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HomeMy WebLinkAboutCity Council Agenda Packet 06/23/20146:45pm -Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 23, 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 ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF June 9, 2014 PROCLAMATIONS AND CEREMONIES Citizen Awards presented by Mayor and Council Presentation from Kullerstrand Elementary to School Resource Officers CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARING AND ORDINANCES ON SECOND READING .1 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 CITY COUNCIL AGENDA: June 23, 2014 Page -2- PUBLIC HEARING AND ORDINANCES ON SECOND READING con't 2 . 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 ORDINANCES ON FIRST READING ~ Council Bill No . 08-2014-amending the Wheat Ridge Code of Laws concerning the keeping of Dwarf Goats DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 36-2014-approving Hopper Hollow Park as the name for the new park located at 44th Ave . and Kendall St. §., Motion to approve payment to Kendra Fleischman in the amount of $29 ,000 for the purchase of TRUTH , a bronze sculpture for the new park at 44th Avenue and Kendall St. 6. Resolution 37-2014-amending the Fiscal Year 2014 Capital Investment Program Budget to reflect the approval of a Supplemental Budget appropriation in the amount of $37 ,000 for the Pierce Street Bicycle Facilities Improvements L Motion to award ITB-14-13 , 2014 Overlay Project Base Bid and Bid Alternates 1, 4 and 5 , to Martin Marietta Materials , Westminster, CO, in the amount of $1,120,836 .1 0 . with a contingency amount of $50 ,000 and authorization for the Director of Public Works to issue Change Orders up to a total contract and contingency amount of $1 ,170,836 .10 8 . Resolution 38-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the purpose of sponsoring the 2014 Wheat Ridge High School Farmers 5000 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 9, 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. ROLLCALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Absent: Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Division Chief, Joe Cassa; Community Development Director, Ken Johnstone; Parks Director, Joyce Manwaring; and interested citizens. APPROVAL OF MINUTES OF May 12.2014 Motion by Councilmember Starker to approve the minutes of May 12, 2014; seconded by Councilmember Pond; carried 7-0. PROCLAMATIONS AND CEREMONIES Brake for Bela Mayor Jay read a proclamation recognizing the "Brake for Bela" Summer Safety Campaign from June 1 -August 3. All citizens are encouraged to practice safe driving techniques and be mindful of pedestrians this summer-especially children. Bela Estes and her mother were in attendance to receive the proclamation. Mrs. Estes thanked the Council for its support and addressed safe driving practices and safe playing habits. Bela, who was hit by a car in 2009, thanked Wheat Ridge for supporting her campaign. CITIZENS' RIGHT TO SPEAK Tara Jahn (WR) thanked councilmembers who came to the first Friday Night Live event. The other one will be August 1. -She also announced the Family Yoga in the Park this Saturday from 9:30 -10:30 and the Cruiser Crawl (6/19 at 6:30pm) at Right Coast Pizza, W 29th and WR Lanes. -She is super excited to see Council support for the HEAL Cities and Towns Campaign. Albert Hohl (WR) lives near the development at 39 1h and Fenton. He went to the Planning Commission hearing and not one resident supported it. At that meeting he spoke to the representative for Urban Green [the development] about the plan to make City Council Minutes June 9 , 2014 Page 2 39th Place a through street into the development. The representative said if the engineers find the least amount of resistance they will not make 39th Place a through street. Mr. Hohl believes that 39th Place is too narrow to become a through street and that Fenton is a better exit option . .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 . [The current system, last replaced in 2005, will be upgraded with funds from the PEG (Public Education Government) fees that viewers pay.] ~ 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 [The Police Seizure Fund unexpectedly received $7 4, 700 in February from the West Metro Drug Task Force . This $18,500 will be spent on Police equipment; Council approval is necessary.] 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 [JAG grant money will be used for night vision equipment and to enhance the Boyd's Crossing Community Policing Program .] ~ Motion to cancel the study session 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 [The April installment (1 00%) of the sales tax increment share back to Urban Renewal. This 1981 arrangement sunsets in December, 2014 .] f . 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 [Restores a budgeted position that was eliminated in 2002 budget cuts .) Councilmember Urban introduced the consent agenda. Motion by Councilmember Urban to approve the consent agenda ; seconded by Councilmember DiTullio; carried 7-0 PUBLIC HEARING AND ORDINANCES ON SECOND READING City Council Minutes June 9, 2014 Page 3 2 . 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) Councilmember Fitzgerald introduced Council Bill No. 04-2014. This action would allow the additional use of marijuana research and testing at an existing research and testing facility that has operated here for eight years. Mayor Jay opened the public hearing . Mayor Jay swore in Ken Johnstone for the staff report. Mr. Johnstone explained this is a straightforward application which proposes no physical changes for the site, but requests approval of the additional use (marijuana testing). It does not allow for any retail sales, cultivation or manufacturing. The Planning Commission approved this request. Council Questions • Councilmember Urban asked if the scope of research and testing would include any ingesting. -No, and testing parameters are governed by the state. • Councilmember Langworthy received confirmation that while the approval is for the full lot, the marijuana testing will occur only on limited areas of the site -the description of which will be formalized and recorded at the County. • Mayor Jay asked that since this lab already does other testing, why marijuana had to be added . Mr. Johnson explained that general research and testing is allowed in our code, but marijuana testing is identified as a separate use. • Council member Wooden asked if the business was owned by a company or an individual, and where they live. Mayor Jay swore in Kevin Marchitto. He testified he is the CEO and major shareholder of the company, but there are other shareholders-some of whom live outside Colorado . Since state law forbids marijuana businesses from having out-of- state shareholders , they are forming a new LLC that will have only Colorado shareholders. Currently there are two shareholders; Mr. Marchitto is from Golden and his business partner is from Arvada. Clerk Shaver assigned Ordinance 1549. Mayor Jay closed the public hearing . 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 City Council Minutes June 9, 2014 Page4 at 3924-4096 Youngfield Street, on second reading and that it take effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 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 of the Code of Laws . 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 applicable state and city requirements be met by the proposed facility . Seconded by Councilmember DiTullio; Council member Wooden announced she will be voting against this. She noted that both owners of this business live in cities that have banned marijuana businesses . They are coming to Wheat Ridge for the business and we will have the results and ramifications of that. Motion carried 6-1 , with Councilmember Wooden voting no . ORDINANCES ON FIRST READING d. 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 Councilmember DiTullio introduced Council Bill No. 05-2014. Motion by Councilmember DiTullio 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' City Council Minutes June 9, 2014 Page 5 applications, on first reading, order it published, public hearing set for Monday, June 23rd, 2014 at 7 :00p .m. in City Council Chambers, and that it take effect on July 1, 2014; seconded by Councilmember Starker; carried 5-2, with Councilmembers Fitzgerald and Wooden voting no. 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 Councilmember Starker introduced Council Bill No. 06-2014. This ordinance adopts restrictions on marijuana cultivation, drying, processing and manufacturing in residential dwellings. Motion by Councilmember Starker 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; seconded by Council member Langworthy; carried 6-1, with Councilmember Wooden voting no . DECISIONS, RESOLUTIONS AND MOTIONS 5. 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 Councilmember Langworthy introduced Resolution No. 34-2014. Motion by Councilmember Langworthy 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; seconded by Councilmember Wooden; Councilmember Urban asked if the formula provides for future adjustments based on real estate prices. Ken Johnstone explained it is anticipated that staff would review this number periodically as the market changes and any recommended revisions would be brought to Council for approval. Councilmember DiTullio asked if this effectively lowers the fees. Mr. Johnstone agreed, generally, and listed examples of past inconsistencies . Asked if parkland fees are even necessary now, Mr. Johnstone said staff feels they are needed for ongoing capital City Council Minutes June 9, 2014 Page6 maintenance for our parks. Mr. Johnstone also noted that language in this resolution will prevent the fees from being dedicated to specific parks. Councilmember Starker asked if parkland fees are required for demolitions. Mr. Johnstone explained that straight demo/rebuilds are not subject to parkland fees, but long-vacant land that is rebuilt is subject to the fees. Councilmember Urban expressed a desire for more comparables from within the City, but acknowledged the challenge for that with sales of large plots (over one acre). Motion carried, 7-0 . 6 . 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. Councilmember Pond introduced Agenda Item #6. The project will move this portion of trail from a residential street and sanitation district property to the open space area to the north . • The current trail travels on 41st through Northwest Lakewood Sanitation property. • The trail will be relocated to open space near 42"d & Kipling , cross Clear Creek, and tie into the trailhead at 43rd & Miller. • This is a budgeted project; our Open Space funds cover the design work . Motion by Councilmember Pond to award RFQ-JN-14-07 Clear Creek Trail Relocation 41 sf 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; seconded by Fitzgerald; carried 7-0 . 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 Councilmember Pond introduced Agenda Item #7. The playground equipment on the west side of the park, installed in 1996, will be updated to reflect current trends in play structures and meet 2010 ADA Standards. Motion by Councilmember Pond 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; seconded by Councilmember Langworthy; City Council Minutes June 9, 2014 Page 7 Councilmember Langworthy inquired about the construction timetable. Councilmember Urban asked about safeguards near the water to prevent balls and small children from ending up in the river. Mrs. Manwaring will check into that. Councilmember Fitzgerald commented on the design of the equipment as shown in the packet material and wondered if it was actual or representative . Councilmember Starker asked if the old structures could be recycled. Mrs . Manwaring will check. Motion carried, 7-0 . .§... 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 Councilmember Wooden introduced Resolution No . 35-2014. • The Campaign is a partnership between LiveWell Colorado and the Colorado Municipal League . Jefferson County Public Health is involved. • The Campaign provides training and technical assistance to advance HEAL. • The Campaign focuses on the following policy areas: 1) Active Community -land use, planning, zoning, infrastructure development, etc. 2) Healthy Food Access-farmers' markets, urban agriculture, attracting healthy food vendors, etc. 3) Healthy Workplace -increasing opportunities for physical activity and healthy eating for City employees • Adoption of the resolution causes no direct financial impact to the City. • The Campaign is funded by the State and supported by Kaiser Permanente. Rachel Hultin (WR), the transition coordinator for LiveWell Wheat Ridge, encouraged Council to support the resolution and to give this program a high priority. Motion by Councilmember Wooden to approve Resolution No. 35-2014, a resolutio·n 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; seconded by Councilmember Langworthy; Councilmembers DiTullio and Langworthy made positive comments about the program. Motion carried 7-0. City Council Minutes June 9, 2014 Page 8 CITY MANAGER'S MATTERS Mr. Goff announced the inaugural bike racing Ridge at 38 Criterium on June 22. It is a 1.15 mile event for cyclists of all abilities . It's also a daylong community event, with 8 races, music, food, beer, and wine from 7:30am to 3:30pm at WR Cyclery and WR5-8 Green. Anyone interested in riding can register on the Ridge at 38 website. CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver reminded voters that the outdoor ballot drop box is available in the entrance lane to City Hall. Ballots can be dropped off there any time. Registered Independents can go to a Voter Service Center (such as the one at the motor vehicle office at 20th & Wadsworth) if they want to declare a party affiliation and vote . ELECTED OFFICIALS' MATTERS Jerry DiTullio thanked the volunteers , including WRHS students and City staff, who helped with Saturday's clean-up in east Wheat Ridge. Eight dumpsters were filled . - He remarked about his support of the HEAL resolution as an example of working together and encouraged Council to work together. -He referenced an email he sent to Council asking for a $5,000 donation from the City to support the Farmers 5000 . Bud Starker thanked those who helped with the East Wheat Ridge clean-up. -He reported having attended the First Friday event and thought it was good . Zachary Urban invited everyone to the Sts . Peter & Paul Festival. It truly is a community event and everyone is welcome. -He cautioned about having children near Clear Creek during this dangerous time of high water. George Pond said he is happy Council passed the HEAL resolution and thanked everyone who helped on the effort . Tim Fitzgerald announced that the developer for 38th & Wadsworth will be at City Hall this Wednesday at 6:30 with the plans for that property. Input is welcome. Tracy Langworthy is touched that someone from Bela's family comes ever year to speak about the Break for Bela program. -She reported that food costs for the Feed the Future backpacks are going up a little . A fund raiser will be held on June 21 from 6-8 pm at the Teller Street Gallery. Tickets are for $30. Genevieve Wooden thanked everyone for supporting the HEAL resolution. -She also stated she feels she represents people in the community who have concerns about how marijuana is going to affect our city . Mayor Jay said she appreciates the engaged Council and announced that LiveWell dines will be at Vincenza 's this Thursday. City Council Minutes June 9 , 2014 Page 9 The City Council Meeting adjourned at 8:09pm . APPROVED BY CITY COUNCIL ON June 23 , 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 i n the City Clerk's Office , as well as copies of Ord inances and Resolutions . ~ i ~ -~ ~ " City of • ?WheatRi_dge ITEM NO:~ DATE: June 23 ,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 PROHIBIT THE LOCA TlON 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 D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1ST READING (06/09/2014) [gi ORDINANCES FOR 2 ° READING (06/23 /2014) D YES [gl 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 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. 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 23 , 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 ma1ijuana-infused products manufacturers and retail marijuana products manufacturers . The ordinance also hannonizes 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 I-E zone district as the only zone district in which manufacturers could locate in the future . The substance of these amendments is as follows: I . 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 minor the converse restriction that is cunently 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 detennining pedestrian routes to eliminate possible ambiguity when multiple routes are available. 7 . The Table of Uses for Commercial and Industrial zone districts in the z oning 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 cwTent 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 cunent 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 , pennits, 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 23 , 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 fonnulate its recommendation on the ordinance, to be forwarded to the Council prior to Council's second reading ofthe 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 Fonn is a map that illustrates the locations of these three MIPs , their respective ~ mile buffers and the other proposed factors limiting where future MIPs could locate under the tenns 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 I ,000 foot distance restriction for medical marijuana centers mirrors the same restriction under state Jaw . C .R .S. § 12-43.3-308(1)(d). Under both the City Code and state law , this I ,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 pennit 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 detennined that it was appropriate to consider an ordinance imposing separation requirements on MIPs and limiting MIPs to the 1-E zone district. CAF -MJ Infused Products June 23 , 2014 Page4 RECOMMENDATIONS: Approve the ordinance as presented on second reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2014, an ordinance amending sections 11-305 , 11-416 and 26-204 ofthe 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 ham1onize 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 second reading, and that it take effect on July 1, 20 14 ." Or, "I move to postpone indefinitely 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 , for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attomey's Office Kenneth Jolmstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. 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 DiTullio 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 f inds 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 (~H) 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 retaH marijuana is to be sold THE STORE OR MANUFACTURER IS TO BE LOCATED, using a THE MOST-DIRECT route of EHfe6t 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. (9 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 marijuana-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 5 to 2 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 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. SIGNED by the Mayor on this __ day of _____ , 2014 . ATTEST: Janelle Shaver, City Clerk First Publication: June 12 , 2014 Second Publication : Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney 7 ARVADA • I-en 0 -' w u: (!) z :::> 0 >- • 27TH AVE City of Wheat Ridge , Colorado 7500 West 29th Avenue Wheat Ridge. CO 80033-8001 303.234 .5900 Data Sources City of Wheal Ridge . Jerico Pl.tilc Sc:hods I-en I-w lL a:: ~ • • 38TH AVE I- I-en en I-en w :::; lL a:: :::; ~ u; DISCLAIMER NOTICE: Th• • a pieton• repreaentiltlon ol geographee and demographic inforrn.-100 Rekanc:e l4XW' the M:OJracy, reliability and autholly of tha intonn.bon il solely ~eq_.s ~~ The COy d Whe .. Ridge. ., Jeft'erson County, Co6orado • a polb:::aJ ·~ of the State of Cokndo, h• compled b b use certain c:omputenzed InformatiOn Ttw tnlronnabon 11 available to ass•t i1 ldenllfyng general we• of concern only The computenzed information provtOed lhoLfd oriy be retied upon wth corroboration or the melhods. assumptiOns., and resuta by a qUIItied Independent source The user of tt'lll nformahon ahllll •ndemnly lf'ld hott free the City of Wheat Rdge from any and al habtlliea, damage&. WWMIC:I, 8nd eauaea or adlon that res.-• a conteq.tence ot M reliance on Information pro¥idecl hwen D I-en a:: w -' -' :E 44TH AVE ' 41ST AVE • • I-en (!) z :::; ll. 5C 26TH AVE LAKEWOOD 38TH AVE • JEFFERSON COUNTY 20TH AVE - • 0 ~ CD J: 1-a:: ~ en 0 ~ 44TH AVE l-en w ~ w a: l-en ,J'~ ·--... I • I • rr:~. -~c·n : ·;· 1.1 ',.1 i ,._4 . :_.·, • -··-··-··1-. II 38TH AVE l-en z ~ a:: ~ J: LAKESIDE 32NDAVE EDGEWATER 0 ~ CD z ~ 0 cr w J: en 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 . . i .... .i "'!!!!5iiiiiiil!!"!!5iiii1il.320~~~!!!2!!!!.61iiio00iiiiiiiiiiiiiiiiiiiiiiiiiiii3.;l960~~~~5.280 a:;; Feet N State Pt ane Coord1nate Projeaion A Colorado Cerual Zone Datum : NAD83 Attachment 2 Revised May 21 , 2014 27TH AVE ~ WheatR.Ldge City of Wheat Ridge, Colorado 7500 \Nest 29th Avenue Wheat Ridge, co 80033-8001 303 .234 .5900 ARVADA PISCLAIMER NOTICE: • 38TH AVE O.ta Sources : City of Wheat Ridge , Jeffco Pubic School$ Thill il a pictori.. representation of geographic Wid demographk: inform.tion . Relance ~on the aecur~~cy, reMbility .,d M.lthofty of thil inlormation is solety requestor._ responsl>lity. The City of 'Nheet Ridge, n Jefferson County, Color.do -a potticlil aubdvision of the S..te of Cokndo, has compled tor b use cert.tn oom.puterlzed information. This inlorma~n is av8H8ble to auilt r. identifyWig general ••• of concern onty. The computerized intonnation provided should only be relied ~ with corroboration of the mettodl:, aaurnptiona, end resu by a qualified i'ldepende.nlaource . The ua« of this i"'lormation shaH indemnify .,..d hold tree the Chy of W'heat Ridge from any and .. tilbitities , dlmagea, tlwsuitl, and <*Jsea of action that resutt .. 1 conaeCJ,~ence of hil reiC.nce on inform8tkwl provided hereil • • D -~ r-·- LAKESIDE 44TH AVE 41ST AVE 38TH AVE - 32NDAVE JEFFERSON COUNTY EDGEWATER LAKEWOOD 20TH AVE 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 April 28 , 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 1 000-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 r••n! i 1· City limits ...... 1 .320 2.s•o 3,960 s.zao ~-~§iiiii~!'!"!!!!'!"!!!!'!"!!!!fiiiiiiiiiiiiiiiiiiiiiiiiii~!'!"!!!!'!"!!!!'!"!!!~ Feet N Slate Plane Coordinale Projection A Colorado Central Zone Oalum : NA083 Revosed May 14, 2014 .. ~~~ ... . ., City of • '?Wheat~dge ITEM NO:~ DATE: June 23 ,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 0 BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: '7 City Attorney ISSUE: D ORDINANCES FOR 1ST READING (06/09/2014) ~ ORDINANCES FOR 2 ° READING (06/23 /2014) 0 YES ~ NO Ci Q.~ 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 fom1 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 23,2014 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 ACTION: At it s 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 1h and fom1ulate its recommendation, to be forwarded to the Council prior to Council's second reading of the ordinance. FINANCIAL IMPACT: Little direct financial impact to the City is projected, as the activities regulated by the ordinance are residential and not commercial. City Jaw enforcement and code enforcement resources could face an increased demand if the regulations result in more complaints about residential cultivation activities. BACKGROUND: 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 usable CAF -Marijuana Residential Grows June 23 , 2014 Page 3 form 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 of these 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: Approve the ordinance as presented on first reading. 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 second reading, and that it take effect upon final adoption and signature of the Mayor." Or, "I move to postpone indefinitely 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, for the following reason(s) " REPORT PREPARED AND REVIEWED BY; Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER 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 Attachment 1 risks, affecting the health , safety, order, comfort, convenience and general welfare of the residents of the City; and 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 w ith 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 dwell ing 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. 2 5. The use shall not generate traffic , noise , vibration , glare , fumes , odors or electrical interference beyond what normally occurs in any residential zone district. 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 i n 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 , subsect ions 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 6 to 1 on this 9th 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 7:00p.m ., in the Council Chambers , 7500 West 29 1h Avenue , Wheat Ridge , Colorado. 3 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 : June 12 , 2014 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney 4 .... ~·~ .. ~ City of ?WheatRi_dge ITEM NO :~ DATE: June 23 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2014 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS 0 PUBLIC HEARING D BIDS /MOTIONS 0 RESOLUTIONS ISSUE: ~ ORDINANCES FOR 1ST READING (06/23/2014) 0 ORDINANCES FOR 2 ND READING (07/14 /2014) D YES City Manager Some homeowners have recently raised questions about the pennissibility of dwarf goats on residential properties in the City. The City's large animal regulations (Sec. 26-605) currently regulate full size goats ; but no distinction is made for dwarf goats , which are considerably smaller. The City 's small animal regulations (Sec. 26-606) reference rabbits , chinchillas and various fowl and poultry, but nothing similar to a goat. A property owner located at 3495 Ames Street in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds , so substantially smaller than a regular goat which averages approximately 150 pounds. They have become increasing popular both as pets and as sources of dairy and dairy-related products. Based on the above described small and large animal code sections it has been determined that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9 ,000-square foot of open lot area that is required to keep any large animal. This determination has caused the property owner to request that the City consider code amendments to allow the keeping of dwarf goats in more circumstances than currently allowed under large animal regulations . Council Action Form-Dwarf Goats June 23,2014 Page 2 PRIOR ACTION: The issue was forwarded to the City's Animal Welfare and Control Commission (AWCC) at their March 18, 2014 meeting. Staff prepared a memo outlining several options for how the code could be amended to be more pennissive toward the keeping of dwarf goats. With input from the AWCC, planning staff presented the policy issue and a recommended approach to City Council for consideration at their May 5 study session. City Council was generally supportive of being more pennissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. The Planning Commission public hearing is scheduled for June 19. FINANCIAL IMPACT: No significant direct financial impact to the City is anticipated. Some homeowners may find this to be a cost effective means of having access to fresh dairy products. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animals in residential areas in three principle code sections: l) 26-204, Zone Di strict Use Schedule; 2) 26- 605, Large Animals; and 3) 26-606, Small Animals and Poultry. Section 26-204. Permitted and access01y uses. Household pets are pennitted and limited to no more than 3 dogs and 4 cats and their un-weaned offspring. No other detailed regulations are provided in the zoning code. Section 26-605. Large animals. Large animals are described as horses , cows , llamas , sheep, goats and similar animals. They are allowed on residentially zoned lots , with certain minimum open-lot area requirements , fencing standards, waste control measures and building setbacks. The keeping of large animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equiva lent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals 1 HEU , 4 alpacas equals I HEU , 4 sheep equals l HEU and 4 goats equals l HEU. A property must have a minimum open lot area of9,000 square feet for the first HEU and 6,000 square feet for each additional HEU. An open lot area excludes portions of a lot covered by structures, carports and patios. Under these regulations, in order to keep goats, a property would need to have a minimum of9,000 square feet of open lot area , which would allow for four goats. The 9,000-square-foot standard is a minimum threshold and is not divisible for a scenario where one was to propose something less than a full HEU. Stated another way, a property would not be allowed to have two goats with only 4,500 square feet of minimum open lot area under the current code. Section 26-606. Small animals and poultry. The private keeping of small animals, such as rabbits Council Action Form -Dwarf Goats June 23 , 2014 Page 3 and chinchillas , or poultry, such as chickens , ducks , geese, pheasants or pigeons is allowed , with no specific restriction on the number of animals, subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside the front yard , set back 15 feet from side and rear property lines and not closer than 30 feet to a primary structure on an adjacent property. Animal waste must be controlled so it is not a nuisance. RECOMMENDATIONS: Staff initially considered several options for an approach to amending the code, including creating standalone regulations pertaining specifically to dwarf goats, or defining a new medium- size animal category. After further consideration, and with a consensus that the existing small and large animal regulations are working fairly well, staff is recommending that the small and large animal regulations be amended to accommodate dwarf goats. This approach will 1) rely on existing regulations as they pertain to the location of certain structures and enclosures ; and 2) create additional minor regulations that specifically address the unique circumstances related to dwarf goats. Thus far , this approach has been supported by the A WCC and City Council , and staffbelieves the code amendment is consistent with previous policy direction from the community and elected officials to be generally supportive of urban agriculture. By way of summary, the ordinance is proposed to regulate dwarf goats in the following manners: • Dwarf goats would be allowed , with conditions , under both the large and small animal sections of the zoning code. • For smaller lots (those having less than 9 ,000 square feet of open lot area), the maximum number of dwarf goats would be limited to not more than three , plus their un-weaned offspring. This is in line with the existing limitations of dogs and given their similarity in size, that number seems logical. • Based on both odor and the size of the animal , un-neutered male goats would not be allowed • Restrict the location of any structures providing shelter or sleeping quarters to the same 15-and 30-foot restrictions that apply to other small animal and poultry structures. • For larger lots that can meet the 9 ,000-square-foot threshold allowing for large animals , an HEU would be created for dwarf goats . Based on input from City Council , staff proposes six dwarf goats would equate to one HEU. • Each goat must have 130 square feet of permeable area on the property. RECOMMENDED MOTION: "I move to approve Council Bill No . 08-2014 , an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats, on first reading, order it published , public hearing set for Monday, July 14 , 2014 at 7:00p.m. in City Council Chambers , and that it take effect 15 days after final publication." C ouncil Action Form -Dwarf Goats June 2 3, 2014 Page 4 Or, "I move to postpone indefinitely Council Bill No . 08-2014 , an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats for the following reason(s) " REPORT PREPARED BY; Kenneth Jolmstone, AICP , Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 0 8-2014 2 . Tutorial on Dwarf Goats , prepared by Sundari Kraft CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER ___ _ COUNCIL BILL NO. 08 ORDINANCE NO. __ _ Series 2014 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31-23-101; et seq. to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26-605 and 26-606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry; and WHEREAS, the Planning Commission has reviewed and favorably recommended amendments to the Code of Laws concerning dwarf goats; and WHEREAS, the City Council finds the proposed amendments are appropriate and further the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sec. 26-605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read: Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A-1 or A-2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, "open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four ( 4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned . One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies .... B. Attachment 1 G . Any keeping of animals made nonconforming by the passage of Ordinance No . 1165, Series of 1999 , OR OF ORDINANCE , SERIES 2014 shall constitute a legal nonconforming keeping of animals. The legal , nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful ; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more , then said keeping of animals must conform to the provisions hereof or must cease . Upon sale of a property , the minimum requirements of section 26-605 shall be met or the keeping of animals must cease . For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use . Section 2. Sec. 26-606 of the Wheat Ridge Code of Laws concerning small animals and poultry, is amended to read: The private keeping of small animals , such as DWARF GOATS , rabbits and chinchillas , or poultry , such as chickens , ducks , geese , pheasants or pigeons , shall be subject to the following requirements . This section shall not apply to conforming lots in the A-1 or A-2 districts . A. EXCEPT WHEN IN COMPLIANCE WITH SECTION 26-605 (LARGE ANIMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLING UNIT , PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN-NEUTERED MALE DWARF GOATS SHALL BE ALLOWED. FOR EACH DWARF GOAT , A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD . B. Poultry houses and pigeon coops , or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals , shall not exceed four hundred (400) square feet of ground floor area nor twe lve (12) feet in height. c . Hutches for small animals shall not exceed one hundred (1 00) square feet of ground floor area with a max imum of two (2) floors or levels . D. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses , coops , hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard , shall be set back at least fifteen (15) feet from side and rear property lines , and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. F . The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited , as regulated by chapter 15 of this Code of Laws. G . The legal , nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more , then said keeping of animals must conform to the provisions hereof or must cease. Section 3. Section 26-119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats . Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26-204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Notes Residential Districts Large and Small Animals See 26-605 and 26-606 Section 5. Effective date. Pursuant to Charter Section 15.11 , this Ordinance shall take effect upon effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 2014 , ordered it published with Public Hearing and consideration on final passage set for Monday, , 2014 at 7:00p.m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. 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 __ dayof _____ , 2014 . Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl , City Attorney First publication: Second publication: Wheat Ridge Transcript Effective Date: Published: , 2014 Wheat Ridge Transcript and www.ci.wheatridge.co .us Dwarf Dairy Goats in Wheat Ridg,e Prepared by Sundari Kraft Author, "The Complete Idiot's Gwde to Urban Homesteading" Founding Co-Chair, Denver Sustainable Food Policy Council Founder and Ownet:, Heirloom Gardens ILC Founder and Organizer, Sustainable Food Denver Backyard Goat ~eeping Instructor, Deovet: Botanic Gardens www.eatwhet:eUlive.com info.@eatwhet:eUlive.com This is a draft proposaL Qmstiom and rtqllesfs for additional i'!formation art 11rekome. info@eah1,hertUiive.rom Attachment 2 Summary of the Proposal Urban homesteaders across the country are raising backyard dwacf dairy goats in growing numbers. Smarl1 in size (milking does weigh 50-60 pounds) and easy to manage, dwarf goats can be a soUJ"ce of healthy and af<fordable milk for families. \'Qheat Ridge should add dwarf goa,ts to the list of "Small ArumaJs and Poultry" that are currently allowed in the city, wi.th reasonable guidelines regarding the size and placement of the .animals' structUJ"e . CURentLaws Whea·t Ridge currently r:equices 9,000sf of open space in order to have a horse, .and 4 full-size goats are the equivalent of a horse. The rules do not make any distinction between a dwarf goat (50-60 pounds} .and a full-size goat (150 pounds). I n ad dition, a resident who only wants to 1keep 2 goats is not allowed to "split the horse" (so to speak) and have 2 goats with only 4,500sf ofopen space. 9,000sf of open space is not a l'easonable requirement for an utban homesteader, oor as it a necessary amount of space in order to safely raise dwarf goats. The category of"SmaU Animals and Poultry" currently includes dUngs like fann bir:ds (duck, goose, swan, .and poultry) and domestic rabbits. Poultry hol!Ses or chicken coops must be smaller than 400sf and shorter tbao 12 feet oill. The structure cannot be kept to the front yatd, and must be at least l 5 ~eet away t:rom t!he property lines and more than 30 feet &om a cesideoce or main structUJ"e on an adjacent pwperty. About Dw.arf Goats The term "'dwarf goats" can be applied to two distinctive breeds of goats: Nigerian Dwarf and African Pygmy . Nigerian Dwarf goats ace most commonly raised as dairy goats. They are l7-l9 inches tall (measW"ed at dte shoulder). Adult females weigh around 50-'60 pounds, and adult maJes weigh around 75 pollnds. These goats are approximately as big as a mediwn -size dog. A N~geriao Dwarf doe can produce about a ·quart of milk per day. Males that are castrated (called "wethers'') are often kept as pets. These goats ·ea•t primarily hay, although they also enjoy vegetarian food scra,ps, weeds, and most gaooen waste. Goat droppings can be safely added to gardens or compost ipiles. Nigerian Dwarf goa<ts can be easily transported in the back of a car, and they enjoy hilcing in the mountains on a leash. African Pygmy goats are similar to Nigerian D warf goats in many ways, although they are typically not milked and kept onJy as pets. They are smaller in size --just t 5-17 inches IUgh at the shoulder and weighing 40-50 pounds. Both Nigerian Dwarf and Afcican Pygmy goats are distinctly different in size com,pal'ed to full-size goats, which generally weigh .around 150 pounds. Benefits of Dwarf Dairy Goats • Economic: Dwarf goats can provide affordable, healthy milk for families . Goot milk can be used to make cheeses ~oth soft and hard), yogurt, and ice cream . Although raising goats reqwres a smaU initial investment, over the long term goats can save a fam.iJ~r money on dairy products (especiaUy when comparing "apples to apples" in terms of organic, grass-fed mint, cheese, yogurt, and ice c11eam). • Health: Da.icy pt'oduced by animals raised on grass (hay) is higher in conjugated linoleic acid, beta-carotene, .and vitamins A and E when compared to dairy produced by animals on a more common grain diet. In addition, goat milk is naturally homogenized aJRd bas sma'Uer fat molecuiles than cow milk. Many people who are lactose-intolerant ·Can comfortably consume goat milk, and it is better tolerated by people with asthma and allergies. • Environmental: There ace many reasons to support the keepingofbackylll'd Food- Producing A.rumals. Each item of food an American consumes travels an average of t 300 miles •to ceach ·the plate. In the case of dairy, the energy use of tcansport is increased because the food must be refrigerated . Concentrated Animal Feed Operations (CAPOs), whe«<e much of this cowttry's dairy is produced, pollute surface and ground water. CAIFOs contribute significantly to ~eenhouse gases through methane emissions, and release other hazardous gasses into the air. • food Sa rfety & Seourity: Da.icy produced in CAPOs is extremely vulnerable to rfood-bome bacteria. Bacikyalf.'d Food-Producing Animals can provide a relatively seOWJe souroe of protein :for families. An oYerwbelming percentage of the food Coloradans consume is produced outside of Colorado. Food-Producing Animals can help to reduce our dependence on outside food sources. Keeping Backyard Dwarf Dairy Goats • Sbe'lter: Owacfgoats need to have access to a shelter. Best practice would be a shelter that provides at least t 5sf of space pee goat. • Open space: Dwarf goats can live comfortably in many back yac.d spaces . Best ipracrice is at least 130sf of open space per goat. • fencing: A 4-foo:t fence is geneca11y adequate to ikeep a dwarf goat secure. • ~ Dwarf goats should eat primarily hay, which is available at several local feed stm:es. Grain can be given in small amounts as a supplement. In addition, dwarf goats can eat most vegetarian food scraps and most garden waste, although care should be taken 1to avoid a few hacmfui foods. Dwarf goats should be given consistent access to water. • Milkinl:': Lactating does can be milked once or twice a day. It is not necessary to milk at the exact same time ev•eqr day, but relative consistency is helpful both !for the rcomfiort of the goat and for stability of milk production. • Milk Production: Nigeriw Dwarf goats can produce around 1 quart of milk per d~·· • Veterinac• Care: There are veterinarians in Highlands (Denver), Golden, .and G.enessee who see goats. Goats in Colorado should receive a CD-T vaccination once per year. Tills vaccine is to protect goats from enterotoxemia and tetanus, neither of which can be transmitted to humans. • Socialization: Goats a!'e social creatures and can become extremely stressed if they lll'e .alone . It is not advisable to keep only one goat; goat owners should always have two (or more). Dwarf Goats in O the 1r Cities Please see the att::~ched chart (#1). Denver passed a new Food-Producing Animals ocdmanc.e jn 2011, and the chart ~<efilects ~the rules of that ordinance. The information on o~~hec cities was gad1eced by the team in Denver tasked wid1 doing research in the process of developing the ordinance, and reflects the other cities' or:dinwces as of early 2011. A Wheat Ridge Solution TI1e attached chart (#2) details the <lifferences between the chicken rules in Denver aod Wheat Ridge. Although Denver is OU£ neighbor, ,fheir smaller lot sizes and wnoenttra~ted 1po,pulation lends itself to more highly regui.a~ed animal ordinances. Wheat Ridge's more r,e)Jaxed chioken rules have given its residents the fJe.x.ibility 1to raise chickens ill whatever 'Wl}' best fits their situatioo. white setting structure guidelines to ensure tthat chicken coops do not interfel'e with a neighbor's ability tto enjoy their property. In additio.o, Wheat Ridge's laws l!ega:rding animal noise, odor, nuisance, and abuse help ensure that chickens are being cared for appropriately. In that spirit, it is logical! to keep things simple and stceamlined when aUowing \'V'heat Ridge residents to legally ca.ise backyard dwarf daily goats. Including dwarf dairy goats in the list of .. SmaU Arum.als and Poultry'' will set .reasonab1e ndes regarding the size and placement of 1tibe goats' s'tructuce, while mailltruning consistency with the ceiative freedom allowed by Wheat Ridge's o.thec anim:d policies. A 55 pound dwarf goat is closer in size to .a dticken (6 pounds) than it is to a fuU~si2e goat (150 pounds), and also smaillec in size than man~r dogs that are currently kept ,ifl bacik yacds. Dwarf Goats in Other Cities Cbart#l Number of Min. City Dwarf Square Feet Fencing Min. Lot Shelter Size Shelter Licensing Use-By-Notes Goats Size Location Right A Rowed Ope.nSpace I I Seattle 3 None Non e None None specified None specified No Yes 4 dwarf goats allowed on specified specified specified lots in excess of 20 ,000sf Animal None specified Must be 15ft PonJand 3 None None (must be in from neighbors ' No Yes Can get a pe.rmit for 4+ specified cannot roam specified good condition, dwarf goats at large etc) residences Ch icago Not None None None None specified None specified No Ye s Not expressly regulated if specified specified specified specified kept as pets Yard must be New York City Not None fenced to keep None None specified None specified No Yes specified specified animals from specified roaming 2, plus any Must be 15ft One-time license of $25 , number of Adequate to from neighbors' no pre-inspection, license Denver their 130sfper contain the None At least 15 sf residences ; Yes Yes does not need to be offspring up dwarf goat animals specified per dwarf goat must be in rear renewed unless resident to6 months old .SO% of lot moves -----------------------------------L__ ---------.. A Wheat Ridge Solution Cbart#2 Although Denver i!. our neighbor, lheir smaller ilot .~izes and ·conc:emr.ued population lend~ ito;elf to more highly regulated anima l o rdinances. Wheat Ridge'. more relaxed cbk:ken rule.' have given its residents the ,filexi'bility to raise c1Uckens in whate><er way be5l filS their situatiGn, while sening structure guideline to cn.'illre that chicken coops do 1101 ·interfere with a neighbor's ability to enjGy their propeny. Denver shows us that dwarf goats can be ikepl ·suooe.~sfu'Uy ,in lhe city . However, Wheat Ridge's solution may not 1lie in directly du,plicating IDcnver's ordinance. but ralher in incorporating dwarf goats into Wheat !Ridge ' already successfu lly Food Producing Animnls rules (i .e. "Smal l Anima'ls and Poultry"•· Comparison of Bad<yalld Chicken RuJ.es W 'beat RJdge Dm-ver Number Allowed Not ·specifiaed 8 Open Space Required 01 specified 16sf per chicken Nightime sbeJter: large enough for the c!Uc.kens to around each other; Structure Size Not , ,pecif~ Daytime sbeJter: large enough for the chickens '10 5pi"Cad their wings without touchiog Not in the r ront yard: IS rt rrom Rear 50% oftbe.lot; 15ft from Structure Placement 'ht ide .and rear propeny !lines : neighboring n:!iideDCeS 30 ft rrom ,neigHboring n idences Fencing Adequate 'o contain the animals Adequale to cOOiain lbe animals .... ~~~ ... ~ ..,. City of • ~WheatRi_dge ITEMNO: y · DATE: June 23 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2014-A RESOLUTION APPROVING HOPPER HOLLOW PARK AS THE NAME FOR THE NEW PARK LOCATED AT 44™ AVENUE AND KENDALL STREET 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES A new neighborhood park is currently under construction at 441h A venue and Kendall Street and is scheduled for completion in the fall of2014. Naming proposals for the park were solicited from the community by the Parks and Recreation Commission. The process for the naming of Parks and Recreation Department facilities is defined in the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities. The policy states that the Parks and Recreation Commission, a Commission of eight citizen volunteers appointed by City Council , recommends a park name to City Council based on the policy criteria. The Parks and Recreation Commission is recommending the name Hopper Hollow Park for the new park located at 44th A venue and Kendall Street. The Commission would like to recognize and thank Susie Seeds for this submittal. PRIOR ACTION: The Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities was adopted in 1992 and revised by the Parks and Recreation Commission in 2008. City Council adopted the revised policy on February 23 , 2009. Council Action Form -Naming Park at 44th Avenue and Kendall Street June 23 , 2014 Page 2 FINANCIAL IMPACT: There is no additional financial impact. Park identification and location signs are included in the park construction budget. BACKGROUND: An extensive public process to gather naming proposals was initiated by the Commission with the intent of soliciting public input and participation in the naming process. Notices and information were posted on the City's web site and a press release was distributed to local newspapers. Forms were available at the Recreation Center. All notices included information about the solicitation period and the opportunity for public comment at the Parks and Recreation Commission meeting. A total of 24 names were submitted . The Commission reviewed and qualified all submissions. RECOMMENDATIONS: The Parks and Recreation Commission voted as a majority at the April 23 , 2014 meeting to recommend Hopper Hollow for the following reasons as submitted by the proposer: • The name represents the theme of grasshoppers with a natural park ring to it. • The name was specifically chosen for children who may remember this name with a smile on their faces . RECOMMENDED MOTION: "I move to approve Resolution No . 36-2014, a resolution approving Hopper Hollow Park as the name for the new park located at 44th Avenue and Kendall Street." Or, "I move to deny resolution No. 36-2014, a resolution approving Hopper Hollow Park as the name for the new park located at 44th Avenue and Kendall Street for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2014 2 . Policy and Procedure for Naming Park and Recreation Department Parks and Facilities 3. Park Naming Submission Guidelines and Form 4. Summary of Naming Submissions for Park at 44th A venue and Kendall Street CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2014 TITLE: A RESOLUTION APPROVING HOPPER HOLLOW AS THE NAME FOR THE NEW PARK LOCATED AT 44TH AVENUE AND KENDALL STREET WHEREAS, a new park is being constructed at 44th Avenue and Kendall Street; and WHEREAS, the Parks and Recreation Commission is authorized by the Policy for Naming Parks and Recreation Department Parks and Facilities to recommend a park name to City Council; and WHEREAS, the Parks and Recreation Commission completed a public process for naming proposals for the park; and WHEREAS, the Parks and Recreation Commission recognizes and thanks Susie Seeds, Wheat Ridge resident and former Parks and Recreation Commission member for the recommended name submittal; and WHEREAS, the recommended name for the park located at 44th Avenue and Kendall Street is Hopper Hollow Park; and WHEREAS, the recommended name represents the designed amenities in the park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: THE NAME HOPPER HOLLOW PARK IS APPROVED FOR THE NEW PARK LOCATED AT 44th AVENUE AND KENDALL STREET. DONE AND RESOLVED this 23th day of June 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 POLICY AND PROCEDURE FOR NAMING PARKS AND RECREATION DEPARTMENT PARKS AND FACILITIES Adopted hy Resolution~-2009 (M ~ , 2009) General -Park and facilities names are often as enduring as the property itself; therefore, the selection of a proper name is, and should be, a serious matter. Selections should attempt to induce a dynamic community impact, add credibility to the park or facility , create a cohesive theme, express appreciation, create lasting public relations , promote education, lift the mind and bond our heritage and very being to the land . I) Authority to Name or JZcname : a) Any park, parkway, recreation building, swimming pool, ball field, or any other facility managed and controlled by the Parks and Recreation Department of the City of Wheat Ridge, hereinafter called park and/or facility, s hall he named or renamed only by the Parks and Recreation Commission on affirmative vote of' 2/3 majority of al l members ofsa icl commission present. h) The naml! s hall th en become the official nam e upon appro\' a) of a 2/3 majorit y of the City Council. c) If' the recommended name is not approved by Ci t y Cou ncil, th e item s hall be referred back to the Park s and Recreation Commission. 2) Naming Propo sals: a) Proposals to name any park and/or facility may be initiated hy any Parks and Recreation Commission member at any regular meeting of the commission. Also, any citizen of Wheat Ridge or the Director of Parks and Recreation may submit proposals in writing or by personal appearance at any regular meeting of the commission. b) Any such proposals must include reasons for the proposed name and as much evidence as possible in the form of letters , petitions, and/or personal appearance at a Parks and Recreation Commission meeting, of neighborhood or community support of the proposed name. c) Any such letters or petitions must certify that each signer is or has been a resident of the City of Wheat Ridge, show each signer's address and telephone number. d) The Park s and Recreation Commission, through the Parks and Recreation Department, may but is not required to solicit names from the general public for park naming. Attachment 2 Policy and Procedure for Naming Page 2 Parks and Recreation Department Parks and Facilities i) Park names may be solicited within parameters established by the Parks and Recreation Commission for a specific site. ii) Time limits for name considerations will be established by the Parks and Recreation Commission on an individual park basis . 3) Naming Guidelines: a) All proposed names shall meet one or more of the following guidelines. However, the Parks and Recreation Commission may waive any or all of the se guidelines upon a motion approved by a majority of commission members present. b) A park and /or facility may be named for : i) An event; provided such event directly affected, affects or would he meaningful to the cit izen s of Wheat Ridge. ii) Luleceased person: proYidcd the person has been known Il l be of gthld character, known to ha\·c never been cotn-icted nf n felony. and has contrihuteu to th e bcttenm:nt or \Vh eat Ridge in some greater than avcrag~ manner or who was of hi s toric sign i ficance to the Ctty. C\nmty. Stall: or Nation . 1ii) A living person; provided he /s he has met all sclection guide lin es for a deceased person and who in addition has been exceptionally outstandi ng in his:her co ntributi on to the bettennent of Wheat Ridge . In addttion, a written approval sign ed b y th e said person. agreeing to the naming. must be subm itted with the proposal . iv) A ponor or group of donors of land, considerable property, or money, provided such donation was large and signifi cant or represented considerable sacrifice by the donor or donors. v) A place name, such as the neighborhood where located or a geographical or man- made feature; provided this name tends to identify th e location or character of the park and/or facility. 4) Unacceptable Names: Generally, no park and/or facility may be named for any of the following unless waived by a majority of the Parks and Recreation Commission members: a) Any person, living or deceased , who has had no coru1ection with Wheat Ridge , excepting persons of historical significance to the City, County, State or Nation . Policy and Procedure for Naming Page 3 Parks and Recreation Department Parks and Facilities b) Any church or religiou s organization, political organization, service club, fraternity organization or any other organized group unless they fully meet the guidelines listed above. 5) Existing names : a) This policy has no effect on existing official and /or accepted names of parks and /or facilities. b) The following such names arc hereby designC~ted as official names upon passage of this policy: i) Anderson Community Building -a building in Wheat Ridge at West 44th Avenue and Field Street named in honor of Wheat Ridge's first Mayor by action of City Council. ii) Anderson Park -a park at West 44th Avenue and Field Street, 01iginally named \:Vh ea t Ridge Park was rt>nam ed in honor of the first f\1ayor of Wheat R1dge by action nfC it y Co un cil. iii) Apel-Bacher Park -a park at West 45th A \'e nue and Vam.:e Stn.:et named for hi s toric landowners of the propert y. iv) Boyd 's Crossing Park-a park at West 45th A \·enue and Everett Street named f()r a historic site used to cross Clear Creek . v) Clear Creek Greenbelt Park --park areas along C lear Creek owned and lea sed, excepting tho se areas with other names-Johnson, Anderson and Prospect. vi) Creekside Park -a park located at 49th and Marshall Street named for it s geographic lo ca tion adjacent to Clear Creek including Manwaring Field named through the Co lorad o Rockies Field-of-Dreams Program and named after Rockies catcher Kirt Manwaring who personally contributed funding . vii) Founders' Park -a park at 37th Avenue and Jay Street, a former carnation greenhouse site named for all of the founders of the Wheat Ridge Community. viii) "Hank" Stites Park -a park at West 29th and Newland Street named in honor of Mayor Frank (Hank) Stites who was also a long time member ofthe Wheat Ridge Recreation District Board. ix) Happiness Gardens -a community garden at 4226 Ammons Street named to recognize the happiness that gardening would bring to the students of Wilmore Davis elementary school who were being encouraged to participate. x) Hayward Park -a park at West 29th Avenue and Wadsworth Boulevard named in honor of the previous owner by Parks and Recreation Commission action . xi) Historical Park -a park at 46th A venue and Robb Street named by general usage (including Sod House, Coulihan Cabin, the first Wheat Ridge Post Office and Museum). Policy and Procedure for Naming Page 4 Parks and Recreation Department Parks and Facilities xii) Horace E. Randall Park -a park at 43rd A venue and Fenton Street named by the board of the Wheat Ridge Recreation District in honor of a board member, secretary of said board for many years, who in this capacity did much for parks and recreation in the area. xiii) Jolmson Park -a park at Clear Creek and Wadsworth Boulevard . The easterly portion was named by the donor in honor of his deceased wife, Elizabeth Johnson , as a condition of the g ift to the Wheat Ridge Lions Club (who subsequently donated the park to the Wheat Ridge Recreation District). The westerly pottion was named Samuel Jolmson Park in honor nf the donor, Judge Samuel Jollllson . Subsequent additions to this park between Wadsworth Boulevard and West 44th Avenue hy the City of Wheat Ridge . also bear the name Johnson Park . xiv) Panorama Park -a park at 35 th A venue a nd D e pew Street named by contest when under the jurisdidion of th e Wheat Ridge Recreation District. xv) Paramount Park --a park at \Vest 27 th A Ycnue and Kipling Street n a m ed for the suhdivision in which it was lucated w hen under the juri s diction of the Prospect Recreation Di s trict. xvi) Pro spect Park -a park at \Ve s t 44th A\·enuc and Rob b Street named whik under the jurisdiction of tho.: Prospect Recreation District in honor of ea rly prospectors who came up Clear C reek. X\'il) · Richards-Hart Estate -a park and hi storic mansion locatecl at \Vest 28 th A venue and Benton Street and named for the original ow ner/builder and the owner in longest residence. xviii) Wheat Ridge Municipal P oo l -th e name given to the outdoor pool lo cated in Anderson Park at 44 111 and Field when it was constructed and opened to the public in 1980. xix) Wheat Ridge Recreati on Center -Represents the geographical location of the Center. Named by City Council action. xx) Wheat Ridge Senior/Community Center -a building at 6363 W . 35th Avenue used by the seniors of Wheat Ridge and as a community center for recreational programming for the citizens of Wheat Ridge. Named by City Council action . 6) Renaming Guidelines: The renaming of parks and facilities is strongly discouraged . It is recommended that efforts to change a name be subject to the most critical examination so as not to diminish the original justification for the name or discount the value of the prior contributors. A renaming or change in name will be considered tor the following circumstances: a) Only those parks and facilities named for a location or subdivision shall be considered for renaming. ~ .. ·~ • ~ " City of • .. ~WheatB.!._dge __..YPARKS AND RECREATION PARK NAMING SUBMISSION FORM Park Location: 44th and Kendall (Per the attached guidelines, form must be received by SPM April15, 2014, to be considered.) APPLICANT INFORMATION Applicant Name (please print): _________________________ _ Address : ________________________________ _ Cizy : ______________________________ __ State : _____ _ Zip :------- Home Phone : _____________ _ Alternate Phone :----------- Email Address : ______________________________ _ Current Wheat Ridge Resident (circle): Yes No If not currently a resident , when : ------ Applicant Signature : _____________________ _ Date : ____ _ PROPOSED NAME Suggested Name: ______________________________ _ SUPPORTING DOCUMENTATION Per the attached Guidelines and requirements of the Policy for Naming Parks and Recreation Department Parks and Facilities, the following information is attached: 0 Written narrative that includes reason(s) for the proposed name. 0 Supporting evidence in the form of letters and/or petitions showing neighborhood and/or community support of the proposed name . (Note that letters and petitions must certify that each signer is or has been a resident of the City of Wheat Ridge and must include signer's address and telephone number.) 0 Other: --------------------------------------------------- Date Received by City of Wheat Ridge Staff: FOR OFFICE Date of Review by Parks and Recreation Commission : USE ONLY Parks and Recreation Commission Recommendation: 0 Approved 0 Declined Final Action : 0 None 0 Adopted Attachment 3 ~~~~ , ~ r City of • 41~Wheat&__dge _..YI>ARKS AND RECREATION GUIDELINES FOR THE PARK NAMING SUBMISSION FORM (1) Background -The City of Wheat Ridge is in the process of constructing a new park at 44th and Kendall. The community 's vision for this park was realized when City Council approved a master plan for the park in 2013 . The park construction is scheduled for completion by fall2014 . The 44th & Kendall Neighborhood Park is inspired by an artistic take on the ecology of Colorado 's Front Range . Our native landscape inspired many features throughout the park , such as large boulder seating , flagstone paving patterns and creative berming as well as the use of a drought tolerant plant palette . Surrounding the two open play fields and a multi-use sports court are a variety of nature based artistic elements . Details include 3-dimensional steel grasshoppers , large steel leaves integrated within shade shelter roofing , a contemporary themed playground with leaf shaped shade canopy's , "ladybug " boulders and steel art panels located along the walks throughout the park . (2) The Parks and Recreation Commission will be accepting Naming Proposals for this park from March 1, 2014 through April 15, 2014, at 5PM. Please use the Park Naming Submission Form (attached). (3) The Commission would like to encourage that submissions be reflective of the nature of the park design , theme , geographic qualities , or special features in the park as stated in (1) Background above . (4) Proposals may be submitted by the deadline in person or by mail to the Parks and Recreation Commission , c/o Wheat Ridge Recreation Center, 4005 Kipling St., Wheat Ridge , CO 80033 ; by fax to the Parks and Recreation Commission at 303-420-0316 ; or by email to khouston@ci .wheatridge .co .us . (5) All names must be in accordance with the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities (available on the City 's website at www .ci .wheatridge .co .us/PRCommission) including : a. Applicant is a current or former resident of Wheat Ridge . b. The suggested name is acceptable based on the Policy, including the following categories : an event (meaningful to the citizens of Wheat Ridge); a deceased person (who contributed to the betterment of Wheat Ridge or who was of historic significance to the City , County , State or Nation); a living person (same as for a deceased person ; and including with the proposal, written approval by said person agreeing to the naming); a donor or group of donors (of land , considerable property , or money , provided such donation was large and significant or represented considerable sacrifice by the donor or donors); or a place name (such as the neighborhood where located or a geographical or man -made feature ; provided this name tends to identify the location or character of the park). (6) Proposals must include , per the Policy , reasons for the proposed name and supporting evidence in the form of letters , petitions , etc . Letters and petitions must certify that each signer is or has been a resident of the City of Wheat Ridge and include each signer's address and telephone number. (7) The process for final name selection and approval is expected to conclude in June 2014 . This date is subject to change without notice . For questions please contact the City of Wheat Ridge Parks and Recreation Department at 303 -231-1307 . Submissions received after April15 . 2014, at 5PM will not be considered . Names of person(s) submitting the Naming Proposal will be acknowledged when park name recommendation is presented to City Council. The Parks and Recreation Commission reserves the right to modify any and all submissions , including but not limited to , using a portion of the name, using a combination of names , re-arranging the words within a name, or adding to a name . Submission content is not confidential. Anonymous submissions and proposals determined by staff to be incomplete will not be considered . Summary of Naming Submissions for Park at 44th and Kendall-April 2014 Park Name Applicant Name Form Attachments Submission Reason Awesome Park LaVonne Hall X X WR is an awesome place among many other awesome reasons Boisterous Park Jamie Bair email No reason given Bugaboo Park Genevieve Robinson X No reason given Bugged Out Park Genevieve Robinson X No reason given Carnation festival part of WR since Carnation Park Eileen Havey X 1969/WR also known as Carnation City in mid-1900's Carnation festival part of WR since Carnation City Park Eileen Havey X 1969/WR also known as Carnation City in mid-1900's Carnation Park Debbie Pantuso fax No reason given Children's Delight Park Genevieve Robinson X No reason given Cinnamon Princess Park (Kulia Robinson-age 3) Genevieve Robinson X No reason given Circle of Life Park Theresa Vigil X X Park will be in form of circle 8 Cresta Park Janenne Allen X To honor Italian heritage in WR Farmers Park Debbie Pantuso fax No reason given Harmony Ridge Jamie Bair email No reason given Hope Park Louise Hughes X Hope for revitalization of 44th Ave . Hopper Hollow Susie Seeds X X Represents the theme of grasshoppers Horizon Park John LaGuardia email No reason given I Infinity Park Antonietta Britenfeldt email Since the park has a figure 8 walking path I Just for Kicks Jamie Bair email No reason given I Martensen Park Janelle Shaver X X Due to the school closing and follows WR agricultural heritage Martensen Park Dawn Culley X In honor of the elementary school Mountain Garden Park Evan Lay X X Has a view of the mountains from the park & has a garden theme New Creation Park of Wheat Ridge Beth Tomlin email No reason given Prairie Haven Dietra Duprey X X Haven is a safe refuge and it reflects the ecosystem Ricci Park Margaret Geis X Per prior request Rocketship Spiderman Park (Siaka Robinson-age3) Genevieve Robinson X No reason given Super Duper Park (liloa Robinson-age 5) Genevieve Robinson X No reason given Attachment 4 ... ~·.( .. # r City of • JP'WheatRi_dge ITEM NO : 5 . DATE: June 23 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO KENDRA FLEISCHMAN IN THE AMOUNT OF $29,000 FOR THE PURCHASE OF TRUTH, A BRONZE SCULPTURE FOR THE NEW PARK AT 44th A VENUE AND KENDALL STREET D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING D YES The design and master plan for the new neighborhood park located at 44th A venue and Kendall Street includes a public art project. The process for selecting public art is defined in the Public Art Management Plan . Per this process, a bronze sculpture entitled Truth , by artist Kendra Fleischman, was selected by an appointed committee for recommendation to the Cultural Commission, and approval of purchase by the City Council. PRIOR ACTION: City Council adopted the Public Art Management Plan on July 22, 2002. The Public Art Management plan was updated and approved by the Cultural Commission on January 9 , 2013. The Cultural Commission recommended purchase of the sculpture at their June 11 , 2014 meeting. FINANCIAL IMPACT: The funds for this purchase are included in the construction budget for the 44th and Kendall Street neighborhood park , currently under contract. The funding for construction, and specifically the purchase of this art piece, will be charged to Fund 32 , the Open Space Fund. The purchase price includes the sculpture, installation and documentation . Council Action Form -Approval of Art for Park at 44th A venue and Kendall Street June 23 , 2014 Page 2 BACKGROUND: The Wheat Ridge Cultural Commission recommended the direct purchase of an existing art piece rather than commissioning a new piece, as the most timely and cost-effective strategy for obtaining art for the newly designed park at 44th A venue and Kendall Street. The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of Truth , a bronze sculpture for placement at the new neighborhood park at 44th A venue and Kendall Street. RECOMMENDED MOTION: "I move to approve payment to Kendra Fleischman in the amount of$29,000 for the purchase of Truth , a bronze sculpture for the new park at 44th Avenue and Kendall Street." Or, "I move to deny payment to Kendra Fleischman in the amount of $29 ,000 for the purchase of Truth , a bronze sculpture for the new park at 44th A venue and Kendall Street , for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwating, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Wheat Ridge Cultural Commission Recommendation Report 2. Photo of Sculpture -Truth RECOMMENDATION Wheat Ridge Cultural Commission Kendall Park Sculpture Project Public Art Acquisition Committee Public Art Acquisition Committee: Jim Dickson , Joyce Manwaring, Rick Murray, Diane Robb , Liz Veeder, Matt Whipple , and Genevieve Wooden Staff: Julie Brisson Public Art Consultant: Barbara Neal TI1e Wheat Ridge Cultural Commission felt that a direct purchase effort would be the most timely and cost effective strategy for the newly designed Kendall Park located at 44 1h A venue and Kendall Street. The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. Funding for this $29 ,000 project has been allocated from the Park and Recreation department 's budget. This funding will cover purchase of the artwork , transportation and installation costs as well as documentation. A quorum was present at each meeting and there were no conflicts of interest. The initial meeting on March 19 , 2014 was convened for the Committee to determine the criteria for a direct purchase of existing artwork , specifications for the artwork and the time line . Matt Whipple and Joyce Manwaring briefed the Committee on the concept for this 2.5 acre park and how the park will be utilized . The design of the park incorporates landscaping textures as if from a 30 ,000 feet perspective. In addition to boulder seating, amenities include two open play fields and a multi-use sports court. Nature-based elements include large steel grasshoppers, ladybug boulders and leaf-shaped shade canopies. The criteria for artwork listed in Public Art Management Plan will guide this direct purchase project: • Artistic excellence; • Teclmical competence; • Suitability to potential site; Conceptual compatibility Scale, material , fonn and content Appropriate relationship to the function of the site Strong contribution to the historic, ethnic or other characteristics of the site Contribution to diversity of the City 's public art collection • Structural and surface integrity; • Accessibility by the public; Attachment 1 1 • Resistance to damage by weather (including wind, water, UV exposure), vandalism, or theft; • Ease of maintenance, minimal and low cost maintenance; • Compliance with applicable public safety codes. A Request for Images (RFI) was sent on March 30th to more than 30 artists and announced through various artist networks and public art programs in the metropolitan area. As a result, 37 artists offered 80 artworks for direct purchase. On May 13th ' 2014 the Committee met to review the PowerPoint of all the images submitted . Discussion followed each viewing. Any infonnation the artists had submitted about dimensions and materials was provided during the review. After two rounds of viewing and discussing the sculptures, and voting, five sculptures remained under consideration. Each Committee member voted for his/her top three resulting in the following ranking: Ribbon Dance Truth Elegy Kendra Fleischman (Golden) Kendra Fleischman William Burgess (Colorado Springs) The Committee also expressed interest in Oh Oh by Tom and Jean Latka from Pueblo. It was decided to request additional images from the artist to see if this sculpture should receive further consideration . Barbara advised the finalists of the Committee's interest and ananged studio visits. She also sent electronic notification to the artists whose work was not chosen. Committee members were infonned so they could participate in viewing the actual artworks before making their final decision. Committee members visited Kendra Fleischman's studio on May 21 st and Bill Burgess' studio on May 2ih. The studio visits enabled the Committee members to examine the sculptures and talk with each artist about the artwork. The third and final meeting of the Public Art Acquisition Committee was convened on May 28th to identify the specific artwork to purchase for the entrance to Kendall Park. After a review of the criteria and the studio visit reports, the Committee discussed each sculpture and then voted unanimously to recommend the purchase of the bronze sculpture, Truth, by Kendra Fleischman of Golden for $29 ,000. The Committee felt that Truth would be a welcoming sculpture for the entrance to Kendall Park. It is symmetrical and each side has viewing interest. This artwork is number five of an edition of five ; the only one in Colorado. The Committee felt that this sculpture is in excellent condition and fulfilled all the criteria. Details to be ananged in regard to installation of this sculpture included: 2 • The sculpture will need to be placed on a pedestal approximately four feet high to raise it to an appropriate height for viewing and for protection. Kendra will advise on the material and color of the pedestal. • Installation will not be scheduled until the early fall. Kendra will store the sculpture at her studio until that time at no cost. • Kendra will be asked to work with Parks and Recreation , and the landscape architect on designing the space for the sculpture. • Wheat Ridge will provide an appropriate plaque identifying the sculpture, the artist and the source of funding . • Kendra will ensure that the sculpture is cleaned and waxed. She will also provide documentation for the sculpture including a description , materials , the fabrication process and detailed instructions for maintenance. This recommendation will be given to the Wheat Ridge Cultural Commission for their 0 J 11th meetmg on une . With the approval of the Wheat Ridge Cultural Commission , this recommendation will be forwarded to the Wheat Ridge City Council for action on June 23rd. With both approvals secured , both a Purchase Order and a contract will be arranged with Kendra , the latter to describe the project, the payment schedule and Visual Artists Rights Act (V ARA) provisions . ACTION ITEM: Approval of the recommendation from the Public Art Acquisition Committee for the purchase of Truth , a bronze sculpture from Kendra Fleischman for $29 ,000 for installation in Kendall Park in Wheat Ridge. Barbara N eal Public Art Cons ultant 5/3011 4 3 f n :r I a N .... ~A~ .... ~ r-City of • :prWheatRi_dge TITLE: ITEM NO:~ DATE: June 23 ,2014 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 37-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 CAPITAL INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $37,000 FOR THE PIERCE STREET BICYCLE FACILITIES IMPROVEMENTS 0 PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES D at£~rks City Manager ISSUE: At the June 2, 2014 study session, the City Council discussed proposed alternatives for the installation ofbicycle facilities on Pierce Street between 26th Avenue and 48th Avenue. After discussion , Council elected to install dedicated bicycle lanes on both sides ofPierce Street between 26th Avenue and 38th Avenue, and shared lanes (parking and bicycle) on both sides between 38 111 Avenue and 44th Avenue. Pierce Street between 44th Avenue and 48th Avenue will be marked as a shared travel use by the installation of"sharrows," shared traffic pavement markings. Additional way finding signage and pavement markings, as appropriate, will also be installed on 48th A venue between Pierce and Otis Streets to direct cyclists to the Clear Creek Trail. The 2014 Capital Investment Program budget initially dedicated $63,000 toward the Pierce Street improvements as part of the 2014 budget process. That amount was based on an estimated cost for minimal improvements , or essentially sharrows for the entire length of Pierce Street, along with supplemental signage. Over the past month, staff attained bid unit prices for the striping and signage work, and as a result , have been able to calculate a refined estimate for the improvement costs , based upon the direction received from Council on June 2. Based on the Council Action Form -SBA for Pierce Street Bicycle Improvements June 23 , 2014 Page 2 estimated quantities and unit prices , staff is confident that an additional amount of $3 7 ,000 will be adequate to fund the improvements. PRIOR ACTION: The 2014 Capital Investment Program Budget initially dedicated $63 ,000 toward the Pierce Street improvements as part of the 2014 budget process. Since the beginning of this year, staff has engaged in an extensive public process, including two informational public meetings and at least two updates at City Council study sessions. The public process involved discussion, evaluation , and consideration of various alternatives that included dedicated bicycle lanes , shared parking/bicycle lanes , and the installation of shared travel lane use sharrows . On June 2 , 2014 Council elected to move forward with the improvements as mentioned previously. FINANCIAL IMPACT: General Fund reserves will be used to fund this request. BACKGROUND: Several years ago , the City of Wheat Ridge and the greater Wheat Ridge community began the process of addressing long-tenn , multi-modal transportation needs , including improved pedestrian and bicycle accommodations and options throughout the City. Through an extensive public process with Envision Wheat Ridge, multiple partners and stakeholders were engaged , including the City of Wheat Ridge , LiveWell Wheat Ridge, the Jefferson County Public Health and Transportation Departments, residents, businesses , and additional stakeholders in the community. The public process eventually led to adoption of the Envision Wheat Ridge Comprehensive Plan in 2009 , and the Wheat Ridge Bicycle and Pedestrian Master Plan in 2011 . The Bicycle and Pedestrian Master Plan serves as a guide for the long-tenn planning of bicycle and pedestrian improvements , including improvements within identified bicycle transportation corridors. The plan also considers links to destinations such as schools , parks , businesses , and connections to other bicycle corridors and/or facilities in neighboring communities. The City essentially lacks adequate north-south bicycle transportation corridors across the length of the City, and higher traffic corridors such as Wadsworth Boulevard and Kipling Street require significant longer-term capital investments. However, Pierce Street has been identified as a significant north-south segment with more feasible opportunities to explore and establish improvements . More specifically, Pierce Street essentially serves as a significant connection between the Clear Creek Trail on the north end of the City, and the City of Lakewood on the south end where Pierce Street is presently signed and striped for bicycles . Pierce Street from 26th A venue to 48th A venue is identified in the Master Plan as a segment for future bicycle improvements. More specifically, the plan identifies this segment for future bike lanes. As a result, City Council designated an amount of $63 ,000 in the 2014 Capitallnvestment Program budget to invest in bicycle related improvements for this segment. Council Action Form -SBA for Pierce Street Bicycle Improvements June 23 , 2014 Page 3 Subsequently, staff and partners in the community began a preliminary assessment of Pierce Street from 26 111 A venue to 48 111 A venue to detennine feasible options for providing bicycle accommodations for the street in its existing state. The assessment reviewed on-road facility treatment alternatives and worked to identify technical issues and advantages and disadvantages of each alternative. RECOMMENDATION: Staff recommends appropriating funds to cover the additional cost of the improvements as directed. RECOMMENDED MOTION: "I move to approve Resolution No. 37-2014 -a resolution amending the fiscal year 2014 Capital Investment Program budget to reflect the approval of a supplemental budget appropriation in the amount of $37 ,000 for the Pierce Street Bicycle Facilities Improvements." Or, "I move to postpone indefinitely Resolution No. 37-2014, a resolution amending the fiscal year 2014 Capital Investment Program budget to reflect the approval of a supplemental budget appropriation in the amount of$37,000 for the Pierce Street Bicycle Facilities Improvements for the following reason(s) " REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 37-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 CAPITAL INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $37,000 FOR THE PIERCE STREET BICYCLE FACILITIES IMPROVEMENTS WHEREAS, on October 28, 2013, the City Council adopted the 2014 budget, including the Capital Investment Program; and WHEREAS, said adopted budget and Capital Investment Program allocated $63 ,000 toward bicycle facilities improvements on Pierce Street; and WHEREAS, staff and the City Council have engaged in a public process to determine a desired plan and project for said facilities; and WHEREAS, as a result of said process, Council has directed staff to move forward with improvements that are estimated to cost up to $100 ,000, including contingencies . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: A. The City of Wheat Ridge fiscal year 2014 CIP Budget be amended accordingly, specifically transferring $37,000 from General Fund unreserved fund balance to account number 30-303-800-852 . DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Attachment 1 .. ~ i # ... ~ r-City of • ~WheatRi_dge ITEM NO:~ DATE: June 23 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-14-13, 2014 OVERLAY PROJECT BASE BID AND BID ALTERNATES 1, 4 AND 5, TO MARTIN MARIETTA MATERIALS, WESTMINSTER, CO, IN THE AMOUNT OF $1,120,836.10, WITH A CONTINGENCY AMOUNT OF $50,000 AND AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO ISSUE CHANGE ORDERS UP TO A TOTAL CONTRACT AND CONTINGENCY AMOUNT OF $1,170,836.10 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS 0 ORDINANCES FOR 18T READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES p ~~~ ISSUE: The 2014 Street Resurfacing Project was developed to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. The program is intended to extend the life of pavement on streets that are structurally sound . The project also includes: concrete and handicap ramp replacements on streets being resurfaced , striping maintenance of high volume streets throughout the City by priority, and spot pavement patching citywide. This project is the second and last of two preventive maintenance projects that the City will implement this year. This project also includes three small-scale, separate projects which were incorporated into the project bid (as bid alternates) to leverage more competitive and lower prices for those particular projects, identified further in this report. Staff recommends that Martin Marietta Materials be awarded a contract for the Base Bid and Alternate Bids 1, 4 and 5 in the amount of $1 ,120 ,836.1 0. Council Action Form -Overlay Project June 23, 2013 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the Preventive Maintenance Projects line item of the 2014 Capital Improvement Program budget in the amount of$1,200,000. This project is the last of the two preventive maintenance projects that will be funded from this account. This project would extend the useful life of the streets that are treated fi:om seven to 15 years. The Pierce Street bike lanes (Bid Alternate 4) will be funded from the Bike/Pedestrian Improvements line item budget. The speed bumps installation (Bid Altemate 5) will be funded from the Neighborhood Traffic Management Project line item budget. The City will be reimbursed $19,565.88 by the Cambridge Park HOA to cover Bid Altemate I (Recreation Center area drainage improvements). BACKGROUND: Bids for the 2014 Overlay and Concrete Rehabilitation Project were opened on May 21, 2014. All three bids received met the initial bid requirements and two bids are within the budget, established as $1,075,000. The apparent low bidder is Martin Marietta Materials, Westminster, CO, with the total base bid amount of $999,605.96. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements, is qualified to perform the work, and is within budget. 2014 Overlay Project is comprised of the following: Base Bid -Pavement overlay and concrete replacement on a number of local streets throughout the City by priority Alternate 1-Drainage channel improvements at the Recreation Center Alternate 2-Pavement overlay on South 1-70 Frontage Road from Kipling Street to Lee Street Alternate 3-Pavement striping maintenance on 38th Avenue from Wadsworth to Sheridan Alternate 4-Pavement stliping to install a new bike lane on Pierce Street from 26th to 48th Ave. Altemate 5-Speed bump installation under NTMP program on eligible streets Bid Ranges Base Bid: $999,605.95-$1,207,806.05 Bid Alternates: #1 $34,308.39 -$70,062.00 #2 $37,979.47-$41,865.00 #3 $45,259.88-$58,234.00 #4 $1 02,628.29 -$1 15,002.80 #5 $15,113.16-$40,770.00 Engineer Estimate $986,973.25 $39,635.00 $32,772.50 $16,763.00 $81,748.00 $22,200.00 Council Action Form -Overlay Project June 23 , 2013 Page 3 Staff created several bid alternatives to add additional paving and striping maintenance work along with several separate minor projects with similar construction quantities. These were included as alternate bids in the base bid package in order to obtain more competitive prices. The bids were comprised oftive parts ; a Base Bid and Alternate Bids 1 through 5. Alternate Bids 1 through 5 were prepared as bid options , such that if the cost is favorable to each of the alternatives, additional streets and other minor projects can be added to the project. This is a good opportunity to seek competitive or better pricing and for the ease of construction management as part of a larger project. Bid Alternate 1 would improve a segment of a channel on the south side of the City's Recreation Center. This channel facilitates drainage conveyance from the Cambridge Park community directly to the west of the Recreation Center. The City is accommodating the neighborhood by designing and constructing improvements to reduce the maintenance of the channel. The scope of work has been redefined to stay within budget. The City has executed an agreement to administer the construction and maintenance of the drainage. Cambridge Park HOA has agreed to the bid cost and authorized the construction. The Cambridge Park HOA will reimburse the City upon project completion per the said agreement. Alternate Bids 2 and 3 are for additional paving and striping work. As the overall project cost exceeds the budget limits with these additions , staff recommends that these two bid alternatives be omitted from the contract. Bid Alternate 4 would facilitate the installation of bike lanes on Pierce Street. This project has been administered through a separate established design process. The scope of work has been redefined to align with the City Council 's approved plans. Bid Alternate 5 is for obtaining pricing for speed bump installation should any eligible streets necessitate speed bumps as a preferred traffic calming measure as may be determined through the recently authorized Neighborhood Traffic Management Program process. Staffhas successfully negotiated with Martin Marietta Materials on the change of work scope for Bid Alternates 1 and 4 as outlined above. The change in cost is a decrease from $34 ,308 .39 to $19 ,565.88 for Bid Alternate 1 and from $102 ,628.29 to $86 ,551.10 for Bid Alternate 4. Based on budget availability, staff recommends the Base Bid and Bid Alternates 1, 4 and 5 be selected and a contract awarded for construction. Alternate Bids 2 and 3 are not recommended for inclusion due to budget constraints. The lowest responsible and responsive bidder, Martin Marietta Materials of Westminster, Colorado , has met the bid and qualification requirements . The price for the Base Bid and Bid Alternates 1, 4 and 5 is $1 ,120,836.1 0. Council Action Form-Overlay Project June 23,2013 Page4 A 5% contingency amount of $50,000 is requested for the cost of unforeseen items related to the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and perfom1ance on previous projects and due to available budget, Staff recommends that a contract be awarded to Martin Marietta Materials that includes the Base Bid and Bid Alternates 1, 4 and 5. RECOMMENDED MOTION: "I move to award ITB-14-13 , 2014 Overlay Project Base Bid and Bid Alternates I, 4 and 5, to Martin Marietta Materials , Westminster, CO, in the amount of $1,120,836.1 0 , with a contingency amount of $50,000 and authorization for the Director of Public Works to issue change orders up to a total contract and contingency amount of $1,170,836.1 0." Or, "I move to deny the award ofiTB-14-13 , 2014 Overlay Project Base Bid and Bid Alternates I , 4 and 5 , to Martin Marietta Materials , Westminster, CO , for the following reason(s) REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Jennifer Nellis , Purchasing Agent Scott Brink , Director of Public Works Patrick Goff, City Manager ATTACHMENTS: I . Bid Tab Sheet 2. Project Map " Subj ect to rev iew for completeness and accuracy . ,~· .. ~ ~ ' City of • PROJECT: ITB-14·13 OVERLAY PROJECT JP'"WheatR!9ge DUE DATE/TIME: TUESDAY, MAY 21, 2014 BY 1 P.M. LOCAL TIME REQUESTED BY: RUSS HIGGINS, PE, FIELD SUPERVISOR, PUBLIC WORKS OPENED BY: JENNIFER NELLIS, PURCHASING AGENT WITNESSED BY: CINDY RAIOLO, PURCHASING TECHNICIAN Asphalt Specialties Brannan Sand and Martin Marietta Martin Marietta Martin Marietta ALLOWED VENDOR (PRIME) Co ., Inc. Gravel Company, LLC Materials Materials Materials Reduced prices As b id w ith selected reflect reduced scope LOCATION Henderson, CO Denver, CO Westminster, CO alternates of work BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes ACKNOWLEDGE ADDENDUM 1 Yes Yes Yes CONTRACTOR 'S QUALIFICATION FORM Yes Yes Yes NON -DISCRIMINATION ASSURANCE FORM Yes Yes Yes ILLEGAL ALIEN COMPLIANCE Yes Yes Ye s LIST OF SUB-CONTRACTORS Yes Ye s Ye s NON-COLLUSION AFFADAVIT Yes Yes Yes BID BOND Ye s Yes Yes PROPOSAL FORM Yes Yes Yes PRICING SCHEDULE Ye s Ye s Yes KEEP JOBS IN COLORADO ACT (H .B. 13-129 Yes Ye s Yes BASE BID : $ 1,207,806.05 $ 1,062,400.90 $ 999,605.95 $ 999,605 .95 $ 999,60S .9S REC CENTER DRAINAGE -ALTERNATE #1 : $ 44 ,905 .05 $ 70,062 .00 $ 34,308.39 $ 34,308.39 $ 19,S65 .88 1-70 FRONTAGE RD -ALTERNATE #2 : $ 41,130.00 $ 41,865 .00 $ 37,979.47 38TH AVENUE -ALTERNATE #3 : $ 58,234 .00 $ 51,110.00 $ 45,259 .88 PI ERCE STRE ET-ALTERNATE #4 : $ 104,639 .85 $ 11S,002.80 $ 102,628 .29 $ 102,628.29 $ 86,S51 .10 SPEED BUMPS -ALTERNATE #5 : $ 40,770.00 $ 39,300.00 $ 1S ,l13.16 $ 15,113.16 $ 15,113.16 BID TOTAL : $ 1,497,484.95 $ 1,379,740.70 $ 1,234,895 .15 $ 1,151,655 .79 $ 1,120,836.09 Attachment 1 page 1 of 1 ···~ l • r City of ·fJ Wlieat i e ~ILIC WORK R.!9g --------------------------------------------- C TY OF WHEAT R OGE 2014 OVERLAY DENVER Loke Rhoda -?0' 4 OVt~l AY -/0'4 'D A OVf~ AY Attachment 2 ... ~ .... " City of :rwheat_Ri_dge ITEMNO:_i_ DATE: June 23 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2014 -A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF SPONSORING THE 2014 WHEAT RIDGE HIGH SCHOOL FARMERS 5000 D PUBLIC HEARING D BIDS /MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL : D YES ~ NO ~ ISSUE: The City received a sponsorship request for the 2014 Wheat Ridge High School Farmers 5000 five kilometer road race from the Sponsorship Chair, Michelle Del Piccolo . Consensus was reached at the June 16 , 2014 study session that Council members would donate funds from their individual outreach accounts to this event and any additional sponsorship above that cumulative total would come from General Fund undesignated reserves. PRIOR ACTION: The City sponsored the Farmers 5000 in 2012 at the $1 ,000 level. BACKGROUND: In 1981 , a group ofWheat Ridge High School parents and runners organized a road race to benefit Wheat Ridge High School. The purpose of the race was to raise money for the school , and to promote physical fitness and community spirit. All funds from entry fees and sponsorships are given to various educational and special programs with the school. FINANCIAL IMPACT: Sponsorship levels for the Fanners 5000 range from $250 to $2 ,500 . Consensus was reached at the June 16 , 2014 study session that Council members would donate funds from their individual outreach accounts to this event and any additional sponsorship above that cumulative total would Council Action Form -WR2020 Supplemental Budget Appropriation February 13,2012 Page 2 come from General Fund undesignated reserves. RECOMMENDATIONS: None RECOMMENDED MOTION: "I move to approve Resolution No. 38-2014 -a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $ for the purpose of sponsoring the 2014 Wheat Ridge High School Fanners 5000." Or, "I move to postpone indefinitely Resolution No. 38-2014 -a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of$ for the purpose of sponsoring the 2014 Wheat Ridge High School Farmers 5000 for the following reason(s) " REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 38-2014 2. Letter from Farmers 5000 Sponsorship Chair, dated May 21 , 2014 3. 2014 Fanners 5000 Sponsorship Proposal TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2014 A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF SPONSORING THE 2014 WHEAT RIDGE HIGH SCHOOL FARMERS 5000 WHEREAS , in 1981 a group of Wheat Ridge High School parents and runners organized the Farmers 5000 , a five kilometer road race, to benefit the Wheat Ridge High School ; and WHEREAS the purpose of the race is to raise money for the school and to promote physical fitness and community spirit; and WHEREAS, the Farmers 5000 , is an important community event that relies on sponsors to meet its annual fundraising goal; and WHEREAS , all funds from entry fees and sponsorships are given to various educational and special programs within the school. NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge, Colorado, as follows: A. The City Council authorizes a supplemental budget appropriation in the amount of$ from the General Fund undesignated reserves to account number 01-1 02-700-780 and amending the 2014 f iscal year budget accordingly for the purposes of sponsoring the 2014 Wheat Ridge High School Farmers 5000 . DONE AND RESOLVED this 231h day of June , 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Attachment 1 FARMERS 5000 Wheat R idge High School 9505 W . 32nd Avenue Wheat Ridge, CO 80033 May 21,2014 Mayor Joyce Jay City of Wheat Ridge 7500 West 29th Ave Wheat Ridge, CO 80033 RE: Farmers 5000 Sponsorship Dear Mayor Jay: First and foremost, let me thank you for your generous donation to the 2012 Farmers 5000. We netted over $21,000 which went directly back into Wheat Ridge High School. The 2013 race was also successful, and we were able to donate over $24,000 to the school. This money is used for special programs at the school and care is taken to see that all departments share in the proceeds. The 33rd Annual Farmers 5000 is scheduled Sunday, September 14th. We hope that your office will once again sponsor the race at the $1,000 level. Without the generous donation of businesses and individuals in the Wheat Ridge community we would not be as successful as we have been these past 30 years. Please make your donation out to Farmers 5000, addressed to the school at 9505 W 32"d Ave, Wheat Ridge, CO 80033. Thank you for your consideration and Go Farmers! Sincerely, Michelle DeiPiccolo Farmers 5000 Sponsorship Chair 303-916-5377 Attachment 2 5111 51RIIDIICE Presented by the Wheat Ridge High School PTSA SPONSORSHIP PROPOSAL SUNDAY, SEPTEMBER 14, 2014 WHEAT RIDGE HIGH SCHOOL, 9505 W. 32N° AVENUE, WHEAT RIDGE, CO 80033 Attachment 3 Farmers 5000 Background and Sponsorship Summary SPONSORSHIP SUMMARY The Farmers 5000, an important community event, relies on sponsors to meet its annual fund raising goal. Depending on the level of sponsorship chosen, your company will be acknowledged on the Farmers 5000 website (www.farmers5000 .org), recognized on the official Farmers 5000 race brochure and posters, and included in race signs, banners and t-shirts. The Farmers 5000 is a great way to gain exposure and promote your business in the Wheat Ridge community. Date: Location: Events: Registrations: Volunteers: Spectators: QUICK FACTS 2013 FARMERS 5000 September 15, 2013 Wheat Ridge High School, Wheat Ridge, CO SK Run/Walk, 1K Fun Run 761 100 200 FARMERS 5000 HISTORY In 1981 a group of Wheat Ridge High School parents and runners organized a road race to benefit Wheat Ridge High School. The purpose of the race was to raise money for the school, and to promote physical fitness and community spirit. All funds from entry fees are given to various educational and special programs within the school. Several years ago an elementary school challenge was added to promote not only physical fitness in our youth, but to also promote a sense of community within all of Wheat Ridge. The Farmers 5000 recently celebrated its 30 1 h running event and continues to grow in popularity as it annually kicks off the school year. It draws elite and recreational runners from all over the Front Range. Sponsorships are fully deductible as the WRHS PTSA is recognized as a registered 501- C-3 charity. FederaiiD# 84-6047965. Mile Sponsor-$250.00 each (Three available)-TWO AVAILABlE • Signage on course at your mile marker and for the half mile of course before the marker . • • Mile sponsors are invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers . Race day recognition by race announcer . Goody Bag Sponsor -$250.00 each (Four available) -SOLD OUT • Your logo on front of reusable goody bags, which are distributed to all registered runners as well as volunteers . • Goody Bag sponsors are invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers . • Race day recognition by race announcer . Contributing and In-Kind Sponsor-$100.00-$450.00 • Name will appear on a sponsorship flyer to be inserted in all race packets . • Name will appear on the Farmers 5000 webs ite. • Race day recognition . • Name will appear on a Contributing Sponsor Race Day Poster. Prize Drawings MILE 1 BROUGHT TO YOU IY: ~~'JHIIUJA::tll -....... . -Et-AU!IIIIa' • Any merchandise, services or refreshments contributed will receive recognition in the flyer and race day. • All contributions are tax deductible ) ) 2014 FARMERS 5000 SPONSORSHIP OPPORTUNITIES Major Sponsor -$2,500.00 • Large logo on the t -shirts (approx. 1,200). • Large logo on flyers (approx. 6,000). • Logo appears on race bibs . • Largest logo on posters, which are displayed at local businesses and area health clubs and recreation centers . • Logo on large major sponsor banners that hang at Kipling St. at 32"d Avenue and at Wheat Ridge High School. • Your corporate logo hung at the Start/Finish area (you provide banner). • One 10x10 space in the Finish Festival. • Race day recognition by race announcer. • Listed on Farmers 5000 website with a link to your website available • Major sponsors are invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers. • Includes 10 team t-shirts. Gold Sponsor -$1,500.00 • Logo appears on t-shirts (approx. 1,200). • Logo appears on flyers (approx . 6,000). • Logo appears on posters which are displayed at local businesses and area health clubs and recreation centers. • Your corporate logo hung at the Finish Festival (you provide banner). • One 10x10 space in the Finish Fest ival. • Gold sponsors are invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers . • Race day recognition by race announcer . • Listed on Farmers 5000 website, link to your website available. • Includes 6 team t-shirts . Silver Sponsor -$1,000.00 • Small logo on the t -shirts (approx. 1,200). • Logo appears on flyers (approx . 6,000). • Logo appears on posters which are displayed at local businesses and area health clubs and recreation centers . • One 10x10 space in the Finish Festival. • Silver sponsors are invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers. • Race day recognition by race announcer. • Listed on Farmers 5000 website, link to your website available. Bronze Sponsor -$500.00 • Logo appears on flyers (approx. 6,000). • Logo appears on posters which are displayed at local businesses and area health clubs and recreation centers. • Bronze sponsor is invited to insert an ad, coupon or item with their name on it in each of the packets prepared and distributed to approximately 1000 runners and walkers . • Race day recognition by race announcer. Sponsorship Reservation Agreement __ YES! We would like to be a sponsor of the 2014 Farmers 5000 TYPE OF SPONSORSHIP: (check one) __ Major Sponsorship -$2500 __ Gold Sponsorship-$1500 __ Silver Sponsorship -$1000 __ Bronze Sponsorship-$500 __ Mile Marker Sponsorship-$500 __ Goody Bag Sponsorship -$250 __ Contributing and in-kind Sponsorship (amount: $. __ _ CONTACT NAME ________________________ _ COMPANY NAME ________________________ ___ TELEPHONE NUMBER. ________________________ _ EMAIL _________________________ _ MAILING ADDRESS Please make checks payable to: Farmers 5000 Mail to: Farmers 5000 % Wheat Ridge High School 9505 W. 32"d Avenue Wheat Ridge, CO 80033 For further information, call Michelle DeiPiccolo, 303-916-5377. Sponsorships are fully deductible as the WRHS PTSA is recognized as a registered 501-C-3 charity. FederaiiD# 84-6047965.