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.
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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
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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 . .
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N State Pt ane Coord1nate Projeaion A Colorado Cerual Zone
Datum : NAD83
Attachment 2
Revised May 21 , 2014
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ARVADA
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demographk: inform.tion . Relance ~on the aecur~~cy,
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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
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Revosed May 14, 2014
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... . ., 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
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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
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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.