HomeMy WebLinkAbout10/17/2005
STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
MUNICIPAL BUILDING
7500 W. 29th Ave.
October 17.2005
6:30 p.m.
APPROVAL OF MINUTES OF SEPTEMBER 19. 2005
APPROVAL OF AGENDA
Item 1.
Item 2.
Item 3
Item 4
Item 5.
Staff Reports
a. Police Department Strategic Plan, Goal 5 Update
X-Zone Code Changes
Extension of Parfet Street North of Ridge Road
Designated Emergency Response Authority (DERA)
Animal Control Updates
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
RECREATION CENTER
4005 Kipling Street
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CARNATION ROOM
September 19,2005
Mayor Gretchen Cerveny called the meeting to order at 6.35 p.m. City Council members
present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike
Stites, Larry Schulz, Lena Rotola; Also present: Randy Young, City Manager; Patrick
Goff, Deputy City Manager; City Clerk Pam Anderson; Mary Cavarra, City Treasurer;
Police Chief Dan Brennan; Alan White, Director of Community Development; Joyce
Manwaring, Director of Parks and Recreation; staff and interested citizens.
APPROVAL OF THE MINUTES
of August 1,2005 and August 15,2005
Motion by Mr. Gokey to approve the Study Session Minutes of August 1, 2005 and
August 15, 2005 as printed, seconded by Mr. Schulz; carried 8-0
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APPROVAL OF THE AGENDA
as printed.
Item 1
Staff Reports
City Manager Randy Young introduced the item which included the following two (2)
staff reports.
Director of Community Development Alan White briefed the City Council and asked
direction regarding the request from the Executive Director of Head Start requesting the
waiving of fees for the construction of the Wheat Ridge facility Discussion followed
about the options Direction was given to bring forward a resolution to waive the use
fee.
Director of Parks and Recreation Joyce Manwaring updated Council on the status of the
negotiations with the Northwest Lakewood Sanitation District property. The discussions
will continue to renegotiate the appraised price of the property due to the results of the
Phase II environmental study.
Mr. Young distributed a draft resolution to be considered at the next City Council
meeting regarding the concurrence of the City of Wheat Ridge for the phasing and
funding of the 1-70/32nd Avenue Interchange System Level Feasibility Study Mr. Young
asked Council members to review the draft and get back to him with comments.
CITY COUNCIL STUDY SESSION MINUTES: September 19, 2005
2
Item 2.
Neighborhood Revitalization Strategy
The item was introduced by Jeff Winston of Winston and Associates He introduced his
team which included Charles Buki, Cathy McCormick, Dave Belki, Mary Roosevelt,
Jessica Brundage, and Paul Glasgow.
Mr Belki and Mr Buki spoke to the progress on the Neighborhood Revitalization
strategy and updated City Council on the process of implementation of Wheat Ridge
2020. The nominating process includes establishing the Nominating Committee,
initiating committees, developing administrative manuals and operations, and begins the
work of neighborhood initiatives. Mr Belki also outlined the evolving nature of the
process in becoming a partner to the City and the role of the City and Council both in
the short and long term
Ms. McCormick spoke about the structure, training and requirements of the Nominating
Committee Ms Roosevelt defined Wheat Ridge 2020 as a community-based
development corporation and updated the Council on the progress with incorporation.
Discussion followed regarding the sub-area planning process and timelines, community
meetings and outreach, and development of the X-zone process.
Recess was called at 7'55 p m. The meeting resumed at 803 P m.
The City Council proceeded with nomination and election of Council appointees to the -
Nominating Committee of Wheat Ridge 2020. After three (3) ballots, Karen Adams and
Lena Rotola were elected the appointees for the Nominating Committee for Wheat
Ridge 2020
Item 3
Police Pension Plan
Joe Cassa, Chairman of the Wheat Ridge Police Pension Board, introduced the
following members of the Pension Board Police Chief Dan Brennan, Mayor Gretchen
Cerveny, City Treasurer Mary Cavarra, Board Member Fred Bright, and City Clerk Pam
Anderson. Also in attendance Pension Board Attorney John McNally and Sean Waters,
Cook Street Consulting. Chairman Cassa outlined the proposed amendments to the
Police Pension Plan including increasing the Pension Board by one (1) sworn member,
changing the vesting schedule to seven (7) years, and several changes to bring the plan
into compliance with state and federal statutes. Discussion followed The proposed
ordinance will come forward at the next City Council meeting, and a resolution
approving the adoption of the modified plan will follow
CITY COUNCIL STUDY SESSION MINUTES: September 19, 2005
3
Meeting adjourned at 9:21 pm.
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Pamela Y. Anderson, City Clerk
APPROVED BY CITY COUNCIL ON
BY A VOTE OF to
Lena Rotola, Council President
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STUDY SESSION
Item 1.
October 17, 2005
WHEAT RIDGE POLICE DEPARTMENT
MEMORANDUM
FROM:
Randy Young, City Manag~
Daniel Brennan, Chief of Police \hV
September 22, 2005
TO:
DATE.
SUBJECT:
STRATEGIC PLAN, GOAL 5
BACKGROUND
In 2001, the Police Department was given operational responsibility for code enforcement
activities in the City This function was combined with the animal control and parks enforcement
functions resulting in the unit now known as Animal Parks Code Enforcement Unit (APCE).
When the code enforcement function was added, there were no additional personnel resources
given to the unit. Adding the code enforcement unit to the Animal Parks Unit resulted in a 32%
increase in calls for service (CFS) when comparing 2000 CFS (2,581) to 2001 CFS (3,815). In
2003, the APCE Unit responded to 6,544 CFS and 4,256 CFS in 2004. The unit has responded
to 2,828 CFS through August 2005, an average of 354 CFS a month.
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The APCE Unit has also seen a steady increase in Service Requests. In 2003, the APCE Unit
received 239 service requests, 213 in 2004 and 121 service requests to date in 2005
In the 2005 Citywide Goals and Objectives, the City addressed the goal of creating better quality
housing stock (GoalS). One of the action steps identified in this goal was code enforcement
and compliance enhancements to include.
).. Staff report identifying concerns, problems, specific locations, specific landlords
).. Develop specific recommendations based on direction from City Council at a study
session (Type I).
).. Conduct study session (Type II) to brief Council on recommendations.
).. Implement Recommendations.
OVERVIEW OF CONCERNS/PROBLEMS
The APCE Unit has been challenged by several factors since the code enforcement function
was given to the police department in 2001 These factors include.
o A lack of personnel resources and significant staffing shortages between
2001 and 2005
o Seasonal call load.
o A lack of a clear and concise statement of mission that has impacted
service delivery and understanding of code enforcement efforts and
direction.
o Problem locations and landlords.
Personnel Resources
When Code Enforcement was moved to the Police Department, there was an understanding
that two additional positions would be added to the current staffing level of a supervisor and four
(4) animal control and parks officers. For budgetary reasons, that did not occur and the APCE
Unit handles code enforcement, animal control and parks enforcement with the same staffing
levels as it had prior to acquiring the code enforcement function.
Staffing shortages have resulted in a "base service model" approach to customer service by this
unit. Between 2001 and 2005 the unit had eight (8) employees leave the unit, making consistent
service delivery problematic and significantly impacting the ability of the APCE Unit to respond
efficiently and effectively to calls for service and conduct follow-up investigations. The Police
Department anticipates the APCE Unit will be fully staffed by the end of September, 2005 This
includes an over-hire position that was approved in 2005 bringing the staffing levels for the unit
to one supervisor and five (5) officers.
Seasonal Call Load
A workload analysis of the APCE Unit call load has revealed a seasonal fluctuation in call load,
particularly as it pertains to code enforcement related calls An annual review of the call load for
the APCE Unit shows an increase in call load beginning in March, and a steady increase in calls
through September. after which the call load decreases. The table below depicting the 2004
call load for the APCE Unit is reflective of the monthly call load'
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Month Total CFS
January 214
February 245
March 381
April 307
May 483
June 448
July 494
AUQust 521
September 345
October 298
November 261
December 259
Statement of Mission
There appears to be a difference in perceptions regarding the code enforcement mission that
exists between the APCE Unit, City Council and City Staff. The difference is primarily in how
code issues are enforced, i e. strict enforcement of violations vs. bringing violators into
compliance Unfortunately, none of the issues in code enforcement is this black and white. The
current approach used by APCE, to bring violators into compliance, oftentimes requires officers
to respond to locations multiple times in an effort to gain compliance.
This impacts customer service response on new calls for service, as well as their ability to be
proactive in code enforcement, animal control and parks-related enforcement. For instance, the
APCE Unit spent very little time this past year patrolling the parks due to staffing shortages
This was primarily a patrol function.
The Police Department is committed to providing the highest level of standards of service in
partnership with the community To meet this standard, the APCE must become more proactive
and progressive in problem-solving the cause(s) of the problems resulting in the call for service.
This requires finding opportunities to provide them with more time to develop problem-solving
strategies. The APCE Unit must use the tools of education, compliance and enforcement. It
means giving officers the discretion to make decisions on resolving complaints.
Problem locations and landlords
The APCE Unit conducted a review of CFS between August 1, 2003 and July 31, 2005 of
residences that had been contacted ten (10) or more times. Twenty-seven (27) addresses met
this criterion. A review of records from the Jefferson County Assessor's Office indicates that
fourteen (14) of these properties are rental. The majority of the landlords don't live on the same
property and three are out of state landlords.
The APCE Unit also identified ten (10) names and associated addresses as problem locations
and/or landlords. Since 2000, the APCE has had 573 contacts at these locations. Based on the
voluntary compliance approach used previously, very few of these contacts resulted in a
summons being issued The majority of these addresses are rental locations and often locations
_ where patrol officers respond to as well.
ALTERNATIVES
There are really only two alternatives to consider'
y Continue to handle code enforcement calls for service in the current manner
y Make a change to a more proactive and progressive approach to problem-solving code
enforcement issues that include education, compliance and enforcement as an
organizational approach.
RECOMMENDATION
The Police Department recommends a change to a proactive and. progressive approach to
problem-solving code enforcement issues to include partnerships with stakeholders, an
educational approach. voluntary compliance and enforcement.
This approach has several components I would like to highlight:
Partnerina With Stakeholders
There are a number of stakeholders that Code Enforcement should partner with to share
information and ideas. APCE should work closer with Community Development and the Building
Inspectors in addressing planning issues and discussing strategies to address chronic problem
locations.
In addition, APCE should be a part of the community policing efforts in the Patrol Sectors and
participate in meetings within these sectors to discuss problem locations Additionally, Code
Enforcement should work closely with the Municipal Court and City Attorney to address the
criminal and civil legalities surrounding code ordinances. Finally, the APCE Unit should partner
with the WR2020 so that code enforcement related issues can be addressed
Educational Approach
Education is the key to voluntary compliance in the community The APCE Unit has a number
of innovative ideas pertaining to educating the public such as using Channel 8, local
newspapers, the City website and internet to reach out to the community In addition, the unit is
working to develop educational brochures that can be given to citizens that contain information
relevant to the specific call and resource information.
In addition, it is important for the APCE Unit to be available to attend community meetings to
answer questions from community members and to present programs. The establishment of a
Neighborhood Watch Program by the Police Department would help facilitate this approach
Voluntary Compliance
Getting citizens to voluntarily comply with the law is the goal of every public safety entity One
of the challenges of voluntary compliance is where to draw the line between voluntary
compliance and enforcement. A part of the voluntary compliance piece lies in giving discretion
to our APCE officers to make decisions on allowing for voluntary compliance, and the use of
discretion in determining when to take enforcement action. Less time should be spent in gaining
voluntary compliance through the development of standards that allow officers to deal with -
repeat or chronic offenders differently
Enforcement
Changing the community's view on the importance of code enforcement, particularly in light of
the NRS strategies and WR2020, is crucial to our success. This will involve an enforcement
approach when responding to code violations based on the nature of the violation, the number
of violations, and previous history of code related complaints
Our approach to code complaints needs to be more progressive and proactive. This means
looking at potential changes to our Code of Laws. Potential changes could include suggestions
to streamline processes for billing property owners when the City has to cleanup a property and
requiring landlords to register with the City in an attempt to facilitate locating actual property
owners.
Lastly, the APCE has begun the process of change to a more proactive and progressive unit.
The unit will soon be known as the Community Services Unit, a name more befitting their
functions (animal, parks and code enforcement) and the community partnership approach the
unit will be taking. This change will include new uniforms and a more consistent uniform
appearance. The unit supervisor, Rollie Inskeep has visited both the code enforcement units in
Aurora and Ft. Collins to see what proactive code enforcement programs they have developed
and will bring forward new ideas and programs in the future. For instance, APCE officers will
soon be assigned geographic responsibility to specific areas in the City This will allow the
officer to develop a better sense of the issues in specific geographic areas, and facilitate the
communication between City Staff, Council and community members.
STUDY SESSION
Item 2.
October 17, 2005
WINSTON
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MEMORANDUM
ASSOCIATES
TO: WHEAT RIDGE CITY COUNCIL
FROM: PAUL GLASGOW,JEFF WINSTON
SUBJECT POTENTIAL CODE REVISIONS TO IMPROVE THE DEVELOPMENT REVIEW
PROCESS IN CONFORMANCE WITH THE NRS
DATE: 10/7 /2005
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Background:
Pursuant to the Neighborhood Revitalization Strategy (NRS), and working with Winston Associates,
the City staff has undertaken an analysis of Code-related problems that dmunish the effecnveness of
the City's development review process. These problems include: suburban standards that are
inconsistent ,,~th our urban conditions; contradictions between zoning requirements and design
guIdelines (38'" Ave for example); and a generally laborious and tlme-consuming process that doesn't
necessarily result in better projects.
It is clear that the City needs to consider a variety of options to encourage solunons suggested In the
~RS. Ths memo outlines preliminary thoughts about a temporary, interim zone and/or process
beIng studied by the staff and Winston Associates that would encourage quality development dunng
the time Jt will take to comprehensively revise our land use code. It is our intent to provide here a
brief overview of this approach in this memorandum, and then to more fully present the concept and
opnons at the upcoming Council work session on October 17'"
Overview
This Intenm zone/process (referted to as the X-zone or PUD-x) has the potential to also provide a
'testing ground' for land use code reviSIOns. That tool is an experimental zone, which would add a
temporary / expenmental admInlstranve review process to the city Staffs tool kit. By allOWIng the
staff flexibihty to balance developer's obJectives with quality deslgn principles that will enhance the
publIc benefits, tlus tool would provide regulatory flexibility, and express an "open for business"
amtude on the part of the City This Intenm zone/process would allow the staff to ImmedIately start
balancing residential and commercial profile consistent with the NRS. It does not reduce any current
options, i.e. use by right, variance applications a developer has today The concepts inherent in the
lmplementation of this tool are outlined below If thlS approach proves to be workable Qegally
defensible, effiClent, easy to adnunister), it will be important that the Planning Commission and City
Council be willing to gJve the Staff the flexibility and administrative authority to work creatively with
potennal developers. At this point we feel that flexibility and authority will enable the staff to
provide solutions reqUlred to implement the NRS.
Code-related Directions of the NRS:
Per the NRS, the city has charted a new course intent on balancing the City's development spectrum
and generally revitalizing the City's economic profile. The NRS charts a regulatory em~ronment
which encourages high quality development and notes that the City must have a legible and
comprehensible land use codes which encourage quality development. To achieve this goal, it is
clear that Wheat Ridge must express an open for business message to the development community
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Of paramount Interest here are inappropriate regulatory controls and that current regulations must
be updated.
On-the-Ground Analysis: The problems with the regulations are known, solutions are less clear
From the a thorough review of current documents guiding, specifically the Wheat fudge Streetscape
and Architectural Design Manual (the 'Manual') and the Code of Laws Chapter 26 (Zorung and
Development) it is apparent that difficulties emerge when implementIng, Interprenng or enforcIng
the regulations in these two documents. This revIew uncovered speCIfic rules and regula nons that
discourage developers from entertaining the highest and best use of the land in question. TIm
revIew affirms the NRS:
Necessary land use changes include such areas as:
Landscaping
Parking
Slgnage
Setbacks/Build to Lnes
Residential Uses 1n Commercial Zones
Zoning Apphcation Revie\\. Processes
Nonconfonnities
\Xbile the problems with current regulations are easy to identify, the best method to address them is
not. Codes are complex documents, and what appears to be a simple solunon can have significant
unintended consequences. As the NRS states: codes that accomplish [the NRS] goals can be ennrely
different in extremely similar communines. That IS, what works in one city, mIght not work in the
another. Before a new round of code reviSlOns are begun, it will be extremely beneficial to "test
drive" potential solutions to determine what will work best In \X'heat fudge's unique conditions.. To
illustrate, while the \Vheat Ridge Streetscape and Architectural Design Manual was wrItten WIth full
knowledge of the problems, it codified inappropriate solutions.
To test possible solutions, and allow development process to move forward WIthout having to Walt
for Code revisions (to send the message that: "Wheat Ridge is open for (good) business"), \Xiinston
Associates and the Community Development staff are suggesting an experimental zone or process
(the 'X-Zone') as a potential solution. While the actual legal approach which best implements the X-
zone is not vet clear, (i.e. whethet it is a zone or PUD), and will be reVIewed carefully with the City
Attorney, we think the general obJectives, function, procedures and requirements are clear.
First, under one concept the 'X-zone' could be an overlay district that would contain performance
standards, extracted from the NRS. Performance review standards would gIVe the City staff the
flexibility to apply alternanve options to current regulations. The X-zone would also include an
expedited process that would be an alternative to the current 'unwieldy' development review process.
The expedited review process might include for example, a conceptual deSign review Compliance
with the mutually agreed standards arising from the conceptual review would convey to the applicant
a basIC entitlement (e.g. density, unit types) that will gIVe the applIcant confidence and financial
assurety to allow the project to proceed.
The benefit of this process is that it will allow tesnng of planning concepts (evolved through the
performance standards) that can be converted to Code revisions. However, this also entails a degree
of empowerment of the Staff to make decisions on a case-by-case basis. This will only be required
during a finite period while the Code is being revised (say 18 months). To be successful, the Staff
must have full support of all city agencies when implementing the X-zone. Support is a
necessity as the X-zone is attempting to find an appropriate solution to problems outlined in the
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NRS. It attempts to change 30 plus years of momentum. Finally, the X-zone will encourage the
adequate planning opoons necessary to Implement the sub area planning
Conclusion
The X-zone IS not a finalized recommendaoon. At t1us point it is only a concept. It is Intended to
provide a means to accomplish the NRS. It is a temporary solution that tests futute regulations and
enhances current regulatory flexibilitY through performance standards. It allows the city to avoid a
moratorium and potenoally discourage growth for an extended period of orne. It does not reduce
current development options. Perhaps most impottant, it requires full support of all city agencies
espeCIally citY Council's to succeed, without this support, the staff should not attempt to institute the
X-zone. This must include publicized support.
],
. A set of pertonnance standards,
A temporary solution,
approximately a year
A test case for future regulations
A route to accomplish the NRS
The Experimental Zone (X.Zone)
Functlons: Does not
ReqUIres
Councils and all Clty
agencies full support
complete support
Public,ty
To provide a temporary . Reduce the current options
planning solution
To serves as a test marble for
future land use codes
To provide expedited review
To avoids a potentially
disastrous moratorium
To balances development
financial necessity with the
public good
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QUESTIONS FOR FURTHER DISCUSSION:
WHAT ARE THE OPTIONS'
HO\,(' DOES THIS APPROACH CO!\fP ARE TO PARTIAL, PIECEMEAL REVISIONS TO THE CODES'
HOW TO DEFINE PERFORMANCE STANDARDS'
4, TO WHAT SHOULD THE CITY COMMIT AFTER THE CONCEPTUAL REVIEW'
SHOULD THE CITY AND THE DEVELOPER HAVE THE BENEFIT OF UNILATERAL WITHDRAWAL'
h WHAT ELSE IS MISSING'
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MEMORANDUM
ASSOCIATES
TO: "IILli\ III lIT!
FROM: H{)H l'I':R]'LT/.
SUBJECT: GENERAL PERFORMANCE STANDARDS FOR THE 'X-ZONE'
DATE: 12 {)( 'I, )BI-:R 20U5
The following is a preliminary list of performance standards for development projects that
choose to be processed through the "X" Zone. These standards are derived from the report
titled "REPOSITIONING WHEAT RIDGE, Neighborhood Revitalization Strategy", July 25,
2005 (NRS) One of the objectives of processing development through the "X" Zone is to
stimulate development activity that is consistent and supportive of the NRS. This would
include sending a clear message to property owners/ developers that Wheat Ridge is a
cooperative place to develop when development is consistent with the NRS. Because the
following are performance standards (i.e. identifying the preferred outcome but not defining
specific requirements such as the setbacks or density to accomplish the standard) the City and
the willing applicant will have to work cooperatively to work out the specifics of the project
that in both parties opinion accomplish the preferred outcome. Obviously not all standards
will fit all development and the first task is to identify the standards that apply
Clearly the underlying message of the NRS is the retention and addition of households
described as "strong households" Such households are consistently employed, have the
potential for upward mobility, demand quality rentals or own and reinvest in their homes,
take good care of their property, and participate in and contribute to civic life. In Wheat
Ridge we estimate those households typically earn $59,000 - $88,000 per year. The following
standards are intended, as a whole, to retain and acquire the critical strong households
necessary for the repositioning of Wheat Ridge
Image/Character
1. Promote development that will improve the image (i.e. visual appeal) of Wheat
Ridge and provide amenities desired by strong households
2. Promote development that will preserve the environmental and historical rural
heritage of Wheat Ridge.
3 Promote development that will encourage property owners to maintain and
upgrade their properties and develop 'house pride' and city-wide 'community
pride' ,
4. Promote development that stimulates homeownership, reinvestment and stability
5. Promote development that identifies Wheat Ridge as a family-friendly, un-urban
community with open space and rural character.
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6. Promote development that address visually unattractive/ eyesore areas.
7, Promote development that helps to create recognizable 'Gateways' to Wheat
Ridge.
S Promote development that results in diversity in income, housing stock, and
amenities with destination businesses, and livable, walkable neighborhoods
9. Promote development that reduces the amount ot obsolete designs that are not
appealing to the contemporary market
10 Promote development that include identity signage and gateways that improve the
city's general appearance
11 Promote development that creates an image for Wheat Ridge and promotes the
specific identities to selected market niches, both residential and commercial.
12. Promote development that that includes signage that conveys a sense of arrival to
the City
13. Promote development that includes commercial places that celebrate Wheat
Ridge's unique history
Attracting Strong Households
14. Promote development that attracts housing for strong household earning between
$74,000 - $87,000, increase and supports the rate of homeownership, increases the
median value of housing, reduce the overall rate of poverty, increases the overall
education level of Wheat Ridge, reduces the amount of older, lower quality
housing, reduces vacancy rates of rental housing, increases the rate of new
development or redevelopment.
15. Promote development that includes new market-rate housing located between Kipling
and Parfet, the Open Space, and 26th, between More and Ward, 44th and the Open
Space and between 29th and 35th, Fenton and Teller Residential uses include three
bedroom single family-homes with 2 baths, a high quality amenity package ($270,000 _
$330,000), and 2 and 3 BR town homes targeted to middle and upper middle
income priced from $250,000 - $300,000
16. Promote intiIl development that builds on the local vernacular and meet the middle
market of 3 BR single family-homes with 2 baths with a high quality amenity
package and 2 and 3 BR SF homes w 1-1.5 baths and upgrades and new multi-
family housing that is well-sited, well-designed, and well-managed and include 3
BR single apartments with upgraded facilities/ quality amenity package,
significantly upgraded apartments for empty-nester renters and targets renters.
17. Promote development that reduce the number at absentee owners and converts to new
owner-occupants in the key locations of between 44th and 38th, Depew and Upham,
between 45th and 48th, Pierce and Wadsworth, between Pierce and Wadsworth, 28th
and 32ncl and between 415t and 34th, Wadsworth and Kipling
18. Promote development that that reduces auto dependency, creates an urban design
framework and reduces the concentration of old, not been upgraded rental
housing.
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19. Promote development that improves existing multi-tamily rental property.
20. Promote development that reduces the concentrations of low-income households in
key area of Camelot at 44th and Kipling, Caesar's at 48th and Garrison and smaller
4- and 8-plexes along Sheridan between 26th and 38th
21. Promote development that help to reduce the percentage of small ranch-style
single-family homes.
22. Promote development that includes infill development of above market new housing
in easily recoverable areas, connected to other upgrades and will improve perception
of Wheat Ridge by projecting a higher standard. This would include contemporary
and unique housing products.
Pedestrian Orientation
23. Promote development that includes retail that is friendly to pedestrians by
allowing patrons to easily drive to one store and then be able to walk to several
others in an appealing environment.
24. Promote development that supports a community with a small town jlcruor
exemplified by a pedestrian-friendly Main Street with small shops.
25. Promote development that includes paths that link homes to the Open Space.
26 Promote development that includes well light sidewalks with period lighting
27. Promote development that includes pedestrian-oriented places with character that
is differentiated trom other places.
Open Space
28. Promote development that increases the visibility and accessibility of the Wheat
Ridge Open Space by creating formal, inviting, trailheads at open space access
points - complete with designated parking, trash receptacles, a location map,
mileage markers, notices of restrictions (e.g. dog must be leashed, usage by bikes,
horses, etc.)
29. Require additional open space access as new development occurs adjacent to open
space including installation of trail connectors through new development
30. Increase exposure of open space by requiring future development roads are placed
along open space rather than yard fences.
31. Promote development that continues the development of Wheat Ridge Open Space.
RetaiVCommerciaI
32. Promote development that increases residential densities in key areas (such as
behind the Safeway on Wadsworth) to create more buying power for higher
quality retail
33 Promote commercial development that is easy to find, get to and park, well lit, is in
attractive safe surrounding area, and adjoining businesses are complementary.
34. Promote development that reduces the existing oversupply of retail in the areas of
health care and social assistance (including hospitals, nursing and residential care
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facilities, social assistance and ambulatory services) and motor vehicle parts and
dealers and increase food services and drinking places thus rebalancing commercial
activity and resulting in a more evenly distributed sales tax base.
35. Promote development along 38th Avenue between Sheridan and Wadsworth that
results in a neighborhood-serving retail Main Street.
36. Promote development in the Wadsworth corridor that consolidate unsuccessful retail
centers and vacant stores and address pedestrian-hostile design and landscaping
inadequacies.
37. Promote development in the "Historic Orchard District" that retains elements of the
city's rural heritage, helps create a powerful destination commercial corridor
oriented around gardening, home and yard improvement, agriculture, farmer's
markets, landscape design, encourages similar businesses to expand or open
businesses along the corridor, recognizes the importance of auto access,
emphasizes pedestrian usage, with historic light fixtures, decorative paving,
seasonal banners, coordinated signage, and pedestrian amenities (benches, trash
receptacles, shade trees, etc).
38. Promote development that supports the redevelop Wadsworth Corridor
39. Promote development that will accelerate and shape the development of 38th
Avenue
40. Promote development that supports the development of a Town Center
\\']NST()1'i Ass( H ,] \'11'"
4696 BroaJwav. Boulder CO 80304 (P)31134411.')2110 (F)3<13 44<).6911 www.wl11stonassociates.com
P\(;E 5 01' 5
X,/'ONI',--l;ENER.\! I'I':RI;( )RM,\l\;U ST \NIHRDS
12 OCTOBER 2005
\X'INST( IN ASS()c.! \TLS
4696 Broadway. Boulder CO R0304 (P)303 440. noo 11")3113 44'J.(,011 WW\V.\v11lstonassociates.com
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STUDY SESSION
Item 3.
October 17, 2005
City of \\!heat Ridge
Department ot Public Works
MEMORANDUM
FROM:
Randy Young, City Manag#\
Tim Paranto, Director of Public Works
Alan White, Community Development Director
TO:
cc:
DATE:
October 10, 2005
Extension of Parfet Street North of Ridge Road
SUBJECT:
The owner of two industrial lots in Arvada's Skyline Ridge is requesting approval of a
residential development on the properties The Preliminary Development Plan provides for
the eventual construction of Parfet Street from West 53rd Avenue to Ridge Road The
southerly 75 feet of the proposed Parfet Street extension is in Wheat Ridge
-
The City of Wheat Ridge received the customary referral for the proposed Arvada
development. The proposed construction of Parfet Street north of Ridge Road does not
benefit Wheat Ridge Wheat Ridge Staff determined that Wheat Ridge, therefore, should not
be responsible for future construction of a portion of Parfet Street. In the referral comments
for this Skyline Ridge development, Wheat Ridge Staff suggested that the two cities agree on
the construction of Parfet Street in conjunction with the proposed development. Wheat Ridge
Staff also stated no objection to not building Parfet Street and vacating existing right-of-way
south of 53rd Avenue
Arvada Staff has recently indicated that Arvada wishes to construct Parfet Street north of
Ridge Road in conjunction with the proposed Skyline Ridge residential development. Arvada
Staff has asked if Wheat Ridge has objection to Arvada and/or the developer acquiring
necessary street right-of-way in Wheat Ridge for construction of Parfet Street. In summary,
Arvada is requesting Wheat Ridge approval to acquire street right-of-way from property
formerly owned by the Witbaks at 11001 Ridge Road
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STUDY SESSION
Item 4.
October 17, 2005
WHEATRIDGE POLICE DEPARTMENT
MEMORANDUM
VIA:
Mayor Gretchen Cerveny and City Council
Randy Young, City Manager~
TO:
FROM:
Daniel G Brennan, Chief of Police
p(6
DATE:
October 10, 2005
SUBJECT:
Designated Emergency Response Authority
BACKGROUND
-
Colorado RevISed Statutes 29-22-101 through 29-22-110 calls for the deSignation of Emergency
Response Authontles, commonly called the DeSignated Emergency Response Authonty (DERA) , for
hazardous substance mCldents. These authontles are reqwred to proVide and mamtam a capability
for emergency response to hazardous substance mCldents either directly or through mutual aJd or
other agreements. These Emergency Response Authontles are authonzed by statute to request
assIStance from other public or pnvate entlt1es and are granted the nght to claun reunbtu>ement
from the person(s) responsible forthe hazardous substance mvolved at such mCldents. Generally,
the "owner" of the hazardous substance IS responsible for all costs. Where the owner of the
substance IS unknown (such as m an illegal dumpmg of hazardous waste) the property owner IS
responsible. The Emergency Response Authomy can also order and begm the clean-up and
remediation of a hazardous substance mCldent m the mterest of public safety
CRS. 29-22-102(3) (a) reqwres the goverrung body of every town, City, and county to deSignate by
ordinance or resolution an Emergency Response Authomy. nus statute also deSignates the fire
authomy havmg responsibility for the corporate linuts of such town, City or county as the Emergency
Response Authomy unless othelW1Se deSignated. In uruncorporated areas the Shenff's Depanment
IS deSignated as the Emergency Response Authontyunless deSignated othelW1Se.
The Gty of Wheat fudge IS served today by four mdependent fire protection distncts: the Wheat
fudge Fire Protection DlStnct, the Arvada Fire Protection DlStnCt, the West Metro Fire Protection
DlStnct, and the Famnont Fire Protection DlStnct. By state statute each of these entities IS the
DERA for HAZMAT mCldents that occur Wltrun their boundanes because no agreement eXISts that
deSignates another agency as the DERA
Recent events have illustrated the need for the Gty of Wheat fudge to clarify what agency or agencies
shall be the DeSignated Emergency Response Authonty for Wheat fudge. In addition, It IS unponant
that an Inter-Governmental Agreement be Wlmen that deSignates roles and responsibilities for the
first responders (police, Fire, EMS, and Public Works)
Memorandum
October 10, 2005
Page 2
OVERVIEW
The potential for a hazardous substance mCldent m Wheat Ridge IS rather iugh, due to the
transponatlon comdors located throughout the Gty, parucularly Interstate 70. Funher, a rail line
that often transpons hazardous substances runs along or near the nonhern border of the Gty In
addmon, the Gty has several public storage facilities. Incidents mother cltles have shown that these
facilities can and often are used as places for the illegal storage or abandonment of hazardous
substances. Although the potentIal IS iugh for a hazardous matenal mCldent, Wheat Ridge has
expenenced relatively few hazardous substance mcidents to date. Most mCldents have mvolved
transponatlon accIdents or mCldents where the responsible person for the substance was a known
reputable bus mess that met theIr legal responsibilities and paid for the costs of the emergency
response and subsequent remediation and clean-up. In these mCldents the Police Depanment has
often acted as the de facto DERA
HAZMAT mCldents present uruque challenges and dangers that should be handled by profeSSIOnally
tramed first responders. Three of the four fire distncts servmg the Gty of Wheat Ridge panlClpate m
the Adams/Jefferson County Hazardous Matenals Response Team (i.e. have members that are
tramed as Hazardous Matenals Techruclan and tram Wlth and respond as members of the team) The
Police Depanment also panlclpates as a member of tius response team. Of these four fire chstncts
only one, the Arvada Fire Protection DlStnCt, IS actmg as DERA for a muruclpality (the Gty of
Arvada) by agreement.
There were two hazardous substance events that occurred tius year Wlthm the Gty that pomt not
only to the need of deslgnatmg who the DeSignated Emergency Responding Authonty should be but
also the Iffiponance of detennirung the roles and responsiblitles of first responders. In one event, SIX
barrels of hazardous waste were illegally abandoned at one of the access pomts of the Wheat Ridge
Greenbelt. In another mCldent, a large quantity of diesel fuel was spilled on the Interstate by a
busmess that did not meet theIr legal responsibilities for cleanup and the mCldent. In the first
mCldent, the Gty absorbed the cost of the clean-up as the mCldent effectively occurred on Gty
propeny. In the other mCldent the clean up was delayed for a number of days. The Arvada Fire
Depanment, the de facto DERA for tius inCIdent, did not and does not have the authomy to
encumber funds for a clean-up, nor IS there a mecharusm for the agency to make cost recovery
effons for mCldents m the Gty of Wheat Ridge. Ultimately, the Colorado Depanment of
T ransponatlon as the" owner" of the Interstate was reqUIred to pay an environmental contractor for
the clean-up and IIUtlate legal action agamst the responsible person.
-
In a survey of surrounding agencies the depanment found that the Gty of Arvada had lIUually
deSIgnated their Emergency Preparedness Coordinator to act as the DERA for the city They later
passed a resolution transfemng tius authonty and deslgnatmg the Arvada Fire ProtectIOn DlStnct to
act as DERA However, the Gty retamed pnmary responsibility for cost recovery effons and kept
responsibility for costs that could not be recovered and for costs assOCIated Wlth external servIce
proViders, such as envll'Onmental clean-up contractors. The Gty of Arvada and Arvada Fire
ProtectIon DlStnct have a Memorandum of Understanding detailing tius relauonsiup.
Memorandum
October 10, 2005
Page 3
Faced 'WIth the sl1l1i1ar clrCurnstance of bemg served by multIple Fire DlStncts, the Gty of Lakewood
mmally desIgnated their police department to be the DERA Later, Lakewood created an
Environmental ServIces Manager withIn their Public Works Department and transferred DERA
responsibilitIes to tlus function. The department has an IGA with Its Fire DlStncts that outlines
dutIes, roles and responsibilitIes of each first responder.
The Pohce Ollef has also met 'WIth the Fire Ollefs from each Fire DlStnct servmg the Wheat fudge
area. The maJonty are m favor of the Gty assummg the role of bemg the DERA, especIally from a
cost recovery perspectIve, and the development of an IGA that defines duties, roles and
responsibilitIes.
ALTERNATIVES
OptIOn 1 The Gty could deSIgnate the different fire distncts as bemg the Emergency Response
Authonty for those areas m which they have fire protectIon responsibilitIes.
-
State statute makes the fire distncts the DERA by default 'WIthout a need for action by the Gty
However, some form of IGA or MOD would likely be requrred to clanfy tlus 'WIth the respectIve fire
distncts. Tbree of the four fire distncts servmg the Gty of Wheat fudge partIcIpate 'WIth the
Adams/JeHerson Hazardous Matenals Response Team Fire DlStnct personnel are all tramed to
some degree m hazardous matenals response and would be responding to such mCldents 'WIthIn their
respectIve Junsdictlons regardless of the agency or agencIes chosen as the DERA None of the Fire
DlStncts servmg Wheat fudge have the authonty to encumber Gty funds nor do they have a
mecharusm for the Gty to asSISt m cost recovery effons. At least three of the four Fire DlStncts do
not have any money budgeted to pay for the clean-up of hazardous substance events or sItes m
Wheat fudge. None of the Fire DlStncts has responsibility for the whole corporate area of the Gty.
At least three of the four Fire DlStncts have indicated that they do not want, nor do they feel
comfonable 'WIth, actmg as the DERA 'WIthin the Gty of Wheat fudge. The Fire DlStncts have fewer
resources and less familianty m pursumg cost recovery effons from responsible persons or propeny
owners.
OptIOn 2, The Gty of Wheat fudge could deSignate the Fire DlStncts as the DERA for their respective
areas but retam responsibility for cost recovery effons and contractor costs. nus optIon has all the
advantages of Option 1 and proVIdes a bener mecharusm for the Fire DlStncts to pursue cost
recovery eHons. The Fire DlStncts would retam responsibility for the adnurustratIve and reponing
functIons of the DERA nus optIon would requrre the Gty to deSignate one or more persons to
coordinate 'WIth the Fire DlStncts on such events. At urnes It will be necessary to encumber Gty
funds to order the unmediate clean-up of hazardous substances mCldents and pursue cost recovery
effons later. nus may potentIally unpact other Gty functiOns, such as the Gty Anomey, and may
requrre the Gty to seek or place liens on propeny for cost recovery pwposes. The respectIve duties
and responsibilitIes of the Police Department and fire distncts at such mCldents would need to be
clarified through and IGA or MOD.
Memorandum
October 10, 2005
Page 4
OptlOlI 3 The Gty could desIgnate the Wheat RIdge Police Department as the DERA for the Gty of
Wheat RIdge. The duties of the DERA are pnrnarilyadrmrustratlve m nature. There 15 no need for
the Gty to eqwp or tram a hazardous matenals team smce the Gty already 15 a member of the
Adams/Jeffer.;on Hazardous Matenals Response Team Funher, the local Fire DlStncts
automatically respond to such events m theIr respectIve Juosdictlons. The Police Department already
responds to such mCldents as well. The Department IS already responsible for any commal
mveStlgatlon or follow-up at such mCldents, and has authontyand responsibility for all areas WithIn
the corporate lirruts of the Gty. The Gty of Wheat RIdge has greater access to fundmg and cost
recovery resources than the Fire DlStncts. The Gry IS already responsible for the clean-up of
mCldents occumng on Gty propertIes where the owner of the substance IS unknown or cannot be
detemuned and has a vested mterest (as great as or greater than the Fire DlStncts) m the proper
response and resolution of such mCldents. The Police Department already has one officer
partIClpatmg With the HAZMAT Authonty and IS m the process of selectmg and trammg other
officer.; to partIcIpate m the Hazardous Matenals Team The Coordinator of the Adams/Jeffer.;on
Hazardous Materials Team has stated Ins willingness to asSISt us m properly meetmg the DERA
responsibilities.
TIus option would reqUIre an ordinance or resolution by the Gty Council to make such deSIgnation.
The respective duties and responsibilities of the Police Department and fire illstncts at such mCldents
would need to be clanfied through and IGA or MOD. The Police Department will need to Identify,
tram, and mamtam officers competent to perform the duties reqwred of the DERA Though likely
to be mfrequent, these duties will penodically take precedence over other duties and may temporarily
lIllpact other police functions. At tlIlles It will be necessary to encumber or dedicate Gty funds to
order the unmedtate clean-up of hazardous substances mCldents and pursue cost recovery effons
later, TIus may potentially lIllpact other Gty functions, such as the Gty Anomey, and may reqwre
the Gty to seek or place liens on propeny for cost recovery pwposes. In some cases, there may be
no cost recovery If an owner cannot be located.
---
Regardless of what agency or agencIes are deSIgnated as the DeSIgnated Emergency Response
Authonty, close coordination With the Gty will be reqUIred. Even if the Fire DlStncts are gIven tins
responsibility, practical ISsues regardmg cost recovery and the payment of contractor.; will likely
reqwre the mvolvement of the Gty and the use of Gty funds to resolve such mCldents.
RECOMMENDATION
The need for a coordinated and thorough response to hazardous substance mCldents cannot be
over.;tated. The aty of Wheat fudge has a vested mterest m ensunng that such mCldents are handled
properly The Gty is the only UIllt of government that has authomyand responsibility for the atyas
a whole. The aty contributes to the Adams/Jeffer.;on County Hazardous Matenals Authonty.
Funher, the Police Department has one, and IS m the process of recnutmg more officer.; With
techrucal expenlSe regarding hazardous matenals mCldents.
It IS recommended that the aty deSIgnate the Wheat fudge Police Department as the DeSIgnated
Emergency Response Authonty through ordinance or resolution and to Ulltlate the process of
developmg Inter-governmental Agreements to tlus effect.
-..
STUDY SESSION
Item 5.
October 17, 2005
WHEATRIDGE POLICE DEPARTMENT
MEMORANDUM
FROM:
Mayor Gretchen Cerveny and City Council
. '/( 1---
Randy Young, City Manag~ '\ I ~
Daniel G Brennan, Chief of Police ~
TO:
VIA:
DATE:
October 10, 2005
SUBJECT:
Animal Control Issues
At a previous City Council Study Session, a request was made for the Police
Department to provide feedback to City Council on three issues pertaining to animal
control:
o Feasibility of an ordinance banning Pit Bulls from Wheat Ridge
o Feasibility of a Cat Leash ordinance
o Assessing whether our barking dog ordinance was appropriate
-
Prior to completing this report, the Community Services Supervisor and I met with the
City Animal Welfare Control Commission and solicited their input on these requests. In
addition, the department completed research and looked at the ordinances from
surrounding jurisdictions.
ORDINANCE BANNING PIT BULL TERRIERS
There has been much attention paid to recent attacks by Pit Bull Terriers on other
animals and people by the news media and certain communities. These attacks have
caused some communities to re-examine their ordinances to determine if a specific
ordinance is needed prohibiting the Pit Bull Terrier from their communities. Historically,
the City and County of Denver adopted an ordinance prohibiting the Pit Bull Terrier over
10 years ago. Recently, Commerce City repealed and re-enacted an ordinance
prohibiting any person to own, possess, keep, exercise control over, maintain, harbor,
transport (exceptions are noted in the ordinance) or sell a Pit Bull Terrier. The exception
to this ordinance is available only to owners who register their Pit Bull Terriers with the
City by November 1, 2005. The ordinance includes eleven (11) requirements that an
owner must adhere to be in compliance with the ordinance.
This week, the City of Aurora had the first reading of an ordinance that would require all
Pit Bull Terriers to license their pets with the City at the cost of $200 per year. The
ordinance also requires the owners be at least 21 years of age, demonstrate they have
$100,000 in liability insurance, post visible warning signs in their yards and have the
dogs spayed or neutered. This ordinance applies to the Pit Bull Terrier, as well as nine
types of dogs that are either pit bulls or have the breed's characteristics, such as body
musculature or similarly shaped heads.
The Table Mountain Animal Center has reported an increase in the number of Pit Bull
Terriers at their facility These dogs, as well as all other breed of dogs, are given an
aggression test before they are ever offered for adoption to the public. The Community
Services Unit has not seen an increase in Pit Bull Terriers as a result of the
implementation of breed specific ordinances.
In 1999, the Colorado State Legislature passed a law prohibiting the banning of specific
breeds of dog 18-9-204(5)(a) states "..nothing in this section shall be construed to
prohibit a municipality from adopting any rule or law for the control of dangerous dogs;
except that any such rule or law shall not reGulate danGerous dOGS in a manner that is
specific to breed. "Because the City and County of Denver had a pre-existing ordinance,
they were able to retain the ban placed on Pit Bull Terriers in their community
There has been considerable debate regarding breed specific bans as a means of
animal control. Media attention and public concerns about "dangerous dogs" has caused
many local governments to consider supplementing existing animal control laws with
ordinances directed toward the control of specific breeds or types of dogs. Frankly, there
are attacks and maulings involving other breeds of dogs that go unreported The
Colorado Federation of Animal Welfare Agencies, the Colorado Association of Animal
Control Officers and the American Veterinary Medical Association (AVMA) agree that
laws or ordinances that ban specific breeds are not an effective means of protecting the
public from dangerous dogs. Breed specific laws do not consider behaviors of either
owners or animals. AVMA published a study in 2001, titled "A Community Approach to
Dog Bite Prevention." A task force of veterinarians, epidemiologists, physicians and
other animal care professionals participated on a study that resulted in the publication of
this document. This task force recommended not implementing breed specific
ordinances, but did recommend the implementation and enforcement of stronger
legislation for vicious or aggressive animals.
-
The animal control ordinances of our City have been thoughtfully crafted and revised
over the years to provide for the enjoyment of pets, and the protection our community
The City does have an ordinance, 4-15, Vicious Animals that states "It is unlawful for any
animal owner to keep, possess or harbor a vicious animal within the city" that adequately
addresses the issue of vicious and dangerous animals. The Police Department and
animal professionals nationally are of the same opinion that singling out various breeds
of dogs for control is problematic. It results in a false sense of accomplishment, and
diverts animal control resources towards the registration process and seizing of well-
behaved pets from responsible pet owners.
The Community Services Unit is in the process of reviewing the City Code of Laws
pertaining to animals to determine what ordinances need to be revised and updated.
The unit will be reviewing the vicious animal ordinance as well.
CAT LEASH ORDINANCE
Cats, by their nature are free roaming animals. Nuisance cats are generally a neighbor's
cat that wonders onto someone else's property and either causes damage to property or
defecate in a neighbor's yard, rather than using a litter box. Feral cats (an untamed cat
without an owner) are known to also reside in the City but have not been a community
concern, The City of Wheat Ridge Code of Laws, Section 4-31 DOQS and cat licenses,
requires all dogs and cats to have a current Mile-Hi rabies tag and registration certificate.
This does not mean that a cat can go wherever it wants and do whatever it wants.
Although the Community Services Unit does not trap cats, when free roaming or feral
cats become a problem the Community Services Unit provides resource information to
citizens on how to obtain traps from vendors specialiZing in the trapping of animals. Cats
that are sick, injured, deceased or have bitten someone are taken by the Community
Services Unit to the Table Mountain Animal Center
A cat leash ordinance would give an expectation to the community that we will have no
cats outdoors that are unleashed. Enacting such an ordinance would significantly
impact the limited resources we have dedicated to animal control. In essence, the
ordinance would be difficult to enforce and cause citizens to become frustrated and
angry The time spent dealing with this problem would be better spent in more
traditional animal control and welfare activities.
-
The Community Services Unit is working on developing an educational program as it
pertains to animal control issues through the development of brochures that can be
provided to the public. The police department does not recommend pursuing a cat leash
ordinance.
NUISANCE DOG ORDINANCE
The Wheat Ridge Code of Laws, Section 4-9 (b), CreatinQ a disturbance or nuisance
states that:
.. ,a 'nuisance' shall be defined as being created by an animal's. creating
a disturbance by frequent, habitual and unprovoked howling, barking or
other unreasonable noise, causing of offensive odors; dangerous nature
or character; or any other conduct or condition which disturbs the peace,
safety or comfort of any neighborhood, or interferes with any person in
the reasonable and comfortable enjoyment of life and property"
The Wheat Ridge ordinance definition of what constitutes a nuisance is similar to
surrounding jurisdictions, with some exceptions noted. Both the City of Arvada and
Westminster require that the owner or person in custody must have received a written
warning within the twelve (12) months preceding the first date alleged as a date of
violation in the complaint. In addition, two or more witnesses from different households
must testify to the loud and persistent or loud and habitual nature of the noise, unless
there is other corroborating evidence.
The Community Services Unit does require the person reporting a nuisance animal find
additional witnesses from different households to testify to the nuisance. In addition, the
unit strives to get the parties involved in a nuisance animal complaint to participate in
mediation services offered through the Jefferson County Mediation Services.
The Community Services Unit is in the process of reviewing the City Code of Laws
pertaining to animals to determine what ordinances need to be revised and updated
The unit will be reviewing the ordinance pertaining to creating a disturbance or nuisance
and will be working on the development of educational information for the community on
this subject.
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