuana Collocation Provisions January 12,2015 Page 3 OPTIONS FOR COUNCIL ACTION: I. Approve the ordinance as presented on first reading 2. Approve the ordinance on first reading with amendment(s) 3. Postpone consideration of the ordinance indefinitely RECOMMENDED MOTIONS: "I move to approve Council Bill No . 03-2015 on first reading, order it published , public hearing set for Monday, January 26 ,2015 , at 7:00p.m. in City Council Chambers, and that it take effect fifteen (15) days after final publication." Or, "I move to postpone indefinitel y Council Bill No.03-2015 for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attorney 's Office Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 03-2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. OJ Ordinance No. ___ _ Series 2015 TITLE: AN ORDINANCE AMENDING SECTIONS 11-305, 11-415 AND 11-416 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE COLLOCATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA ESTABLISHMENTS WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014, the Council adopted a temporary moratorium on certain City approvals necessary to establish and operate marijuana establishments in the City for the purposes of permitting the Council to study and evaluate existing local regulations; and WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014, the Council adopted an additional temporary moratorium on such approvals in order to permit the Council adequate time to carefully study the many issues implicated by the regulation of marijuana-related businesses; and WHEREAS, the Council has completed its study of such issues and now desires to amend certain provisions of Chapter 11 of the Wheat Ridge Municipal Code ("Code") to permit non-conforming marijuana establishments to collocate, as further set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 11-305(g) of the Code, concerning prohibited locations of medical marijuana businesses, is hereby amended as follows: (g) The suitability of a location for a medical marijuana establishment shall be determined at the time of the issuance of the first license for such establishment OR OF THE LICENSE FOR THE RETAIL ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED PURSUANT TO SECTION 11-415 . The fact that changes in the neighborhood that occur after the issuance of the fu:st ORIGINAL license might render the site unsuitable for a medical marijuana establishment under this section shall not be grounds to suspend, revoke, or refuse to renew the license for such establishment OR TO REFUSE TO APPROVE A PROPOSED COLLOCATION so long as the ORIGINAL license f.or the establishment remains in effect. Section 2. Section 11-415 of the Code, concerning collocation of marijuana establishments, is hereby amended as follows: Sec. 11-415. -Collocation of operations. A medical marijuana establishment may share its existing licensed premises with a retail marijuana establishment as follows: (a) An optional premises cultivation operation and a retail marijuana cultivation facility may share their licensed premises in order to operate a dual cultivation business operation. (b) A medical marijuana-infused product manufacturer may apply to hold a retail marijuana product manufacturing facility license and operate a dual manufacturing business at a shared licensed premises . (c) A medical marijuana center may hold a retail marijuana store license and operate a dual retail business at a shared licensed premises. (D) NOTWITHSTANDING ANY PROVISION OF CHAPTER 26 OF THIS CODE TO THE CONTRARY INCLUDING BUT NOT LIMITED TO SECTIONS 26-114 AND 26-120, A LEGAL NON-CONFORMING ESTABLISHMENT MAY ADD A COLLOCATED ESTABLISHMENT AT ITS EXISTING LOCATION AS AUTHORIZED BY THIS SECTION. Section 3. Subsection 11-416(h) of the Code, concerning prohibited locations of retail marijuana businesses, is hereby amended as follows: (h) The suitability of a location for a retail marijuana establishment shall be determined at the time of the issuance of the first license for such establishment OR OF THE LICENSE FOR THE MEDICAL ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED PURSUANT TO SECTION 11-415.. The fact that changes in the neighborhood that occur after the issuance of the .fifst ORIGINAL license might render the site unsuitable for a retail marijuana establishment under this section shall not be grounds to suspend, revoke or refuse to renew the license for such establishment OR TO REFUSE TO APPROVE A PROPOSED COLLOCATION so long as the ORIGINAL license for the establishment remains in effect. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this __ day of , 2015, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for , 2015, at 7:00 p.m., in the Council Chambers, 7500 West 291h Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of , 2015. SIGNED by the Mayor on this __ day of _____ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication : Wheat Ridge Transcript Effective Date: Council Action Form -Animal Welfare and Control Commission January 12 , 2 015 Page 2 Or, "I move to not direct the City Attorney to draft an ordinance to sunset the Animal Welfare and Control Commission for the following reason(s) " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Council Action Form -Electric Fences January 12, 2015 Page2 RECOMMENDED MOTION: "I move to direct the City Attorney to draft an ordinance to amend the City Code to allow the use of electric security fences on commercial property." Or, "I move to not direct the City Attorney to draft an ordinance to amend the City Code to allow the use of electric security fences on commercial property for the following reason( s) " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager