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HomeMy WebLinkAboutCouncil Agenda Packet 03-12-18 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 12, 2018 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of February 12, 2018 and February 26, 2018 and Special Study Session Notes of February 26, 2018 PROCLAMATIONS AND CEREMONIES 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 an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA PUBLIC HEARING AND ORDINANCES ON SECOND READING 1. Council Bill 04-2018– amending Sections 11-201 and 11-401 of the Wheat Ridge Code of Laws, concerning the authorized activities of Marijuana Testing Facilities 2. Council Bill 06-2018 – repealing unnecessary Code Sections in Chapter 19 concerning Civil Service Procedures for the Police Department CITY COUNCIL AGENDA: March 12, 2018 Page -2- ORDINANCES ON FIRST READING 3. Council Bill 07-2018 – approving the rezoning property at 6320 W. 44th Ave. from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (NU-N) (Case No. WZ- 18-02/Wedgwood) DECISIONS, RESOLUTIONS AND MOTION 4. Motion to approve February and March Kaiser Permanente for February 2018 and March 2018 Membership Billing tin the amount of $195,376.34 and $218,976.12, respectively 5. Resolution 15-2018 – opposing Conversion Therapy for Minors in Wheat Ridge and Supporting a Statewide Ban against Conversion Therapy for Minors 6. Motion to approve the installation of a Traffic Calming Device on Ammons Street between 38th and 39th Avenues in accordance with the Neighborhood Traffic Management Program (NTMP) 7. Motion to approve Appointments to Boards and Commissions 8. Motion to Ratify the Mayoral Reappointment(s) of Shane Nicholson and Walt Pettit to the At Large Positions on the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, terms to expire March 2, 2023 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL 04-2018 - AN ORDINANCE AMENDING SECTIONS 11-291 AND 11-401 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE AUTHORIZED ACTIVITIES OF MARIJUANA TESTING FACILITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (2/12/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (3/12/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ ______________________________ City Attorney City Manager ISSUE: Council Bill 04-2018 authorizes City-licensed marijuana testing facilities to conduct all marijuana testing activities authorized by state law. Other types of activities, such as cultivation, product development and clinical trials, are still prohibited within testing facilities in the City. PRIOR ACTION: At the December 18, 2017 Study Session, City Council provided consensus to bring forward an ordinance that allows marijuana “testing facilities” to conduct a broader array of testing activities than is currently permitted by local law. The new array of testing activities that would be allowed are only those that state law currently defines, regulates and permits. FINANCIAL IMPACT: No financial impact is projected. BACKGROUND: During the 2017 legislative session, the state legislature adopted House Bill 17-1367, creating and authorizing two (2) new types of marijuana-related licenses: the “research and development” license and the “research and development cultivation” license. The new “research and development” license authorizes its holder to conduct a variety of activities, including the testing of marijuana, conducting clinical trials and investigations, and researching the efficacy and safety of marijuana as a medical treatment. Council Action Form – Authorized Activities of Marijuana Testing Facilities March 12, 2018 Page 2 The City currently allows and licenses “marijuana testing facilities” within the City. These City testing facilities are currently authorized to conduct only those activities that the state allows state-licensed “testing facilities” to conduct. HB 17-1367 allows the new “research and development” licenses to conduct additional types of testing activities. On December 18, 2017 the Council discussed the possibilities of authorizing additional marijuana testing activities in the City and/or authorizing “research and development” licenses in the City. Consensus of Council that evening was that no additional local license types are currently desired. Council expressed that it should consider permitting City “testing facilities” – a license type already locally allowed – to conduct the full gamut of testing activities authorized by state law, whether authorized under state law to “testing” licenses or to “research and development” licenses, under the state’s nomenclature. Council further directed that the draft ordinance make clear that any other activities authorized by state law to occur in “research and development” facilities – such as clinical trials, cultivation of marijuana, research projects – remain prohibited in City testing facilities. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill 04-2018, an ordinance amending sections 11-291 and 11-401 of the Wheat Ridge Code of Laws, concerning the authorized activities of marijuana testing facilities, on second reading and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill 04-2018, an ordinance amending sections 11-291 and 11-401 of the Wheat Ridge Code of Laws, concerning the authorized activities of marijuana testing facilities, for the following reason(s)_________________________________________.” REPORT PREPARED AND REVIEWED BY: Carmen Beery, City Attorney’s Office Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 04-2018 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DAVIS Council Bill No. 04 Ordinance No. ________ Series 2018 TITLE: AN ORDINANCE AMENDING SECTIONS 11-291 AND 11- 401 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE AUTHORIZED ACTIVITIES OF MARIJUANA TESTING FACILITIES 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 and Section 16, Article XVIII of the Colorado Constitution, the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., 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 marijuana establishments; and WHEREAS, such regulations, codified in part under Articles XII and XIII, respectively, of Chapter 11 of the Wheat Ridge Code of Laws (“Code”), authorize the location and conduct of marijuana “testing facilities” within the City; and WHEREAS, during the 2017 legislative session, the Colorado legislature adopted House Bill 17-1367, creating and authorizing two new types of marijuana-related licenses, the “research and development” license and the “research and development cultivation” license; and WHEREAS, the newly-created “research and development” license authorizes its holder to conduct a variety of activities, including the testing of marijuana, conducting clinical trials and investigations, and researching the efficacy and safety of marijuana as a medical treatment; and WHEREAS, the Council finds that the testing activities authorized by “research and development” licenses, under state law, are consistent and compatible with the testing activities that the City currently permits to be conducted by “testing facilities” within the City; and WHEREAS, the Council further finds that all other types of activities authorized by “research and development” licenses under state law, such as research, product development and clinical trials, are inconsistent and incompatible with the testing activities that City-licensed “testing facilities” may conduct; and ATTACHMENT 1 2 WHEREAS, the Council therefore wishes to authorize City-licensed “testing facilities” to also conduct only those testing activities authorized by state law to be undertaken by the new “research and development” licenses created by HB 17-1367. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-291 of the Wheat Ridge Code of Laws (“Code”), concerning definitions applicable to medical marijuana establishment licensing, is hereby amended by the following amendment to the existing definition: Medical marijuana testing facility shall mean a premises licensed TO TEST MARIJUANA AND MARIJUANA—INFUSED PRODUCTS pursuant to the Colorado Medical Marijuana Code to operate a business as described by C.R.S. § 12-43.3-405 (MEDICAL MARIJUANA TESTING LICENSE) AND/OR C.R.S. § 12-43.3-408(1)(A) (MARIJUANA RESEARCH AND DEVELOPMENT LICENSE). NOTWITHSTANDING ANY PROVISION OF THE COLORADO MEDICAL MARIJUANA CODE, OR THE RULES PROMULGATED THEREUNDER, TO THE CONTRARY, SUCH FACILITIES MAY CONDUCT TESTING ACTIVITIES ONLY; ANY OTHER ACTIVITY PERMITTED IN SUCH FACILITIES BY STATE LAW OR RULE, INCLUDING BUT NOT LIMITED TO CULTIVATION, RESEARCH, PRODUCT DEVELOPMENT AND CLINICAL TRAILS, ARE EXPRESSLY PROHIBITED. Section 2. Section 11-401 of the Code, concerning definitions applicable to retail marijuana establishment licensing, is hereby amended by the following amendments to two (2) existing definitions set forth thereunder: Medical marijuana testing facility shall mean a premises licensed TO TEST MARIJUANA AND MARIJUANA—INFUSED PRODUCTS pursuant to the Colorado Medical Marijuana Code to operate a business as described by C.R.S. § 12-43.3-405 (MEDICAL MARIJUANA TESTING LICENSE) AND/OR C.R.S. § 12-43.3-408(1)(A) (MARIJUANA RESEARCH AND DEVELOPMENT LICENSE). NOTWITHSTANDING ANY PROVISION OF THE COLORADO MEDICAL MARIJUANA CODE, OR THE RULES PROMULGATED THEREUNDER, TO THE CONTRARY, SUCH FACILITIES MAY CONDUCT TESTING ACTIVITIES ONLY; ANY OTHER ACTIVITY PERMITTED IN SUCH FACILITIES BY STATE LAW OR RULE, INCLUDING BUT NOT LIMITED TO CULTIVATION, RESEARCH, PRODUCT DEVELOPMENT AND CLINICAL TRIALS AND INVESTIGATIONS, ARE EXPRESSLY PROHIBITED. Retail marijuana testing facility means a person PREMISES licensed TO TEST MARIJUANA AND MARIJUANA—INFUSED PRODUCTS 3 pursuant to the Colorado Retail Marijuana Code to operate a business as described in C.R.S. § 12-43.4-405 (RETAIL MARIJUANA TESTING LICENSE) AND/OR C.R.S. § 12-43.3-408(1)(A) (MARIJUANA RESEARCH AND DEVELOPMENT LICENSE). NOTWITHSTANDING ANY PROVISION OF THE COLORADO MEDICAL MARIJUANA CODE, THE COLORADO RETAIL MARIJUANA CODE, OR THE RULES PROMULGATED THEREUNDER, TO THE CONTRARY, SUCH FACILITIES MAY CONDUCT TESTING ACTIVITIES ONLY; ANY OTHER ACTIVITY PERMITTED IN SUCH FACILITIES BY STATE LAW OR RULE, INCLUDING BUT NOT LIMITED TO CULTIVATION, RESEARCH, PRODUCT DEVELOPMENT AND CLINICAL TRIALS AND INVESTIGATIONS, ARE EXPRESSLY PROHIBITED. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 12th day of February, 2018, 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 March 12 , 2018, at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________ Bud Starker, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk 4 Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: February 15, 2018 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2018 – AN ORDINANCE REPEALING UNNECESSARY CODE SECTIONS IN CHAPTER 19 CONCERNING CIVIL SERVICE PROCEDURES FOR THE POLICE DEPARTMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (02/26/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (03/12/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This ordinance repeals Article II of Chapter 19 of the Code of Laws concerning civil service procedures for the Police Department. These procedures are outdated and no longer used. This is a City Code clean up item. PRIOR ACTION: Article II was last amended in 2002. FINANCIAL IMPACT: None. BACKGROUND: Article II of Chapter 19 of the Code of Laws provides civil service procedures applicable exclusively to the City’s Police Department. The subjects addressed in this Article have long since been more fully covered by City Personnel policies generally. The Article is outdated and unnecessary and should be repealed. Council Action Form – Repeal of Unnecessary Code Sections in Chapter 19 March 12, 2018 Page 2 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2018, an ordinance repealing unnecessary Code sections in Chapter 19 concerning civil service procedures for the police department, on second reading and that it take effect upon adoption.” Or, “I move to postpone indefinitely Council Bill No. 06-2018, an ordinance repealing unnecessary Code sections in Chapter 19 concerning civil service procedures for the police department, for the following reason(s) ________________. REPORT PREPARED BY: Gerald Dahl, City Attorney Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2018 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 06 ORDINANCE NO. _________ Series 2018 TITLE: AN ORDINANCE REPEALING UNNECESSARY CODE SECTIONS IN CHAPTER 19 CONCERNING CIVIL SERVICE PROCEDURES FOR THE POLICE DEPARTMENT WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, Article II of Chapter 19 of the Code of Laws provides civil service procedures applicable exclusively to the City’s Police Department. The subjects addressed in this Article have long since been more fully covered by City personnel policies generally; and WHEREAS, the City Council has determined that Article II of Chapter 19 of the Code of Laws is no longer needed and should be repealed. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article II of Chapter 19 of the Code of laws, comprising Code Sections 19-21 through 19-32, inclusive, is hereby repealed. Section 2. Effective Date. This Ordinance shall take effect upon adoption after second reading, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 26th day of February, 2018, 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 March 12, 2018 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2018. SIGNED by the Mayor on this _____ day of ____________, 2018. _________________________ Bud Starker, Mayor ATTACHMENT 1 ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: March 1, 2018 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2018 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6320 WEST 44TH AVENUE FROM NEIGHBORHOOD COMMERCIAL (N- C) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-02/WEDGWOOD) PUBLIC HEARING ORDINANCES FOR 1ST READING (03/12/2018) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/09/2018) RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ _____________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for property located at 6320 W. 44th Avenue. The proposed rezoning area includes one parcel, the total size of which is approximately a quarter of an acre. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU-N zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on March 1, 2018, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. Council Action Form – Rezoning 6320 W 44th from N-C to MU-N March 12, 2018 Page 2 FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City. Fees in the amount of $857.25 were collected for the review and processing of Case No. WZ-18-02. BACKGROUND: The property is located at 6320 W. 44th Avenue in the northeast quadrant of the City, directly south from Hopper Hollow Park. The property is currently zoned Neighborhood Commercial (N-C) which allows a limited range of commercial uses, such as office, general business, retail sales, and service establishments, which are oriented towards the local community and neighborhood. The primary structure on the property was originally built in 1948 and has served a variety of purposes over the years. It appears to have originally been constructed as a home. The City’s building permit records show that commercial signage was approved for the property in 1973. Additionally, the City’s sales tax records show that commercial business licenses were issued in 2003, 2006, and 2012. Surrounding Land Uses The site is zoned Neighborhood Commercial (N-C), and surrounding properties include a variety of zoning designations and land uses. To the north of the subject property along 44th Avenue are properties zoned Commercial-One (C-1), Neighborhood Commercial (N-C), and Mixed Use- Neighborhood (MU-N), all of which serve smaller scale commercial services, with the exception of one parcel which is occupied by Hopper Hollow Park. As you move further north from 44th Avenue, the zoning transitions to Residential-Two (R-2) and Residential-Three (R-3), which allow for medium density development in the form of single-family, two-family, and multi-family residential properties. To the east and west are properties zoned Restricted Commercial (R-C), Neighborhood Commercial (N-C), and Residential-Two (R-2). To the south is a neighborhood comprised of R-2 zoning, with the land use matching that zoning designation, with mostly single-family homes. Current and Proposed Zoning The proposed zone district, MU-N, provides for similar smaller-scale, neighborhood-serving commercial services as the existing N-C zone district. The significant difference between the existing and proposed zone districts is in the treatment of residential uses. In the N-C zone district, residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use, it cannot be converted back to a primary residential use under the current N-C zoning. Unlike in Neighborhood Commercial, new single family residential is a permitted use in the Mixed Use-Neighborhood zone district. The zone change would allow the property to be used residentially, commercially, or for a mix of residential and commercial. Council Action Form – Rezoning 6320 W 44th from N-C to MU-N March 12, 2018 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2018 an ordinance approving the rezoning of property located at 6320 W. 44th Avenue from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, April 9, 2018, at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill 07-2018 an ordinance approving the rezoning of property located at 6320 W. 44th Avenue from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Zack Wallace Mendez, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2018 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series of 2018 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6320 WEST 44TH AVENUE FROM NEIGHBORHOOD COMMERCIAL (N-C) TO MIXED USE- NEIGHBORHOOD (MU-N) (CASE NO. WZ-18-02 / WEDGWOOD) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Chris Wedgwood has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 6320 West 44th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses along W. 44th Avenue by virtue of it being designated a neighborhood commercial corridor; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 1, 2018 and voted to recommend approval of rezoning the property to Mixed-Use-Neighborhood (MU-N) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Chris Wedgwood for approval of a zone change ordinance from Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for property located at 6320 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THAT PART OF BLOCK 11, LAKE VIEW SUBDIVISION, DESCRIBED AS FOLLOWS: BEGINNING AT A POING 83 FEET WEST OF THE NORTHEAST CORNER OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF SAID BLOCK 11; THENCE WEST 75 FEET; THENCE SOUTH 150 FEET; THENCE EAST 75 FEET; THENCE NORTH 150 FEET TO THE POINT OF BEGINNING, EXCEPT PORTION THEREOF DESCRIBED IN BOOK 679 AT PAGE 375, ALSO KNOWN AS 6320 W. 44TH AVENUE, WHEAT RIDGE, CO 80033 Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 12th day of March, 2018, ordered it published with Public Hearing and consideration on final passage set for Monday, April 9, 2018 at 7:00 o’clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2018. SIGNED by the Mayor on this _______ day of _______________, 2018. ________________________________ Bud Starker, Mayor ATTEST: _______________________ Janelle Shaver, City Clerk Approved as to Form ______________________________ Gerald Dahl, City Attorney 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO KAISER PERMANENTE FOR FEBRUARY 2018 AND MARCH 2018 MEMBERSHIP BILLING IN THE AMOUNT OF $195,376.34 AND $218,976.12, RESPECTIVELY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: For 2018, the City offers employees two medical plans through Kaiser Permanente; a High Deductible plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former employees who choose to enroll. February monthly billing is in the amount of $195,376.34 and March monthly billing is in the amount of $218,976.12 which requires City Council approval. PRIOR ACTION: Approval of January 2018 Kaiser bill. FINANCIAL IMPACT: While monthly costs vary depending on the number of employees and dependents enrolled, for 2018 these costs will average around $195,000 per month. The February and March 2018 bills are for active and COBRA membership billing. Monthly bills over $75,000 will be brought to City Council for approval. BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. Council Action Form – Kaiser February and March 2018 Billing March 12, 2018 Page 2 Based on the City’s shift to two deductible plans and a robust wellness program, Kaiser plan renewals have been minimal compared to the market the past two years. RECOMMENDATIONS: It is our recommendation to pay the February and March 2018 Kaiser bills. RECOMMENDED MOTION: “I move to pay the February 2018 Kaiser bill in the total amount of $195,376.34 and the March 2018 Kaiser bill in the total amount of $218,976.12.” Or, “I move to deny the payment of the February 2018 Kaiser bill in the amount of $195,376.34 and the March 2018 Kaiser bill in the amount of $218,976.12 for the following reason(s) _______________________________________________.” REPORT PREPARED/REVIEWED BY: Tamara Dixon, Human Resources Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. 2018 February Kaiser Bill 2. 2018 March Kaiser Bill ATTACHMENT 1 ATTACHMENT 2 ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 15-2018 – OPPOSING CONVERSION THERAPY FOR MINORS IN WHEAT RIDGE AND SUPPORTING A STATEWIDE BAN AGAINIST CONVERSION THERAPY FOR MINORS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: At Council’s request, the topic of conversion therapy was brought before Council as a discussion item at the February 26th study session. The Colorado cities of Edgewater and Westminster have passed proclamations or resolutions addressing the opposition of conversion therapy. Currently there are nine U.S. states that have banned conversion therapy on minors: New Jersey (2013), California (2012), Oregon(2015), Illinois(2015), Vermont(2016), New Mexico(2017), Connecticut(2017), Rhode Island(2017), and Nevada (2017). BACKGROUND: Conversion therapy is a harmful practice, especially for younger people. Over the years, many professional organizations have stated this fact formally. The American Psychological Association, American Academy of Child and Adolescent Psychiatry, American School Counselor Association and other professional organizations concluded that sexual orientation and gender identity change efforts can pose critical health risks to lesbian, gay, bisexual, transgender and queer (LGBTQ) people. Despite the overwhelming evidence that this is a destructive practice, it is still being administered, often by licensed professionals. In 2001, United States Surgeon General David Satcher issued a report stating there is no evidence conversion therapy is effective. In 2007, the American Psychological Association Council Action Form – Conversion Therapy Opposition March 12, 2018 Page 2 convened a task force that concluded LGBTQ people subjected to conversion therapy are eight times more likely to attempt suicide, nearly six times as likely to report depression, three times as likely to use illegal drugs, and more than three times as likely to be at high risk for HIV and sexually transmitted infections. Starting in 2013, other states and municipalities in our nation began passing laws banning conversion therapy. By continuing to raise awareness on the municipal level, future abuses may be prevented. Recognizing the harmful abuse of conversion therapy promotes a healthy and inclusive community where LGBTQ people are welcomed and engaged. RECOMMENDATIONS: Staff recommends approval of the resolution to raise awareness of this issue in effort to prevent future abuses and to encourage the state to approve a statewide ban of conversion therapy. RECOMMENDED MOTION: “I move to approve Resolution No. 15-2018, a resolution opposing conversion therapy for minors in Wheat Ridge and supporting a statewide ban against conversion therapy for minors Or, “I move to table indefinitely Resolution No. 15-2018, opposing conversion therapy for minors in Wheat Ridge and supporting a statewide ban against conversion therapy for minors for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY: Carly Lorentz, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2018 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2018 TITLE: A RESOLUTION OPPOSING CONVERSION THERAPY FOR MINORS IN WHEAT RIDGE AND SUPPORTING A STATEWIDE BAN AGAINIST CONVERSION THERAPY FOR MINORS WHEREAS, the City of Wheat Ridge is an inclusive community and believes that all people are entitled to their own identity and to be welcomed as they are; and WHEREAS, the American Psychological Association, American Academy of Child and Adolescent Psychiatry, American School Counselor Association and other professional organizations concluded that sexual orientation and gender identity change efforts can pose critical health risks to lesbian, gay, bisexual, transgender and queer people, including depression, suicide, substance abuse, self-hatred and a feeling of being dehumanized; and WHEREAS, the City of Wheat Ridge acknowledges that conversion therapy to change one's sexual orientation, gender identity or gender expression is a harmful practice and form of emotional and physical abuse ; and WHEREAS, the City of Wheat Ridge knows that being lesbian, gay, bisexual, transgender and/or queer is not a disease, disorder, deficiency or shortcoming. In fact, being part of the Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) community is a diversity to be celebrated and one of the many cultural groups within our community; and WHEREAS, the City of Wheat Ridge is in favor of Colorado joining the nine states that have banned conversion therapy for minors; and WHEREAS, we as a community can prevent future abuses from conversion therapy by raising awareness of this issue. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that the City of Wheat Ridge is: OPPOSED TO CONVERSION THERAPY in the City of Wheat Ridge, and I call upon the people of Wheat Ridge to recognize this abuse against LGBTQ people, specifically our LGBTQ youth, and to stand against it in our community. DONE AND RESOLVED this 12th day of March 2018. Bud Starker, Mayor ATTEST: Janelle Shaver, City Clerk ATTACHMENT 1 ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE INSTALLATION OF A TRAFFIC CALMING DEVICE ON AMMONS STREET BETWEEN 38TH AND 39TH AVENUES IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: Recently, residents on Ammons Street petitioned the City to address traffic issues for the segment from 38th to 39th Avenue. In accordance with the City’s Neighborhood Traffic Management Policy (NTMP), the City conducted a public process and met with residents over two neighborhood meetings to discuss and address traffic issues, primarily speeding. Residents subsequently secured a petition with the necessary amount of signatures to support the installation of a traffic calming device (speed hump), in accordance with NTMP policy. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program was approved in the Neighborhood Traffic Management Projects line item of the 2018 Capital Improvement Program Budget in the amount of $30,000. A speed hump is estimated to cost approximately $6,000. BACKGROUND: On April 28, 2014, the City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods Council Action Form – Traffic Calming Device – Ammons Street March 12, 2018 Page 2 by reducing the negative impact of vehicular traffic on residential streets. The program guide was established with a policy and intent to explore available means such as enforcement, education and engineering to address concerns and issues. The policy intent is also to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP essentially provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. This particular segment of Ammons Street (38th Ave. to 39th Ave.) was part of the greater neighborhood of Ammons Street, from 38th to 44th Avenue that went thru the NTMP process, starting in January 2015. Meetings were conducted with residents to examine the extent of the issue and to explore available remediations. Traffic studies were conducted to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, and drainage and roadway geometry. Staff determined that the street segment is suitable for a traffic calming treatment. As a result of the previous meetings, residents between 41st and 44th elected to install speed limit signs as mitigation on their block in 2015. At that time, residents on Ammons Street on the block of 38th to 39th Avenue did not collectively express enough support for the installation of traffic control devices. More recently however, residents submitted a petition with the required number of signatures for installation of speed humps. Staff identified one location for treatment for the requested segment between 38th to 39th Avenue. This segment of Ammons Street is not part of an emergency route and is therefore eligible for a traffic calming feature placement in the roadway. A petition of majority support for the petition segment was received on February 5, 2018, requesting City action to move forward with installation of a speed hump. In accordance with the City’s adopted NTMP, speed humps can be ordered for installation by the City Council if at least 80% of residents in a designated street segment area sign the petition, including the residents who reside immediately adjacent to the speed hump. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for one speed hump as referenced above. RECOMMENDATION: Residents on Ammons Street in the petition segment (38th to 39th Avenue) have satisfied the process outlined in the NTMP policy and through the Staff evaluation process. As a result, staff recommends moving forward with installation of a speed hump on Ammons Street as specifically requested by the residents. RECOMMENDED MOTION: “I move to approve the installation of a traffic calming device on Ammons Street between 38th and 39th Avenue in accordance with the Neighborhood Traffic Management Program.” Council Action Form – Traffic Calming Device – Ammons Street March 12, 2018 Page 3 Or, “I move to postpone indefinitely the installation of a traffic calming device on Ammons Street between 38th and 39th Avenue in accordance with the Neighborhood Traffic Management Program for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map ATTACHMENT 1 Proposed Traffic Calming Device Ammons Street between 38th and 39th Avenues ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel 8, Facebook, and the City’s Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by the Clerk’s Office with notification sent to Council on the status. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: March of the current year is the annual renewal period for Board and Commission appointments. RECOMMENDATIONS: See Attachments for detailed list of district appointments and applicants. RECOMMENDED MOTION: “I move to appoint ______________________ to the ______________________ Board/Commission: term to expire _______________________ see attachment 1. Council Action Form – Board and Commission Appointments March 12, 3018 Page 2 Or, “I move to postpone indefinitely the Board and Commission appointments for the following reason(s) .” REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Detailed appointments by position and District 2. Applicant List 3. Board and Commission Applicants Received ATTACHMENT 1 2018 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: ______________________to the Board of Adjustment, term ending 3/2/21 ______________________to the Cultural Commission, term ending 3/2/21 ______________________to the Liquor Authority Board, term ending 3/2/21 ______________________to the Parks and Recreation Commission, term ending 3/2/21 ______________________to the Planning Commission, term ending 3/2/21 DISTRICT II I move to appoint: ______________________to the Cultural Commission, term ending 3/2/21 ______________________to the Parks & Recreation Commission, term ending 3/2/21 ______________________to the Liquor Authority Board, term ending 3/2/21 DISTRICT III I move to appoint: ______________________to the Board of Adjustment, term ending 3/2/21 ______________________to the Building Code Advisory Board, term ending 3/2/21 ______________________ to the Cultural Commission, term ending 3/2/21 ______________________to the Liquor Authority Board, term ending 3/2/21 ______________________to the Parks & Recreation Commission, term ending 3/2/21 ______________________to the Planning Commission, term ending 3/2/21 DISTRICT IV I move to appoint: ______________________to the Board of Adjustment, term ending 3/2/21 ______________________to the Building Code Advisory Board, term ending 3/2/21 ______________________to the to the Cultural Commission, term ending 3/2/21 ______________________to the to the Liquor Authority Board, term ending 3/2/21 ______________________to the Planning Commission, term ending 3/2/21 AT-LARGE I move to appoint: ______________________to the Cultural Commission, term ending 3/2/21 ______________________to (as) the JeffCo Library Board Liaison, term ending 3/2/21 ______________________to the Board of Adjustment (to fill a vacancy), term ending 3/2/20 ATTACHMENT 2 Term Ending Board District Current Member Other Applicants DISTRICT I 03/02/2018 Board of Adjustment I Dan Bradford None 03/02/2018 Cultural Commission I Ronald Gehauf Scott Wesley, Jessica Schwartz 03/02/2018 Liquor Authority I Carolyn Peterson None 03/02/2018 Parks & Rec Commission I David Feiertag** Robert DeVries Sandra Banghart 03/02/2018 Planning Commission I Dirk Boden Richard Peterson Robert DeVries Sandra Banghart DISTRICT II 03/02/2018 Cultural Commission II Jill Shannon None 03/02/2018 Liquor Authority II Elizabeth Nazarenus Leonard Ortiz 03/02/2018 Parks & Rec Commission II Charles Spielman Chad Schneckenburger Krystal Knutson DISTRICT III 03/02/2018 Board of Adjustment III Janet Bell None 03/02/2018 Building Code Advisory III Ronald Abo None 03/02/2018 Cultural Commission III David Opp None 03/02/2018 Liquor Authority III Paul Shaver None 03/02/2018 Parks & Rec Commission III Guy Nahmiach None 03/02/2018 Planning Commission III Amanda Weaver Melissa Antol DISTRICT IV 03/02/2018 Board of Adjustment IV Sally Banghart* Daniel Larson D IV*** 03/02/2018 Building Code Advisory IV John Kellow None 03/02/2018 Cultural Commission IV Sandra Nance** Val Nosler 03/02/2018 Liquor Authority IV Bruce McIntyre None 03/02/2018 Planning Commission IV Janet Leo Daniel Larson*** AT-LARGE 03/02/2018 Cultural Commission AL Gay Porter DeNileon None 03/02/2018 JeffCo Library Board AL Nicole Carter** Alejandra Major, Kimberly Ibbison 03/02/2020 Board of Adjustment AL Vacant Robert Devries (D1) Daniel Larson (DIV) * DENOTES: * Lives out of District –appointed to fill a position ** Did not re-apply for position *** Filed application after deadline ATTACHMENT 3 ITEM NO: DATE: March 12, 2018 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RATIFY THE MAYORAL REAPPOINTMENT(S) OF SHANE NICHOLSON AND WALT PETTIT TO THE AT LARGE POSITIONS ON THE WHEAT RIDGE URBAN RENEWAL AUTHORITY dba RENEWAL WHEAT RIDGE, TERMS TO EXPIRE MARCH 2, 2023 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: There are two At Large Positions on the Renewal Wheat Ridge Board that have terms that expire on March 2, 2018. Shane Nicholson currently serves as the At Large representative on Renewal Wheat Ridge with his term expiring on March 2, 2018. Walt Pettit currently serves as the At Large representative on Renewal Wheat Ridge with his term expiring on March 2, 2018. Mr. Nicholson and Mr. Pettit were contacted to see if they were interested in reapplying for a five- year term on Renewal Wheat Ridge. Both Mr. Nicholson and Mr. Pettit responded they would like to serve for five more years. Mayor Starker is requesting ratification of the reappointments of Mr. Nicholson for a five-year term to expire March 2, 2023, and Walt Pettit for a five-year term to expire March 2, 2023. PRIOR ACTION: None Council Action Form – Renewal Wheat Ridge Reappointments March 12, 2018 Page 2 FINANCIAL IMPACT: None BACKGROUND: Members of Renewal Wheat Ridge are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor Starker is recommending that Shane Nicholson be reappointed to Renewal Wheat Ridge, At Large position, term to expire March 2, 2023. Mayor Starker is recommending that Walt Pettit be reappointed to the Renewal Wheat Ridge, At Large position, term to expire March 2, 2023. RECOMMENDED MOTIONS: 1) “I move to ratify the Mayoral reappointment of Shane Nicholson, At Large, to the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2023.” 2) “I move to ratify the Mayoral reappointment of Walt Pettit, At Large, to the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2023.” Or 1) “I move to postpone indefinitely the Mayoral reappointment of Shane Nicholson to the At Large Position of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2023 for the following reason(s) ___________________.” 2) “I move to postpone indefinitely the Mayoral reappointment of Walt Pettit to the At Large Position of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term to expire March 2, 2023 for the following reason(s) _____________________.” REPORT PREPARED/REVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and Council Patrick Goff, City Manager ATTACHMENTS: 1. Shane Nicholson, Application for Reappointment 2. Walt Pettit, Application for Reappointment 3. Renewal Wheat Ridge Applications Received ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3