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Home My WebLink AboutCity Council Agenda Packet 06/09/20146:45pm-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 9, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF May 12,2014 PROCLAMATIONS AND CEREMONIES Brake for Bela CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA 1.:. CONSENT AGENDA ~ Resolution No. 30-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $14,270 for a required upgrade of the Channel 8 scheduling software and hardware. b. Resolution No. 32-2014-amending the Fiscal Year 2014 Police Investigation Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $18,500 to be used for specific Law Enforcement purposes as approved by the Seizure Fund Committee c. Resolution No. 33-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the 2014 Edward Byrne Justice Assistance Grant in the amount of $15,304 CITY COUNCIL AGENDA: June 9, 2014 CONSENT AGENDA con't Page -2- d. Motion to cancel the regular meeting of the Wheat Ridge City Council on July 7 , 2014, due to the Independence Day Holiday e. Motion to approve payment of the Sales Tax Increment Share Back for April of Fiscal Year 2014 from the Urban Renewal Authority Town Center Project in the amount of $39 ,662.61 to Renewal Wheat Ridge t Resolution No . 31-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $5,626 to fund a Part-Time Tour Guide/Museum Host Position at the Wheat Ridge Historical Park PUBLIC HEARING AND ORDINANCES ON SECOND READING £. Council Bill No . 04-2014-An Ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow Marijuana Research and Testing on property located at 3924-4096 Youngfield Street (Case No . WZ-14-04/RMBI) ORDINANCES ON FIRST READING ~ Council Bill No . 05-2014 -amending Sections 11-305, 11-416 and 26-204 of the Wheat Ridge Code of Laws to Prohibit the location of Medical Marijuana-Infused Products Manufacturers and Retail Marijuana Products Manufacturers in the C-1 Zone District ; to impose distance requirements between such Manufacturers and certain specified Land Uses ; to harmonize other distance requirements for Retail and Medical Marijuana Establishments; and repealing the Temporary Moratorium of all City action relating to new Medical Marijuana-Infused Products Manufacturers and Retail Marijuana Products Manufacturers' applications 4 . Council Bill No. 06-2014-amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of New Section 26-639 concerning Marijuana and amending paragraph 11-321(b)(8) concerning applications for Primary Care-Giver Licenses DECISIONS, RESOLUTIONS AND MOTIONS §.. Resolution 34-2014-establishing a schedule for fees in lieu of parkland dedication as required by Chapter 26, Article IV of the Wheat Ridge Municipal Code 6 . Motion to award RFQ-JN-14-07 Clear Creek Trail Relocation 41 51 Avenue Segment west of Kipling Project to Icon Engineering, Inc ., of Centennial Co in an amount not to exceed $86 ,672 for Trail Design and preparation of construction documents. 7. Motion to approve payment to Miracle Recreation Equipment Company in the amount of $99,000 for the purchase and installation of new playground equipment in Prospect Park 8 . Resolution 35-2014-confirming the City 's commitment to encourage healthy opportunities and choices for members of the community and providing support of LiveWell Colorado's Healthy Eating Active Living (HEAL) Cities and Towns Campaign CITY COUNCIL AGENDA: June 9 , 2014 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Page -3- CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 12,2014 Mayor Jay called the Regular City Council Meeting to order at 7:00p.m. ROLLCALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Absent: Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Community Development Director, Ken Johnstone; guests and interested citizens. APPROVAL OF MINUTES OF April 28,2014 Motion by Councilmember DiTullio to approve the minutes of April28, 2014; s~conded by Councilmember Starker; carried 6-0-1, with Councilmember Davis abstaining PROCLAMATIONS AND CEREMONIES Recognition of Denise Waddell. Wheat Ridge First Bank President, for her service to the community Mayor Jay read a proclamation of recognition congratulating Denise Waddell who is retiring from her position at 1 stBank of Wheat Ridge . Patrick Goff spoke of the many ways she has helped the City throughout the years and presented her with a framed photograph of Wheat Ridge scenery. National Police Week and National Peace Officer's Memorial Day Mayor Jay read the proclamation naming May 11-17 as National Police Week and May 15 as National Peace Officer's Memorial Day. Receiving the proclamation Chief Brennan acknowledged the death of Jefferson County law enforcement officer Sgt. Dave Baldwin as a reminder of the law enforcement officers who don't come home. His name will go on the Law Enforcement Memorial Wall in 2015. This week the City traditionally honors the exceptional work the WRPD does. He invited the Mayor, Council and the public to the Police Awards Ceremony that will be held tomorrow in Council Chambers at 3:30pm to hear some of the stories. City Council Minutes May 12, 2014 Page 2 "Click It or Ticket" Mobilization Mayor Jay read a proclamation announcing May 19-June 1 as the "Click It or Ticket" mobilization period when our officers will actively participate in the national enforcement period to ensure the use of seatbelts. Chief Brennan noted the City receives grant dollars from the State Department of Transportation for this effort and "The Heat Is On", which focuses on DUI enforcement. He said our officers will be out there educating and doing enforcement. CITIZENS' RIGHT TO SPEAK Carol Salzman (WR) invited Council, city staff and citizens to the 2014 Leaves of Hope that will be run Sunday, June 1 at Lutheran Medical Center. It is the largest national cancer survivor celebration in Jefferson County. She thanked Patrick Goff and the City for sponsoring the Kids' Dash -a free event for 6-year olds and under. She gave some details about the day. Complete information is available at the website: www.leavesofhope . org Eric Wilson (WR) thanked Council and City staff for the 38th Avenue improvements . Rachel Hultin (WR) expressed her support for 38th Avenue as a destination . She thanked Council for the streetscape plan and the 10 year ongoing revitalization project. Jennifer Shepherd (WR) thanked Council for taking the time to have discussions about how the marijuana industry will impact the health of our children and our community . She acknowledged the organization Smart Colorado that is concerned about the unintended consequences marijuana will have on our youth . She shared some science , research and statistics about the impact of marijuana on our youth -including negative effects on the brain, diminishing academic performance, judgment, memory, motor skills and motivation , and lower IQ's. Amy Storey (WR) looks forward to the unveiling of the streetscape design for 38th Avenue . She shared some personal reflections about the evolution of the street. She likes what has happened and encouraged Council to keep it going . Tara Jahn (WR) invited Councilmembers to upcoming Live Local events this summer- Cruiser Crawls, Family Yoga in the Park, First Friday Art Walk and the new Friday Night Live, which will have a stage and live bands. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Resolution No . 28-2014-approving a four-lot Subdivision Plat with Right-Of- Way Dedications for property zoned Commercial-One (C-1) located at the Southwest Corner ofW. 38th Ave . and Kipling St. (Case No . MS-14-01) City Council Minutes May 12, 2014 Page 3 Councilmember Pond introduced Resolution No . 28-2014 This subdivision plat is for the redevelopment project at 38th & Kipling . Staff Report Ken Johnstone gave a staff presentation outlining basic elements of the plat. • The subdivision creates four lots -for Sprouts, the memory care facility and two lots at the hard corner of 38th & Kipling for retail/restaurant uses. • Included are dedication of easements for utilities, access, and rights-of-way . o The 38th Ave. easement is for sidewalk and landscaping . o The Kipling easement is for sidewalk, a landscaped tree lawn and an excel/decel turn lane. • Sidewalks and landscape amenities will be installed on adjacent streets. • Substantial storm water improvements will be done to divert water to Lena Gulch. • The City and our urban renewal authority are participating financially in the installment of a portion of the public improvements . Mayor Jay opened the public hearing, which, for the record, included the staff report just given . Mayor Jay swore in the next speaker for the hearing. H. McNeisch, with MVG Development, spoke on behalf of the development team. He thanked and commended the staff for their helpful efforts in moving the project forward. He testified that the plat configuration is deliberate -for the businesses, and for the City relative to right-of-way needs on 38th Ave. and on Kipling. They are actively marketing for a fourth business for Lot 2 that is a compatible use. There were no questions from Council or public comment. Mayor Jay closed the public hearing. Motion by Councilmember Pond to approve Resolution No. 28-2014, a resolution approving a four-lot subdivision plat with right-of-way dedications for property zoned Commercial-One (C-1) located at the southwest corner of W. 38th Avenue and Kipling Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all 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 has 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. City Council Minutes May 12, 2014 Page4 and with the following condition: 1. The developer enters into a subdivision improvement agreement with required security prior to recordation of the subdivision plat. Seconded by Councilmember Fitzgerald; carried 7-0 ORDINANCES ON FIRST READING 2. Council Bill No. 04-2014-approving an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow Marijuana Research and Testing on property located at 3924-4096 Youngfield Street (Case No. WZ-14-04/RMBI) Councilmember Fitzgerald introduced Council Bill No. 04-2014 . The applicant, Rocky Mountain Biosystems , seeks to amend their existing Outline Development Plan (ODP) to allow additional uses-in this case marijuana research and testing . Motion by Councilmember Fitzgerald to approve Council Bill No. 04-2014, an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow marijuana research and testing on property located at 3924-4096 Youngfield Street, on first reading, order it published , public hearing set for Monday, June 9 , 2014 at 7 p .m. in City Council Chambers, and that it take effect 15 days after final publication ; seconded by Councilmember DiTullio; carried 7-0 . DECISIONS, RESOLUTIONS AND MOTIONS ~ Motion to appoint Janeece Hoppe as a City Director to the Wheat Ridge Business District Board of Directors, Term to expire March 31, 2018 Councilmember Fitzgerald introduced Agenda Item No . 3 Motion by Councilmember Fitzgerald to appoint Janeece Hoppe as a City Director on the Wheat Ridge Business District Board of Directors, term to expire March 31, 2018 ; seconded by Councilmember Starker; carried 7-0 . CITY MANAGER'S MATTERS Patrick Goff reminded citizens of an Open House this Wednesday, May 14 from 5:00- 7 :00 pm here in Council Chambers at City Hall. Information will be provided about the City Council Minutes May 12, 2014 Page 5 381h Avenue streetscape conceptual design process. A presentation will occur at 5 :15 , but staff will be available the entire time to answer questions . CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS ELECTED OFFICIALS' MATTERS Zachary Urban acknowledged the Boy Scout troop in the audience. They are working on their Citizenship in the Community badges and he thanked them for coming. George Pond encouraged people who are interested in the design and future of 381h Avenue to come to the meeting Wednesday night and offer feedback. Tracy Langworthy reminded everyone of the Memorial Day Celebration on May 23 at noon here at Hayward Park at City Hall to honor our veterans . Motion by Councilmember Davis to go into executive session under Charter Section 5 .7(b) (1) and section 24-6-402(4)(b), C.R.S ., specifically for legal advice from the City Attorney and appropriate staff concerning 32"d & Youngfield construction contracts ; and further to return to the open meeting at the close of the executive session for the purpose of taking any formal action deemed necessary; seconded by Council member Starker; carried 7-0 The Executive Session was held in the lobby Conference Room. Following the Executive Session the City Counc il returned to the open meeting . Motion by Councilmember DiTullio to approve Resolution No. 29-2014-A resolution amending the Fiscal Year 2014 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $450,000 for the 32"d Avenue Widening Project ; seconded by Councilmember Starker; carried 7-0 . The City Council Meeting adjourned at 8 :38 pm. Janelle Shaver, City Clerk City Council Minutes May 12, 2014 Page 6 APPROVED BY CITY COUNCIL ON June 9, 2014 BY A VOTE OF __ to __ Kristi Davis, 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 . ..,.~A.,. .. I r City of • :rwheat:Ri_dge ITEM NO:~ DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,270 FOR A REQIDRED UPGRADE OF THE CHANNEL 8 SCHEDULING SOFTWARE AND HARDWARE D PUBLIC HEARING D BIDS /MOTIONS C8J RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING D YES ~~ ~~ Heatl.v ~ Administrative Services Director ISSUE: Should the City Council approve a supplemental budget appropriation in the amount of $14 ,270 for a required upgrade of the Channel 8 (WR TV8) scheduling software and hardware? PRIOR ACTION: No prior action has been taken . The City has not replaced the system since 2005 . The upgrade will be paid for using City Public Education Government fee funds (PEG). The new scheduling software and hardware will allow the City to schedule and play Council meetings on WRTV8 . The gear and software has come to the end of its support life. FINANCIAL IMPACT: The requested amount ofthe supplemental budget appropriation is $14 ,270 for the upgrade to the current version of the scheduling software and hardware. PEG fee funds will be used to procure the goods. The existing software and hardware was purchased as a customized , turn-key Council Action Form -SBA for Channel 8 Software Update June 9, 2014 Page 2 solution. Therefore the original vendor, D.Co Marketing, Inc., has quoted the upgrade solution on a sole source basis. BACKGROUND: The Digiplay scheduling package is an essential piece of communication equipment that allows the live airing and rebroadcasting of Council meetings and other programs on WRTV8. In order to continue to provide the WRTV8 services , staff is requesting approval of a supplemental budget appropriation in the amount of $14,270. In addition , the hardware and software are at the end of their life. Support for the Windows XP professional operating system and the associated software on that platfonn has expired and must be upgraded to the current version . Without this new gear, meetings in Council chambers could not be scheduled for playback on Channel 8 or the web streaming service of Granicus efficiently. The supplemental budget appropriation consists of transferring a total of $14,270 in revenues from the general fund PEG-designated reserves to the general fund program 111 budget. Per the City 's franchise agreement with Comcast, PEG (Public Education Government) fee revenues may only be utilized to support equipment, software and maintenance associated with the operation ofWRTV8. PEG fee revenues cannot be co-mingled with other general fund revenues and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of programming). The current balance of available PEG fee funds is $229 ,934. This total includes all 2013 PEG payments as well as the first quarterly payment in 2014. Revenues have averaged approximately $42 ,000 per year. The estimated remaining balance after this expenditure will be $215 ,665. This expenditure confonns to the City's franchise agreement with Comcast. RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget request. RECOMMENDED MOTION: "I move to approve Resolution No. 30-2014 -A resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14 ,270 for a required upgrade of the Channel 8 scheduling software and hardware." Or, "I move to postpone indefinitely Resolution No. 30-2014 -A resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14,270 for a required upgrade of the Channel 8 scheduling software and hardware for the following reason(s) " Council Action Fonn -SBA for Channel 8 Software Update June 9, 2014 Page 3 REPORT PREPARED BY: Heather Geyer, Administrative Services Director Nathan Mosley, Assistant to the City Manager Michael Steinke, IT Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 30-2014 2. SVP-CO.Com, Inc. Quote CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,270 FOR A REQUIRED UPGRADE OF THE CHANNEL 8 SCHEDULING SOFTWARE AND HARDWARE WHEREAS, the City Council recognizes Channel 8 broadcasting as an important communication tool to inform the community about City programming and services; and WHEREAS, the use of Public Education Government (PEG) Fees can only be utilized for equipment, software and maintenance needed for operating Channel 8; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the upgrade of the Channel 8 scheduling software and hardware. B. The City Council authorizes the transfer of $14,270 from the general fund PEG-designated reserves to account number 01-111-800-809 and amending the 2014 fiscal year budget accordingly. DONE AND RESOLVED this 9th day of June 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 svp-co,com, Inc 2620 S Maryland Pkwy, #14-188 Las Vegas, NV 89109 (702)979-4280 Quote To City of Wheat Ridge Mike Steinke 7500 W. 29th Ave . Attn :IT Division Shrp To City of Wheat Ridge Mike Steinke 7500 W. 29th Ave . Attn :IT Division Wheat Ridge , CO 80033 Wheat Ridge , CO 80033 Item# Descn t 1on SSUR 1-RK4-RPS RAID1 Server System Unit in 4U Rackmount Chassis with Redundant Power Supply w /system board , iS CPU , 4GB RAM , 2x 1 TB Hard Drive , Windows 7 Pro 32bit OS HDM850 3 Multi-format HD/SD Broadcast Decoder Card , HD/SD H .264 and MPEG-2 decoder, 4 :2 :2 and 4 :2 :0 10-bit sampling. Includes audio and genlock in . S&H Insured Ground Shipping & Handling Q UOTE --AAAQ2108 --04/21/14 Valarie Un1t Pnce Ext Pnce $3 ,670.00 $3 ,670.00 $3,495.00 $10,485.00 $114 .25 $114 .25 T otal $1 4 ,26 9 .25 Prices are val id fo r 30 days . Specifications are subject to change without notice . Payment is due with orde r unless other arrangements have specifically been made with our accounting department. Generally all items proposed above are covered by a limited one year warranty , covering parts and labor on a depot basis -we specifically disclaim any and all warranties , express or implied , includ ing but not limited to any implied warranties or with regard to any licensed products . We are not liable for any loss of profits , business , goodwill , data , interruption of bus iness , nor for incidental or consequential merchantability or fitness of purpose or damages related to th is agreement. Many items are not returnable and/or refundable . Only with authorization some items may be returned and carry a min imum 15% restocking fee and require item be as new with orig inal packag ing . www .d-co .com Page 1 Attachment 2 ... ~ '~ .... 4 "' City of • ?WheatRt_dge ITEM NO: _l(r_, DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2014 -A RESOLUTION AMENDING THE FISCAL YEAR 2014 POLICE INVESTIGATION FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,500 TO BE USED FOR SPECIFIC LAW ENFORCEMENT PURPOSES AS APPROVED BY THE SEIZURE FUND COMMITTEE D PUBLIC HEARING D BIDS /MOTIONS IZI RESOLUTIONS QUASI-JUDICIAL : ISSUE: D ORDINANCES FOR 15TREADING 0 ORDINANCES FOR 2 N° READING D YES The Police Department budgeted $6 ,500 in the Police Investigations Fund (Fund 17) in 2014. Current and anticipated expenditure requests have exceeded that amount. PRIOR ACTION: Expenditures in the amount of$6,500 were appropriated for Fund 17 in 2014. The seizure fund committee, which consists of the Police Chief, the District Attorney and Councilman DiTullio , has approved a Fund 17 expenditure to purchase polygraph equipment for $10 ,750 and are considering additional equipment requests totaling $6 ,500. FINANCIAL IMPACT: There is no financial impact to the General Fund. Currently Fund 17 has a balance of$115 ,809. BACKGROUND: Fund 17 , also known as the seizure fund , consists of money that is forfeited by felony defendants through a civil hearing process . The Police Department receives state forfeiture funds from cases that are presented to the District Court. Additionally, federal forfeiture funds are collected and disbursed through the West Metro Drug Task Force. These funds are primarily made up of drug money seizures that the task force executes with the assistance of a federal agency . Money in Fund CAF -SBA for Police Investigation Fund June 9 , 2014 Page 2 17 , whether from state or federal sources, can only be used for specific law enforcement purposes approved by the seizure fund committee. Historically, the Police Department has budgeted $25 ,000 to $30,000 per year in Fund 17 to fund equipment and technology upgrades , training and special project operating costs. The Fund 17 balance was $41,814.40 at the time the 2014 budget was being prepared and $6 ,500 was allocated for use in 2014. In February 2014, the West Metro Drug Task Force disbursed $74,700 to the Wheat Ridge Police Department, bringing the total Fund 17 balance to $115 ,809. This disbursement allows the department to consider additional projects for funding in 2014 that were not anticipated during the 2014 budget process. These projects inc! ude an upgrade of polygraph machines to cutTent technology, the addition of a document management system compatible with national accreditation reporting requirements , and a pilot project to test computer tablet functionality in crime scenes and court environments. The total identified project costs are $17,250. The department requests that a supplemental budget appropriation in the amount of $18,500 be allocated for 2014 for the purpose of funding the above mentioned projects as well as unidentified future needs in 2014 . It is requested that the $18,500 be transferred to Fund 17 , account number 17-202-800-809. REC O MMEN DATI O NS: Staff recommends that City Council approve the supplemental budget appropriation . REC O MMEN D E D M O TI ON : "I move to approve Resolution No. 32-2014-a resolution amending the fiscal year 2014 Police Investigation Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18 ,500 to be used for law enforcement purposes." Or, "I move to postpone indefinitely Resolution No. 32-2014 -a resolution amending the fiscal year 2014 Police Investigation Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $18,500 to be used for law enforcement purposes for the following reason( s) " REPORT PREPA RE D/REV IEWED BY: Dave Pickett, Commander Daniel Brennan, Chief of Police Nathan Mosley, Assistant to the City Manager Patrick Goff, City Manger ATTACHMENTS: I. Resolution No. 32-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 POLICE INVESTIGATION FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $18,500 TO BE USED FOR SPECIFIC LAW ENFORCEMENT PURPOSES AS APPROVED BY THE SEIZURE FUND COMMITTEE WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. WHEREAS, the Police Investigation Fund receives money from both state and federal civil forfeiture processes; and WHEREAS, forfeited money, by state and federal statute, can only be used for specific law enforcement purposes ; and WHEREAS, historically, the Police Department has budgeted approximately $25,000 per year from the Investigations Fund and the 2014 budgeted amount is only $6 ,500 ; and WHEREAS, the Investigations Fund currently has $115 ,809 in available funds ; and WHEREAS, the Police Department has identified projects such as polygraph equipment upgrades , a document management system compatible with national accreditation standards and a computer tablet pilot project to enhance police operations with a projected cost of $17,250; and WHEREAS, the seizure fund committee has approved all Investigation Fund expenditures, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes a transfer of $18 ,500 from the Police Investigation Fund undesignated reserves to account number 17-202- 800-809 and an amendment of the 2014 fiscal year budget accordingly. Attachment 1 DONE AND RESOLVED this gth day of June 2014. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk ~~·# ... _ ., City of • :r wheat~dge ITEM NO: ____k DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE 2014 EDWARD BYRNE JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $15,304 D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL : ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2N° READING D YES The Police Department received an Edward Byrne Justice Assistance Grant (JAG) award for $15 ,304 from the Department of Justice, Office of Justice Programs. This grant award was not budgeted in the 2014 Budget. PRIOR ACTION: Chief Brennan notified City Council of this grant award on June 2, 2014. (Attachment 2) FINANCIAL IMPACT: JAG funds are specifically designated for state and local initiatives, technical assistance , training, personnel , equipment, supplies , contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities that impro ve or enhance: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation , and technology improvement programs • Crime victim and witness programs (other than compensation) CAF -JAG Grant June 9 , 2014 Page2 The department cannot use the grant funding to replace or supplant nonfederal funds , which have been appropriated for the same purpose. JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. There are other prohibited uses as well. BACKGROUND: The Police Department has identified two projects that meet the aforementioned criteria. The West Metro SWAT Team has put together an equipment list over the last three years that satisfy almost all of the needs required of a metropolitan tactical team. One of the equipment needs is night vision equipment for a full six-man entry team . The purchase of two additional sets of night vision devices will equip a full six-man team. The remaining funding will be used to support the ex1stmg Boyd's Crossing Community Policing Program , which is designed to decrease crime rates and improve the quality of life in the north central area of the City. RECOMMENDATIONS: Staffrecommends approval ofthe supplemental budget appropriation. RECOMMENDED MOTION: "I move to approve Resolution No . 33-2014, a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation for the 2014 Edward Byrne Justice Assistance Grant in the amount of$15 ,304." Or, "I move to postpone indefinitely Resolution No . 33-2014 -a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation for the 2014 Edward Byrne Justice Assistance Grant in the amount of $15 ,304 for the following reason( s) " REPORT PREPARED AND REVIEWED BY: Joseph Cassa, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2014 2. Staff Report, June 2 , 2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION __ Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE 2014 EDWARD BYRNE JUSTICE ASSISTANCE GRANT IN THE AMOUNT OF $15,304 WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; and, WHEREAS, the City of Wheat Ridge, shall serve as point of contact and grant administrator for the Justice Assistance Grant Program, hereafter referred to as JAG, from the U.S. Department of Justice for the amount of $15,304.00; and, WHEREAS, JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities that improve or enhance: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation); and, WHEREAS, purchasing and accounting methods will be in accordance with the subgrantee governing jurisdiction's established policies and ordinances that govern the requisition and purchase of equipment and supplies; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the acceptance of the Justice Assistance Grant funded by the U.S. Department of Justice and the amendment of the grant fund revenues accordingly. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. C. The City Council authorizes an amendment to account number 01-202-650-660 in the amount of $7,000 for purchase of SWAT night vision equipment. D. The City Council authorizes an amendment to account number 01-202-600-610 for overtime and crime prevention expenses in the amount of $8,304 for the Boyd's Crossing Project. Attachment 1 DONE AND RESOLVED THIS gth day of June, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk ... ~~~ ... _ , City of • .. ~Wheat&_dge ~OLICE DEPARTMENT Memorandum TO: Mayor Jay and City Council THROUGH: Patrick Goff, City Manager Daniel Brennan, Chief of Police FROM: Joseph Cassa, Division Chief, Support Services Division DATE: May 27 , 2014 (for June 2 Study Session) SUBJECT: 2014 Edward Byrne Memorial JAG Grant ISSUE: The Wheat Ridge Police Department received notification that they are eligible for $15 ,304 in grant funding from the Edward Byrne Memorial Justice Assistance Grant (JAG) Program . JAG funds can be used for state and local initiatives , technical assistance, training, personnel , equipment, supplies, contractual support, information systems for criminal justice, and criminal justice-related research and evaluation activities that will improve or enhance: 0 Law enforcement programs 0 Prosecution and court programs 0 Prevention and education programs 0 Corrections and community corrections programs 0 Drug treatment and enforcement programs 0 Planning, evaluation , and technology improvement programs 0 Crime victim and witness programs (other than compensation) Federal funding cannot be used to replace or supplant non-federal funds , which have been appropriated for the same purpose. JAG funds cannot be used directly or indirectly for security enhancements or equipment. There are other prohibited uses as well . The department has identified two priority uses for this funding : 1) SWAT Night Vision Equipment $7,000 The West Metro Swat Team is a combined team , with the membership consisting of operators and negotiators from the Lakewood Police Department and the Wheat Ridge Police Department. The Team has put together an equipment list over the last three years that satisfy almost all of the needs required of a metropolitan tactical team. One of the equipment needs is night vision equipment for a full six-man entry team. Two sets of night vision equipment were purchased with 2013 JAG grant funds , and two sets will be purchased with police department approved 2014 City Budget funds . Attachment 2 Staff Report-2014 JAG Grant June 2, 2014 Page 2 2) Boyd's Crossing Project $8,304 The Boyd's Crossing Project is a community oriented policing project designed to decrease crime rates and improve the quality oflife in the area ofl-70 and Kipling Street. A Crime Prevention/SAFER Wheat Ridge analysis of this neighborhood area was conducted and resulted in a plan focusing on targeted enforcement, general property cleanup and the formation of neighborhood watch groups . The grant request is for $500 to provide supplies for meetings and brochures on crime prevention programs , and approximately $7 ,804 for 160 hours of overtime for community meetings and directed patrol by officers in marked vehicles and bicycles. The total cost of these items is$ 15 ,304. RECOMMENDATIONS Staffrecommends that City Council accept the 2014 JAG grant funds and approve a supplemental budget appropriation at the June 91h Council meeting for the purchase of the above described equipment and supplies , and to approve overtime costs for the Boyd's Crossing Project. JC/jc ,.~A# ... r City of • Jr'Wheat:Ri..__dge ITEMNO:JL DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE REGULAR MEETING OF THE WHEAT RIDGE CITY COUNCIL ON JULY 7, 2014, DUE TO THE INDEPENDENCE DAY HOLIDAY 0 PUBLIC HEARING I:8J BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES ~ I:8J NO ISSUE: The Independence Day holiday this year falls on Friday , July 4 1h and City offices will be closed . To provide the opportunity for Council and staff to celebrate an extended weekend holiday, staff recommends cancelling the regular Council meeting scheduled on Monday, July 7th. There are no item s listed on the Future Agenda for July 71h at this time. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends the cancellation of the July 7, 2014 regular meeting. RECOMMENDED MOTION: "I move to cancel the regular meeting of the City Council on July 7, 2014 due to the Independence Day Holiday." REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager .. ~'~ -. J r City of JP'"Wheat:Ri_dge ITEMNO:k' DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX INCREMENT SHARE BACK FOR APRIL OF FISCAL YEAR 2014 FROM THE URBAN RENEWAL AUTHORITY TOWN CENTER PROJECT IN THE AMOUNT OF $39,662.61 TO RENEWAL WHEAT RIDGE 0 PUBLIC HEARING [8] BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2 DREADING D YES [8] NO The 2014 April sales tax increment share back from the Town Center Project owed to Renewal Wheat Ridge (RWR) totals $39 ,662.61. Expenditures over $35 ,000 require City Council approval. FINANCIAL IMPACT: The 2014 budget includes a total of$425 ,000 for sales tax increment share back with RWR. BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981 , which provided for the utilization of property and a sales tax increment in the commercial area east ofWadsworth Boulevard , between West 38 1h Avenue and West 441h Avenue. The property tax increment expired in 2006 , after 25 years. Through an IGA between the City and the Wheat Ridge Urban Renewal Authority (WRURA) signed on June 26 , 2006 , the sales tax increment was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to RWR shall not exceed $100,000 in any fiscal year and the increment was extended to and includes December 31 ,2008. An amendment to the IGA in October 2007 removed the $100 ,000 annual cap and extended the agreement to December 31 , 2014. In September, 2011 the City Council Action Fonn June 9, 2014 Page 2 Council approved , via Resolution No . 49-20 II , an increase in the payment from 50% to 100% of the sales tax increment share back through December 31 , 2014. REC O MMEN DAT IO N S : Staff recommends d istribution ofthe sa les tax increment share back for April of fiscal year 2014 in the amount of $39 ,662.61. REC OMMEN DED M OT IO N : "I move to approve payment of the sales tax increment share back for April of fiscal year 2014 from the Town Center Project in the amount of$39,662.61 to Renewal Wheat Ridge." Or, "I move to deny payment of the sales tax increment share back for April of fiscal year 2014 from the Town Center Project in the amount of$39,662 .61 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 ~~4~ .... ~ ,. City of • JP'WheatRi_dge ITEMNO:_ll DATE: June 9, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,626 TO FUND A PART-TIME TOUR GUIDE/MUSEUM HOST POSITION AT THE WHEAT RIDGE HISTORICAL PARK 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The City of Wheat Ridge is interested in funding a part-time, paid position to work at the Wheat Ridge Historical Park. This position would act as a museum host and tour guide at the park, as well as help with the organization and filing of artifacts stored at the museum. A job description has been developed by staff, reviewed and approved by Claudia Worth, Wheat Ridge Historical Society Vice President and Preservation Specialist. PRIOR ACTION: The City Council discussed support for the Historical Society at the April21 and May 19 ,2014 study sessions. Staff received direction from City Council to amend the 2014 Budget to fund this position. FINANCIAL IMPACT: The pay range for this position has been placed in the part-time pay plan based on the duties outlined in the job description. The recommended pay range for this position is $8.65 -$10.82 per hour. This range is consistent with other positions having similar duties and responsibilities in the part-time pay plan. The maximum cost for this position for the remainder of2014 is $5 ,626 , when calculated at the top of the range for 20 hours per week for 26 weeks (from June - CAF -Historical Park Position June 9, 2014 Page2 December 2). The individual selected for the position would not automatically be hired at the top of the range , but at an hourly rate that matched their experience and skills. BACKGROUND: Prior to budget cuts in 2002 , the City appropriated funds in the amount of $11 ,000 annually for a part-time employee to work at the museum one day per week. The following is a description of the duties and responsibilities ofthe position: JOB DEFINITION: Performs a wide variety of administrative and clerical duties to help ensure the ongoing operation of the museum facilities and grounds , including providing regional and local historic infonnation to the public ; assisting in regional and local historic research ; organizing and keeping inventory of historic artifacts ; and conducting educational tours of museum. Responsible for staffing the museum at the Wheat Ridge Historical Park and Museum , answering questions , guiding tours , and providing miscellaneous services to visitors. Also responsible for filing and cataloguing donations with direction from volunteers. ESSENTIAL DUTIES: The following duties are illustrative only and are not intended to be all inclusive: • Staffs the museum information desk ; serves as initial point of contact with varied members of the public. • Answers telephones, schedules tours , program participants and other receptionist duties as needed. • Presents talks and leads tours providing general information relating to the historical themes ofthe park . Creates exhibits as needed . Presents programs to children and assists teacher with their visit. • Develops positive relations with visitors; provides information concerning facility and program(s) to visitors. RECOMMENDATIONS: Staff recommends funding ofthis position. RECOMMENDED MOTION: "I move to approve Resolution No. 31-2014 -a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $5 ,626 to fund a part-time tour guide/museum host position at the Wheat Ridge Historic Park." Or, CAF -Hi storical Park Po sition June 9 , 2014 Page 3 "I move to postpone indefinitely Resolution No . 31-2104 - a resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$5 ,626 to fund a part-time tour guide/museum host position at the Wheat Ridge Historic Park for the following reason(s) REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director of Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 31-2014 " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $5,626 TO FUND A PART-TIME TOUR GUIDE/MUSEUM HOST POSITION AT THE WHEAT RIDGE HISTORICAL PARK WHEREAS, the City Council authorizes funding of a part-time position at the Wheat Ridge Historical Park; and WHEREAS, this position would act as a museum host and tour guide at the park , as well as help with the organization and filing of artifacts stored at the museum; and, WHEREAS, a supplemental budget appropriation in the amount of $5,626 is required for funding through fiscal year 2014; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes an amendment to account number 01-625-600-617 for $5,626 to fund a part-time tour guide/museum host position for the Wheat Ridge Historical Park DONE AND RESOLVED this 9th day of June 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ,.~·~ ... _ r City of • JP'WheatRi_dge ITEMNO:.L DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2014-AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14- 04/RMBI) I:8J PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING (5 /12/2014) I:8J ORDINANCES FOR 2 N° READING (6 /9/2014) I:8J YES Ci ~ The applicant, Rocky Mountain Biosystems, Inc. (RMBI), requests approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3924-4096 Y oungfield Street to allow additional uses on the property. The additional uses proposed are marijuana research and testing. No physical changes are proposed for the property. The existing ODP is comprised of9.7 acres and contains two structures with 130 ,000 square feet of building area. The applicant has been operating at this location for the past eight years , conducting other research and testing activities. To add the additional use on the property an amendment to the Youngfield Plaza ODP is required . PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on May 15 , 2014. A recommendation of approval was made for the following reasons: Case No. WZ-14 -0 4/RMBI CAF -Amendment to Youngfield Plaza PCD and ODP June 9, 2014 Page 2 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the city. 2. The rezoning request is consistent with Envision Wheat Ridge, the city's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate state and city requirements must be met by the proposed facility. There were no members of the public who testified regarding the application. The staff report and meeting minutes from the Planning Commission public hearing are included as attachments with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of$1,375 were collected for the review and processing ofCase No. WZ-14-04. If the proposed amendment is approved, there could be an advancement of the city's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: Subject Property City It is zoned PCD, is comprised of9.7 acres and has street frontage on Youngfield. The applicant's current laboratory operations occupy three units (9,000 square feet) in the easternmost building. According to Jefferson County Assessor's records, the structure is listed as an office/warehouse. The applicant is a biomedical company that conducts research and development of medical devices, surgical technologies, and pharmaceutical and vaccine delivery. The applicant wants to expand their services to include marijuana testing and research. Surrounding Land Uses The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Y oungfield Plaza Subdivision. Immediately to the west is the l-70 corridor. Further to the west across 1-70 is the vacant Clear Creek Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential-One (R-1) and Residential-One A (R-IA). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture-One (A-1) and Agriculture-Two (A-2). Outline Development Plan and Proposed Modifications The city's Planned Development approval process is a two-step process. The first step is the zone change and approval of an Outline Development Plan (ODP) and the second step is approval of CAF -Amendment to Y oungfield Plaza PCD and ODP June 9 , 2014 Page 3 the Specific Development Plan (SDP). The ODP is used to establish development standards including the allowable setbacks, density, and other zoning parameters. It also includes a list of permitted land uses. Because marijuana research and testing is not listed in the intent statement listed on the Planned Development, it is currently not allowed. There are no changes proposed to the SDP for the property. The application has been through the standard referral process with no concerns raised by any outside agencies or city departments. RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2014, an ordinance approving an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow marijuana research and testing on property located at 3924-4096 Youngfield Street, on second reading and that it take effect 15 days after final publication, for the following reasons: Or, 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 requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-112-E ofthe Code of Laws. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot 1 of the Y oungfield Plaza Planned Development. 2. All applicable state and city requirements be met by the proposed facility ." "I move to deny Council Bill No. 04-2014, an ordinance approving an amendment to the Y oungfield Plaza Planned Commercial Development Outline Development Plan to allow marijuana research and testing on property located at 3924-4096 Youngfield Street for the following reasons: 1. 2. 3." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager CAF -Amendment to Youngfield Plaz a PCD and ODP June 9 , 2014 Page 4 ATTACHMENTS: 1. Council Bill No. 04-2014 2. Planning Commission Staff Report with attachments 3 . Planning Commission minutes TITLE: CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2014 COUNCIL BILL NO. 04-2014 -AN ORDINANCE APPROVING AN AMENDMENT TO THE YOUNGFIELD PLAZA PLANNED COMMERCIAL DEVELOPMENT (PCD) OUTLINE DEVELOPMENT PLAN (ODP) TO ALLOW MARIJUANA RESEARCH AND TESTING ON PROPERTY LOCATED AT 3924-4096 YOUNGFIELD STREET (CASE NO. WZ-14-04/RMBI) 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, Rocky Mountain Biosystems, Inc. (RMBI) has submitted a land use application for approval of an amendment to the Youngfield Plaza Planned Commercial Development (PCD) Outline Development Plan (ODP) to allow marijuana research and testing on property located at 3924-4096 Youngfield Street; and, WHEREAS, the proposed ODP amendment is supported by the City's Comprehensive Plan-Envision Wheat Ridge and the zone change criteria specified in Section 26-112. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by RMBI for approval of an amendment to the Youngfield Plaza PCD Outline Development Plan for property located at 3924- 4096 Youngfield Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, an ODP amendment is approved for the following described land: Lot 1, Youngfield Plaza, County of Jefferson, State of Colorado. Section 2. Vested Property Rights. Approval of this ODP amendment 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 Attachment 1 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 7 to 0 on this 121h day of May, 2014 , ordered it published with Public Hearing and consideration on final passa~e set for Monday, June 9, 2014 at 7 p.m., in the Council Chambers , 7500 West 291 Avenue , Wheat Ridge , Colorado , and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of _______ , 2014. ATTEST : Janelle Shaver, City Clerk 1st publication : May 15 , 2014 2 nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay , Mayor Approved as to Form: Gerald Dahl , City Attorney "~i., ... ~ r City of • .. ~Whe at&._,dge ~OMMUNI1Y DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission 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 SITE Plannin g Commi ss ion WZ-14-04/RMBI CASE MANAGER: M. Reckert May 15 ,2014 WZ-14-04/Rocky Mountain Biosystems (RMBI) Approval of an amendment to a Planned Commercial Development (PCD) Outline Development Plan (ODP) 4096 Youngfield Street -Development address 3924 Youngfield Street -RMBl tenant space Lee Kunz for Youngfield Plaza , LLC 9.7 acres Planned Commercial Development (PCD) Mixed Use Commercial , Primary Commercial Corridor CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION Attachment 2 All notification and posting requirements have been met: therefore, there is jurisdiction to hear this case. I. REQUEST This application is for approval of an amendment to an existing Planned Commercial Development (PCD) Outline Development Plan (ODP) for property located at 3934-4096 Youngfield Street. The purpose of the amendment is to allow additional uses within the existing planned development. (Exhibit I. A_e licant letter) A modification to a planned development district Outline Development Plan is processed as a zone change. Planning Commission will be making a recommendation to City Council who is the approving authority. II. EXISTING CONDITIONS/PROPERTY HISTORY The subject property is located at 4096 Youngfield Street and is currently zoned Planned Commercial Development (PCD), having been rezoned from A-I in 1980. The zone change was for 18 acres of land which was later subdivided into four adjacent properties. All four lots have frontage on Youngfield Street and run north from the bluff along 38 1h A venue to the south side of the Clear Creek greenbelt trailhead. (Exhibit 2. Subdivision P lat) An ODP plan was approved which set allowable uses and general development parameters for the entire 18 acres. Uses permitted were generally taken from the industrial uses listed in the code of laws and included business offices, service establishments , banks. retail and wholesale businesses, manufacturing, processing and assembly. While laboratory research and testing is a permitted use under the broad category of processing. it does not specify that any uses which are marijuana-related are allowed. Marijuana testing facilities are permitted in the City's C-1 and 1/E zone districts. The applicant is proposing an amendment to the allowed uses in the ODP for the research and testing of marijuana products. The property under consideration is Lot I of the Youngfield Plaza subdivision which is the southern- most lot of the original plat. The property is comprised of 9. 7 acres and has two structures on it. The applicant's current laboratory operations occupy 3 units (9.000 square feet) of the 64,335 square feet easternmost building (Building B). According to Jefferson County Assessor's records. Building B is listed as an office/warehouse, and was built in 1982. (Exhib it 3. Final Develo ment P la n ). The applicant is a biomedical company that conducts research and development of medical devices. surgical technologies. pharmaceuticals and vaccines . The applicant wants to expand their services to include marijuana testing and research. The address for the planned development is 4096 Youngfield but the RMBI tenant space is 3924 Youngfield. The marijuana testing component will be restricted to one area of the lab and will be separated from the rest of the testing facility. The laboratory will only operate under the privileges granted to it by the State License Authority. The testing facility will accept samples of retail marijuana or retail marijuana product from retail establishments only. The facility is not authorized to engage in manufacturing or sales and may only perform tests on samples that the Retail Marijuana Testing Facility is certified by the state to perform. The testing facility will maintain strict monitoring and documentation for quality assurance programs mandated by the state. Planning Commission WZ-14-04 /RMBI 2 The surrounding properties have a mix of office/warehouse, open space and residential uses. To the north is property zoned PCD and part of the Youngfield Plaza Subdivision used for RV sales. Immediately to the west is the 1-70 corridor. Further to the west across 1-70 is the vacant Clear Creak Crossing site zoned PCD. To the south are residential neighborhoods zoned Residential-One (R-1) and Residential-One A (R-1 A). To the east is the Wheat Ridge greenbelt, including West Lake, zoned Agriculture-One (A-1) and Agriculture-Two (A-2). The following is a timeline regarding the introduction of legalized marijuana in Colorado and the City of Wheat Ridge: • The medical use of marijuana was approved by Colorado voters in 2000. • By 2009 dispensaries began to appear as alternative medicine shops in some Colorado cities, including Wheat Ridge . The first medical marijuana shop in Wheat Ridge opened in 2009 just north of the Red Lobster Restaurant on Wadsworth. • In 20 I 0 , the state legislature adopted statutes to regulate medical marijuana. • Medical marijuana centers, grow operations and MIP's (medically infused products) production are permitted uses in the C-1 and liE zone districts. • Recreational marijuana was approved by 55% of Colorado votes in 2012 . • The Wheat Ridge City Council adopted an ordinance to allow retail marijuana , retail MIPs and testing facilities in October 2013. • Direct sales tax revenues from medical marijuana centers in 2009 were about $8000. • In 2013 , direct sales tax revenues from retail and medical marijuana were over $87,000 . • On April 28 , 2014 , City Council approved a moratorium on new MJ testing locations. Because this application was "in process", it can proceed through public hearings. • In July 2014, mandatory testing of marijuana products will be required by the State. III. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone will not result in adverse effects on the surrounding area. While the new uses would be permitted, no changes are proposed for the property. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All infrastructure and property improvements are already in place. Modifications to the interior of the structure for processing the new component are not required. Planning Commission WZ-14-04/RMBI 3 Staff concludes that this criterion ha been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the City's comprehensive plan -Envision Wheat Ridge which was adopted in 2009. The Structure Plan map in Envision Wheat Ridge illustrates the community"s vision by classifying different types of areas and corridors. Site In the Structure Plan , Youngtield Street is shown as being a Primary Commercial Corridor. Goals identified for Primary Commercial Corridors include focusing on retaining existing commercial businesses and maintenance and upgrade of developments along the corridor. The area is also designated as Mixed-Use Commercial which has identities goals of having commercial area with mixed office and employment and encouraging long term intill. redevelopment and reinvestment. Other goals identified in Envision Wheat Ridge include retention and diversification of the employment base and generation of new primary employment opportunities. Staff concludes that this criterion ha s been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. There is no evidence of an error with the current Planned Commercial Development designation as it appears on the City's zoning maps. Planning Commission WZ-14-04/RMBI 4 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. There have been changes to the western portion of the city that have impacted the Y oungfield corridor. Most notably is the approval of the Clear Creek Crossing development which could allow over 800,00 square feet of retail , service, office and/or residential. There have also been infrastructure improvements including the widening and improvement of Youngfield , construction of the 401h/l-70 underpass and improvement to the interchange movements between State Highway 58 and 1-70. Although the zone change is not facilitating redevelopment, the completed improvements and intensification of the corridor promote expansion of uses and employment base along the corridor. Staff concludes that this criterion has not been met. 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. When the Comprehensive Plan was adopted , the state of Colorado and local municipalities were in the initial stages of understanding and regulating the marijuana industry . As such , the plan did not address the impacts , positive or negative, of this new economic force. The requirement for testing and the ability to accommodate the new State mandate should have a positive economic impact on the City and fulfill a state-wide need for this type of facility. Staff concludes that this criterion has been met. IV. NEIGHBORHOOD MEETING The required pre-application meeting for neighborhood input was held on October 14 , 20 I 0. There were no area property owners or residents in attendance. V. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. Wheat Ridge Fire Protection District: No concerns. Wheat Ridge Public Works Department: No traffic or drainage impact ; therefore, no concerns or comments. Wheat Ridge Economic Development: No objections. Plannin g Commiss ion WZ-14-04/RMB I 5 Wheat Ridge Police: No concerns with crime or traffic. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the additional uses for the research and testing of marijuana products will fulfill a state-wide need and should result in an economic benefit to the City. No physical changes are proposed for the property so there should be no negative impacts to the area. Because the zone change evaluation criteria support the request, Staff recommends approval of Case No. WZ-14-04. VII. SUGGESTED MOTIONS: Option A: "I move to recommend APPROVAL of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Y oungfield, for the following reasons: I. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City. 2. The rezoning request is consistent with Envision Wheal Ridge . the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: I. The additional uses of marijuana research and testing be allowed only on Lot I of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility:· Option B: ·'J move to recommend DENIAL of Case o. WZ-14-04. a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield , for the following reasons: I. 2."' Planning Commission WZ-14-04/RMBI 6 EXHIBIT 1 March 25,2014 Narrative for inclusion in application package regarding a proposed zoning amendment at Youngfield Plaza, Wheat Ridge, Colorado. by Rocky Mountain Biosystems, Inc. Rocky Mountain Biosystems (RMBI) was incorporated as a biotechnology corporation in Colorado in 2001 and operates a multi-million dollar research facility in Wheat Ridge, Colorado. RMBI seeks to amend the current restrictive zoning in order to expand its research and testing capabilities. The company performs research and product development in pharmaceutical delivery systems, surgical wound closure and aesthetics. The current research focus is on vaccines, pain control and treatments for aging disorders that affect hundreds of millions of individuals around the world. The company's flagship medical device recently won an FDA clearance for treatment of pain and will also provide aesthetic improvement for dermatologic patients the world over. RMBI's research has now moved into examining the role of cannabinoids, particularly cannabidiol, also known as CBD, in unique new therapies for a range of conditions. Recently, several news reports described how CBD has dramatically changed, and likely saved the lives of hundreds of severely epileptic children. These children have debilitating seizures 20 to 40 times a day. With the new application of CBD, the seizures are reduced to nearly zero. CBD has also been recognized for years as a treatment for anxiety, chronic pain and for sleeping disorders. CBD is just one of the many interesting compounds believed to have therapeutic benefit from the hemp plant. Marijuana differs from commercial hemp in that it contains even more substances that have both physiological and psychoactive effects. RMBI has initiated a research program to study the effects of some of the chemicals in the hemp plant, but is currently prohibited from performing the far-reaching research using the marijuana plant due to city zoning restrictions. RMBI is seeking a zoning amendment that will allow medical marijuana research and testing in its current facility. The amendment will allow the company to extend its analytical testing and medical research capabilities to include testing and research of cannabis derived materials that are believed to have medicinal effects valuable for the treatment of conditions that include cancer, epilepsy, sleeping disorders and for management of chronic pain. These testing services are a critical need for the fledgling industry in order to provide safety and understanding for products throughout the industry. The company will not be engaged in the distribution or sale of any marijuana products. There will be no effect on existing zone districts, or development and physical character of the surrounding area. Access to the area and traffic patterns will not be affected. It is expected that the company will hire additional staff as the need arises, however current facilities are sufficient 1 to accommodate these needs and any anticipated visitors . The utilities on the premises are sufficient for all projected use. There will be no additional burden on services to the premises and surrounding areas with regard to fire, police, water, sanitation, roadways, parks, schools, etc. The proposed amendment is in line with current city policies which support the existence of marijuana related businesses within city limits. In fact, the proposed change is supportive of the city of Wheat Ridge, its policies and its businesses. The research and testing of these materials has been mandated by the State of Colorado, and the development of a strong regulatory environment and compliant operations will ensure that related businesses operate within good business practices, and according to legal requirements. 2 .. l - ---------- EXHIBIT 2 , .. I •• F'tiAl PlAT YOlJNGf'IElD PLAZA Jlf:F ----- I EXHIBIT 3 lliJifUIIIIl t I J''J •('( ~~ 11•1lill 1!:. ltlt1•• 1 ~ •h· linutl ~ filii l'I"J! I bat tiiJt&f I 111Pi!tl11U I •J J . -4 .- ... ~~~ ._ .,.. City of ?VVheatRi_dge PLANNING COMMISSION Minutes of Meeting May 15,2014 l. CALL THE MEETING TO ORDER The meeting was caiied to order by Chair BRIN AN at 7:02p.m. in the City Council Chambers ofthe Municipal Building, 7500 Wes 29 111 venue, Wheat Ridge, Colorado . 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Emery Dorsey Silke Popp Scott Ohm Steve Timms Amanda Weaver Meredith Reckert, Senior Planner Kim W~ggoner, Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner BUCKNAM to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES-April17, 2014 It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of April17, 2014, as written. Motion carried 4-0 with Chair BRINKMAN abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. Planning Commission Minutes May 15 , 2014 Attachment 3 - 1 - 7. PUBL IC HEARING A . Case No . WZ-14-04: An application filed by Rocky Mountain Biosystems Inc . for an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan to allow additional uses at 3924-4096 Youngfield St. Ms. Reckert presented the case. She entered into the record the contents of the case file, the zoning ordinance, the subdivision regulation and the digital presentation. She stated the public noticing and posting requirements have been met. A modification to a Planned Development Outline Development Plan is processed as a zone change and Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. Commissioner OHM asked which properties were notified and if there are any setbacks from schools. Ms. Recke1t stated notification requirement is a 300-foot radius around the property and there are no setbacks for testing facilities. In response to Commissioner OHM 's questions , Ms. Reckert stated the Fire Department reported they had no concerns with the additional testing. Commissioner DORSEY confinned the location of proposed testing facility. Ms . Reckert stated the applicant is not expanding their cunent space just expanding the materials being tested. Commissioner BUCKNAM asked about protocol for secure transport of samples to the testing facility . Ms. Reckert stated there are state requirements and defened to the applicant. Chair BRINKMAN asked ifthere are different levels and capabilities of testing facilities and asked if the revenue from this type of business can be deposited into a bank. Ms. Reckert defened to the applicant. Kevin Marchitto 15403 W. 51 51 Place Golden , CO The applicant provided background information about the company. He stated their interest includes research and testing of marijuana and cannabis related substances including Cannabidiol (CBD) which is a substance in marijuana thought to have medicinal properties and industrial hemp . CBD is not a psycho active component of cannabis. The intent is to bring some credibility to the research. Compliance testing is critical because RMBI thinks there are some real medical benefits to marijuana and some of its components. The regulations are critical and add credibility to the industry. He stated they have a good record with following compliance guidelines. Their intent is to set the standard for marijuana testing. They intend to become a state of the art facility Planning Commission Minutes May 15 ,2014 -2 - and perhaps set the standard for the state and country. He stated they have a DEA license to research narcotics compounds. A bonded registered courier with an occupational license from the state will pick up the samples and bring materials to the facility. The samples will be documented and secured. The facility has a high level of security. Material will be checked out for testing including weight and measurement. A report will be generated after testing. Any waste materials will be disposed per the state regulations . Commercial DORSEY inquired about the leased building for use of cannabis. The applicant stated there are currently three units and the plan is to restrict testing to one unit. Commissioner OHM asked ifthere would be any extract~ns or use of solvents . The applicant stated technically yes but they do not extract for preparation or retail purposes. The an1ounts extracted are minimal for testing. Fume hoods with safety glass will be utilized. Commissioner OHM asked if C02 is used as a solvent. The applicant stated no , not currently. There is a chance they might do some research on extractions and use C02 . The risk of explosion and toxic contaminates is removed with C02 extraction and is considered safe. Commissioner OHM asked the appl~cant if he was aware of the conditions under state law Colorado revised statue 12-43.3-202 that is specifically about medical marijuana concentration requirements for C02 . The applicant stated he is aware of the condition and is compliant. Chair BRINKMAN asked the applicant if there are different levels of testing facilities and asked ifRMBI is considered a compounder. The applicant stated there is only one level of testing and they do some compounding for vaccines . He stated this type of facility is not allowed to retail marijuana products. He does anticipate de veloping techno ogy for compounding CDB in the future and passing it on to a retail operation. Chair BRINKMAN asked ifbanks are allowed to accept revenue from testing and research of retail /medical marijuana. The applicant replied yes. Commissioner DORSEY asked if the applicant will be testing infused products for retail for the state. The applicant stated they will be testing all materials . The state can designate any tester that they want. He stated they intend to be a high quality testing facility and go for the state business as well. Commissioner POPP asked if trials will be conducted with human or animals . The applicant stated they haven't planned any studies with human or animals at this point. RMBI goes through an internal review board for a clinical study and is regulated by the National Institute of Health and defined by government standards. He stated they follow Planning Commission Minutes May 15 ,2014 -3 - national federal guidelines for trials with animals. The facility is accredited and inspected twice a year. Human studies have to be reviewed and approved by an outside source. Commissioner POPP asked ifhuman trials could be in Colorado . The applicant stated yes because of the laws and transport laws. Commissioner DORSEY asked who has jurisdiction to oversee the testing. The applicant stated the state is putting an accreditation system in place by July 1. Chair BRINKMAN closed the public hearing since no one in the audience wanted to speak. It was moved by Commissioner POPP and seconded by Commissioner BUCKNAM to recommend approval of Case No. WZ-14-04, a request for approval of an amendment to the Youngfield Plaza Planned Commercial Development Outline Development Plan for property located at 3924-4096 Youngfield, for the following reasons: 1. The additional uses will fulfill a state-wide need and should result in an economic benefit to the City. 2. The rezoning request is consistent with Envision Wheat Ridge, the City's comprehensive plan. 3. The evaluation criteria support approval of this request. With the following conditions: 1. The additional uses of marijuana research and testing be allowed only on Lot 1 of the Youngfield Plaza Planned Development. 2. All appropriate State and city requirements be met by the proposed facility. Motion carried 5-0. 8. OTHER ITEMS A. Ms. Reckert stated there is a land use case scheduled for public hearing on June 5. At this point there is nothing scheduled for June 19. Commissioner POPP stated she will not be able to attend on June 5 and 19. B. Commissioner OHM inquired about the historical Brownfields bill signing and if the portion of the Go Ford site that the city bought is going through remediation. Ms . Reckert stated yes. 9. ADJOURNMENT It was moved by Commissioner BUCKNAM and seconded by Commissioner Plmming Commission Minutes May 15 , 2014 -4 - OHM to adjourn the meeting at 7:51p.m. Motion carried 5-0. Anne Brinkman, Chair Planning Commission Minutes May 15 ,20 14 Kim Waggoner, Recording Secretary -5 - ... ~·., .. _ r City of • :rWheat:Ri.__dge ITEM NO: _3_:._ DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2014 -AN ORDINANCE AMENDING SECTIONS 11-305, 11-416 AND 26-204 OF THE WHEAT RIDGE CODE OF LAWS TO PROIDBIT THE LOCATION OF MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE C-1 ZONE DISTRICT; TO IMPOSE DISTANCE REQUIREMENTS BETWEEN SUCH MANUFACTURERS AND CERTAIN SPECIFIED LAND USES; TO HARMONIZE OTHER DISTANCE REQUIREMENTS FOR RETAIL AND MEDICAL MARIJUANA ESTABLISHMENTS; AND REPEALING THE TEMPORARY MORATORIUM ON ALL CITY ACTION RELATING TO NEW MEDICAL MARIJUANA-INFUSED PRODUCIS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS' APPLICATIONS 0 PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR 1ST READING (06/09/2014) 0 ORDINANCES FOR 2ND READING (06/23/2014) 0 YES ~ NO The City Code currently imposes separation requirements that prohibit medical marijuana centers and retail marijuana stores (those facilities that may sell marijuana and marijuana products to the public) from locating within I ,000 feet of a school , residential child care facility , alcohol or drug treatment facility or the principal campus of a college , university, or seminary. Existing separation requirements further prohibit medical marijuana centers from locating within three-quarters of a mile of another medical marijuana center. Retail marijuana stores are CAF -MJ Infused Products June 9 , 2014 Page 2 prohibited from locating within three-quarters of a mile of another retail marijuana store or of a medical marijuana center, unless the retail store and medical marijuana center are being operated as a dual retail business. This ordinance imposes similar separation requirements on medical marijuana-infused products manufacturers and retail marijuana products manufacturers. The ordinance also harmonizes the separation requirements set forth in the City 's retail marijuana regulations and medical marijuana regulations to remedy minor inconsistencies . Finally, the ordinance eliminates the authorization for medical marijuana-infused products manufacturers and retail marijuana products manufacturers to locate in the C-1 zone district , leaving the 1-E zone district as the only zone district in which manufacturers could locate in the future. The substance of these amendments is as follows: 1. Manufacturers (both retail and medical marijuana) may not locate within 1 ,000 feet of a school , residential child care facility , alcohol or drug treatment facility or the principal campus of a college, university, or seminary. 2. Manufacturers may not locate within one-quarter (1 /4) mile of any other marijuana product manufacturer (retail or medical) unless a retail marijuana products manufacturer and medical marijuana-infused product manufacturer are operating as a dual manufacturing business . 3. Language is added to restrict medical marijuana centers from locating within % of a retail marijuana store to mirror the converse restriction that is currently in place (retail stores may not locate within % of a mile of a medical marijuana center). 4. Language is added to the medical marijuana regulations to state how distances will be measured , as is done in the retail marijuana regulations . 5. The manner of measuring between marijuana businesses (from property line to property line) is clarified. 6. The Community Development Director is designated as the party responsible for determining pedestrian routes to eliminate possible ambiguity when multiple routes are available. 7 . The Table of Uses for Commercial and Industrial zone districts in the zoning code (Chapter 26) is amended to eliminate medical marijuana-infused products manufacturers and retail marijuana products manufacturers as permitted uses in the C-1 zone district. The current moratorium on all City action related to new applications for medical marijuana- infused products manufacturers and retail marijuana products manufacturers is scheduled to expire on July 27 . This ordinance would become effective on July 1 and would repeal the current moratorium as of July 151 • PRIOR ACTION: At the April 28 , 2014 City Council meeting, the Council approved an emergency ordinance enacting a 90-day moratorium on the acceptance and processing of new applications for marijuana infused products (MIP) manufacturing licenses , permits , land use approvals , etc. The stated purpose of the moratorium was to give the Council an opportunity to review and evaluate CAF -MJ Infused Products June 9, 2014 Page 3 the City's existing regulations governing MIPs in relation to locational requirements , potential land use impacts and zoning issues generally. At its May 19 , 2014 study session , the City Council reviewed the issues and discussed regulatory options. Consensus was reached to direct staff to prepare an ordinance containing the items listed above. The Planning Commission is scheduled to conduct a hearing on the ordinance on June 19th and formulate its recommendation on the ordinance, to be forwarded to the Council prior to Council's second reading of the ordinance. FINANCIAL IMPACT: The City currently has two MIPs and one MIP application pending. The location restrictions in this ordinance will not impact these existing and pending facilities. Attached to this Council Action Form is a map that illustrates the locations of these three MIPs , their respective 1.1 mile buffers and the other proposed factors limiting where future MIPs could locate under the terms of this ordinance. Limiting the available locations at which future MIPs may be located necessarily limits the number of MIPs that may locate within the City and the attendant jobs such businesses may create. The City does not tax the transactions that may occur at MIPs. Sales of marijuana to MIPs for use as an ingredient in their manufactured products may be subject to the state's excise tax ; those sales are not subject to state or local sales tax. BACKGROUND: When the City first adopted medical marijuana regulations in March 2011 , the regulations included a requirement that medical marijuana centers (stores) not be closer than 1,000 feet from schools , daycare facilities , college and university campuses and drug and alcohol treatment facilities. This 1,000 foot distance restriction for medical marijuana centers mirrors the same restriction under state law. C.R.S. § 12-43.3-308(1)(d). Under both the City Code and state law , this 1 ,000 foot distance restriction does not apply to other medical marijuana establishments , such as MIPs or primary caregiver locations. When the City adopted retail marijuana zoning regulations in October 2013 , those regulations mirrored the City 's existing medical marijuana regulations . Therefore, the separation requirements were only made to apply to retail stores , not MIPs or testing facilities. State law does not contain any distance restrictions in regard to retail marijuana establishments, leaving the imposition of any such restrictions entirely up to local governments. Recently, citizens and elected officials have raised the policy question of whether additional classes of marijuana related businesses , specifically MIPs , should be subject to additional separation requirements , as is the case for retail and medical marijuana related stores . As a result of these inquiries, the City Council adopted a temporary moratorium on new MIP applications to permit the Council to study MIP zoning issues while the status quo of existing MIPs was maintained. As a result of its discussion on May 19th , a majority of the Council determined that it was appropriate to consider an ordinance imposing separation requirements on MIPs and limiting MIPs to the I-E zone district. CAF -MJ Infused Products June 9, 2014 Page4 RECOMMENDATIONS: 1. Approve the ordinance as presented on first reading; 2. Approve the ordinance with amendments on first reading; 3. Request further research and information from staff on a particular issue(s) and continue consideration of the ordinance to a future meeting; or 4. Postpone consideration of the ordinance indefinitely. (The current moratorium is scheduled to expire on July 27 , 2014.) RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2014 , an ordinance amending sections 11-305 , 11-416 and 26-204 of the Wheat Ridge Code of Laws to prohibit the location of medical marijuana- infused products manufacturers and retail marijuana products manufacturers in the C-1 zone district ; to impose distance requirements between such manufacturers and certain specified land uses ; to harmonize other distance requirements for retail and medical marijuana establishments ; and repealing the temporary moratorium on all City action relating to new medical marijuana- infused products manufacturers and retail marijuana products manufacturers ' applications , on first reading, order it published , public hearing set for Monday, June 23 rd, 2014 at 7 :00p.m. in City Council Chambers, and that it take effect on July 1, 2014." Or, "I move to postpone indefinitely the ordinance amending sections 11-305 , 11-416 and 26-204 of the Wheat Ridge Code of Laws to prohibit the location of medical marijuana-infused products manufacturers and retail marijuana products manufacturers in the C-1 zone district ; to impose distance requirements between such manufacturers and certain specified land uses ; to harmonize other distance requirements for retail and medical marijuana establishments ; and repealing the temporary moratorium on all City action relating to new medical marijuana-infused products manufacturers and retail marijuana products manufacturers ' applications , 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. 05-2014 2 . City map illustrating the proposed MIP regulatory environment 3. City map illustrating the existing regulatory environment for all marijuana businesses CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 05 Ordinance No. ___ _ Series 2014 TITLE: AN ORDINANCE AMENDING SECTIONS 11-305, 11-416 AND 26-204 OF THE WHEAT RIDGE CODE OF LAWS TO PROHIBIT THE LOCATION OF MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS IN THE C-1 ZONE DISTRICT; TO IMPOSE DISTANCE REQUIREMENTS BETWEEN SUCH MANUFACTURERS AND CERTAIN SPECIFIED LAND USES; TO HARMONIZE OTHER DISTANCE REQUIREMENTS FOR RETAIL AND MEDICAL MARIJUANA ESTABLISHMENTS; AND REPEALING THE TEMPORARY MORATORIUM ON ALL CITY ACTION RELATING TO NEW MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURERS AND RETAIL MARIJUANA PRODUCTS MANUFACTURERS' APPLICATIONS 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, including medical marijuana-infused product manufacturers; 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, including retail marijuana products manufacturers; and WHEREAS, on April 28, 2014, the Council adopted Ordinance No. 1546, Series 2014, imposing a ninety-day moratorium on the submission, acceptance, processing and approval of all new applications for medical marijuana-infused products manufacturers and retail marijuana products manufacturers; and WHEREAS, the purpose of the moratorium was to permit the Council to study and evaluate whether existing City regulations adequately ensure that marijuana product manufacturers are located only in locations that are consistent with the intent and purpose of the City's comprehensive plans, land use code, compatible with surrounding uses and otherwise in furtherance of the public health, safety and welfare; and Attachment 1 WHEREAS, the Council has completed its review and finds that marijuana product manufacturers are more similar to and more compatible with other uses permitted in the 1-E zone district than in the C-1 zone district; and WHEREAS, the Council further finds that marijuana product manufacturers promote the intent and purpose of the 1-E zone district: to allow light industrial and commercial uses that support employment; while such manufacturers do not promote the intent and purpose of the C-1 zone district: to provide a wide range of commercial land uses which include office, general business, and retail sales and service establishments, supported by the community and/or entire region; and WHEREAS, the Council therefore determines that it is appropriate and desirable to amend Chapter 26 of the Code to remove the designation of marijuana products manufacturers as permitted uses in the C-1 zone district while maintaining the permitted use designation of such facilities in the 1-E zone district; and WHEREAS, the Council further finds that marijuana products manufacturers are different than other manufacturers in that some of their on-hand inventory is a controlled substance that remains unlawful to possess and use, under certain circumstances, and which therefore retains the potential to be diverted to illegitimate or black market purposes; and WHEREAS , as such, the Council finds that marijuana products manufacturers have a higher likelihood of being the victim of burglary and larceny than other manufacturers and may pose a higher risk of facilitating other unlawful activity through inventory leakage, careless disposal of excess product, etc.; and WHEREAS, the Council therefore finds that it is necessary and desirable to impose a minimum distance requirement between marijuana products manufacturers, in the interests of minimizing the potential concentration of criminal activity that may be attendant to such facilities; and WHEREAS, based on the foregoing, the Council further finds that it is necessary and desirable to impose the same 1 ,000 foot distance requirements on marijuana products manufacturers as currently apply to marijuana retail stores and medical marijuana centers in relation to schools, alcohol or drug treatment facilities, campuses and residential child care facilities; and WHEREAS, the Council therefore wishes to amend various provisions of the Code, as further set forth herein, to render the City's regulations concerning marijuana products manufacturers more harmonious with the intent and purpose of the City's existing land use code, to locate future facilities in areas that are compatible with surrounding uses, to minimize the potential for concentrated criminal activity related to such facilities, and to minimize the potential exposure of such facilities to vulnerable populations such as children and those with substance addictions, all of which promotes the health, safety and welfare of City residents and businesses. 2 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Section 11-305 of the Code, concerning prohibited locations of medical marijuana establishments, is hereby amended as follows: Sec. 11-305. Prohibited locations. (a) Except as provided in subsection (fG) 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. THIS LIMITATION WILL BE COMPUTED BY DIRECT MEASUREMENT FROM THE NEAREST PROPERTY LINE OF THE LAND USED FOR A SCHOOL, TREATMENT FACILITY, CAMPUS OR RESIDENTIAL CHILD CARE FACILITY TO THE NEAREST PORTION OF THE BUILDING IN WHICH THE CENTER OR MANUFACTURER IS TO BE LOCATED, USING THE MOST-DIRECT ROUTE OF PEDESTRIAN ACCESS, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR. Medical marijuana establishments that were lawfully in existence at a specific location within the city as of the effective date of this section shall not be subject to the prohibition at that location. (c) No medical marijuana center shall be located within three-fourths (%) of a mile of another medical marijuana center OR WITHIN THREE-QUARTERS(%) OF A MILE OF A RETAIL MARIJUANA STORE UNLESS THE MEDICAL MARIJUANA CENTER AND THE RETAIL MARIJUANA STORE ARE OPERATING A DUAL RETAIL BUSINESS AS DESCRIBED IN SECTION 11-415. THIS LIMITATION WILL BE MEASURED USING A STRAIGHT LINE FROM THE PERIMETER OF THE PARCEL WHERE A PROPOSED MEDICAL MARIJUANA CENTER WILL BE LOCATED TO THE PERIMETER OF THE PARCEL UPON WHICH THE EXISTING CENTER OR STORE IS LOCATED. Medical marijuana establishments that were lawfully in existence at a specific location within the city as of the effective date of this section shall not be subject to the prohibition at that location. 3 (d) NO MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER SHALL BE LOCATED WITHIN ONE-QUARTER (1/4) OF A MILE OF ANOTHER MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER OR A RETAIL MARIJUANA PRODUCTS 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 LINE FROM THE PERIMETER OF THE PARCEL WHERE A PROPOSED MANUFACTURER WILL BE LOCATED TO THE PERIMETER OF THE PARCEL UPON WHICH THE EXISTING MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER OR A RETAIL MARIJUANA PRODUCTS MANUFACTURER IS LOCATED. (E) No person shall operate an optional premises cultivation operation within the city unless the licensed premises of the person's optional premises cultivation operation are contiguous with the licensed premises of the person's medical marijuana center license and/or the person's medical marijuana-infused products manufacturing license . (e F) Each medical marijuana establishment shall be operated from a permanent location. Except as permitted by the Medical Marijuana Code, no medical marijuana establishment shall be licensed to operate from a moveable, mobile, or transitory location. (f 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. The fact that changes in the neighborhood that occur after the issuance of the first 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 so long as the license for the establishment remains in effect. Section 3. Section 11-416 of the Code, concerning prohibited locations of retail marijuana establishments, is hereby amended as follows: Sec. 11-416. Prohibited locations. (a) Except as provided in subsection (9H) of this section, no retail marijuana establishment shall be located at a location that does not conform to the requirements of this section . 4 (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. This limitation will be computed by direct 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 to the nearest portion of the building in which fetaH marijuana is to be sold THE STORE OR MANUFACTURER IS TO BE LOCATED, using a THE MOST-DIRECT route of ffife6t pedestrian access, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR. (c) No retail marijuana store shall be located within three-quarters (%) of a mile of another retail marijuana store. This limitation will be measured using a straight 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 located within or outside of the city limits. (d) No retail marijuana store shall be located within three-quarters (%) 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 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 (1/4) 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 LINE FROM THE PERIMETER OF THE PARCEL WHERE A PROPOSED RETAIL MARIJUANA PRODUCTS MANUFACTURER WILL BE LOCATED TO THE 5 PERIMETER OF THE PARCEL UPON WHICH THE EXISTING RETAIL MARIJUANA PRODUCTS MANUFACTURER OR MEDICAL MARIJUANA-INFUSED PRODUCT MANUFACTURER IS LOCATED. (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. (f 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 4. The following rows within the Table of Uses for Commercial and Industrial zone districts, as set forth in Section 26-204 of the Code, are hereby amended as follows : Uses NC RC C-1 C-2 1-E Medical ma rij ua na-infused p p product manufacturers Retail marijuana products p p manufacturers Section 5. Repeal of Temporary Moratorium. The temporary moratorium imposed by City of Wheat Ridge Ordinance No. 1546 , Series 2014, on the submission, acceptance , processing, and approval of any application for a City land use approval, permit or license for any medical marijuana-infused products manufacturer and any retail marijuana products manufacturer is hereby repealed and shall expire simultaneously with the effectiveness of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective on July 1, 2014, as authorized by Section 5.11 of the Wheat Ridge Home Rule Charter. Section 7. 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 6 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _ on this gth day of June, 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 June 23, 2014, at 7:00 p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to_, this day of , 2014. SIGNED by the Mayor on this __ day of _____ , 2014. ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl, City Attorney 7 .. =; WheatRl_dge City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033-8001 303 .234 .5900 O.ta Souren: Ctty ofWheet Ridge , Jeftco Pubic Sc:hoott 1- C/) Iii u.. a:: ~ • -1 • . 38TH AVE DISCLAIMER NOTICE: Thio .. • piclcriol ......... -.. googopllle .. d demogrephic lntormdon.. Retance qom the ..caqc:y, reliobllly .,d outhortly "' lhil inlormolian is' •<N¥ roquest«'s r-l>lity. The City "' Wheat Rldgo, In Jefknon County, Colorw:lo -a pollic:ai alA:tchfsion of the Sbitl of Cokndo, h• compled for b use ceruin computerized lntK'mlltion. TWa Jntormafon is ••* to .... i'l ide~o generel ••• of c:oncem onty. The comp.tterized lnformlltion provided lhould only be relied upon wW't cotToboration of lhe mef'loct., auumptions, ~d reauhl by a que lifted hdependent HU~W . n. user of this 11torm1tion ahlll Indemnify Wid ....,!he the ~ ., Wheat Ridge trom any and .. lilbiiiMs, ·~· ......,, ~ c::auMa of Klon tt.t r•\11 • • ~~enc:e c.-hie re•nce on tntannfton provkted .,..._ D 1- C/) a:: -w ...J ...J ~ 44TH AVE ' 41ST AVE 26TH AVE 1- C/) ~ z :::::; CL S2 ( I .Ji .. ---~ 38TH AVE JEFFERSON COUNTY ) - • -1 ~ 44TH AVE t 1- C/) "r w !:!:! CL J - .., . . ._..._ I • -# r--: :---· -~~-, L, t: !,· •: .... ~· ,.1 if !.1 ~ ,... . '..J-. . '-··-··--·, -----L. lt-:--·~---·. ---,.., 1----, (/) ~-., . ~· L. ~ ~ :1 0::• -~· . r-.J.. ...... .,... I r ~. - LAKESIDE • MOU TA/N VI 1 T T II 38TH AVE 1- C/) z :5 a:: ... . -. < J: 32NDAVE . 29T1-!AVE EDGEWATER Attachment 2 Proposed Regulations for Marijuana Infused Product (MIP) Manufacturers This map shows the businesses and land uses related to the proposed regulations for marijuana infused product (MIP) manufacturers. Marijuana Related Businesses The map shows the locations of active or pending MIP manufacturers as of April 28, 2014. The grey buffers indicated the proposed one-quarter mile separation between MIP locations. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home- based daycares. The Municipal Code requires a 1000-foot separation between these land uses and marijuana retail centers/stores and is proposed to also apply to MIP locations. This separation requirement is measured using a route of direct pedestrian access . Zoning Only one zone district is shown on the map: Industrial-Employment (1-E). Given the nature of MIP manufacturing, the regulations propose allowing this use only in the 1-E zone district. Marijuana-related businesses that include MIP manufacturing One-quarter mile buffer Schools (as of 4/28/14) • Drug treatment (as of 4/28/14) Daycare (as of 4/28/14) 1-E zone district •..•. , =, : City limits ...... N State Plane Coordinate Projection A Colorado Cemal Zone Dalum : NAD83 Revised May 21 , 2014 I r • " =¢' Wheat:Rt_,dge City of \Nheat Ridge, Colorado 7500 1/\lest 29th Avenue \Nheat Ridge , CO 80033-8001 303.234.5900 Olta Soun:n: City ofWhe.t Ridge , Jett:o Pubic Schools l I ~I DISCLAIMER NOJJCE: r • 38TH AVE ..... U) ..... w u. 0:: f • Thll it • pictort., representlllion or ,.,...,..ie 11nd demographic lnfonnMion . Rebnce '-'""' the KCUracy, relilbllly 1nd .uthorty of lhil Mform81ion ia soletv requestor's responat.lity. The Chy or VWtut Ridge, il Jefferson County, Coforedo -a poUiical •'*'.tvilion of 1he s:t.ae of Cokwado, h• comphd for Ia use t«ttkl comput«ized irdonnation.. TNt lntonn.lon i5 nllilabte fb. asailt h ide~g o-"~efll ••• of conc«n only. The cornput!Wized informMion provided lhould only ~ relied upon wflh corrob<ntion of the met.oda, auumptiona, ..,d resutll by a qualified ndependera source. The user of this lnlonnallon &hoi indonwtify ond hold .-.... CiiY of Wheat Rklge •om any and II liabililia, ......_ .......... •.d causes of acfon lhet resutt • • c:on:te.-nca el .. retilnce on infonnlllion proYided hereh D 1---- LAKEWOOD -~4T J_ I --38TH AVE rt..-~ ~ -rr: :-·---J .. n L_, -r: : !j Li a.L ~ :r ,.I {J -r ~ • -l l :..;'1-··-··-··, -"' LT----=-··r ....,--.--L.""' .. ~ L--a ·-r-j --------- LAKESIDE -:I~ II 38TH AVE L-i ti ,_ r r - ~-l r • -r I t t ------32NDAVE ' l 1 Attachment 3 Marijuana Related Businesses This map shows the businesses and land uses related to the City's existing marijuana regulations which are located in Chapter 11 of the Municipal code. Marijuana Related Businesses The map shows the locations of active or pending marijuana related businesses as of April28, 2014. This includes retail centers/stores, marijuana infused product (MIP) manufacturers, cultivation facilities, and testing facilities. The specific types of businesses are identified on the map by the callout boxes. Schools, Daycares, Treatment Centers This map also shows the locations of schools, drug treatment centers, and home- based daycares . The Municipal Code requires a 1000-foot separation between these land uses and marijuana retail centers/stores . This separation requirement is measured using a route of direct pedestrian access , and does not currently apply to MIP locations or marijuana testing centers . Zoning Only two zone districts are shown on this map. These include the Commercial-One (C-1) and Industrial-Employment (I-E) zone districts in which marijuana related businesses are considered permitted uses. Marijuana-related business Business type is in callout box: -Store -MIP -Grow -Testing Schools • Drug treatment Daycare C-1 zone district 1-E zone district ..... , ·._· J. City limits ··- N State Plane Coord inate Projection A Colorado Central Zone Datum : NAD63 Revised May 14, 2014 ~~~., ... ~ "' City of • JP"WheatRi_dge ITEM NO:~ DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2014 AN ORDINANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF NEW SECTION 26-639 CONCERNING MARIJUANA AND AMENDING PARAGRAPH 11-321(b)(8) CONCERNING APPLICATIONS FOR PRIMARY CARE-GIVER LICENSES 0 PUBLIC HEARING D BIDS /MOTIONS 0 RESOLUTIONS 1:8] ORDINANCES FOR 1ST READING (06/09/2014) 0 ORDINANCES FOR 2ND READING (06/23 /2014) QUASI-JUDICIAL: ?77 / // LA'/ City Attorney ISSUE: D YES Under existing state Constitutional provisions , individuals may cultivate and possess up to six marijuana plants , with three or fewer being mature flowering plants that are producing a usable form of marijuana , for their own consumption and use. Medical marijuana patients and their primary care-givers may possess even more than six plants at a time to meet a demonstrated medical need. Existing City Code does not regulate the manner in which marijuana may be cultivated and used by individuals in residential zone districts. The City Council discussed the issue at its May 19, 2014 study session. Finding that the unregulated cultivation and processing of marijuana in residential settings may pose significant health , safety and welfare risks , such as an increased risk of fire , mold , odor, fumes , theft or burglary and access to marijuana by children, the City Council directed staff to present an ordinance adopting residential cultivation and processing restrictions. This ordinance adopts the following restrictions on marijuana cultivation , drying , processing and manufacturing in residential dwellings: CAF -Marijuana Residential Grows June 9, 2014 Page 2 • The use must be conducted in an enclosed locked space within the dwelling; may not be located in an accessory structure. • The use must be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. • The use may only be conducted by a person who resides in the dwelling. • The total area used may not exceed 25% of the gross floor area of the dwelling unit. This is the maximum floor area permitted for a home occupation . • The use cannot generate traffic, noise, vibration , glare, fumes , odors or electrical interference beyond what normally occurs in any residential zone district. • There cannot be any visible evidence of the activity from any property line. • The use of compressed , flammable gas for processing marijuana is prohibited. • The City's building regulations in Chapter 5 are cross-referenced and the legal requirement to comply with such regulations if any electrical , mechanical , plumbing or other systems are installed or modified is emphasized. The ordinance also prohibits the co-location of"personal" grows on commercial properties (an unregulated and unlicensed communal garden of personal inventory) by prohibiting cultivation and manufacturing activities on commercial properties unless conducted by properly-licensed retail or medical marijuana businesses. The ordinance also requires primary care-givers to acknowledge these restrictions in their license applications. PRIOR ACT IO N : At its May 19 , 2014 study session , the City Council reviewed a number of policy questions related to marijuana-related activities . Staff proposed that language be added to the Code to address residential cultivation and manufacturing activities as applied to personal grows and primary care-givers. The Council directed staff to prepare such an ordinance for consideration. The Planning Commission is scheduled to conduct a hearing on the ordinance on June 19 111 and fonnulate its recommendation , to be forwarded to the Council prior to Council 's second reading of the ordinance. FINANCIAL IM PACT: Little direct financial impact to the City is projected, as the activities regulated by the ordinance are residential and not commercial. City law enforcement and code enforcement resources could face an increased demand if the regulations result in more complaints about residential cultivation activities. B ACKGRO UN D: Under Section 14 of Article XVIII of the Colorado Constitution ("Amendment 20"), individuals with debilitating medical conditions and their "primary care-givers ," as further defined therein , are provided defenses to (or exceptions from) criminal prosecution for the possession, production and use or medical marijuana. Amendment 20 authorizes such individuals to possess up to six marijuana plants , with three or fewer being mature flowering plants that are producing a usab le CAF -Marijuana Residential Grows June 9 , 2014 Page 3 fonn of marijuana, with an allowance for an individual to possess more than six if necessary to adequately treat the patient's debilitating medical condition. Section 16 of Article XVIII of the Colorado Constitution ("Amendment 64") similarly authorizes persons over 21 years of age to possess, grow, process, or transport no more than six marijuana plants with three or fewer being mature, flowering plants so long as such activity takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale. As a result ofboth ofthese Constitutional amendments, individuals have a constitutionally- protected right to grow marijuana plants in their homes. They have a corollary right to harvest, process and consume the marijuana that they grow. The cultivation, processing and growing of marijuana by patients, primary care-givers and adults , as authorized by Amendment 20 and Amendment 64, are not highly regulated under state law. Individuals who may have little training or expertise in the growing or manufacturing of marijuana and marijuana products may be engaging in such activities in residential settings with no regulatory oversight. This ordinance adopts reasonable regulations intended to ensure that marijuana cultivation and manufacturing in residential settings is done safely while respecting the rights of individuals to engage in such activities. RECOMMENDATIONS: 1. Approve the ordinance as presented on first reading; 2. Approve the ordinance with amendments on first reading; 3 . Request further research and information from staff on a particular issue(s) and continue consideration of the ordinance to a future meeting; or 4. Postpone consideration of the ordinance indefinitely. RECOMMENDED MOTION: "I move to approve Council Bill No . 06-2014, an ordinance amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11-321 (b )(8) concerning applications for primary care-giver licenses, on first reading, order it published, public hearing set for Monday, June 23rd, 2014 at 7 p.m. in City Council Chambers, and that it take effect upon final adoption and signature of the Mayor." Or, "I move to postpone indefinitely the ordinance amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11-321 (b )(8) concerning applications for primary care-giver licenses, for the following reason(s) " REPORT PREPARED AND REVIEWED BY; Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 06-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 06 Ordinance No. ----Series 2014 TITLE: AN ORDINANCE AMENDING CHAPTERS 26 AND 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF NEW SECTION 26-639 CONCERNING MARIJUANA AND AMENDING PARAGRAPH 11-321(b)(8) CONCERNING APPLICATIONS FOR PRIMARY CARE-GIVER LICENSES WHEREAS, Article XVIII Section 14 of the Colorado Constitution ("Amendment 20") authorizes and limits the use of medical marijuana for the treatment of debilitating medical conditions and provides patients and primary care-givers, as those terms are defined therein, with criminal defenses to, or exceptions from prosecution for the possession, production and use or medical marijuana; and WHEREAS, under Amendment 20, patients may possess up to six (6) marijuana plants, with three or fewer being mature flowering plants that are producing a usable form of marijuana; and WHEREAS, Amendment 20 also provides that a patient may possess more than six (6) plants if necessary to address the patient's debilitating medical condition; and WHEREAS, under Amendment 20 a primary care-giver is permitted to possess as many plants as necessary to address any one of his or her patient's debilitating medical conditions; and WHEREAS, City Council has been made aware that some patients have claimed that they need nearly eighty (80) marijuana plants to address their debilitating medical conditions; and WHEREAS, under the prov1s1ons in Article XVIII Section 16 of the Colorado Constitution ("Amendment 64"), persons over twenty-one years of age are authorized to possess, grow, process, or transport no more than six (6) marijuana plants with three or fewer being mature, flowering plants so long as such activity takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale; and WHEREAS, City Council has learned that the cultivation, processing, growing and possession activities for patients, primary care-givers and adults as described in Amendment 20 and Amendment 64 are not highly regulated under state law; and WHEREAS, if such activity is not otherwise regulated and limited within the City it could alter the character of the City's residential neighborhoods and present safety risks, affecting the health, safety, order, comfort, convenience and general welfare of the residents of the City; and Attachment 1 WHEREAS, City Council desires to regulate marijuana cultivation , processing and growing activities within residential dwelling units. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new section 26-639 , to read in its entirety as follows : Sec. 26-639. Marijuana A. As used in this section , "marijuana " means all parts of the plant of the genus cannabis , whether growing or not; the seeds thereof; the resin extracted from any part of such plant ; and every compound, manufacture , salt , derivative , mixture , or preparation of the plant , its seeds or its resin , including marijuana concentrate but shall not include industrial hemp, the fiber produced from the stalks , oil or cake made from the seeds of the plant , sterilized seed of the plant which is incapable of germination , or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations , food , drink , or other product whether for medicinal or non-medicinal (recreational) purposes . B. Cultivation , drying , processing and manufacture of marijuana and marijuana-infused products is permitted as an accessory use to any residential dwelling ; provided , however, that the following requirements are met: 1. Such use shall be conducted only within an enclosed locked space within the dwelling and may not be conducted within any accessory structure. 2. Such use shall be incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. 3. Such use may only be conducted by a person who resides within the dwelling in which the use is occurring . 4 . The total area used for said purposes shall not exceed twenty-five percent (25%) of the gross floor area of the user's dwelling unit. 5. The use shall not generate traffic, noise, vibration, glare , fumes , odors or electrical interference beyond what normally occurs in any residential zone district. 2 6. There shall be no visible evidence from any property line that such use is occurring within the dwelling. 7. The use of compressed, flammable gas as a solvent in the extraction of THC or other cannabinoids is prohibited. 8 . The installation or modification of any electrical, mechanical, plumbing or any other type of system or fixture related to the use shall comply with all applicable provisions of the City's building regulations as set forth in Chapter 5 of this Code. C. Except as provided for in Articles XII and XIII of Chapter 11 of this code, cultivation, drying, processing, manufacture and storage of marijuana may not occur in any non-residential structure. Section 2. Paragraph 11-321(b)(8) of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 11-321. Application for license. (8) A statement by the applicant acknowledging that the prov1s1ons in chapter 26 of this code concerning MARIJUANA APPLY home occupations applies to the activities of a primary care-giver; and Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date. This Ordinance shall take effect 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 , 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 June 23, 2014, at 7:00p.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 , 2014. 3 SIGNED by the Mayor on this __ day of _____ , 2014. ATTEST: Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effective Date : Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney 4 ~ ~ ~ .. ~ ~ r City of • ?WheatRi._dge ITEM NO: _5_. DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2014 A RESOLUTION ESTABLISHING A SCHEDULE FOR FEES IN LIEU OF PARKLAND DEDICATION AS REQUIRED BY CHAPTER 26, ARTICLE IV OF THE WHEAT RIDGE MUNICIPAL CODE 0 PUBLIC HEARING D BIDS/MOTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING C8J RESOLUTIONS D YES C8J NO Ci ~IM ISSUE: On April28 , 2014 , City Council adopted Ordinance 1547 , Series 2014 , an ordinance repealing and reenacting the City's subdivision regulations , as contained in Chapter 26 , Article IV. The stated intent of said ordinance was: • To simplify the subdivision review process • To provide more clear and contemporary design standards • To establish consistent and defensible dedication and public improvement requirements • To improve clarity and organization within the zoning code With those goals in mind , the section pertaining to public dedications , including parkland , was rewritten and restructured. The end result is administrative discretion to determine whether park land dedication versus a fee in lieu is most appropriate. However, once that determination has been made, the calculation would become more systematic and formulaic , to meet the above stated goals . The ordinance provides that the fees in lieu be established by City Council resolution. C AF -Park Land Fe e in Lieu of Land Dedication June 9 , 2014 Page 2 PRIOR ACTION: City Council has not previously considered this matter. Under the previous regulations , the fees were detennined on a case by case basis , based on the recommendation of staff, the Parks Commission and to a lesser extent the Planning Commission. FINANCIAL IMPACT: Parkland fees apply to all residential development , excluding nursing homes and similar uses . The fee generates revenue that is used to offset the costs the city incurs to acquire, develop and maintain its parks and recreation properties and facilities. It can only be used for those purposes. The proposed parkland fee is calculated based on a fonnula that detennines the amount of land required for dedication: [(number of proposed dwelling units) x (density factor) x (7 .5 acres)] I 1000 people This fonnula was based on research gathered throughout the Denver Metro Area . The fonnula falls on the lighter side of the spectrum relative to fees charged by other communities. This is reflective of the fact that the City's parkland system is largely built out and therefore the City is more focused on ongoing maintenance and periodic capital investments. Additionally, the City has attempted to create a business and regulatory environment that attracts new investment and development into the City . Based on an external professional analysis of the market, which suggests a median residential land price of$3.64/SF , the resulting parkland dedication fees would be as shown in the following table. Please note this is for illustrative purposes only, final detennination of the appropriate land valuation will be established by City Council. Type of Residential Density_ Factor Land Value* Per Unit Fee Single and Multi-Family 2 .1 $3.64 $2 ,497.29 Urban Renewal Area 1.7 $3.64 $2 ,021 .62 Mixed Use Development 1.7 $3.64 $2 ,021 .62 Within Y2 mile of transit station 1.7 $3 .64 $2 ,021.62 Senior Housing 1.5 $3 .64 $1 ,783 .78 * To be detennined by City Council Resolution B ACKGROUND : As noted above, the intent of the subdivision code rewrite was in large part to align the City code with the reality that Wheat Ridge is a largely built-out community focused on redevelopment and infill projects. The new subdivision regulations are intended to be streamlined , well organized, predictable, consistent and equitable. In doing the research that resulted in the ordinance that was adopted on April 28 , one area of focus was on staffs approach to detennining park land dedications and associated fees in lieu . In CAF -Park Land Fee in Lieu of Land Dedication June 9 , 2014 Page 3 conducting that research, it was determined that the previous fee structure was similar in many ways to what other jurisdictions required; however, it was discovered that the case by case subjective determination of the fee that occurred under the previous regulations was an area of concern for many jurisdictions. Like Wheat Ridge, Westminster is in the process of revising their code to establish consistency and Englewood adopted a similar approach in the past year. As established in the new subdivision regulations, staffbelieves they have achieved a process that is reasonable, predictable and equitable; however, it requires that City Council adopt a subsequent resolution that establishes a land valuation to be used in calculating the fee in lieu of parkland dedication . The language from the ordinance states the following: "The developer/owner ... shall ... pay to the city a sum of money based on a per acre fee adopted by resolution of the city council. A cash-in-lieufee schedule shall be established with consideration for the per acre costs of acquiring and improving park land. " To assist City Council in detennining an appropriate fee, the City commissioned a land valuation study, which is attached. The study analyzed 11 recent residential land transactions in Wheat Ridge and the surrounding area. The conclusion of that study is that the median land value was $3.64/SF and the mean land value was $4.22/SF. The language in the code also requires consideration for the costs incurred in making improvements to parks. In the past several years , the City has funded improvements to two new parks: Discovery Park and Kendall Park. These costs have been covered entirely by revenues generated from the City's share of Jefferson County open space sales tax revenues , grants from Jefferson County open space and grants from the Colorado State lottery fund. The City's share of the Jefferson County opens space tax also pays a portion ofthe City's costs to maintain its parks and open space lands. As a result ofhaving those existing revenue sources, the fees generated from the fees in lieu of parkland dedication will likely be used to fund long term capital maintenance projects in existing parks and open space areas. Based on this analysis ofthe types of expenses the City will use these fees for, staff has drafted the proposed fee schedule in the attached resolution, based on the base land costs and have not added a figure for additional park improvements costs. Staff has provided a table that summarizes how the fee would have applied to recently approved residential development projects in the City. RECOMMENDATIONS: Staff is recommending City Council adopt Resolution 34-2014, a resolution establishing a schedule for the City's parkland fee in lieu of land dedication. Staff has proposed the base fee be set at what was determined to be the median land value for residential land transactions in recent history in the area . This would result in a typical fee of$2,497.29 for a typical SF or MF unit. CAF -Park Land Fee in Lieu of Land Dedication June 9, 2 014 Page4 RECOMMENDED MOTION: "I move to approve Resolution No. 34-2014, a resolution establishing a schedule for fees in lieu of parkland dedication as required by Chapter 26, Article IV of the Wheat Ridge Municipal Code and utilizing $3.64/SF as the land/improvement value used to calculate said fees ." Or, "I move to continue consideration of Resolution No. 34-2014, a resolution establishing a schedule for fees in lieu of parkland dedication as required by Chapter 26 , Article IV of the Wheat Ridge Municipal Code for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 34-2014, 2. Sky to Ground Land Valuation Analysis 3. Table comparing proposed fee to recent residential projects CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2014 TITLE: A RESOLUTION ESTABLISHING A SCHEDULE FOR FEES IN LIEU OF PARKLAND DEDICATION AS REQUIRED BY CHAPTER 26, ARTICLE IV OF THE WHEAT RIDGE MUNICIPAL CODE WHEREAS, the City Council adopted Ordinance 1547, Series 2014 on April28 , 2014 , w ith the stated intent of simplifying the subdivision review process and establishing consistent and defensible dedication and public improvement requirements ; and WHEREAS , Ordinance 1547 provides that City Council shall take action by resolution to adopt a residential land valuation to be used in calculating the parkland fee in lieu of land dedication ; and WHEREAS , the ordinance further states that "the developer/owner ... shall. .. pay to the City a sum of money based on a per acre fee adopted by resolution of the City Council. A fee in lieu schedule shall be established with consideration for the per acre costs of acquiring and improving park land ; and WHEREAS , the City has commissioned a land valuation study from a firm with expertise in residential real estate transactions ; and WHEREAS, the study analyzed 11 recent land transactions in the greater Wheat R idge area and determined the median sales price for residential development land to be $3.64/square foot of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: For the purposes of calculating the City's parkland fee in lieu of land dedication , City Council hereby determines the residential land valuation to be $3 .64/square foot of land . The following table is illustrative of the impact of that land valuation on actual fees to be paid. Type of Residential Density Factor Land Value* Per Unit Fee S ingle and Multi-Family 2.1 $3.64 $2 ,497.29 Urban Renewal Area 1.7 $3 .64 $2 ,021.62 Mixed Use Development 1.7 $3 .64 $2 ,021.62 Within ~ mile of transit 1.7 $3 .64 $2 ,021.62 station Senior Housing 1.5 $3 .64 $1 ,783 .78 Attachment 1 DONE AND RESOLVED this 9th day of June 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Date: To: From: Subject: May 28 , 2014 --Updated Ken Johnstone, City of Wheat Ridge Community Development Director Nanci Kerr Evaluation of Vacant Land Sales Zoned Residential for the Purpose of Adopting Fee in Lieu of Park Land Dedication Policies for New Residential Units In support of the City of Wheat Ridge's adoption of a new subdivision code and related fee in lieu of public park land dedication for new residential units' policies, Sky to Ground evaluated recent arm's length transactions for vacant and unimproved land zoned for residential uses located in Jefferson County. The purpose of this analysis is to advise the Community Development Director and the City Council on means of establishing a rational nexus between the fees collected by the city for new residential units and the per square foot value of land used to calculate a fee in lieu of a public park dedication . The city seeks to adopt understandable, consistently applied and equitable policies that do not create a financial disincentive for residential densities allowed by code . This will be accomplished by using a straight forward calculation of the average sales price per square foot of comparable parcels . Sky to Ground evaluated numerous sites and transactions to identify 11 comparison land sales between 2012 and 2014 of vacant and developable parcels . As reported by Costar Group on 5/21/2014 or by the respective city planning departments, all parcels are zoned for residential uses. The residential classifications range from single family detached to mixed use with attached or stacked units . These parcels are relevant because Jefferson County's Assessors records valued only the land without additional improvements . The sites range in size between 1 and 54 acres with the mean being nearly 10 and the median over 4.5 acres. The comparisons sites are located in Arvada, Columbine Valley , Denver, Golden, Lakewood, Westminster and Wheat Ridge. The attached spreadsheet shows the sales price per square foot vary between $.95 and $10 .34, with the mean being $4.22 and the median $3.64. Below are plan-view Google Map images of the evaluated sites and corresponding address and site number. Please note a hyper link to Google Map is also included in the address column of the attached spreadsheet. SKY to Ground LLC 1550 Larimer Street. Suite 605 Denver, CO 80202 Attachment 2 Phone(303)592-1122 Fax (303) 592 -1144 1. 9447 W 71 '1 Avenue , Arvada , CO 80004 2 . Ridge Road and Robb Street , Arvada , CO KY to Ground LLC 1550 Larimer Street, Suite 605 Denver, CO 80202 Page 2 of 7 Phone(303)592-1122 Fax(303)592-1144 3 . 12401 West 82nd Avenue , Arvada , CO 4 . 3550 West Bowles Avenue , Columbine Valley , CO SKY to Ground LLC 1550 Larimer Street, Suite 605 Denver, CO 80202 Page 3 of7 Phone(303)592-1122 Fax(303)592 -1144 5. 3244-3290 South Federal Boulevard , Denver, CO 6 . 5010 Mcintyre Street , Golden CO 80403 KY to Ground LLC 1550 Larimer Street, Suite 605 Denver, CO 80202 Page 4 of 7 Phone(303)592-1122 Fax(303)592 -1144 7 . 13th Avenue and Newland Street, Lakewood , CO 8. 1194-1196 South Reed Street, Lakewood , CO SKY to Ground LLC 1550 Larimer Street, Su ite 605 Denver, CO 80202 Page 5 of 7 Phone(303)592-1122 Fax(303)592-1144 9. W 96th Avenue @ Sheridan Boulevard , Westminster, CO 10 . West 38 th Avenue , Wheat Ridge , CO KY to Ground LLC 1550 Larimer Street, Suite 605 Denver, CO 80202 Page 6 of 7 Phone(303)592-1122 Fax (303) 592 -1144 11 . 5801 West 38th Avenue/4000 Fenton Court, Wheat Ridge, CO SKY to Ground LLC 1550 Larimer Street, Suite 605 Denver, CO 80202 Page 7 of7 Phone(303)592-1122 Fax (303) 592 -1144 City of Wheat Ridge Vacant Land Values 5/28/2014 Notes: Addresses in colum B hyper link to Google Maps #11 included 1,580 sq . ft . SFD house Comparison of Proposed and Actual Parkland Fees for Recent Residential Development Units Density Factor Projected Land Dedication* Land Value Population (7 .511c11000ppl) (dollar per sf) Town Center Apartments 88 1.5 persons perdu 132 people 0 .9900 acres $3 .64 (senior housing) Perrin 's Row 26 1. 7 persons per du 44 people 0 .3315 acres $3.64 n an urban renewal area Incarnation •• 26 2.1 persons perdu 54 .6 people 0.4095 acres $3.64 Doud Overlook 48 2.1 persons perdu 101 people 0 .7560 acres $3.64 du = dwelling unit • Land dedication= [(number of proposed dwelling units) x (density factor) x (7.5 acres))+ 1000 people ** Fee not yet pa id F" Fee per Unit $156 ,972 .82 $1 ,783.78 I $0 $52,562.11 $2,021.62 $17 ,000 .00 $64 ,929 .66 $2,497.29 $89 ,500 .00 $119 ,870 .15 $2,497 .29 $247 ,875 .20 $0 0% $653 .85 32 % $3,442 .31 138% $5 ,164.07 207 % C") .... c CD E .c u ca .... c ~ J " -"' r City of r wheatRi_dge ITEM NO:~ DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFQ-JN-14-07 CLEAR CREEK TRAIL RELOCATION 41st AVENUE SEGMENT WEST OF KIPLING PROJECT TO ICON ENGINEERING, INC., OF CENTENNIAL, CO., IN AN AMOUNT NOT TO EXCEED $86,672 FOR TRAIL DESIGN AND PREPARATION OF CONSTRUCTION DOCUMENTS 0 PUBLIC HEARING [g) BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING D YES City Manager The scope of this contract award includes trail design and preparation of construction documents. The scope of the trail project is to relocate the segment of the Clear Creek Trail that is currently on 41st Avenue, west of Kipling. The current trail travels west on 41 51 Avenue from Kipling to the Wheat Ridge Greenbelt through the Northwest Lakewood Sanitation property. The trail will be relocated to the open space proferty at approximately 42"d and Kipling , cross Clear Creek and tie into the current trailhead at 43~ and Miller.. The improvements associated with this project are intended to provide a more direct and simpler route for users of the Clear Creek Trail and to minimize exposure of trail users to vehicular traffic. The segment along 41 51 Avenue is difficult for typical trail users to navigate in its current configuration. The relocation of this segment will provide an off street trail configuration for the segment that currently exists on 41 51 Avenue. The new trail construction will total approximately one-half mile . Eight finns submitted team qualifications in response to the RFQ , and three finns were chosen for interviews . Icon Engineering was selected based on their experience and qualifications. C AF -Clear C reek Trail Relocation Contract Award June 9 , 2014 Pa ge 2 PRIOR ACTI ON : Funds for the project were approved in the 20 14 adopted budget in the Open Space Fund 32-601-800-872 . City Council also approved Resolution No. 40-2013 authorizing staff to submit grant app lications to Jefferson County Open Space and the State of Colorado Trails Grant program. FI NANCI A L IM PAC T: The budgeted appropriation for this project is $450,000. Included in this amount are design and construction document preparation fees . The project was awarded a matching grant from Jefferson County Open Space in the amount of $358 ,621 and the State of Colorado in the amount of 39 ,075. An additional budget amendment will be required upon construction contract award to appropriate grant revenues and expenditures. The not to exceed amount includes optional engineering services related to preparation of CLOMR (Conditional Letter of Map Revision) and LOMR (Letter of Map Revision) application for approval from FEMA for any modifications caused by construction in the flood plain . Design services costs total $58 ,329 , bidding services and construction observation services total $9 ,993.50, both of which are required for the project. An additional $18 ,349 will be funded by a second purchase order if the initial surveying and engineering calculations require CLOMR and/or LOMR services. It is the goal of the design team to design and construct the trail without any impact to the floodplain and therefore the project will not require a CLOMR or LOMR. BACKGRO UN D: The scope of this project is to relocate the segment of the Clear Creek Trail that is currently located on 41 st A venue, west of Kipling. The current trail travels to the west on a residential street and then through the orthwest Lakewood Sanitation D istrict property on a gravel road to the Wheat Ridge Greenbelt (city owned and managed open space). There is a license agreement currently in place with Northwest Sanitation District for use of their property for a trailhead , parking lot and trail. The trail on the sanitation district propetiy is a gra vel road with a steep grade. The relocation of this trail would ensure that the trai l remain contiguous on open space property in perpetuity. This project would move the above segment of the trail from the residential street and sanitation d istrict propetiy to the open space area to the north . Th is open space area was purchased with Jefferson Cou nty Bond funds and the city's attributable share of open space funds. RE C O MMEN D ATIONS : Staff recommends award of the contract for trail design and preparation of construction documents to ICON Engineering, Inc. CAF -Clear Creek Trail Relocation Contract Award June 9, 2014 Page 3 RECOMMENDED MOTION: "I move to award RFQ-JN-14-07 Clear Creek Trail Relocation 41 51 Avenue Segment West of Kipling Project to Icon Engineering, Inc. in an amount not-to-exceed $86,672, for trail design and preparation of construction documents." Or, "1 move to postpone indefinitely the award of RFQ-JN-14-07 Clear Creek Trail Relocation 41 st Avenue Segment West ofKipling Project to Icon Engineering, Inc. in an amount not-to-exceed $86,672 for trail design and preparation of construction documents , for the following reason(s) REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis , Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Negotiated Scope and Fee Proposal 2. Trail location map " ICON Engineering Team Preliminary Scope of Services Our proposed preliminary scope of services is presented in outline form on the following table . Note that we have subdivided the tasks into 6 major phases consisting of: 1. Pre-Design Tasks 2. Design Phase 3. FEMA CLOMR (If determined to be Required) 4 . Services During Bid Phase 5 . Construction Related Services 6 . FEMA LOMR (If Determined To Be Required) Many of these tasks are self-explanatory and require no further discussion . However , in order to fully understand the scope , we discuss several of the items in the following paragraphs . I. PRE DESIGN TASKS: Project Coordination and Meetings: One of the key components to completing the design on- time will be careful coordination with the City , Utility Owners , UDFCD , COOT , US Army Corp of Engineers , and our sub-consultants . We will include time in our proposal to attend a site visit w ith the City and progress meetings (typically every other week or as needed). We anticipate having a kickoff meeting immediately after notice to proceed. At the kick-off meeting we will be prepared to discuss alternative alignments . We will schedule this meeting so that we can visit the site with City personnel to view and discuss potential crossing locations . We will also include time in our proposal for general project coord ination with the City . Often times , between meetings , project issues will come up that need to be discussed and resolved in a timely manner in an effort to keep the project moving forward. We have found that forwarding drawings via email followed by telephone conversations is an effective way of communicating and resolving issues between meetings . Survey and Mapping: ICON has access to several different mapping efforts that we believe will be sufficient to complete an acceptable preliminary layout of the trail. Additional detailed survey will be needed in order to complete the final design . Mapping products that ICON has current access to include the original 2-foot contour mapping from the UDFCD FHAD and Master Plan completed by ICON , and the FEMA post 2013 flood LiDAR. ICON anticipates using existing mapping for this project that is in the process of being prepared by FEMA as a result of the 2013 flood event. Data for this mapping is based upon post-flood LiDAR. ICON has obtained the raw data for our use on other projects in areas where severe flood damage occurred and we have found it to be accurate enough for 1-ft contour mapping . As the study area was not damaged as much as other areas of the State , FEMA has not yet released the mapping for the subject area of Clear Creek , however, we have been informed that it will be available by mid-July . ICON anticipates supplementing this mapping with field surveys to complete needed hydraulic detail , allow rotation of County assessor plat maps onto the base mapping , and to tie down connection points to the existing trail system . The alternative analysis phase will be completed using existing mapping prepared from these data sources and our previous work along the channel. We plan to utilize these data bases in lieu of preparing new base mapping , in order to save time and money . Once we have an Attachment 1 agreed upon trail alignment , our surveyors will provide field surveys to provide final design detail. The critical features to be surveyed will include the channel invert and banks ; storm sewer outfalls ; other above ground utilities within the project site ; Kipling roadway grades , existing drainage features ; and trail tie in locations . We will include time in our proposal to survey the location and spot elevations of these critical existing features that will affect the design. Our base mapping will include existing features such as : base and intermediate contours ; trees larger than 6-inches in diameter, shrubs , and other vegetation ; fences ; curb , gutter and sidewalks ; limits of existing trails ; signs ; existing drainage facilities including inlets , manholes and pipes ; location of property lines and right-of-way ; location of water and sanitary sewers ; and dry utilities . We will schedule the field surveying immediately after the geotechnical test holes have been drilled so that the location of the test holes and any utility location paint can be included in the field survey . The surveyors will also obtain plat maps from the County and overlay that onto the base mapping . Enough property corners will be field located in order to allow proper rotation of the plat onto the mapping . If additional temporary construction easements are required to allow the trail to be built , we can prepare exhibits and legal descriptions as an additional service . Utility Investigations: This task includes contacting all of the utility companies to obtain new utility maps . The maps will be used to create an existing condit ions utility drawing . As is usually the case , many of the available utility maps are only conceptual in nature and only indicate the presence of utilities , but not a precise location . Therefore , our utility map will be sent to all of the utility companies requesting their review and asking them if they know of any proposed utilities that might be constructed in the limits of the project. Based on the utility company 's comments , we will finalize the utility drawings for use during the remainder of the project. II. DESIGN PHASE Design Development: This portion of the project will be aimed at determining the final general location of the trail. The goal here is to establish and or verify the alignment presented on the Feasibility Report prepared by San . Our approach to the alternatives analysis will be to start by defining the critical parameters with the City at the Kick-off meeting. We feel that this portion of the project can be accomplished in a short time frame . We will prepare a drawing that presents potential different trail alignments . The drawing will present major obstacles that must be overcome for each alternate alignment. The alternatives will be advanced to the point that conceptual retaining wall alignments can be determined so that relative qualitative comparisons can be made . A pros and cons matrix will be prepared along with recommendations as to the final alignment of the trail. We do not anticipate spending a great deal of time on this task but we believe that this quick exercise could end up saving the City money on the project. Floodplain Analysis : ICON will complete a floodplain analyses in support of the project design alternatives . A duplicate effective hydraulic model will initially be developed based upon the effective FEMA FIS which is taken from the ICON Engineering prepared FHAD . This model will be truncated to the project limits and updated in the vicinity of the bridge to reflect new survey information . The floodplain modeling will then be modified to reflect each proposed bridge alternative . Adjustments will be made to each alternative to best minimize , or eliminate , increases in the 1 00-year floodplain . Consideration will be given to City , FEMA , and State floodplain requirements . Floodplain modeling will only be completed for the 1 00 -year storm event. This analysis will be discussed with the City 's floodplain manager, and together we will decide if a CLOMR submittal is required . Due to the effective 1 00-year floodplain extending onto private property , it is imperative to do everything that we can such that the proposed bridge will not create a rise in the floodplain . We understand that most clients would prefer to avoid going through the CLOMR I LOMR process because of associated time and cost. For our past projects , the local floodplain manager for Clear Creek (in consultation with the UDFCD) has indicted that as long as the 100-year floodplain remains on government property , a CLOMR may not be required . However, if the crossing causes a rise in the floodway , a LOMR will be required after construction. As discussed in our interview , ICON has a few ideas on how this may be possible , but the hydraulic modeling will need to be carried out to fully explore the floodplain impacts . Duplicate effective and existing conditions hydraulic modeling will be completed for the project. All new modeling will be completed using HEC-RAS and integrated into a GIS environment. Water surface profiles will be developed for the 1 00 -year storm events and a floodway will also be defined based on a 0 .5 feet surcharge . Supplemental hydraulic calculations may be required to evaluate conduit capacity and shallow flooding areas . Topography for the hydraulic analysis will be based on new FEMA generated mapping supplemented with project survey data . Summary Letter Report : ICON will prepare a summary letter report to document project alternatives and the init ial floodplain analysis . Appropriate maps , figures , and tables will also be developed . Finally , a probable construction cost estimate will also be prepared for the recommended bridge plan . Design: Once the trail alignment and locations and type of br idge are selected , we will refine the layout of the trail and trail crossing. The final layout will be sent to the City for review and approval. At this time ICON will prepare detailed cross -sections of the structures and send these drawings to the Structural Engineer for use in the structural design. We will then continue to prepare the final design drawings and contract documents . Following is a brief description of the tasks to be completed during design . We anticipate that the trail and bridge will be fully ADA compliant. Construction Documents: Drawings and contract documents will be prepared and presented to the City at approximately the 60 % and 90% completion . Drawings will be prepared using AutoCADD 2013 Civil 3D . Specifications will be submitted both in hard and Word format. In general , the drawings will consist of: Cover Sheet: A Cover Sheet will be prepared that will contain the project title, a vic inity map , an index of sheets contained in the drawings , a legend for the mapping and design , appropriate signature blocks , and other miscellaneous information . Typical Trail Sections : We will prepare a drawing that presents the typical trail cross- sections. Each section w ill be labeled by trail stations similar to typical sections generally included on roadway drawings. General Information Sheet: ICON will prepare a General Information sheet that will include the project notes and other typical general information . Survey Control and Trail Geometry Sheets: We have included time in our proposal to prepare a drawing that presents the survey control used for mapping and design . This drawing will be used along with our trail geometry sheet by the Contractor and Surveyor to set construction stakes and layout the improvements in the field . Our trail geometry sheets will also include the information required to stake the bridge abutments , walls , and other structures . Construction access and staging: We intend to present construction access and staging on the trail plan and profiles. An access plan will be prepared to guide the Contractor in the location and manor of how to access the construction site . The access plan will be carefully coordinated with the City but will be conceptual in nature so as to allow the Contractor some flexibility as to how to approach access to the site. It will be stipulated that the final location of access to the site and any related issues must be approved of by the City prior to construction . It is important to determine access and staging issues early in the design process since temporary construction easements may be required . Trail Plan and Profile Sheets : Plan and profile sheets will be prepared at a scale of 1" = 20 '. At this scale the sheets will be legible when reduced to 11 " x 17" drawings . The plan and profile sheets will present the following information : ./ Plan view of the improvement ./ Existing and proposed grades ./ Existing and proposed 1 00-year floodplain ./ Proposed pedestrian bridge and other storm sewer crossings ./ Proposed walls and other structures ./ Design and reference notes ./ Design discharges Miscellaneous walls : The exact location and number of required walls will not be determined until the design has progressed. We have included time in our proposal to design alternative wall sections to include stacked boulders along the creek edge . Our design will include separate drawings that present the horizontal location of the wall along with an elevation view that details the elevations of the top of wall and top of footer. Our wall drawings will refer to the Structural Engineer's drawings where a wall section that is applicable to walls with heights varying from 2-ft to 4-ft tall will be presented. Along with this will be alternate handrail and guard rails if needed. Pedestrian Bridge: Separate drawings will be dedicated to presentation of the bridge , abutments, cross -sections , and details . These drawings will present detailed dimensions of the bridge , bridge abutments , piers , railings , deck , and trail approaches . Our drawings will be given to the structural engineer for use in completing the structural design . Consideration should be given to adding a concrete approach slab to the existing bridge abutment. Currently this is an asphalt trail section , but it is apparent that settlement has been an issue requiring grinding of the surface at the trail/bridge interface. A concrete approach slab may eliminate this maintenance issue . ICON will develop up to three alternatives for a new pedestrian bridge crossing . We anticipate that the new bridge will be a prefabricated "Big R" style , steel bridge with a 1 0' wide path . The bridge will tie into the proposed trail plan on the north side of Clear Creek . The different alternatives will be compared based on construction feasibility, estimated cost, and impacts to the Clear Creek floodplain. Following the City's input on the alternatives , a preliminary design drawing will be developed for the recommended bridge alternative. Structural Engineering and Construction Drawings for the prefabricated steel truss pedestrian bridge will be prepared . The deliverables will include a Bridge General Layout, defining location and geometric constraints, foundation details , and bridge technical specifications . The bridge foundations design will take into account all anticipated live loads, dead loads , thermal loads , and hydraulic loads , and will be in accordance with the AASHTO Guide Specifications for Pedestrian Bridges . A cost estimate will be prepared. Drainage Outfall Crossings : There are several drainage outfalls that convey stormwater into Clear Creek along the route of the proposed trail. Based on our drainageway Masterplan and our site visit , it appears that there are multiple locations where these drainage outfalls will need to be improved to drain under the trail. We will included time in our proposal to prepare plan and profile drawings at each of the outfalls to address lateral drainage issues . Miscellaneous Details : We anticipate that two sheets of miscellaneous details will be included in the set of design drawings . The details will include the following : ./ Parking lot layout and construction ./ Utility relocations (by others) ./ Railings ./ Curb, gutter and walk ./ Curb returns ./ ./ ./ ./ ./ space) ./ Cross-pans Curb Ramps Manholes Pipe outlets Miscellaneous site specific details Stripping and Sign age (both along w . 41st Avenue , Kipling and in the open Park and trail amenities Trail Cross-sections : Trail cross sections will be prepared at 50-ft to 100-ft intervals and at select locations as required to present the design to the Contractor. The cross sections will present the width of the trail , shoulder widths , embankment slopes , walls , curb and gutter, and limits of existing and proposed right-of-way . Erosion and Sediment Control: Plans will be prepared to meet the standard requirements of the City of Wheat Ridge. The plans will include vehicle tracking control mats , rock silt dikes , inlet protection , silt fence, concrete washout areas and other Best Management Practices, as required to mitigate erosion and movement of sediment off-site during construction . The plan will be accompanied by a detailed report so that the Contractor can obtain a SWMP permit from the Colorado Department of Health and Environment. Final Quantities and Opinion of Cost Estimates: Estimated quantities of the proposed improvements will be calculated and an opinion of probable cost of improvements will be prepared . Recommendations will be made concerning the improvements to be constructed under the base bid and possible bid alternatives . The final quantities will be tabulated and placed into a bid schedule format. We will include time in our proposal to prepare the initial estimate at the 60% competition level and then update the estimate for the 90% and 100% complete submittals . Contract Documents and Technical Specifications: At a point where the drawings are about 60 percent complete we will prepare an outline of the Contract Documents that will include City supplied boilerplate ; General Conditions ; Special Conditions ; and Technical Conditions . This outline will be prepared to serve as a guide in developing the final specifications during the final design . The outline will also be useful for the City to use as a checklist. The City 's boilerplate will be reviewed to make sure that there is no duplication between the City 's General Conditions and the Project Special Conditions . After the specification outline has been reviewed and accepted by the City , Technical Specifications and Project Special Conditions will be written for the project and included with the City 's boilerplate . One final hardcopy and one electronic copy of the Contract documents will be delivered to the City for review . In-house Review and Revisions: Prior to submitting the drawings and contract documents , we will undertake an extensive review that will be completed by an engineer not previously familiar with the project. We have found that this method of review will usually uncover any issues with the drawings and contract documents that are either missing or unclear. Based on this review we will make modifications to the drawings and contact documents and prepare them for submittal. Plot and Submit Drawings for Initial Review: Five sets of Drawings and Contract Documents will be delivered by hand and presented to the City for Review at the 60% and 90% complete level. Review of Client Comments and Associated Revisions: After comments are received from the City , the comments will be reviewed and a meeting will be held to discuss the comments and resolution . Final Submittal: Comments from the City will be addressed on the Drawings and in the Contract Documents . One set of signed sealed drawings will be submitted to the City along with the original mylars . Final hard copies and electronic copies will also be delivered to the City . Ill . FEMA CLOMR (IF DETERMINED TO BE REQUIRED): Work items included in this task will be to assemble the full documentation required in order to gain FEMA and UDFCD acceptance of the CLOMR analysis. Technical data for the CLOMR will be completed in accordance with the FEMA Guidelines and Specifications for Flood Hazard Mapping Partners , and the data generated will be presented in a seamless projection with respect to the Jefferson County DFIRM . ICON will reference the UDFCD Digital CLOMC Guidelines . The following data will be generated and included in the CLOMR submittal Report : • Required FEMA Forms and Structure Documentation • LOMR Submittal Report for H&H Analyses • Annotated FIRM Panels displaying the changes to the effective FEMA Information • Floodplain Workmaps at an appropriate scale for review • Revised FIS Profiles • Updated Floodway Data Tables • GIS Database of the Revisions • Supplemental hydrologic/hydraulic computations • Digital and Hardcopy Versions for all modeling • All other data required to complete a CLOMR revision Fees for the CLOMR, payable to the National Flood Insurance Program , will be paid for directly by the City of Wheat Ridge, outside of this scope of services . IV. BID PHASE Services during this phase will include attending the pre -bid conference ; providing assistance with preparing a Bid Addendum (if required), and completing a review of bids received by the City . We assume that the City will be responsible for distributing sets of bid documents and drawings to contractors as needed . V. CONSTRUCTION SERVICES Included in our scope of services is attending one preconstruction meeting ; providing periodic site visits during critical construction elements (note : full time construction observation is available but not anticipated); reviewing submittals and responding to RFI 's . We have included time for preparation of Record Drawings , but have assumed that they will be based upon the construction contractor 's records of changes , and that the surveyor responsible for the construction layout will complete and stamp the needed survey documents . Note that we have assumed that any needed materials testing will be provided by an independent testing agency under contract with the construction contractor. VI. FEMA LOMR Our Scope of Services assumes that the LOMR will be made based upon a submitted CLOMR and that the construction will correspond identically to the hydraulic analysis completed as a part of the CLOMR . Accordingly , the FEMA MT2 forms will be prepared for the LOMR , and we will confirm that the CLOMR revised profiles and FWDT are still appropriate. New floodplain and floodway notifications will need to be prepared and the LOMR documentation report prepared for submittal to the UDFCD and FEMA. Fees for the LOMR, payable to the National Flood Insurance Program, will be paid for directly by the City of Wheat Ridge, outside of this scope of services. FEE PROPOSAL: Clear Creek Trail Relocation EXHIBIT A CLEAR CREEK TRAIL RELOCATION J[ <C(Q)N PROJECT: 41st Avenue Segment FRQ-JN-14-07 ENGINEERING , INC . CLIENT: Wheat Ridge Parks and Recreation Department ICON Engineering, Inc. Sub-Consultants I IAREDBY: RPG Principal Professional Professional Professional Engineer Eng ineer Field GIS Adm in ICON Misc. ICON San OHM ICON Sub CHECKED BY: MJU Eng ineer Ill Engineer II Eng ineer I Ill I Representative CADD Direct Total Eng ineering Design Surveying Consultant DATE: 6-2-14 $163 $152 $142 $130 $113 $87 $98 $88 $62 Costs Services Inc . JV Total GRAND Description Hours Hours Hours Hours Hours Hours Hours Hours Hours TOTALS 1. Pre Design Tasks A. Project Kick-Off Meeting 1.0 2 .0 $25 $492 so $492 B . Progress Meetings (3 assumed) 3 .0 6 .0 $75 S1,476 so S1,476 C. Site Visit 2 .0 2 .0 S588 so S588 D. Base Map Preparation (Use FEMA 2013 LIDAR) 1.0 4 .0 $494 so $494 E. Utility Investigations so so so 1. Gather Utility Maps 1 .0 2 .0 S318 so S318 2. Add Utilities in Base Map 4 .0 S352 so S352 3. Coordination with Utility Companies 3.0 2 .0 S385 so S385 4 . Potholes (None Assumed) so so so F. Field Surveying so so $0 1. Establish Field Control 0 .5 $76 $600 $600 $676 2. Field Surveying to Locate Existing Features 1.0 $130 $3 ,000 $3,000 $3,130 3. Property I Right-of-way Drawing (assume not required) $0 $0 $0 4. Update Base Mapping 6 .0 $528 $600 $600 $1,128 G. Geotechnical Report (Provided By City) $0 $0 $0 H. Environmental Permitting (Provided By City if Needed) $0 $0 $0 I. Coordinate With Stakeholders (COOT, XCEL , NWLSD & Others) 4 .0 2 .0 4 .0 S1,076 $0 $1,076 $0 $0 $0 $0 so $0 Pre-Design Total Hours 4 .0 10.5 8 .0 3 .0 0 .0 3 .0 0 .0 16.0 6 .0 Pre-Design Total Fees $652 $1 ,596 $1 ,136 $390 $0 $261 $0 $1 ,408 $372 $100 $5,915 $0 $0 $4 ,200 $0 $4,200 $10,115 I;"' 'sign Phase ~ Jesign Development $0 $0 $0 1. Develop Trail Alternative Layout (3 Plans) 1.5 4 .0 8 .0 10.0 2 .0 $3,035 $0 $3,035 2. Develop Bridge Alternative Layout (2 Locations) 1.0 4 .0 8.0 16.0 2 .0 $3,475 $2 ,000 S2,000 $5,475 3. Preliminary Floodplain Analysis (100-Year Only) $0 $0 $0 a. Duplicate Effective Model 2 .0 4 .0 S756 $0 $756 b. Floodplain Modeling For Alternatives 1.0 4 .0 20 .0 2 .0 $3,547 $0 $3,547 4 . Landscape Design Services, As Needed $0 $2 ,500 $2,500 $2,500 B. Final Design $0 so $0 1. Trail 1.0 4 .0 8 .0 5.0 1.0 $2,089 so $2,089 2 Bridge 4 .0 4 .0 S972 $3,425 S3.425 $4,397 a. Contract Drawings 1.0 8 .0 16.0 12.0 1.0 $4,769 so $4,769 b. Bid Schedule 1.0 1.0 S214 so $214 c. Project Special Provisions 2 .0 8 .0 12 .0 4 .0 $20 S3,514 so S3,514 d. Standard Special Provisions (Index Only) 0 .5 1.0 1.0 S296 so S296 3. COOT Coordination 2 .0 8 .0 4 .0 3 .0 $20 S2,278 so $2,278 4. XCEL Coordination 4 .0 2.0 S834 so S834 5. Storm Sewer Outfall Plan and Profile (1 sheet at 1" = 20') 0 .5 1.0 2 .0 4 .0 S870 so S870 6. Stacked Boulder I Riprap Detail Sheet 0 .5 1.0 4 .0 2.0 S930 so S930 7. Erosion and Sediment Control Drawings so so so a. Cover Sheet 1.0 1.0 S255 so $255 b . General Notes 1.0 2 .0 S368 so S368 c. Seed Mix and Seed Mix Notes 1 .0 S88 so $88 d. Plan Sheets (3 sheets Req'd) 1.0 3 .0 18.0 6 .0 S3,151 so S3,151 e. Standard Details 4 .0 $452 so $452 f. SWMP Report 1 .0 8 .0 4 .0 1.0 $1,813 so $1,813 Civil Details $0 so $0 Standard City Details 0.5 1.0 2 .0 S382 so $382 1-b . Standard COOT Details 0 .5 1.0 2 .0 $382 $0 $382 c . Quantity Estimates 1.0 6 .0 $841 $0 $841 6/4/20 14 10:18 AM J:\Co un cil Acti on Fo rms\2 0 14 Cou ncil Act io n Fo rms \1 40609\1 40609 Attach Clea r Creek Trial ICON Spreads heet LG .xls x 1 of 3 FEE PROPOSAL: Clear Creek Trail Relocation EXHIBIT A CLEAR CREEK TRAIL RELOCATION J[<C(Q)N p · lECT: 41st Avenue Segment FRQ-JN-14--07 ENGINEERING. INC . ~ n: Wheat Ridge Parks and Recreation Department ICON Engineering, Inc. Sub-Consultants PREPARED BY: RPG Principal Professional Professional Professional Engineer Engineer Field GIS Admin ICON Misc . ICON San OHM ICON Sub CHECKED BY: MJU Engineer Ill Engineer II Engineer I Ill I Representative CADD Direct Total Engineering Design Surveying Consultant DATE: 6-2-14 $163 $152 $142 $130 $113 $87 $98 $88 $62 Costs Services Inc . JV Total GRAND Description Hours Hours Hours Hours Hours Hours Hours Hours Hours TOTALS d. Construction Cost Estimate 1.0 2 .0 4.0 $919 $0 $919 e. Signage and Str!J:»ing Plans 4 .0 $520 $0 $520 D. Phase Design Submittal $0 $0 $0 1. 3 hard copies (draft drawings I sketches) 0 .5 1.0 4.0 1.0 $15 $663 $0 $663 2. Electronic Copy (PDF drawingsJ 1.0 2.0 $378 $0 $378 3. 3 hard copies (Contract Document~ 0 .5 2 .0 $35 $235 $0 $235 4. Electronic Copy (PDF Contract Document~ 0.5 2 .0 $302 $0 $302 5. Reviews and Revisions 8 8 2 $1,964 $0 $1,964 Design Phase Total Hours 15 .5 52 .0 67 .0 38 .0 65 .0 26 .0 0 .0 55 .0 14 .0 Design Phase Total Fees Ill. FEMA CLOMR (If Determined To Be Re_q'd) $2 ,527 $7 ,904 $9,514 $4 ,940 $7,345 $2,262 $0 $4 ,840 $868 $90 $40,290 $5,425 $2,500 $0 $0 $7,925 $48,215 c. FEMACLOMR $0 $0 $0 1 FEMA MT2 Forms 4 .0 $520 $0 $520 2 Annotated FIRM I Exhibits 4 .0 8.0 $1,224 $0 $1,224 3 Revised Profiles 8 .0 4 .0 S1,388 $0 $1,388 4 Revised FWDT 2 .0 $260 $0 $260 5 Agreement Tables 6 .0 S522 $0 $522 6 Floodplain & Floodway Notifications 1.0 3 .0 6 .0 $1,060 $0 $1,060 7 Draft CLOMR Documentation R4!J)Ort 4 .0 12 .0 6 .0 4 .0 $50 $2,954 so $2,954 8 Final CLOMR Documentation R~ort 1.0 8 .0 2 .0 2 .0 $50 $1,532 $0 $1,532 I- Address Review Comments From FEMA I UDFCD 1.0 10 .0 $25 $1,467 $0 $1,467 Return To Pre-Flood Conditions Design Phase Total Hours 0 .0 0.0 7.0 51 .0 0 .0 10 .0 0 .0 22 .0 6.0 IV. Bid Phase Return To Pre-Flood Conditions Design Phase Total Fees $0 $0 $994 $6,630 $0 $870 $0 $1,936 $372 $125 $10,927 $0 $0 $0 $0 $0 $10,927 A. Pre-Bid Conference 3 .0 4.5 2 .0 $40 $1,337 $0 $1,337 B. Assistance with Bid Addendum 1 .0 4.0 1.0 $833 $0 $833 C. Review of Bids 0.5 1.0 1.0 $296 so $296 Bid Phase Total Hours 4 .5 9.5 0.0 0 .0 0 .0 0 .0 0 .0 0 .0 4 .0 Bid Phase Total Fees $734 $1,444 $0 V. Construction Services $0 $0 $0 $0 $0 $248 $40 S2,466 $0 $0 $0 $0 so $2,466 A. Preconstruction Meeting 4 .0 $568 $0 $568 B. Periodic Site Visits (assume 40 hours total inspection) 40 .0 $300 $4,220 so $4,220 C. Submittal Review 8.0 $1,136 $400 $400 $1,536 D. Respond to RFis (assume 3) 6 .0 S852 $852 E. Record Drawinas (Surveys by Contractor} 4.0 $352 $0 $352 Construction Services Phase 1Total Hours 0 .0 0 .0 18.0 0 .0 0 .0 0 .0 40 .0 4 .0 0 .0 Construction Services Phase 1 Total Fees $0 $0 $2,556 VI. FEMA LOMR -Based ON CLOMR (If Determined To Be Required) $0 $0 $0 $3 ,920 $352 $0 $300 $7,128 $400 $0 $0 $0 $400 $7,528 1 FEMA MT2 Forms 4 .0 S520 so $520 2 Annotated FIRM I Exhibits 1.0 $130 $0 $130 3 Revised Profiles 1 .0 $130 so $130 4 Revised FWDT 1.0 S130 $0 $130 5 Floodplain & Floodway Notifications 1.0 3.0 6 .0 $1,060 $0 $1,060 6 Draft LOMR Documentation Report 4.0 12 .0 2.0 2 .0 $50 $2478 $0 $2,478 7 FinallOMR Documentation Report 1.0 8 .0 2 .0 2 .0 $50 $1,532 $0 $1,532 8 Address Review Comments From FEMA I UDFCD 1.0 10 .0 $1,442 $0 $1,442 Post Construction Total Hours 0 .0 0 .0 7.0 40 .0 0 .0 0 .0 0 .0 10.0 4.0 Post Construction Services Total Fees $0 $0 $994 $5 ,200 $0 $0 $0 $880 $248 $100 $7,422 $0 $0 $0 $0 $0 $7,422 TOTAL HOURS 24 72 107 132 65 39 40 107 34 TOTAL COST $3,912 $10,944 $15,194 $17,160 $7,345 $3,393 $3,920 $9,416 $2,108 $755 $74,147 $5,425 $2,500 $4,200 $0 $12,125 $86,672 61412014 10 :21 AM J :\Council Acti on Forms\2014 Council Action Forms\140609\140609 Attach Clear Creek Trial ICON Spreadsheet LG .xlsx 2 of 3 FEE PROPOSAL: Clear Creek Trail Relocation r-')JECT: 41st Avenue Segment FRQ-JN-14-07 .NT: Wheat Ridge Parks and Recreation Department PREPARED BY: RPG CHECKED BY: MJU DATE: 6-2-14 Description Notes: 4 4 I NWP Is Obtained B Assumes 0 y Ctty Assumes Geotech & Materials Testing Provided By City Assumes Review Fees Payable To FEMA Paid By City 6/4/2014 10 :21 AM EXHIBIT A CLEAR CREEK TRAIL RELOCATION ICON Engineering, Inc. Principal Professional Professional Professional Engineer Engineer Field GIS Admin ICON Misc . Engineer Ill Engineer II Engineer I Ill I Representative CADD Direct $163 $152 $142 $130 $113 $87 $98 $88 $62 Costs Hours Hours Hours Hours Hours Hours Hours Hours Hours FEE SUMMARY $10,115 .00 $48,214 .50 Subtotal $58,329.50 0 tional Services Ill. CLOMR $10,927.00 IV Bid Phase $2,465 .50 V. Construction Services $7,528 .00 Vi FEMA LOMR $7,422 .00 Subtotal $28,342.50 Grand Total $86,672.00 J :\Council Act ion Forms\2014 Council Action Forms\140609\140609 Attach Clear Creek Trial ICON Spreadsheet LG .xlsx J[<C<Q)N ENGINEERING, INC Sub-Consultants ICON San OHM ICON Sub Total Engineering Design Surveying Consultant Services Inc. JV Total GRAND TOTALS $86,672 $74 ,147 3 of 3 -PROPOSED O.EAA Cll££l( 1lWl c::J PROPOSED TRAil HEAD (f\ITURE PHASE ) + ;, e e C:---[!i] AAEA NUMBER Attachment 2 ~·~ ~"" , ., City of • JP"'WheatRi_dge ITEM NO:~ DATE: June 9 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO MIRACLE RECREATION EQUIPMENT COMPANY IN THE AMOUNT OF $99,000 FOR THE PURCHASE AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT IN PROSPECT PARK D PUBLIC HEARING C8:] BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The playground equipment located on the west side of Prospect Park is in need of replacement. The playground , installed in 1996 , will be updated to reflect current trends in play structures and meet the 2010 ADA Standards for Accessible Design. New , engineered wood fiber and poured- in place safety surfacing will also be installed. The selected playground equipment from Miracle Recreation Equipment Company is available through National Joint Powers Alliance (NJPA), a national governmental cooperative procuring service. Miracle recreation products are available only through the regional representative Churchich Recreation , LLC , in Niwot, CO. PRIOR ACTION: Funds for the project were approved in the 2014 adopted budget in the Conservation Trust Fund. FINANCIAL IMPACT: The budgeted amount for the playground project is $100,000. Included in this amount is the purchase of the playground equipment , demolition ofthe existing equipment , and installation of the new equipment. Council Action Form -Prospect Park Playground Equipment June 9 , 2014 Page 2 BACKGROUND: The City's nationally certified playground inspector has inspected the existing playground equipment on a regular basis following the guidelines of the Consumer Product Safety Commission (CPSC). RECOMMENDATIONS: Staff recommends replacement of the playground equipment on the west side ofProspect Park due to the high level of use, age of the equipment and current frequency of the maintenance required. RECOMMENDED MOTION: "I move to approve payment to Miracle Recreation Equipment Co. in the amount of $99 ,000 for the purchase and installation of new playground equipment in Prospect Park ." Or, "I move to postpone indefinitely payment to Miracle Recreation Equipment Co. in the amount of $99,000 for the purchase and installation of new playground equipment in Prospect Park for the following reason(s) " REPORT PREPARED/REVIEWED BY: Mark Ruote, Park Project Coordinator Rick Murray, Parks, Forestry and Open Space Supervisor Joyce Manwaring, Director of Parks and Recreation Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: I . Miracle contract quotation 2. Prospect Park west area playground site plan 3. Prospect Park west area playground rendering Miracle. Quotation 8445 SOLUTION CENTER CHICAGO IL 60677-8004 Tel: (303) 530-4414 Fax: (303) 530-9239 Date 5/8/2014 Estimate# 8220 Bill To Address: Ship To Address: City of Wheat Ridge City of Wheat Ridge 9110 W. 44th Avenue Wheat Ridge, CO 80033 9 11 0 W 44th Avenue Wheat Ridge, CO 8 0033 Project Item Excavate DEMO & DISP .. . DEMO & DISP .. . 714 -000-C 7147354 2990 2840 304 4561 6063 9451 9452 9461 944 DISCOUNT DISCOUNT M-Fre ight lnstaiiPG GSEWF Sump Pit Prospect Pork Description PROSPECT PARK OPTION # 1 REVISION 2 SITE PREP & DEMO EXCAVATION OF AREA Rep cc DEMO & DISPOSE OF EXISTING EQUIPMENT -concrete & pip DEMO & DISPOSE OF EXISTING EQUIPMENT SUBTOTAL OF EQUIPMENT LISTED ABOVE MIRACLE : KIDS ' CHOICE CUSTOM PLAY STRUCTURE MIRACLE 5" OD SINGLE POST SWING FRAME ONLY (4 SEATS) MIRACLE : SWG PART TOT SEAT 360 DEG W/CHAIN MIRACLE : SWG PART SLASH PROOF SEAT W/CHAIN (8 ' TR) MIRACLE : TEN SPIN MIRACLE : TARANTULA CLIMBER MIRACLE: REFLEX MIRACLE : SADDLE SEAT , ANG LED POST MIRACLE SADDLE SEAT-STRAIGHT POST MIRACLE : SURFER MIRACLE JUMPING BEAN SUBTOTAL OF EQUIPMENT LISTED ABOVE NJPA DISCOUNT : CONTRACT #022113-LTS REP ADDIT IONAL DISCOUNT MIRACLE FREIGHT SUBTOTAL OF EQUIPMENT LISTED ABOVE INSTALL PLAYGROUND EQUIPMENT SUBTOTAL OF EQUIPMENT LISTED ABOVE ENGINEERED WOOD FIBER; BLOWN INSTALLATION INSTALL 3EA. 4' x 4' x 6' ROCK FILLED DRY SUMP DRAINAGE PIT & 2" OF GRAVEL DRAINAGE RECYCLED FROM EXISTING GRAVEL Page 1 Attachment 1 Terms Net30 Qty Unit Cost 1 7,829 .00 375 1.96 1 3 ,360 .00 1 40,794.00 1 1,658 .00 2 156 .00 2 101.00 1 2,755 .00 1 2 ,722 .00 1 7,110 .00 1 569 .00 1 569.00 1 552 .00 1 857 .00 1 -1 1 ,620.00 1 -338 .00 1 3,247 .00 1 14 ,315 .00 220 32.20 1 1,344 .00 Sales Tax (0.0%) Total E.O. # FOB Jobsite Total 7,829 .00 735 .00 3,360 .00 11,924 .00 40,794 .00 1,658 .00 312 .00 202 .00 2,755.00 2,722 .00 7,110 .00 569 .00 569 .00 552 .00 857 .00 58 ,100.00 -11 ,620 .00 -338.00 3,247 .00 -8,711.00 14,315 .00 14 ,315 .00 7,084 .00 1,344 .00 Miracle. Quotation 8445 SOLUTION CENTER CHICAGO IL 60677-8004 Tel: (303) 530-4414 Fax: (303) 530 -9239 Bill To Address: City of Wheat Ridge 9110 W. 44th Avenue Wheat Ridge, CO 80033 Project Prospect Pork Item Description Date Estimate# 5/8/2014 Ship To Address: City of Wheat Ridge 91 1 0 W 44th Avenue Wheat Ridge, CO 80033 8220 Rep Terms cc Net 30 Qty Unit Cost TYPAR-1 08 "/300 ' BOWMAN: TYPAR GEOTEXTILE WEED BARRIER FABRIC -3 417 .33333 1 08 "/300 '-PRICE PER ROLL PLAYBOUND PIP SURFACE AMERICA: PLAYBOUND POURED IN PLACE 600 15.63667 SURFACING SYSTEM 50% BLACK/50% COLOR EPDM Concrete INSTALL CONCRETE PAD 592 7.28041 SUBTOTAL OF EQUIPMENT LISTED ABOVE Sales Tax (0.0%) E.O. # FOB Jobs ite Total 1,252 .00 9,382 .00 4 ,310 .00 23 ,372 .00 $0.00 Total $99,000.00 Page2 • 5-12 PLAY AREA Elf\/ A TID P\AY ACTMTES -TOTAL 1 Elf\/AmJ P\AY AC1MTES ACC£SSIIIlE BY TRAHSF£R l:: REOO ELEVA TID P\AY ACTMTES ACC£SSIIIlE BY RN6' _g_ REOO GROIHl LEVEL ACTMTY TYPE _L REOO GROlHl LEVEL ACTMTY llUAHTlTY 11 REOO ~~ ~a ~~ g .L ~ ~ Il l • {I! ~ ·1 ==~ ... ~~ 0 ·~ CQ I o -a..l -~ IN ., c • E .c u El =: I! ® I -z 0 ~ Q., 0 Q ~~~;=~J=[=/=f?2S====~L=/~t-f~==============~~~----------------------------------- <~ ~ 0 0 =: u c.') > ~ < c.') ....J Q Miracle AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS . I v" COMPLIES TO ADA I H. HEASLEY THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA v" COMPLIES TO CPSC DATE: 02.17.14 CERTIFIED . THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487 . v" COMPLIES TO ASTM SCALE : N.T.S . Q., ~ ~ f-=: < < "lilil Q., =:c f-~~ u Q[il;. lilil ~0 Q., rJ:J :: .... "0 =a: "''f-QQ., =-CI.U Attachment 3 ,.~A~ -_ r City of • JP'Wheat:Ri_dge ITEMNO:_i_ DATE: June 9, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2014 -A RESOLUTION CONFIRMING THE CITY'S COMMITMENT TO ENCOURAGE HEAL THY OPPORTUNITIES AND CHOICES FOR MEMBERS OF THE COMMUNITY AND PROVIDING SUPPORT OF LIVEWELL COLORADO'S HEALTHY EATING ACTIVE LIVING (HEAL) CITIES AND TOWNS CAMPAIGN D PUBLIC HEARING D BIDS/MOTIONS IZl RESOLUTIONS QUASI-JUDICIAL: City Manager ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES IZl NO The Healthy Eating Active Living (HEAL) Cities and Towns Campaign of Colorado is a partnership between LiveWell Colorado and the Colorado Municipal League (CML). The Campaign provides training and technical assistance to help city officials adopt policies that improve access to physical activity and healthy food. The campaign is funded through a grant from the Colorado Department of Public Health and Environment's Cancer, Cardiovascular Disease and Pulmonary Disease Grant Program and supported by Kaiser Pennanente. The Campaign focuses on three policy areas : 1. Active Community -Policies concerning land use , plruming, zoning, infrastructure development, etc. 2. Healthy Food Access -Policies regarding farmers ' markets , urban agriculture , ways to attract healthy food vendors and more 3. Healthy Workplace -Policies that increase opportunities for physical activity and healthy eating for municipal employees CAF-HEAL June 9 , 2014 Page 2 To join the Campaign, the City must adopt a resolution which outlines the focus of the City's policy areas in regard to healthy eating and active living. F INAN CI AL IM PACT : There is no direct financial impact in adopting th is resolution. BAC KGRO UN D: LiveWell Wheat Ridge and Jefferson County Public Health have partnered with the City for nine years under a Community Investment Grant to develop and advocate policies and projects that support a healthy food system and a more bicycle/pedestrian-friendly community. In 2009 City Council adopted its Comprehensive Plan Envision Wheat Ridge , which identified goals, priorities and strategies to support access to healthy foods and opportunities for physical activity, and the City 's 2025 Vision includes "Vibrant Activity Centers and Multi-Modal Transportation and Wheat Ridge Residents Enjoy an Active, Healthy Lifestyle," as goals . Representatives from LiveWell Wheat Ridge, Jefferson County Public Health and HEAL Cities and Towns campaign made a presentation to Council at the June 2 Study Ses sion , and staff presented a draft resolution asking Council to confi1m the City's commitment to continue providing healthy opportunities for the community and to supporting the HEAL campaign by approving the resolution . R EC OMMEN DAT IO N S: Staff recommends approval of Resolution No . 35-2014 . RECO MMEN D ED M OTIO N : I move to approve Resolution No . 35-2014, a resolution confirming the City 's commitment to encourage healthy opportunities and choices for members of the community and support of LiveWell Colorado 's Healthy Eating Active Living (HEAL) Cities and Towns campaign." Or, I move to postpone indefinitely the approval of Resolution No. 35-2014, a resolution confinning the City's commitment to encourage healthy opportunities and choices for members of the community and support ofLiveWell Colorado's Healthy Eating Active Living (HEAL) Cities and Towns campaign for the following reason(s) " REPORT PR EPARE D/REVJE\VE D BY : Pahick Goff, City Manager ATTAC H MENTS : 1. Resolution No. 35-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2014 TITLE: A RESOLUTION CONFIRMING THE CITY'S COMMITMENT TO ENCOURAGE HEAL THY OPPORTUNITIES AND CHOICES FOR MEMBERS OF THE COMMUNITY AND SUPPORT OF LIVEWELL COLORADO'S HEAL THY EATING ACTIVE LIVING (HEAL) CITIES AND TOWNS CAMPAIGN WHEREAS, in light of statistics showing that increasing the number of transportation, active lifestyle, and healthy eating choices contributes positively to the citizenry, the City Council continues to support policies, projects and programs that facilitate wellness; and WHEREAS, obesity has been identified by the Colorado Department of Health and Environment as one of ten winnable health related battles in Colorado; and WHEREAS, the annual cost to Colorado in medical bills, workers compensation and lost productivity due to obesity and physical inactivity exceeds $1.6 billion; and WHEREAS, Wheat Ridge Vision 2025 includes: "Vibrant Activity Centers and Multi-Modal Transportation and Wheat Ridge Residents Enjoy an Active, Healthy Lifestyle"; and WHEREAS, LiveWell Wheat Ridge and Jefferson County Public Health have partnered with the City for nine years under a Community Investment Grant to develop and advocate for policies and projects that support a healthy food system and a more bicycle/pedestrian-friendly community; and WHEREAS, in 2009 City Council adopted its Comprehensive Plan "Envision Wheat Ridge" which identifies goals, priorities and strategies to support access to healthy foods and opportunities for physical activity; and WHEREAS, the City Council is committed to assuring that members of our community have access to open space, trails, parks and opportunities for both indoor and outdoor recreation; and WHEREAS, in 2010 the City Council adopted a Mixed Use Zoning Ordinance to support dense, compact and walkable development; and WHEREAS, in 2010 City Council adopted The Bicycle and Pedestrian Master Plan to promote safe, healthy and sustainable transportation options as well as strengthen regional connectivity; and WHEREAS, in 2011, the City implemented zoning designations that support local agriculture by allowing community gardens, farmer's markets, and produce stands and Attachment 1 the City owns and operates a community gardening program to provide access to fresh and healthy foods to the local community; and WHEREAS, the City has demonstrated its commitment to increasing opportunities for physical activity in the past three years by funding two new parks, Wadsworth Boulevard and Kipling Street Multi-Use Trails , Pierce Street Bike Facilities and the Wadsworth PEL Study; and WHEREAS, the City, Jefferson County Public Health , LiveWell Colorado and Lutheran Medical Center will partner together to promote a healthy community through policy collaboration , education and programming; and WHEREAS, The City has established a Wellness Committee and program for employees that includes wellness education and incentives for healthy living. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows: Section 1. The City Council will foster a built environment that encourages walking , biking and other forms of physical activity . Section 2 . The City Council will expand community access to indoor and outdoor public facilities through joint use agreements with schools and/or other partners . Section 3 . The City Council will include healthy goals and policies related to healthy and active living in appropriate community planning documents . Section 4 . The City Council will support the expansion of healthy food retailers, community gardens or farms , and farmer's markets in underserved communities to increase access to healthy foods. Section 5. The City Council supports the LiveWell Colorado Healthy Eating Active Living Cities and Towns Campaign . DONE AND RESOLVED this __ day of ______ , 2014. Joyce Jay , Mayor ATTEST: Janelle Shaver, City Clerk