HomeMy WebLinkAbout07/28/2008
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
Julv 28. 2008
7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF Julv 14. 2008
PROCLAMATIONS AND CEREMONIES
Proclamation for Relay for Life
Proclamation for 2008 National Night Out - July 28, 2008
CACP Pioneer Award
5th Annual Business Awards
CITIZENS' RIGHT TO SPEAK
.1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2. Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard.
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: July 28, 2008
Item 1.
Page -2-
CONSENT AGENDA
A. Resolution ~8-200l~. - Amending the fee schedule for criminal justice
records of the Wheat Ridge Police Department and the Wheat Ridge
Municipal Court.
B. Resolution 39-2008 - Amending the fiscal year 2008 budget to reflect
the approval of a supplemental budget appropriation in the amount of
$7,344.00 for the renewal of the annual maintenance agreement for
the Channel 8 Community Bulletin Board Software.
C. Approval of Award ITB-08-27 2008 Minor Street Improvements Project
in the total amount not to exceed $182,273.51.
D. Motion to accept Right-of-Way at southeast corner of West 32nd
Avenue and Youngfield Street.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Item 3.
Council Bill 1 0-2008 - An Ordinance authorizing the approval of a change
of zoning conditions on property zoned planned commercial development
and for approval of an amended outline development plan at 6340 W. 38th
Avenue.
(Case No. WZ-08-02/Shaw Sign for Highland South and West)
Council Bill No. 11-2008 - An Ordinance amending Sections 17.1, 17.22
and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use
of Lakes and Waterways within the City.
Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat
Ridge Code of Laws concerning Historical Landmark Designation.
(Case No. ZOA-08-03)
ORDINANCES ON FIRST READING
Item 4.
Item 5.
Council Bill 13-2008 - An Ordinance providing for the approval of change
of zoning conditions on property zoned Planned Commercial Development
and for approval of an amended outline development plan for property
In~-!:It.o.N o::lIt ':l7nn L{'inlinn ~+r.o.o.+
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(Case No. WZ-08-04) (City of Wheat Ridge)
CITY COUNCIL AGENDA: July 28, 2008
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
Page -3-
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CITY OF WHEAT RIDGE, COLORADO
Julv 14. 2008
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members
present: Karen Adams, Karen Berry, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike
Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy
Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Public Works, Tim
Paranto; Director of Parks & Recreation, Joyce Manwaring; staff; and interested citizens.
Council Member Dean Gokey was absent.
APPROVAL OF MINUTES OF June 23. 2008 and Julv 7. 200~
Motion by Mrs. Sang for approval of the Minutes of June 23, 2008; seconded by Mr. Stites;
carried 6-0 with Ms. Berry abstaining due to her absence at the meeting;
Motion by Mrs. Sang for approval of the Minutes of the Special Meeting of July 7, 2008;
seconded by Mr. Stites; carried 6-0 with Mr. Womble abstaining due to his absence at the
meeting.
PROCLAMATIONS AND CEREMONIES
Mayor's Public Art Funding - Campaign Kickoff!!!
Mayor DiTullio distributed brochures to City Council and related how he and Mr. Abbott came
up with the idea of starting this project.
The following letter was read into the record by City Clerk Michael Snow:
Dear Wheat Ridge Stakeholder,
We hope this letter finds you and your family well. While there has been talk about the benefit of public art
to our City, there has not been a lot of movement to engage our citizens, our business community, our
Cultural Commission or our local artists into the public art process. There are many tangible benefits and
there is a lot of "pop" in pubiic art.
The Mayor's Office, along with various volunteer citizens, has engaged local and Wheat Ridge artist Kevin
Robb to create a sculpture for public art. To purchase the sculpture, we are initiating a fundraising effort
within our community. Our Cultural Commission will be determining the final sculpture (see Kevin Robb
Studios insert) through their established processes. The Cultural Commission has developed a short list of
locations within the City and will also be determining the final location for the sculpwre that will have most
visibility and "pop" for our community.
We have committed to raise $50,000 to purchase the sculpture through private and public donations. We
have also engaged the Wheat Ridge Foundation in this effort. The Wheat Ridge Foundation will safely hold
CITY COUNCIL MINUTES: July 14, 2008
Page -2-
the donations, similar to the process of funding the synthetic turf fields at Wheat Ridge High School.
Contributions to the Foundation are tax deductible.
We are asking you to help us raise the funds necessary for this outstanding public art project. If this effort is
successful, there is no reason why we cannot build on this; and Wheat Ridge will develop a strong and well
funded public art program. We need your help! Our goal Is to have the funds collected within one year or
less of this kickoff campaign. The campaign was kicked off at the July 14"' City Council meeting. We have
already personally donated to this cause to help prime the pump!
Please send your tax deductible donation to:
Wheat Ridge Foundation
Attn: Mayor's Office
7500 W. 29"' Ave.
Wheat Ridge, CO 80033
Check Payable to: Wheat Ridge Foundation
Check Memo: Public Art Campaign
We enthusiastically encourage you to help us raise personal and cMc awareness, regarding the benefits of a
public art program within our community. To paraphrase "lakewood is Art" (www.LakewoodisArt.com):
"Beyond its enriching economic and personal benefits, public art is a true symbol of a city's maturity. It
increases a community's assets and expresses a community's positive sense of identity. It helps green space
thrive, enhances roadsides, pedestrian corridors, and community gateways; it demonstrates unquestionable
civic and corporate pride in citizenship and affirms an educational environment. A city with public art is a
city that thinks, feels and grows.
Why Public Art?
"The impact of public art on a community is priceless and immeasurable and once experienced it only
appreciates. Public art has the power to energize our public spaces, arouse our thinking, and transform the
places where we live, work, and play into more welcoming and beautiful environments that invite
interaction. Public art can express community values, enhance our environment, transform a landscape,
heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a
form of collective community expression."
let's bring excitement to Wheat Ridge. The "Train for Public Art" is leaving the station! Join the Effort!
All aboard!
Please feel free to contact us with any questions. Thank you.
Jerry DiTullio
Mayor, City of Wheat Ridge
ierrvditullio@lcomcast.net
Tom Abbott
2007 Wheat Ridge Volunteer ofthe Year
tomisabbott@laol.com
Tom Abbott stated he is really excited about this project and he is looking forward to
working with Mayor DiTullio.
Mayor DiTullio presented a personal check in the amount of $1 ,000 to the Wheat Ridge
Foundation through Joyce Manwaring, while Mr. Abbott promised a personal donation of
$2,500 to be donated this week.
CITY COUNCIL MINUTES: July 14, 2008
Page -3-
CITIZENS' RIGHT TO SPEAK
Cheryl Brungardt, chair of the WR Housing Authority, announced that the last Parkside
unit has been sold and that a duplex will be coming on the Market at the end of this
week on Allison; they also have a 2-bedroom and a 4-bedroom on Parfet Street.
Information is on the City's website and Channel 8. She thanked City Council for
granting them money to leverage a grant from the State Division of Housing.
Rob Osborn spoke on behalf of Wheat Ridge 2020, to provide citizens a briefing on the
programs and progress the organization is engaged in to revitalize Wheat Ridge. Mr.
Osborn's presentation is included in this packet.
Mr. Osborn thanked Mrs. Sang for her donation of the Wine & Dine facility fees on
October 2, 2008.
Item 1.
CONSENT AGENDA
A.
Resolution 34-2008 - A Resolution approving an Intergovernmental
Agreement (IGA) between the Jefferson County Department of Health and
Environment and the City of Wheat Ridge for Cooperative Mosquito
Management Program in the amount of $6,567.00.
B. Resolution 35-2008 - A Resolution approving an Intergovernmental
Agreement (IGA) between the City and County of Denver and the City of
Wheat Ridge for the Provision of Services and Aid in Preparation for and
during the Democratic National Convention.
C. Resolution 36-2008 - approving a Contract with the Colorado Department of
Transportation for Installation of PedestrianlSchool Crossing Improvements at
44th and Miller Street.
D. Authorize the use of XCEL funding to bury XCEL Electric Power Lines on
Kipling Street adjacent to the proposed park at 38th Avenue and Kipling
Street.
E. Approval of Award ITB-08-24 UV Installation at the Recreation Center Pools
in the total amount of $49,970.00 to CEM Sales and Service, Englewood,
Colorado.
F. Cancellation of July 21, 2008 City Council Study Session.
Consent Agenda was introduced and read by Mr. Stites.
Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Rotola;
carried 7-0.
CITY COUNCIL MINUTES: July 14, 2008
Page -4-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
Council Bill 02-2008 - An Ordinance Amending Code Of Laws Section 26-
711, concerning Billboards in the B-2 Billboard District And Repealing
Section 26-711.8 (Public Hearing continued from 2/25/2008, 4/14/2008,
and 6/9/2008).
Mayor DiTullio continued the public hearing.
Council Bill 02-2008 (Ordinance 1408) was introduced on second reading by Ms. Berry,
who read the Executive Summary.
City Attorney, Jerry Dahl, presented the staff report.
Steve Gurr, attorney, representing CBS Outdoor, spoke on behalf of various proposed
changes in the Ordinance and in Staff's recommendations. Mr. Gurr expressed
opposition to the Ordinance based on the risk it poses to the existing Billboard structure
owners vested rights. The Ordinance gives a property owner the ability to abandon
these rights without anybody knowing about it. This could lead to a taking claim against
the City.
Steve Richards, Manager of Mile High Outdoor, spoke in opposition to the ordinance
and urged Council not to approve it. Mr. Richards believes the Ordinance gives
property owners the right to strip business owners of their permit rights.
Dan Scherer, General Manager of CBS Outdoor, spoke in opposition to the Ordinance
and give extensive history of the process that culminated in this proposed Ordinance.
He and his company believe this is unconstitutional. Eliminate litigation.
Tom Abbott, spoke in favor of passage of the Ordinance with the "Option B" changes
proposed in the Council Packet; believes the CBS Outdoor actions have caused the
confusion on the matter; believes the Ordinance gives property owners the ability to
leverage healthy competition in the Billboard industry; property owners should have the
right to compete for the usage of their property; requests that Council approve the
Ordinance and the proposed Staff changes in "Option B".
Shawn Baker, future potential billboard owner or property owner, has been leasing
properties for 25 years; agrees with recommendations to approve the Ordinance;
opposes changing the number of biiiboards in WR from 16 to 18. He wouid like to
increase the setback requirements.
Mayor Di Tullio asked Mr. Snow to read the Mayor's e-mail into the record. The e-mail
was mailed to Council and staff and reads as follows:
CITY COUNCIL MINUTES: July 14, 2008
Page -5-
Council,
I wanted to share an e-mail with you that I sent to Councilmember Adams a few days ago:
Jerry Dahl will give the staff report for. the Ordinance Monday night. All things considered, staff and I are
recommending "Option B" with the amendments listed in the packet. I think I need to veto the Ordinance
if any amendments are passed Monday night that remove the property owners from control. Sorry about
that..Call me if you have any questions. I've become closer to the Billboard Ordinance more than I ever
wanted to. @
The public hearing has been continued on several occasions so I will:
1. Allow Jerry Dahl to make a quick staff report.
2. Take any additional public comment.
3. Council questions/comments.
4. Close the public hearing.
5. Call for a motion.
I strongly encourage Council to pass "Option B" with all amendments recommended by staff and to allow
the tow (2) new billboards. Old code allowed 16 and the new ordinance allows 1 8 along the 1.70
corridor. Allowing the two (2) new billboards will exercise the new processes and open up the market
somewhat, which has been closed for a long time. I will bring copies of this e-mail Monday night and ask
the Clerk to read into the record. This issue is NOT quasi'judicial.
Thanks
Mayor Jerry DiTullio
Mr. Dahl recommended, based on Council comments, that a motion be made to
postpone indefinitely the proposed Ordinance.
Mayor DiTullio closed the Public Hearing.
Motion by Ms. Berry to postpone indefinitely Council Bill 02-2008, Ordinance 1408;
seconded by Mr. Womble and Mrs. Rotola; carried 7-0.
ORDINANCES ON FIRST READING
Item 3.
Council Bill 11-2008 - An Ordinance amending Sections 17.22 and 17.32
of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes
and Waterways within the City.
Council Bill 11-2008 was introduced on first reading by Mrs. Langworthy who read the
Executive Summary.
Motion by Langworthy to approve Council Bill 11-2008 on first reading, order it
published, public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council
Chambers, and that it take effect 15 days after final publication;
I further move to add definition of Waterways, which reads "Section 17-1 Waterway means the
portions lena Gulch and Clear Creek within City limits"
seconded by Mrs. Rotola; carried 7-0.
CITY COUNCIL MINUTES: July 14, 2008
Page -6-
Item 4.
Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat
Ridge Code of Laws concerning Historical Landmark Designation.
(Case No. ZOA-08-03)
Council Bill 12-2008 was introduced on first reading by Mr. Stites, who read the
Executive Summary.
Motion by Mr. Stites to adopt Council Bill 12-2008 on first reading, order it published,
public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council Chambers,
and that it take effect immediately after final publication; seconded by Mrs. Sang;
carried 6-1 with Mr. Womble voting No.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 5.
Public Meeting on 2009 Budget.
Item 5 was introduced by Mrs. Sang, who read the Executive Summary.
No citizens were present to speak on the 2009 City Budget.
Item 6.
Resolution 37-2008 - A Resolution approving a Memorandum of
Understanding among Metro Denver's Cities and Counties promoting
Health and Wellness.
Resolution 37-2008 was introduced by Mrs. Sang. Michael Snow read the executive
summary.
Motion by Mrs. Sang to approve Resolution 37-2008; seconded by Mr. Womble and
Mrs. Rotola; carried 7-0.
ELECTED OFFICIALS' MATTERS
Mrs. Rotola related the new pool is very popular and a great success; congratulations to
Joyce Manwaring and her staff for the hard work in bringing the new pool to the City.
Mr. Stites asked all citizens to try to do one new positive thing for the City and its
citizens; find and buy it in Wheat Ridge.
Counciimembers sent good wishes to jim Payne and family and Mr. Gokey and family.
CITY COUNCIL MINUTES: July 14,2008
Page -7-
Mr. Womble supports Mr. Stites' goal to help people in the community. He is very
pleased with the direction the City is taking concerning Art and thanked the Mayor and
Tom Abbott for the Public Art Funding Campaign.
Mayor DiTullio announced the citizen bus tour for the WR2020 rehabilitated properties
on Saturday, July 19th, at 10:30 a.m., bus leaving from the SeniorlCommunity Center
located at 35th & Marshall Street. He thanked the Wheat Ridge Housing Authority and
WR2020 for their status reports under public comment.
He stated that fireworks are illegal in the City of Wheat Ridge; please remember your
civic duty to not use illegal fireworks due to fire safety hazards; The Police Department
committed additional personnel to staffing the Patrol Operations Division during this
holiday weekend.
On Friday July 4th, and Saturday July 5th the department scheduled two (2) additional
officers on overtime to assist with the call load.
This was in addition to the normal compliment of officers assigned for regular patrol
duties. These officers were assigned to work from 8:00 p.m. to 2:00 a.m. During this
time frame, the department had approximately 13-14 patrol officers working, as well as
two supervisors.
During the Fourth of July holiday, the department handled 544 calls for service, 80 of
these were firework complaints. One of these calls for service was related to a fire
directly related to the illegal use of fireworks.
He commended the work of the Wheat Ridge Police Department over the 4th of July
weekend and reminded citizens that the improper use of fireworks places first
responders (police and fire personnel) at unnecessary risk due to emergency responses
to complaints attributed to the illegal use of fireworks.
Meeting adjourned at 8:34 p.m.
~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON JULY 28, 2008 BY A VOTE OF to
Mike Stites, Mayor pro tem
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
""~""<;:"'.'"'' '~'r"~"'~
PROCLAMATION
REGOGNITION AND SUPPORT
AMERICAN CANCER SOCIETY
RELAY FOR LIFE
WHEREAS, The American Cancer Society is a nationwide community-based
voluntary health organization dedicated to eliminating cancer as a major health
problem by preventing cancer, saving lives, and diminishing suffering from
cancer, through research, education, advocacy, and service; and
WHEREAS, Relay For Life is the signature activity of the American Cancer
Society celebrating life, honoring cancer survivors, raising funds to fight cancer
and heightening the awareness of cancer within the Wheat Ridge community;
and
WHEREAS, There are an estimated 10.5 million Americans with a history of
cancer alive today and 1 in 3 Americans will be diagnosed with cancer in our
lifetimes; and
WHEREAS, This year alone, more than 1.4 million new cases of cancer will be
diagnosed in the United States; and 19,190 cases in the state of Colorado; and
WHEREAS, Money raised during the American Cancer Society Relay For Life of
Wheat Ridge helps support statewide research, education, advocacy and local
patient services; and
NOW THEREFORE, Be it resolved that I, Jerry DiTullio, Mayor of the City of
Wheat Ridge, do hereby proclaim August 15-16, 2008 as: "Relay for Life" days
in the City of Wheat Ridge and encourage citizens to participate in the Relay for
Life at Everett Middle School.
WHEAT RIDGE RELAY DAYS: AUGUST 15-16, 2008
IN WITNESS THEREOF on this _day of ,2008
/J ~ A
~ ~~it!At
Michael Snow, City Clerk
PROCLAMATION
2008 NATIONAL NIGHT OUT
JULY 28, 2008
WHEREAS, On August 4th, 2008 the Police Department will host a kick-off celebration at the
Police Department and Hayward Park. This will include tours of the police facility; showcase
displays of police vehicles (Traffic, SWAT, Community Services); crime prevention displays; a
rollover traffic simulator; food and activities for children.
WHEREAS, the National Association of Town Watch (NATW) and Target are sponsoring a
unique, nationwide crime, drug, and violence prevention program on Tuesday, August 5th, 2008
called "National Night Out"; AND
WHEREAS, the "25th Annual National Night Out" provides a unique opportunity for the City of
Wheat Ridge to join forces with thousands of other communities across the country in promoting
cooperative, police-community crime prevention efforts; AND
WHEREAS, the Wheat Ridge Police Neighborhood Watch groups, WRPD volunteer program,
and Citizen Police Academy Alumni play a vital role in assisting the Wheat Ridge Police
Department through joint crime, drug and violence prevention efforts in the City of Wheat Ridge
and is supporting "National Night Out 2008" locally; AND
WHEREAS, it is essential that all citizens of the City of Wheat Ridge be aware of the
importance of crime prevention programs and the impact that their participation can have on
reducing crime, drug and violence in the City of Wheat Ridge; AND
WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation
are important themes of the "National Night Out" program.
THEREFORE, I do hereby call upon all citizens of the City of Wheat Ridge to join the Wheat
Ridge Police Department, its community groups, and the National Association of Town Watch in
supporting "25th Annual National Night Out" on August 5th, 2008.
FURTHER, Let it be resolved that I, Jerry DiTullio, the Mayor of Wheat Ridge do hereby
proclaim Tuesday, August 5t\ 2008 as "National Night Out" in the City of Wheat Ridge,
Jefferson County, Colorado.
DONE AND RESOLVED THIS}llth DAY OF JULY, 2008
/ J J'i--'r"" . /I
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Jll'J'rullio, Mayor
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Michael Snow, City Clerk
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~OLlCE DEPARTMENT
Memorandum
TO:
Mayor Jerry DiTullio and Members of City Council
THROUGH:
Randy Young, City Manager
$'
FROM:
Daniel Brennan, Chief of Police
DATE:
July 22, 2008
SUBJECT:
National Night Out
Executive Summarv
The Police Department will host its Second Annual National Night Out kick-off
celebration at the police department and Hayward Park on August 4, 2008. This event
will include tours of the police facility; showcase displays of police vehicles (Traffic
Team, SWAT Team, and Community Services Team), crime prevention displays, a
rollover traffic simulator; and we will have food and activities for children. I have
highlighted the purpose, goals, and plans for this event for your information.
The 2007 kick-off celebration was a great success. Over 200 community members attended last
year's event and the feedback received was very positive. The department would appreciate your
participation and promotion of this community event. Please call if you have any questions.
What is National Nieht Out?
National Night Out is "America's Night Out Against Crime!" Since 1984, the National
Association of Town Watch (NA TW) has worked cooperatively with thousands of crime watch
groups and local law enforcement agencies. throughout the United States to designate one night
during the year to promote police-community partnerships, crime prevention and neighborhood
camaraderie. The program has grown from 400 communities in 23 states participating in 1984,
to over 11,125 communities participating from all 50 states, US. Territories, Canadian Cities and
military bases worldwide in 2006. In all, over 34 million people participated in National Night
Out in 2007.
National Night Out strives to heighten awareness and strengthen participation in anti-crime
efforts in local communities. It has proven to be an effective, inexpensive and enjoyable program
that promotes neighborhood spirit and police-community partnerships in an effort to promote
crime prevention and deter crime.
What are the eoals to National Nieht Out?
The goals of National Night Out are to:
I. Heighten crime, drug and violence prevention awareness;
2. Generate support for, and participation in, local anti-crime programs;
3. Strengthen neighborhood spirit and police-community partnerships;
4. Send a message to criminal offenders that our community's neighborhoods are organized
and fighting crime.
2008 National Night Out
July 22, 2008
Page 2 of2
What is the Dlan for Wheat Rid!!e?
The Wheat Ridge Police Department has been progressively bringing back crime prevention
programs since 2005. Members ofthe department identified this program as important in
building our partnerships and strengthening our crime prevention efforts in the community.
The department has already begun working with our Neighborhood Watch groups and
neighborhood associations to host neighborhood specific events and/or block parties on Tuesday,
August 5, 2008. An informational meeting was held for Neighborhood Watch program block
captains on July 2, 2008. Informational flyers have been sent to neighborhood associations,
business associations, and our faith-based community encouraging them to participate in this
event. A press release announcing our efforts will be distributed to local media and information
aired on Channel 8.
On July 28, 2008 Mayor Jerry DiTullio will read a proclamation at the City Council meeting
proclaiming Tuesday, August 5, as National Night Out. On August 4, 2008 the Police
Department will host a kick-off celebration at the police department and Hayward Park. On
August 5, members of the police department will visit participating neighborhood block parties
or events.
How will this be funded?
The department will fund this project through the No Proof of Insurance (NPOI) fund that was
designated in 2006 to be used for law enforcement prevention and education projects. State
Statute (CRS 42-4-1409) requires that one-half of the fines assessed for No Proof of Insurance
citations be returned to the law enforcement agency.
What are the lon!!-ran!!e Dlans for National Ni!!ht Out?
The police department envisions National Night Out as a catalyst to building independent, self-
sufficient and healthy neighborhoods. Woven into other City initiatives this program can help
improve the quality oflife in neighborhoods throughout the community and create a sense of
public value by building sustainable partnerships between the police department, the City and
community members.
The police department recognizes it will take time to build community involvement and
participation in this program. Any assistance City Council members can give to promoting
neighborhood block activities on August 5, 2008 is appreciated. Do not hesitate in calling me if
you need assistance in your Council District.
KEIDGB
cc: Sergeant Paula Balafas
Management Team
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~OMMUNITY DEVELOPMENT
Memorandum
TO: Mayor and City Council
THROUGH: Randy Young, City Manager
Ken Johnstone, Community Development Director
FROM: Ryan Stachelski, Economic Development Specialist
DATE: July 14,2008
SUBJECT: Wheat Ridge 5th Annual Business Awards
It is time again for the Wheat Ridge Business Awards. This year we have a diverse group of
award winners. We have also added a new category this year, the Mayor's Business and Youth
Partnership Award.
The awards will be handed out at the July 28, 2008 City Council meeting. I will ask each
Council Member to present at least one award. Listed below are this year's award winners. If
any Council Member has a preference in handing out the award please let me know. I will ask
the Mayor to hand out the Mayor' s Award. There will be a short script highlighting talking
points for each winner and assignment in the Council packet for the July 28th City Council
meeting. There will be a short reception after the awards ceremony to meet and talk with the
business award winners.
Following the Business Awards night at City Council, there will be a Business Appreciation
Luncheon for all Wheat Ridge Businesses on Friday, August 1. The lunch will be held 11 :00
a.m. to 1 :00 p.m. at the Recreation Center. This event will highlight the business award winners
during a video presentation. This event will also showcase the many business resource that both
the City and Jefferson County provides to business in Wheat Ridge.
This event is always "sold out". I know that many of the business really appreciate the City
sponsoring this event.
2008 BUSINESS AWARD WINNERS
Cultural Commission Award
Harriet's Treadle Arts
Opened in 1981 by Harriet and her mother Fran, Harriet's Treadle Arts was the first quilt store in
the Denver area to specialize in machine quilting, piecing, and applique. Now it is the standard
in almost all stores nationwide. The store is now run and managed by Harriet and her daughter
Carrie.
Mayor and City Council
Wheat Ridge 5th Annual Business Awards
Page 2 of 4
Starting in a small 600 square foot house, the store is now 4000 square feet of quilting heaven.
Over 3000 bolts of the finest quality cotton fabrics, over 17 different types of batting to choose
from, extensive thread selection, and notions for every use are offered in a very warm, homey
atmosphere. Park benches and magazines are offered to keep the husbands entertained while you
shop.
Vision Award
The Digital Frontier
Established in 1994, The Digital Frontier is dedicated to providing the best technology, service,
and value to their clientele. The Digital Frontier is committed to respect for client relationships,
ethics in business, a productive and healthy work environment, and on making a positive impact
in the world.
The Digital Frontier believes that printing green and being green is a process, not a political
statement or a quick way to capitalize on a trend. Their presses and print processes are the most
environmentally friendly available today.
Reinvestment Award
Seyfer Automotive
Seyfer Automotive, Inc. was founded in 1961 by Don Seyfer. Originally housed in Don's
parents' spacious garage, Seyfer Automotive has moved twice since 1961 to arrive at its current
location, 4501 Harlan Street in Wheat Ridge, Colorado.
This year Seyfer Automotive reinvested in Wheat Ridge and in their business by renovating the
exterior of their building. This renovation shows off the amount of pride that Don has for his
business and his community. To be sure, Seyfer Automotive has the same amount of pride in
workmanship for their loyal clients.
Volunteer ofthe Year
Loretta DiTirro Schwank!
Loretta is continually promoting Wheat Ridge by showcasing the City to visitors and new
residents as a Remax City Horizons Real Estate agent. As a volunteer Loretta works tirelessly as
the current President of EH~,"' l,,;se Wheat Ridge. Before serving as President of Enterprise
Wheat Ridge, Loretta served in a number of committees and roles, including Vice-President.
Loretta's volunteerism does not stop with Enterprise Wheat Ridge. Loretta is also a board
member of the Wheat Ridge Business District. She is a leader in her neighborhood watch
program after completing the Citizen Police Academy.
Loretta's great love for volunteerism comes from supporting the Kempe Center in Denver. As a
long time supporter, she has assisted with fundraising efforts. Loretta also gives her time to the
Kempe Center as a mentor to the children that the Kempe Center serves.
Mayor and City Council
Wheat Ridge 5th Annual Business Awards
Page 3 of 4
Loretta's tireless efforts to helping make Wheat Ridge and the community at large a better place
is an inspiration to us all.
Small Business Award
Beds-n-Biscuits
From Beds-n-Biscuits' spacious, climate-controlled indoor kennels to the fun of their outdoor
play yards, visit their website to discover the many ways they pamper your pet. Beds-n-Biscuits
offers a full range of services, from boarding to grooming. Beds-n-Biscuits' guests enjoy all-day
play with lots of new friends, plus plenty of human interaction with the staff. Beds-n-Biscuits
like to get to know their clients and their dogs, so your pet won't be just another face in the
crowd.
Visit Beds-n-Biscuits and see why their customers say tails start wagging as soon as the car turns
into our driveway! Tours are offered Tuesday through Saturday between the hours of Noon and
4:00 PM. A staff member shows you why Beds-n-Biscuits can ensure a safe, sociable and fun
stay for your pet.
Visit Beds-n-Biscuits at www.bedsnbiscuits.com
Business of the Year
PrimeS tar Solar
PrimeStar Solar was formed in June 2006 to develop and commercialize cadmium telluride
(CdTe) thin film photovoltaic modules. Currently, PrimeStar Solar is working closely with the
National Renewable Energy Laboratory and are licensing several of their patents. PrimeStar
Solar sees great opportunity in meeting US and international demand for economical PV
modules. PrimeStar Solar's goal is to be part of the solution to energy supply and environmental
issues, including energy self-reliance and climate change.
City Council's Partnership Award
First Bank of Wheat Ridge
As Colorado's largest locally-owned bank, FirstBank has been providing full service banking for
over 45 years, and has grown into an $8.6 billion organization with over 125 locations.
FirstBank originated several services in banking in Colorado, including 24 hour phone banking,
Saturday morning banking, and grocery store banking. The FirstBank of Wheat Ridge charter
was granted in 1969, and since then we have proudly provided the people and businesses in
Wheat Ridge with innovative banking products and outstanding customer service with local
decision-making. In August 2008, FirstBank of Wheat Ridge will expand its branch network
with a new location at 32nd & Y oungfield.
Mayor and City Council
Wheat Ridge 5th Annual Business Awards
Page 4 of 4
Mayor's Business and Youth Partnership Award
Village Inn
Founded in 1958, Village Inn is known not only for its strong breakfast heritage, but is proud to
serve 'The Best Pie in America(R)". In 2007, Village Inn won I 0 blue ribbons in the American
Pie Council's National Pie Championship.
Village Inn restaurant, located at 4775 Kipling Street, was the first Village Inn in the country to
be remodeled with its new look. After Village Inn's Grand Re-opening they partnered with the
Wheat Ridge High School to help many of it students develop a variety of skills. Several of
those students went on to be hired by Village Inn. This reinvestment and commitment to
community show why Village Inn is such an outstanding member of our business community.
/rjs
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~, City of
pWheatRL-dge
ITEM NO:
11\.
REQUEST FOR CITY COUNCIL ACTION
t~~~
COUNCIL MEETING DATE:
July 28, 2008
TITLE: RESOLUTION NO. 38-2008 - A RESOLUTION AMENDING THE
FEE SCHEDULE FOR CRIMINAL JUSTICE RECORDS OF THE
WHEAT RIDGE POLICE DEPARTMENT AND WHEAT RIDGE
MUNICIPAL COURT
D PUBLIC HEARING
D BIDS/MOTIONS
[ZJ RESOLUTIONS
D ORDINANCES FOR 1ST READING (mm/dd/yyyy)
D ORDINANCES FOR 2ND READING (mm/dd/yyyy)
Quasi-judicial:
DYES
[ZJ NO
!1JP~~
thief of Police
Ci~~'1
EXECUTIVE SUMMARY:
House Bill 08-1076 which amends C.R.S. 24-72-306 Copies, printouts, or photographs of criminal
justice records - fee authorized; was recently passed by the Colorado State Legislature. This
amended statute will go into effect on August 7, 2008 and will have a direct impact on what the
police department and the municipal court may charge for criminal justice records that are released.
This bill authorizes criminal justice agencies to impose copying costs for requested records at a
certain rate in addition to the actual costs of searching for, retrieving and redacting such records.
Previously, copy costs were also limited to "actual costs" and redaction costs were not explicitly
authorized.
CRS 24-72-306(1) further requires that these fees be "established by the governing body." The new
fee schedule must therefore be approved by City Council.
To comply with C.R.S. 24-72-306, the police department must review and revise our current fee
schedule. The fee schedule includes case reports, address and record (local criminal history) checks,
video and audio recordings, photographs, and sex offender registration lists. This new fee schedule
is attached as Attachment #2. The municipal court has also reviewed and revised their fee schedule
which also appears as Attachment #5.
COMMlSSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
This Resolution is to comply with recently passed state legislation. The city must structure and
implement a fee schedule that complies with C.R.S. 24-72-306 by August 7, 2008.
ALTERNATIVES CONSIDERED:
There are no alternatives.
FINANCIAL IMPACT:
With the authorization for criminal justice agencies to impose copying costs for requested records at
a certain rate and to charge for the actual costs of searching for, retrieving and redacting such
records, the revenue from this service is likely to slightly increase. The increase to revenue is
minimal and only covers the actual cost of searching for, retrieving and redacting such records.
RECOMMENDED MOTION:
"I move to approve R~solutioh No. J8~2008 - A Resolution Amending the Fee Schedule for
Criminal Justice Records of the \\'heat Ridge Police Department and the Wheat Ridge Municipal
Court. "
or,
"I move to deny the approval of Resolution No. 38-2008 for the following
reasons: "
Report prepared by: Jim Lorentz, Police Commander
Report reviewed by: Patrick Goff, Deputy City Manager
ATTACHMENTS:
1. Copy of current Wheat Ridge Police Department fee schedule effective January 1,2004
2. Copy of proposed Wheat Ridge Police Department fee schedule to be effective
August 7, 2008
3. Copy of House Bill 08-1076
4. Copy of Records Access Request form
5. Copy of proposed Wheat Ridge Municipal Court fee schedule to effective August 7, 2008
6. Resolution No. 38-2008
copy
Wheat Ridge Police Department
Fee Schedule
Effective January 1,2004
Records Hours: Monday through Thursday - 8:00 am to 5:30 pm
Friday - 8:00 am to 5:30 pm
HOLIDAYS EXCEPTED
Records Phone Number (303) 238-5918
Police Report ...........................................................................$5.00/ First Five (5) Pages
$.50 per Page for each Additional Page
If Research for Report Exceeds Y, Hour, $6.25/each Y. Hour after ($25/Hour)
Address Check.................................................................................... $15.00/First Y2 hour
$25/Hour for each Additional Hour
Will Call When Report is completed
Records Check.................................................................................... $15.00/First Y2 hour
Only Available from January 2000 - Current
Wheat Ridge Arrests ONLY. For Statewide, go to Colorado Bureau ofInvestigations: 690 Kipling St., Lakewood.
$25/Hour for Research for Checks Prior to 2000
Fingerprints ............................................................................................................... $10.00
Wheat Ridge Residents ONLY. and Liquor Licenses within Wheat Ridge
Registered Sex Offender List ..................................................................................... $5.00
You must be a Wheat Ridge Resident to make request.
Audio Tapes ......................................................................................................$35.00/hour
$lO/each additional Y. hour ($40/hour)
You Must Supply Blank Tape
Will Call When Tape is ready for Pick Up
Video Tapes ................................................................................... $30.00 with Own Tape
............................................................................................................. $35.00 without Tape
Will Call When Tape is ready for Pick Up
Evidence Photos 3x5 or 4x6 (entire roll only) ................... $5.00 Plus Cost ($5 Deposit)
5X7 or 8X12 (Single or Roll)................ $10.00 Plus Cost ($10 Deposit)
Will Call When Ready for Pick Up
Mug Shot Photograph................................................................................................. $5.00
Evidence Digital Images ...................... $25.00/CD and Printout ($5 Deposit Required)
Will Call When CD is ready for Pick Up
Sex Offender Registration ........................................................................................ $20.00
For Mandatory Annual Registration
By Appointment ONLY
COpy
AITACHMENT 1
Wheat Ridge Police Department Fee Schedule
Effective August 7, 2008
Records Hours: Monday through Friday - 8:00 am to 5:30 pm
HOLIDAYS EXCEPTED
Records Phone Number 303-235-2921
NOTE: Listed Items Mav Not Be Available For Immediate Release.
Initial Fees Are NOT Refunded If Release Of Record Is Denied
Police Report ...................................................................................................................................... $5.00
Includesl5 Minutes to Research, Retrieve, Review and Copy Requested Record(s)
If preparation time exceeds IS minutes, an ADDITIONAL $5.00 for every IS nllnutes will be added.
Address Check .....................................................................................................$15.OO/First 30 minutes
Includes 30 Minutes to Search, Retrieve, and Prepare Information
If preparation time exceeds 30 nllnutes, an ADDITIONAL $6.25 for every IS minutes will be added
Records Check (Wheat Ridge Arrests ONLY) ................................................................................... $5.00
Includes IS Minutes to Research, Retrieve, and Prepare Requested Information
If preparation time exceeds IS minutes, an ADDITIONAL $5.00 for every IS minutes will be added.
Fingerprin ts ....................................................................................................................................... $1 0.00
Wheat Ridge Residents ONLY, or applying for a Wheat Ridge Massage or Liquor Business License
Evidence Audio Tapes: CD to CD ....................................................................................................$4.00
Cassette to Cassette.................................................................................... $6.00
Includes 10 Minutes to Search, Retrieve, Copy Recording and Cost of CD or Cassette
Evidence Cassette Video Tapes .......................................................................................Minimum $8.00
Includes IS Minutes to Search, Retrieve, Copy Recording and Cost of Tape
If recording time exceeds IS minutes, an ADDITIONAL $5.00 per every IS nllnutes will be added.
NOTE: Recording is done in real time-some recordings may take several hours to copy.
Evidence Photos: CD only .................................................................................................................$4.00
Includes 10 minutes to search, retrieve, copy to a CD and cost of CD
CD and printed photos from the CD......................$4.00 plus $.10 per copied page
Includes 10 Minutes to Search, Retrieve, Prepare, Copy to CD, Cost of CD and Cost to Print Color Photos
Prints from film: 3x5 or 4x6 .......................................... $18.00 plus $.40 per print
Prints from film: 5x7 ..................................................... $18.00 plus $1.00 per print
Prints from film: 8x12 ................................................... $18.00 plus $2.00 per print
Includes Search, Retrieval, DeliverylPick Up Of Photos from Developer and Developing Fee
Mug Shot Photograph ........................................................................................................................ $3.50
Includes 10 Minutes to Search, Retrieve, and Cost to Print Color Photo
Dispatch Audio or Video Recordings to CD...................................................................................$17.50
Includes 30 Minutes to Search, Retrieve, Make Recording and Cost Of CD.
If preparation time exceeds 30 minutes, an ADDITIONAL $8.50 for every IS minutes will be added.
Registered Sex Offender List................................................................................................ ...... No Cost
Sex Offender Registration (Mandatory Annual Registration and By Appointment ONL Y)................... $20.00
ATTACHMENT 2
NOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
o
-......-/' --
~.
~~
---
HOUSE BILL 08-1076
BY REPRESENTATIVE(S) Ferrandino, Carroll M., Carroll T., Gallegos,
McGihon, Todd, Looper, and Stafford;
also SENATOR(S) Gordon, Cadman, and Schultheis.
CONCERNING FEES FOR COPIES OF CRIMINAL JUSTICE RECORDS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 24-72-306 (1), Colorado Revised Statutes, is
amended, and the said 24-72-306 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
24-72-306. Copies, printouts, or photographs of criminal justice
records - fees authorized. (1) Criminal justice agencies may assess
reasonable fees, not to exceed actual costs, including but not limited to
personnel and equipment, for the search, retrieval, and vvp Y;"15 REDACTION
of criminal justice records REQUESTED PURSUANT TO THIS PART 3 and may
waive fees at their discretion. IN ADDITION, CRIMINAL JUSTICE AGENCIES
MAY CHARGE A FEE NOT TO EXCEED TWENTY-FIVE CENTS PER STANDARD
PAGE FOR A COPY OF A CRIMINAL JUSTICE RECORD OR A FEE NOT TO EXCEED
THE ACTUAL COST OF PROVIDING A COPY, PRINTOUT, OR PHOTOGRAPH OF A
CRIMINAL JUSTICE RECORD IN A FORMAT OTHER THAN A STANDARD PAGE.
Where fees for certified copies or other copies, printouts, or photographs of
Capita/letters indicate new material added to existing statutes; dashes through words indicate
deletions/roATTACRiMENT 3
such CRIMINAL JUSTICE records are specifically prescribed by law, such
specific fees shall apply. Where the criminal justice agency is an agency or
department of any county or municipality, the amount of such fees shall be
established by the governing body of the county or municipality IN
ACCORDANCE WITH THIS SUBSECTION (I).
(3) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
DISCOVERY MATERIALS THAT A CRIMINAL JUSTICE AGENCY IS REQUIRED TO
PROVIDE IN A CRIMINAL CASE PURSUANT TO RULE 16 OF THE COLORADO
RULES OF CRIMINAL PROCEDURE.
SECTION 2. Effective date - applicability. (I) This act shall take
effect at 12:01 a.m. on the day following the expiration of the ninety-day
period after final adjournment of the general assembly that is allowed for
submitting a referendum petition pursuant to article V, section I (3) of the
state constitution, (August 6, 2008, if adjournment sine die is on May 7,
2008); except that, if a referendum petition is filed against this act or an
item, section, or part of this act within such period, then the act, item,
section, or part, if approved by the people, shall take effect on the date of
the official declaration of the vote thereon by proclamation ofthe governor.
PAGE 2-HODSE BILL 08-1076
(2) The provisions of this act shall apply to requests for copies of
criminal justice records submitted on or after the applicable effective date
of this act.
Andrew Romanoff
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Peter C. Groff
PRESIDENT OF
THE SENATE
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENT A TlVES
Karen Goldman
SFf:RFTARY OF
THE SENATE
APPROVED
Bill Ritter, Jr.
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 08-1076
fI-"'OPYWHEAT RIDGE POLICE RECORDS DEPARTMENT
'-" 303-235-2921
.,.
RECORDS ACCESS REQUEST
CASE REPORT #
I.D. VERIFIED 0
RESEARCH AND PROCESSING FEES ARE NON-REFUNDABLE
RELEASABLE RECORDS MAY NOT BE AVAILABLE AT THE TIME OF THIS REQUEST
PLEASE PRINT IN THE SPACES PROVIDED
NAME
DATE OF BIRTH
ADDRESS (NO P.O. OR MAIL BOX)
CITY, STATE, ZIP CODE
DAYTIME
TELEPHONE
PER C.R.S. 24-72-305.5 I AFFIRM THE RECORDS OBTAINED SHALL NOT BE USED FOR DIRECT
SOLICITATION OF BUSINESS FOR PECUNIARY GAIN.
SIGNATURE
DATE
PORTIONS DENIED OR DELETED FOR THE FOLLOWING STATED REASON:
(Police reports under the Colorado Open Records law, Criminal Justice Records Act and the Children's Code
Records and Information Act, are considered to public information and as such, are under open to inspection by
any person. There are stated provisions within the statutes that restrict access and protect the confidentiality
of certain persons and portions of police reports. Public Records Law C.R.S. 24-72-204 el. Seq.; Criminal
Justice Records Act CRS. 24-72-301 et. Seq.; Children's Code and Records Act C.R.S. 19-1-301 et. Seq.)
DEPARTMENTAL USE ONLY:
TYPE OF INFORMATION REQUESTED:
ACCIDENT FULL REPORT FINGERPRINTS PHOTOS AUDIO TAPE VIDEO TAPE
RECORDS CHECK/ADDRESS CHECK
SUBJECTS NAME
COMPLETE ADDRESS
DATE OF BIRTH
DATES
REFERRED TO
REQUEST
APPROVED
o
REQUEST
DENIED
o
SIGNATURE
DATE
COMMENTS
IFEE PAID: CHECK/CASH
BALANCE DUE
RMS INITIAL
DATE
CHECK/CASH
RMS INITIAL
DATE
ALL REPORTS NOT PICKED UP BY THE APPLICANT WITHIN 30 DAYS WILL BE DESTROY~ g-X- 6
ATTACHMENT 4
..,.),.4...-
:: _' . City of .
~~WheatD;..-:Jne
~UNICIPAL COURT'" ~'-'5 ..
Memorandum
TO:
"
Randy Young, City Manager
Gerald Dahl, City Attorney
THROUGH: Christopher Randall, Presiding Judge
'oj,
FR0M:
Kersten Armstrong, Court Administrator
DATE:
SUBJECT:
July 16, 2008
Wheat Ridge Municipal Court Fee Schedule
The Wheat Ridge MunicipaJ. Court Fee Schedule under Order 2008-01 is attached for review by
City Council pursuant to Colorado Revised Statute 24-72-30., The Fee Schedule has been
revised pursuant to House Bill 08-1076. The City Council needs to establish these fees by
August 7, 2008, pursuant to Colorado Revised Statute 24-72-306.
In order to comply with the amendments to the fees for copies of criminal justice records, the
attached Fee Schedule includes reasonable fees for the search, retrieval, redaction, and copy of
records. The retrieval fee is based on an average salary of the Deputy Court Clerks. The fee
schedule does not assess an additional fee for each individual page. Parties requesting copies of
case files will have a consistent set fee per case type when copies of cases are requested. The
only exception to this will be for requests that involve extensive research by the court staff.
The fees noted in the attached Fee Schedule are relatively consistent with other comparable
municipal courts. Based on a recent survey conducted, the administrative fee associated with
deferred judgments and deferred prosecutions have been increased from $50.00 to $75.00.
Although this fee schedule does not include discovery provided to defendants or defense
attorneys in cases scheduled for trial, the prosecuting attorney utilizes this fee schedule as a
guide in the assessment of fees for discovery. This allows for the consistency of fees for records
requests with1n the Wheat Ridge Municipal Court. The only exception to this would be
discovery requests involving extensive research.
You may contact me if you need any additional clarification. Thank you for your time and
attention in this matter.
lima
attachment
ATTACHMENT 5
WHEAT RIDGE MUNICIPAL COURT, JEJ'J<EKSON COUNTY, STATE OF COLORADO
ADMINISTRATIVE ORDER 2008- 01
FEE SCHEDULE
Request for Records
Audio Recordings of Court Proceedings to CD......................................................................$25.00
Includes up to one hour for search, retrieve, copy, and cost of CD.
Fee of$5.00 for each ac,lditional15 minutes of preparation time.
Copy of Animal, Code, Civil, General, Sales Tax Files .........................................................$1 0.00
, --..'
Includes up to 30 minutes' to search, retrieve, redact, and copy. .,.
Fee of$5.00 for each additional15 minutes of preparation time. .
Copy of Traffic or Parking File ................................................................................................$5.00
Includes up to 15 minutes to search, retrieve, redact, and copy.
Fee of $5.00 for each additional 15 minutes of preparation time.
Copy per page without search, retrieval, or redaction .......................................................... 25/page
Name Search .......................... .................................................................................................$1 0.00
Includes up to 30 minutes to search, retrieve, redact, prepare notice, and copy.
Fee of$5.00 for each additional 15 minutes of preparation time.
Research Fee, Extensive ............................................................................................ Salary of Staff
Minimum Fee $5.00 per every 15 minutes.
Transcripts................ ................................................. ................ ............. .......................... $2.3 5/page
Minimum $150.00 deposit required.
Associated Case Fees
Accident with injuries................................ ......... ........................... ............................ ..... ...... ..$60. 00
Court Appointed Counsel Application Fee (Judge may waive) .............................................$10.00
Court Costs.............................................. ........... .......................... ........... ............................... .$25. 00
Deferred Judgment Fee ........ ... ................................................................................................$75.00
Deferred Prosecution Fee............ ............................................................................................$75.00
Direct Services Fee (Domestic Violence)...............................................................................$50.00
Wheat Ridge Municipal Code of Laws Sections: 16-110 & 16-11 I
Drug/Drug Paraphernalia Destruction Fee..............................................................................$10.00
Wheat Ridge Municipal Code of Laws Sections: 16-131,16-132,16-133
Filing Fee for Bonds ....... .............. .... ...... ................................................................................$25.00
Non-Injury accident surcharge...................... ...... .... ... .................................. ........... ... ..... ...... ..$3 O. 00
Administrative Order 2008-01: Fee Schedule
Associated Case Fees (Continued)
Page 2 of2
Payment plan administrative fee per request ..r'......................................................................$25.00
Probation Fee... .......... .......................... ........... ........ ... ......... ...... ........................................... ... .$75.00
Stay of Execution (SO E)............................................................................... ..........................$25.00
,.
Witness Fee........ ..... ........................................................................................................... .......$5.00
Per civilian witness if defendant is found guilty @ trial.
Per civilian witness if defendant fails to appear @ trial & witness served.
...
Failure to appear or failure to comply fees:
Bench Warrant .... .......................... ..........................................................................................$50.00
Department of Motor Vehicle Default Fee-Traffic Infractions ..............................................$30.00
Department of Motor Vehicle Lien-Juvenile General Warrant ..............................................$30.00
Department of Motor VehiCle Lien on Traffic Warrants........................................................$30.00
Failure to Appear.................................................. ................................................. ............... ..$25 .00
Insufficient Funds/Returned checks.............. .......... ... ...... ............................................... ........$26. 00
Late Fee for Parking Summons...............................................................................................$15.00
Officer Appearance Fee Assessed if Defendant Fails to Appear for Trial.............................$30.00
Show Cause Fee ........... ..... ... ...................... .............................................................................$15.00
Jury Trial Fees
Appearance fee paid to jurors ...................................................................................................$3.00
Service fee, including appearance fee, paid to jurors ...............................................................$6.00
Jury Deposit ........... ..... .... .......... ..... ... ......................................................................................$25.00
JUry Trial Cost..... ...................... ..... ................................................................................ Cost of Jury
WHEAT RIDGE MUNICIPAL COURT Fee Schedule is hereby adopted effective the 7th day of
August, 2008.
Done and Ordered this /7/i day of July, 2008.
BY THE COU~.T: ; /J /J A II
~~.~ D r~
Christopher . Randall, Presiding Judge
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 38-2008
TITLE:
A RESOLUTION AMENDING TtlE FEE SCHEDULE
FOR CRIMINAL JUSTICE RECORDS OF THE WHEAT
RIDGE POLICE DEPARTMENT AND THE WHEAT
RIDGE MUNICIPAL COURT
WHEREAS, the City Council finds that the Colorado State Legislature has passed House
Bill 08-1076 which amends C.R.S. 24-72-306 concerning the fees that criminal justice agencies
may charge for copies, printouts, or photographs of criminal justice records; and
WHEREAS, this amended statute will go into effect on August 7,2008, and will have a
direct impact on what the Wheat Ridge Police Department and the Wheat Ridge Municipal Court
may charge for criminal justice records that are released; and
WHEREAS, the amended statute authorizes criminal justice agencies to impose copying
costs for requested records at a certain rate in addition to the actual costs of searching for,
retrieving and redacting such records; and
WHEREAS, C.R.S. 24-72-306(1) further requires that such fees be "established by the
governing body."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The City Council hereby establishes fees for the provision of requested
criminal justice records as set forth in the attached fee schedules for the Wheat Ridge Police
Department and the Wheat Ridge Municipal Court.
Section 2. The purpose of this resolution is to establish those fees governed by C.R.S. S
24-72-306. Nothing in this Resolution shall affect the ability or authority of the Presiding Judge
of the Wheat Ridge Municipal Court to amend, by administrative order, any other type of fee or
cost the Court is authorized to impose and amend, from time to time.
DONE AND RESOLVED THIS
day of
2008.
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
ATTACHMENT 6
~ k A ~
~ ~ City of
?WheatRL-dge
ITEM NO:
\,13 '
REQUEST FOR CITY COUNCIL ACTION
~$~
nli un ~~
COUNCIL MEETING DATE:
July 28, 2008
TITLE: RESOLUTION NO. 39-2008 - A RESOLUTION AMENDING THE
FISCAL YEAR 2008 BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $7,344.00 FOR THE RENEWAL OF THE ANNUAL
MAINTENANCE AGREEMENT FOR THE CHANNEL 8
COMMUNITY BULLETIN BOARD SOFTWARE
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1 ST READING (mm/dd/yyyy)
D ORDINANCES FOR 2ND READING (mm/dd/yyyy)
Quasi-judicial:
DYES
~ NO
Pc
(rl~
UI
Cit~~~
EXECUTIVE SUMMARY:
The Channel 8 Community Bulletin Board is an essential communication tool in providing timely
and useful information to citizens about City services and programs. In order to continue to provide
high quality information on the Channel 8 Community Bulletin Board, staff is requesting approval of
a supplemental budget appropriation in the amount of $7,344.00 to renew the City's maintenance
agreement that supports the software licenses and the renewal of content feeds that air on the bulletin
board. The supplemental budget appropriation consists of transferring a total of $7,344 in Public
Education Government (PEG) FEE revenues from the General Fund. The current balance in the
PEG FEE fund is approximately $126,231.89.
COMMISSION/BOARD RECOMMENDATION:
No Commission or Board recommendation is necessary for this Council item.
STATEMENT OF THE ISSUES:
Per the City's Franchise Agreement with Comcast, PEG FEE revenues may only be utilized to
support equipment and maintenance associated with the operation of Wheat Ridge Channel 8. It is
important to note that PEG FEE revenues cannot be co-mingled with other General Fund revenues
and is intended solely to support Channel 8 operations. Staff finds the proposed supplemental
budget appropriation to be consistent with the purchasing guidelines as noted above and
recommends approval of the proposed request.
ALTERNATIVES CONSIDERED:
There are no alternatives for Council consideration pertaining to the requested funding.
FINANCIAL IMPACT:
The requested amount of the supplemental budget appropriation is $7,344.00.
RECOMMENDED MOTION:
"I move to approve Resolution No. 39-2008 amending the Fiscal Year 2008 Budget to reflect the
approval of a supplemental budget appropriation in the amount of $7,344.00 for the renewal of the
annual maintenance agreement for the Channel 8 Community Bulletin Board ~oftware."
,
\
or,
,_..1 i
. -' }
"I move to table indefinitely Resqlution No. 39-2008 for the following.
reason(s): "
Report prepared by:
Reviewed by:
Heather Geyer, Assistant to the City Manager/Public Information Officer
Randy Young, City Manager
ATTACHMENTS:
1. Resolution No. 39-2008
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 39-2008
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008
BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $7,344.00 FOR THE RENEWAL OF THE
ANNUAL MAINTENANCE AGREEMENT FOR THE
CHANNEL 8 COMMUNITY BULLETIN BOARD
SOFTWARE
WHEREAS, the City Council recognizes the Channel 8 Community Bulletin Board as
an important communication tool in informing the community about City programming and
services; and
WHEREAS, the use of PEG Fees can only be utilized for equipment needed for
operating Channel 8; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A. The City Council authorizes the Renewal of the Annual Maintenance Agreement
for Community Bulletin Board software.
.B. The City Council authorizes the transfer of $7,344 from the General Fund
undesignated reserves to account 01-111-700-704 and amending the 2008 fiscal
year budget accordingly.
DONE AND RESOLVED TIDS 28th day of Julv 2008.
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
AT I ACHMENT 1
""I.A.(
~ _ ~ City of
?WheatRL-dge
ITEM NO:
I.r:.
REQUEST FOR CITY COUNCIL ACTION
~~
nl[~
COUNCIL MEETING DATE:
July 28, 2008
TITLE:
APPROVAL OF AWARD ITB-08-27 2008 MINOR STREET
IMPROVEMENTS PROJECT IN ItlE TOTAL AMOUNT NOT-TO-
EXCEED $182,273.51
D PUBLIC HEARING
i:8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (mm/ddlyyyy)
D ORDINANCES FOR 2ND READING (mm/ddlyyyy)
Quasi-judicial: D YES
J~: ;::.~J
Director of Public Works
i:8J NO
City~U~
EXECUTIVE SUMMARY:
The 2008 Minor Streets Improvement Project consists of street reconstruction on Owens Street from 38th
Avenue to Lena Gulch, along with curb, gutter and pan reconstruction at 33rd Place and Ward Road. The
Owens Street reconstruction includes replacing pavement, providing a new concrete gutter pan to correct
the poor drainage and installing new sidewalk to Louise Turner Park. At 33rd Place and Ward Road,
curb, gutter and cross pan will be reconstructed on the west side of the intersection to eliminate standing
water due to flat grade.
On June 1,2008, seven (7) bids were received. All firms met the initial bid requirements except KECI
Colorado and Premier Paving, which did not complete the signature page. However, they were not
disqualified from the bid. The apparent low bidder was Brannan Sand and Gravel, Denver, Colorado in
the total amount of$165,703.19. Brannan Sand & Gravel's proposal met all of the bid requirements and
the references and experience were evaluated by Public Works Staff. It is recommended that the project
be awarded to the lowest responsible and responsive bidder, Brannan Sand and Gravel in the amount of
$165,703.19.
COMMISSIONIBOARD RECOMMENDATION::
N/A
STATEMENT OF THE ISSUES:
Bids for the 2008 Minor Streets Improvements Project, #S-02-08, were opened on July 1,2008. Seven
(7) bids were received. Due to high asphalt prices submitted from recent bids, this project was prepared
to receive bids for both asphalt and concrete pavement as options for Owens Street. The bids with
asphalt pavement option ranged from $165,703.19 to $295,222.00. The bids with concrete pavement
option ranged from $185,658.58 to $315,751.00. The Engineer's Estimates for the project with asphalt
and concrete option were $189,803.40 and $242,728.40 respectively. Since the pavement life-cycle cost
analysis indicated that the concrete option was higher than the asphalt option, and the impact to the
neighborhood of constructing concrete pavement is significant, Staff recommends the asphalt pavement
be selected for Owens Street.
The lowest responsible and responsive bidder, Brannan Sand and Gravel of Denver, Colorado, has met
the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and
experience on previous and current City projects, Staff recommends award to Brannan Sand and Gravel.
A 10% contingency amount of $16,570.32 is requested for the cost of other items related to the project.
AL TERNA TIVES CONSIDERED:
. . - .
No award and 2008 Minoi Streets Iinprovemeht Project will not be accomplished.
. ,
FINANCIAL IMPACT:
Funding for this program has been approved as the Minor Street Improvement Projects line item of the
2008 Capital Improvement Program budget in the amount of $230,000.00 and as the Parks and
Recreation Parking Lots and Drives Improvements line item in the amount of $85,000.00. Funds will be
transferred from CIP account 30-603-800-864 (Parks and Recreation Capital Projects) to the CIP Minor
Street Improvement Project account 30-303-800-840 to fund the sidewalk installation at Louise Turner
Park which is adjacent to Owens Street.
RECOMMENDED MOTION:
"I move to award ITB-08-27, 2008 Minor Street Improvements Project to Brannan Sand and Gravel,
Denver, Colorado in the amount of$165,703.19.
I further move that a contingency amount of$16,570.32 be established.
I further move that the Director of Public Works be authorized to issue change orders up to a total
contract and contingency amount of $182,273 .51.
I further move that all costs associated with this contract be paid from account number 30-303-800-840,
and that these funds be encumbered for the length of the project in accordance with Ordinance #787,
1989 Series."
or,
"I move to deny award of ITB-08-27, 2008 Minor Street Improvement Project for the following
reason( s) "
Report Initiated by: Steve Nguyen, Engineering Manager
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Linda Trimble, Purchasing Agent
ATTACHMENTS:
1. Bid Tabulation Sheet
2. Project Map
CITY OF WHEAT RIDGE
BID TABULATION
PROJECT: 2008 MINOR STREET IMPROVEMENTS
SIDIPROPOSAL NO.
ITS..o8-27
SiD DUE DA"TEITlME
07101/08 by 2:00 pm
-REQUESTING DEPT JOMSION
ENGINEERING
.
OPENED SY JL
Linda Trimble, Purchasing Agef!il
WITNESSED BY .
Crystal Brummette Cb
PAGE -1.-- OF. ,.,L
VENDOR ()4f4cJ.f I /3A~ c:! tJuU I<f!.. <:/ ~ 11 uo.-c...
SfU~ ,f~ . d.' bd:,/J.M.,u" r~a/.i(f ~tf (' AAAJ'A 0/1
~OCATlON jt.~ II ,/ ....., A t7 _I .. " _ /1
':At IJ~
DESCRIPTION -GOODS I SERVICES
SIGNATURE PAGE "f.L4 { yv.t CjI-4 1/;1 f!A-h>d,J.' t.1~ u-<4
. . "
LIST OF SUBCONTRACTORS {f/A tfU 1.1M," U;U- qu uU
. . v . . "-
NON-COLLUSION AFFIDAVIT CfA- (f'4 UM u/4 &yt4 ~-
" v v
CONTRACT<:)R QUALIFICATION ( :fA--4 t.jA...4 f1U' VVU t.fU' ~
. - " v "
ILL~GAL ALIEN FORM (/,(,4 ljfA ~ i/fPL' 4/4. t.fU-'
A
- - v v .
BID BOND I SECURITY tf4 t.yA- tyU (..jU- Lf4- t.fU
ACK. ADDENDUM 1 & 2 ~ ( jA-IJ- lfU '-'f'4- C-f/A I.4IA
u . .
SUBTOTAL WITH ASPHALT ) 37,c1'lf,1o wi, 33 'J... 3d. /19,956..'/0 /97. '113, (J() l"l/')' 15?Od /W, 'l~~,()O
,
SUBTOTAL WITH CONCRETE rrF,f)I5/o0 jWS,'iIO.'/.5 13().31G.1tJ ..J.r/I.I'i?J,OO /tfS,t.9Rfn.()O 154.05f1,a
SITEC g6L, o~r.1'c i.3, ?'1'1, <(3' II, CJ17. 00 2'7, 7IP5,OO. /9, Q9i',oo "':;0. q~(},?O
Su.bto{aJl ~ ~O 5<1, 57/..:10 3~5';J&.3q ',/3,3(P(g./() '"1001:1 .00 IOOI0(,.7.0(} L/1, </9i'. 5S
J:1IiB-O&-27 Bid Tab Sheet.doc
ATTACHMENT 1
CITY OF WHEAT RIDGE
BID TABULATION
BIOIPROPOSAL NO.
ITB-08-27
BID DUE DA TEITlME
07/01/08 by 2:00 pm
REQUESTING DEPT.fDIVISION
ENGINEERING
Orc,...~;;'~'i J
Linda Trimble, Purchasing AgW--
WITNESSED BY
Crystal Brummette c.iJ
PAGEL-OF of
PROJECT: 2008 MINOR STREET IMPROVEMENTS
VENDOR
LOCATION
DESCRIPTION -GOODS I SERVICES
SIGNATURE PAGE
LIST OF SUBCONTRACTORS
NON-COLLUSION AFFIDAVIT
CONTRACTOR QUALIFICATION
ILLEGAL AllEN FORM
BID BOND I SECURITY
ACK. ADDENDUM 1 & 2
SUBTOTAL WITH ASPHALT
SUBTOTAL WITH CONCRETE
SITEC
Suhtri:o.) ~ ~()
J:~TB-08-27 Bid Tab Sheetdoc
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CITY OF WHEAT RIDGE
2008 MISC. STREETS IMPROVEMENT
PROJECT# S-02-08
UNINCORPORATED
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ATTACHMENT 2
-. ~ .l .(
~_~ City of .
?WheatRL-dge
ITEM NO:
1J),
REQUEST FOR CITY COUNCIL ACTION
, ~
I Ill. WI ~~
COUNCIL MEETING DATE:
July 28, 2008
TITLE:
MOTION TO ACCEPT RIGHT-OF-WAY AT SOUTHEAST CORNER
OF 32ND AVENUE AND YOUNG FIELD STREET
D PUBLIC HEARING
IZI BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (mm/dd/yyyy)
D ORDINANCES FOR 2ND READING (mm/dd/yyyy)
Quasi-judicial: D YES
--:~"'~
~'~~_.t.- :r
IZI NO
j --
./-
Director of'Public Works
~CL:>~
City Mana~ a
EXECUTIVE SUMMARY:
FirstBank of Wheat Ridge is building a new branch bank at the southeast corner of32nd Avenue and
Youngfield Street adjacent to the Walgreen's store. The 2002 Walgreens at Maple Grove
Subdivision required that additional street right-of-way be dedicated adjacent to Lot 2 (the new
FirstBank site) at the time ofre-development. Based upon the design of the 32nd Avenue and
Youngfield Street widening associated with the interchange improvement plan (Cabela's Project),
slightly more right-of-way is required than envisioned in 2002. The deed from FirstBank provides
all of the right-of-way needed at this corner.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
During the Walgreens construction at Maple Grove Subdivision in 2002, a 9' wide sidewalk
easement was dedicated and an 8' strip of Right-of-Way was reserved along both the West 32nd
Avenue and Youngfield Street frontages. The Final Plat states that the 8' strip of ROW reservation
was to be dedicated upon development of Lot 2, which is the site of the FirstBank development
currently under construction. In addition, the Youngfield Street and 32nd Avenue intersection has
been recently redesigned and the new design requires an additional narrow strip of ROW along both
street frontages. The additional strip, combined with the original ROW reservation and sidewalk
easement, will provide adequate area for the proposed public improvements to be constructed per
the new intersection design. FirstBank of Wheat Ridge has agreed to dedicate both the original
ROW reservation area and also the additonal strip of ROW necessary to place the proposed
improvements within the public Right-of-Way.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
Approval of this Right-of-Way dedication will cost the City of Wheat Ridge $10.00.
RECOMMENDED MOTION:
"I move to approve the Right-of-Way dedication as described on the Warranty Deed"
or
"I move to deny the Right,6f-Wa)rdedication for the following reasons:
,,- ~.
Report Initiated by: Dave Brossman, Development Review Engineer
Report Prepared by: Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Warranty Deed
Locllli.on: 3190 YOllIlgfield Street
Wheat Ridge, CO 80033
WARRANTY DEED
WITNESSETH THAT , whose address is 12345 W Cofax Ave, City of Lake-
wood, ' for the consideration of 10 and 00/100 ($10.00). in
hand paid, acceptance, sufficiency, and receipt of which is hereby acknowledged, do hereby grant, bar-
gain, sell, and convey unto the City of Wheat Ridge. a municipal corporation in the State of Colorado,
whose address is 7500 West 29th Avenne. Wheat Ridge, County of Jefferson, State of Colorado, 80033.
the following real property situate, lying and being in the City of Wheat Ridge, County of Jefferson,
State of Colorado, to wit:
A tract of land lying in Lot 2, Walgreens at Maple Grove Subdivision Filing No.1, as described
at Reception Number F1406991 in the official records of the County of Jefferson, State ofColo-
rado, located in the SW% of Section 29, Township 3 Sonth, Range 69 West of the 6th Principal
Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. being more particularly
described as:
- SEE ATTACHED n.AmDu A-
NOTE: All bearings are relative to one another and are based on the bearing of the north line of
the SW 14 of said Seotion 29 being N 89' 29' 42" E.
Said tract contains 6301 square feet (0.145 acres) more or less.
Said traotto be used as: Right-of-Way
Also known by street and number as: 3190 Y oungfield Street, Wheat Ridge, Colorado, 80033.
With all its appurtenances, and warrant the title to the :lame subject to easements, rights of way and
restrictions of record, if any.
Signed this..1r9....- day of -Mv
,2008.
::ffia~^fWhe(rr
---~~
~~
STATE OF COLORADO
)
)SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this ~ day of.1Ybl..-, 2008, by Dave
Cicchlnelli as Vice President ofFirstBank of Wheat Ridge:.
My commission expires: '~:16 ,~. Witness my hand and official seal.
~ /)h.&h~j
Notary Public
The drafter of this description is William O. BWltroek, P.LS., prepared on behalfofV3 Companies ofColotado, 2300 Blake
Street, Ste 130, Denver, Colotado, 80205 and isnotto be COl\Sb'Ued as representing a monumented land smvey.
AI TACHMENT 1
(W
EXHIBIT A
SHEET 1 Of 2
-
ve.illml
'<<l0Ym
DESCRIPTION FOR RIGHT-OF-WAY DEDICATION
A PARCe. OF LAND LYING IN LOTI. WALGREENSAT MAPLE GROVE SUBDfVISION RUNG NO.1, RECEPTION No. F1406991 IN THE
JEFFERsoN COUNTY CLERKAND RECORDER'S OFACE, LOCATED 1N.1lIENQR1"HEASTQUARTER OFTHE SotmiWESTQUAR11i:R
OF SECTION 29. TOWNSHIP 3 SOUTH,. RANGE 69 weST OFntE SIXTH PRINCIPAL MERIDIAN. CITYOf' WHEAT RIDGE, JEFFeRSON
COUNTY, COLORADO, BEING MOREPARTICIJl..ARLY DESCRIBED AS FOU.OWS:
COUMENCING AT THE CeNTER ONE WEST SIXl1i!NTH CORNER OF SECTlON 29. WHENCE l1-IE CENTER QUARTER CORNER OF
SAID SECTION 29, BEARS N89"29'42"e,ADISTANCI; OF 1322A1 FEET; .
n-tENCE mlV29'42"&.Al.ONG THE NORTH LINE OF THE NORlHEASTQUARTEROFTHE SOUTHWEST QUARTER OF SECTlON 29A
DISTANCE OF 19O.8B FEET,
THENCE SOO~3O'1&'E. A DISTANCE OP 30.00 FEeT TO THE NORTHERLY UNE OF SAID lOT 2, WALGREENS AT MAPLE GROVE
SUBDIVISION FUNG NO. 1 BEING THE POIHTOf BEGINNING;
THENCE SOO"49'OD"E, A DISTANCeOf' 17.00 FEET;
mENCE S86"37'56"W. ADlSTANCE OF 71.D8 FEET;
THENCE SS9"29'4O"W. A DISTANCE OF 19.93 FEeT TO A POINTOF CURVAnJRE;
THENCIi, ALONG SAID TANGENT CURVE TO THE LEFT, HAVING A ClfNTRALANGLE OF W18"40-, A RADIUS OF 39.50 FEET. AN ARC
LENGTH OF 62.26 FEET. A CHOM reAT PEARS S44020'20"W,ADlSTANCf! OF 56.01 FEET;
llIENCI! SOO.49'OO-E. A DISTANCE OF 140.07 FEET. TOAPOINT ONl'HI! SOUTH LINe: OF SAID lOT 2;
THENCE S89"'29'39"W. ALONG SAID SOUTH LINE, A DISTANCE OF 19.09 FEETTO A POINT ON me FORMER WESTERLY LINE OF SAID
lOT ALSO BEING THE NORTHWEST CORNER OF A30 FOOT ACCESS EAS!MENTRECORDEO AT RECEP110N NO. 92072633;
THeNCE NOO-49'OO"W. ALONG SAID FORMER WESTERLY LINE. A DISTANCe. OF 156.10 FEETTOAPOINTOF CURVA11JRE;
THENCE, ALONG SAID TANGENT CURVE TO llIE RIGHT..HAVlNG A CENtAALANGLe OF90-18'4O", ARADIUS OF 44.00 FEET ANOAN
ARC LENG11-I OF 69.35 FEET,A CHORD nlATBEARS N44"20'20-e, A DISTANCE OF 62.39 FeeT. TOA POINT ON THliNORTH LINE OF
SAID LOT; ",
THENCE N69"29'4O"E. ALONG SAID NORnf LINE, A DISTANCE!! OF 105.60 FEETTOTHE POINT OF BEGINNING.
CONTAINING 6,301 SQUARE FEETORO.145 ACRI!S t
ILLUSTRAll0N ATTACHED HERETO ANO INCORPORAlEO BY REFERENCE.
SURVEYOR'S CERnFlCATE
I HEREBY CERTIFYlHAT THE ATTACHED LEGAL DESCRIPllON
WM PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO IS ACCURATE
TO THE BEST Of MY~OWLEDGE AND BIlUEF.
WILLIAM G. BUNTROCK. PLS 35585
FORAND ON BEHALF OF
V3 COMPANIES Of COLORADO. LTO.
PROJ: 006013
V3 COMPANIES OF COlORADO 2399 Bl.AKE stRBrr.. STE.. 130. DENVER.. CO. 80205 PH: 303-989.&588 FX: 303-989-9932
IiENIiilR CHICAGO PHOENIX
p 0 C ~ 1/;1 co~ Sf!\1a
C~N' IV 1/16 WEST32NDAVENUE FOUND 3-1/2" BRA~
~UND 3-1/"" ALUMINUM (R-O-WVARlES) ST~P~ ~~i3:;
CAP IN RANGE BOX <II . .. I
STAMPEO '"LS 131""" BASIS OF BEARINGS - N89 2942 E 1322.47
NORTH UNE OF lliE SW 1 '" OF SECllON 29 _
-S'""u'SElAENT 190.811', -P:O.B. 1131.59' (MEASfI!!P'i" ~~
PER WALGREENS AT MAPLE GROVE ,,-SOO'30'18"E. 0.111 Il!lI" ,8 al,.
SUBDIVISION flUNG NO, 1N89029' 0"[ OS 50 3000' ~. alt tl.a, ,8 21
, r,'., I - " ,. n. ((eO( ft'.'
; . ~ ~500049'OO"E
({ / ~ \586;;;?~~"W
l 589029' 40"W 71.08'
1 9.93' 10' RIGHT. OF WAY
}... ER WALGREENS AT MAPLE QROVE
o SUBOrWSfON flUNG NO. 1
ci
v
.C!'RVE TAB~,~ 1
LENGTH RADIUS DElTA I CHORD DIRECTION I CHORD LENGTH
69.55' 44.00' 90'18'40" N44'20'io''t 62.39'
.26' 3. . 90'18'40" S44'20'20"W 56.01' I
~H:I~~~mos.iCrM.:n~~ PARCEL CONTAINS APPROX. 6.301 SQ. FT. (0.'45 ACRES:t)
RIGHT-OF-WAY DEOICATlON
FIRST BANK YOUNGFIELD
LYlNG\'Il1KN LOTt. WAlGREEN8 AT MAPlE GROVE SUBDMSlON FlUNG NO. 1
lOCAlEDIH1IfENEf(4OFme:SWfHOF8Ec.2t. T. ss., It. 61W.OFlHE6lhfl.M..
cm:OFWHMTRlCiGE,COUNTVOFSFERSON, .
REV. 1-03-08 STATeOFCOlOlV.oO
J08No.OO6O.!..~_~~~ 1-=50'
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LOT 2.
WALGREENS AT
MAI'l.E GROVE SUBDMSION
FlUNG NO.1
8' RIGHT OF WAY
ER WALGREENS AT MAPLE GROVE
SU801VS1ON FlUNG NO. 1
9' EASEMENT
ER WALGREENS A. T MAPLE GROVE
SUBDIVISION RUNG NO. 1
~S89.29'39"W
19.09'
eAPLM GROV~ GRANGE
(BK.6f7. PG.268J
cw Engineers ""'.bbS~"'''''I30
Denvw.COaG2:05
Scientists 303.9&9.8S88YOic;
.......-..
Surveyol1I __
COMPANlBSOFCOLO.RADO.LID.
LO~Ii!~; blfllUSIOi\!
'98blLG~E slIiI@1 'l
GRO' l1li0.
i1IIblPLE FI~Ii!G
PA.GE.20F2
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.' < ' city of .
pWlieatRL.dge
ITEM NO:
~I
REQUEST FOR CITY COUNCIL ACTION
4it~
"-->""~ V ,,,.p/' ,
~~ nu un
COUNCIL MEETING DATE:
July 28, 2008
TITLE: COUNCIL BILL NO. 10-2008 - 2nd READING OF AN ORDINANCE
AUTHORIZING Hlli APPROVAL OF A CHANGE OF ZONING
CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL
DEVELOPMENT AND FOR APPROVAL OF AN AMENDED
OUTLINE DEVELOPMENT PLAN AT 6340 W. 38TH AVENUE
(CASE NO. WZ-08-02/SHA W SIGN FOR HIGHLAND SOUTH AND
WEST)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR I ST READING (06/23/08)
~ ORDINANCES FOR 2ND READING (07/28/08)
Quasi-judicial: ) ,)~ YES
_, . M Ii\ ~
~':) /
Director of Commwhf eve opm t
I
o NO
City~~r~
EXECUTIVE SUMMARY:
The applicant requests approval of a change of zoning conditions on property zoned Planned
Residential Development pursuant to Case No. WZ-81-28 and for an amended Outline Development
Plan (ODP). The subject property is located at 6340 W. 38th Avenue (Highland South and West
multi-family residential development).
The applicant is requesting that one of the development standards of the zoning on the property be
modified to allow a larger sign. A change of development standards for a specific zoning approval
requires a zone change process.
This case was not eligible for administrative approval. This case was recommended for approval by
Planning Commission at a public hearing held on June 5, 2008.
This City Council action is related to Goal 3 of the Strategic Plan of partnering between the City,
community and region.
COMMISSIONIBOARD RECOMMENDATION:
This case was reviewed by Planning Commission at a public hearing held on June 5, 2008. A
recommendation of Approval was given with the following conditions:
1. The title be corrected to reflect an ODP amendment.
2. The legal description be corrected.
3. A note shall be added that all other provisions of the existing ODP remain in force.
4. It be noted that the site data table on page one relates only to Lot 1.
STATEMENT OF THE ISSUES:
The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses
and development standards. One of the development standards typically established by the ODP is
signage allowances.
The ODP for the Highland South and West development indicates that signage on the property is to be
consistent with City of Wheat Ridge zoning and development code. The sign code allows residential
development to have one freestanding sign per street front with a maximum of 32 s.f. per sign face and a
maximum height of 7' .
The applicant is proposing a sign which is 10'-4" in height with 60 s.f. of sign copy per face including
a changeable copy time and temperature sign. Because the proposed signage exceeds the maximums in
the zoning and development code, the underlying zoning and ODP plan must be modified.
ALTERNATIVES CONSIDERED:
1. Approve the change of zoning conditions and amended ODP.
2. Do not approve the change of zoning conditions and amended ODP.
FINANCIAL IMPACT:
A one time review fee was collected for the processing of this application. Building permit fees and
use tax will be assessed at the time of building permit for the sign.
RECOMMENDED MOTION:
"I move to approve Council Bill 10-2008. Case No. WZ-08-02, A Request for Approval ofa
Change in Zoning Conditions on Property Zoned Planned Residential Development and for
Approval of an Amended Outline Development Plan for Property Located at 6340 W. 38th Avenue
for the following reasons:
1. The sign is an appropriate amendment for the site in that it is proportionate to the northern
structure on the property.
2. The sign code does not distinguish between a three unit multi-family development or one of
this size which has 237 units.
3. The proposed sign would be an investment in the property.
With the following conditions incorporated into the plan set prior to recording:
1. The title be corrected to reference Highland South Planned Residential Development.
2. The legal description be corrected.
3. A note be added that all other provisions ofthe existing ODP remain in force.
4. It be noted that the site data table on page one relates only to lot one."
Or,
"I move to table indefinitely Council BilllO-200S, Case No. WZ-OS-02, A Request for Approval of
a Change in Zoning Conditions on Property Zoned Planned Residential Development and for
Approval of an Amended Outline Development Plan for Property Located at 6340 W. 3Sth Avenue
for the following reasons:
1. There are options available for signage on the property which are consistent with the
existing sign code and ODP.
2. The criteria used to evaluate a change in zoning conditions do not support the request.
3. The proposed architectural sign elevations are inconsistent with "human scale design" as
called for in the Multi-Family Residential Design Standards in the Architectural and Site
Design Manual.
4. A precedent could be set for other similar requests."
Report prepared by: Meredith Reckert, Senior Planner
Report reviewed by: Kenneth Johnstone, Director, Community Development
ATTACHMENTS:
1. Planning Commission Staff report (with exhibits)
2. Corrected Council Bill No.10-200S
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
DATE OF MEETING: June 5, 200S
CASE MANAGER: Meredith Reckert, Senior Planner
CASE NO. & NAME: WZ-OS-02/Shaw Sign for Highland South and West
ACTION REQUESTED: Approval ofa change in zoning conditions (standards) and for an amended PRD
Outline Development Plan
LOCATION OF REQUEST:
APPLICANT:
OWNER (S):
APPROXIMATE AREA:
6340 W. 3Sth Avenue
Shaw Sign and Awning
United Presbyterian
S.3 acres
PRESENT ZONING: Planned Residential Development
COMPREHENSIVE PLAN: Planned Residential Development (not to exceed 16 du's per acre)
ENTER INTO RECORD:
COMPREHENSIVE PLAN
ZONING ORDINANCE
CASE FILE & PACKET MATERIALS
DIGITAL PRESENT AnON
Location Map
I SITE
Planning Commission (June 5, 2008) ATTACHMENT 1
Case #WZ-08-02/Shaw Sign for Highland South and West
I. REQUEST
This application is for approval of an amended Outline Development Plan for property located at 6340
W. 38th Avenue.
The purpose of the ODP amendment is to allow for a freestanding sign which exceeds the residential
standards of Article VII. of the zoning and development code in an existing Plarmed Residential
Development District. Pursuant to Section 26-112.B.2., a zone change process is required when
changing the conditions of an existing zone district where those conditions were specifically
established by a previous zoning action. In this case, the change of zoning conditions is the proposed
modification to one of the development standards regulating signage.
II. EXISTING CONDITIONS
The property in question is zoned Plarmed Residential Development having been rezoned from R-3,
Residential-Three, and R-2, Residential-Two in 1982 pursuant to Case No. WZ-81-28. It is comprised
of8.3 acres oftotalland area and has street frontage on West 38th Avenue. (Exhibit 1, existing ODP)
The plarmed development is comprised of two components. Highland West is an eleven story senior
housing facility built in 1961. It contains 120 dwelling units which results in a density of 43 dwelling
units per acre.
Highland South was constructed in 1982 subsequent to the zone change and consists of three, three-
story structures with 117 dwelling units. Highlands South is located to the south of Highlands West
and obtains access through the northern property to W. 38th Avenue.
III. CASE ANALYSIS
The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable
uses and development standards for a plarmed development. It is typically general in nature and serves
as the blueprint for development of the property by showing approximate areas oflandscaping,
building footprints and parking. The Outline Development Plan is used to establish design parameters
including maximum building height, minimum landscaped coverage and minimum perimeter setbacks.
One of the standards typically established by the ODP document is signage allowances.
The ODP for the development has the following note regarding signage: "There will be one
freestanding sign at the 38th Avenue entrance which will be aesthetically pleasing and will consist of
the development's name. All signage will comply with all Wheat Ridge Zoning Ordinances and other
authorities having jurisdiction."
The sign code allows residential development to have one freestanding sign per street front with a
maximum of 32 s.f. per sign face and a maximum height of 7'.
Because the sign will be identifYing both Highlands West and Highlands South, Staff would allow up
to 64 s.f. of sign area, thus allowing 32 s.f. for each of the portions of the property on a single sign. If
these standards were followed, and the sign were 7' in height, only a building permit would be
required for erection ofthe sign.
The applicant is proposing a sign which is 10'-4" in height with 60 s.f. of sign copy per face including
Plarming Commission (June 5, 2008)
Case #WZ-08-02/Shaw Sign for Highland South and West
2
a changeable copy time and temperature sign. Part ofthe height of the sign is due to an architectural
embellishment which creates a mountain silhouette at the very top. The sign will be set back IT from
the front property line. The base of the sign, which appears to be over 2' in height, will match the
existing brick used in the Highland West apartment structure. (Exhibit 2, Proposed ODP amendment)
Because the proposed height of the sign exceeds the maximum residential sign height ofT, an ODP
amendment is required.
IV. NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on November 14, 2007. (Exhibit 4, neighborhood
meeting notes, Exhibit 5, Sign-up sheet)
V. AGENCY REFERRALS
All responding agencies have indicated "no comment" with regard to the proposed sign.
Public Works has indicated that the sign will not interfere with the project entry sight triangle.
VI. CRITERIA FOR ADMINISTRATIVE ODP AMENDMENT APPROVAL
Section 26-311.B. of the zoning and development code prescribes that amendments to Outline
Development Plans can be approved administratively if they do not impact any ofthe planned
development district attributes.
1. Increase in the gross floor area of strnctures beyond the authorized maximum allowed on the
approved outline development plan.
The proposed amendment will not result in an increase of gross floor area as prescribed by the existing
ODP document.
This attribute would not be impacted.
2. Proposed land uses are not permitted on the approved outline development plan.
No additional land uses are being proposed. The property will remain as an elderly multi-family
development.
This attribute would not be impacted.
3. Increase in density or intensity of use.
One may argue that the higher sign is an increase in intensity of use ofthe property. However, the
structure on the property is the tallest building in Wheat Ridge being II stories in height. The
applicant therefore contends that the 10'-4" sign will be proportionate with the building. The existing
sign is unattractive and does not adequately identifY the Highland West and Highland South
properties.
Staff believes that a l' high sign would provide adequate visibility for the property and would still be
proportionate. The sign as proposed could be modified by removing the time/temperature reader
board and reduction of the base meeting the l' height maximum prescribed by the sign code.
Planning Commission (June 5, 2008)
Case #WZ-08-02/Shaw Sign for Highland South and West
3
This attribute would be impacted.
4. Decrease in perimeter setbacks.
There will be no reduction in setback as a result of this request.
This attribute would not be impacted
5. Reduction in required buffer areas.
There will be no reduction in buffer areas as a result of this request.
This attribute would not be impacted
6. Increase in height of any structures.
The request would modifY the height of one of the permitted accessory structures on the property. No
other residential development in the City of Wheat Ridge has a sign exceeding Tin height.
This attribute would be impacted.
Attached is the applicant's letter which includes justification for the request. (Exhibit 3, applicant
letter)
This request was reviewed by the Community Development Director for administrative approval and
was denied based on an increase in the intensity of use and the increase in structure height. Therefore,
it was scheduled for public hearing review in front of Planning Commission, who will give a
recommendation to City Council.
V. ZONE CHANGE CRITERIA
Staff has the following comments regarding the zone change criteria. The Planning Commission
shall base its recommendation in consideration of the extent to which the applicant demonstrates
the following criteria have been met:
1. The existing zone classification currently recorded on the official zoning maps of the City of
Wheat Ridge is in error;
The official zoning map is not in error. The parcel is currently zoned Planned Residential
Development.
2. A change in character in the area has occurred due to installation of public facilities, other
zone changes, new growth trends, deterioration, or development transitions,
Development along West 38th Avenue continues to be a mix of both commercial and residential
development. Much of the existing residential development, particularly single family homes, is
deteriorating. There has been some investment in commercial properties in the immediate vicinity.
The proposed sign which is unattractive and inadequate for project identification and would result in
an investment in the property.
Planning Commission (June 5, 2008)
Case #WZ-08-02/Shaw Sign for Highland South and West
4
The Planning Commission shall also f"md that the evidence supports the finding of at least four
of the following:
a. The change of zone is in conformance, or will bring the property into conformance, with
the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related
policies or plans for the area;
The Comprehensive Plan designates the property as PRD (Not to exceed 16 du's per acre). The
proposed modification to the underlying zoning for the property would not be inconsistent with the
Comprehensive Plan, even though it does not meet the prescribed density cap.
Staff concludes that the proposed change of zoning conditions and ODP amendment have met this
criterion.
b. The proposed change of zone is compatible with the surrounding area and there will be
minimal adverse impacts considering the benefits to be derived;
The subject property is surrounded to the north, west and east by a variety ofland uses including low
and high density residential and commercial land uses. The proposed sign amendment is more
commercial in nature, than residential. The existing multi-family high rise is the tallest building in
Wheat Ridge and the applicants believe the proposed 10'-4" high sign is proportionate to the size and
height of the building. Staffs believes that the existing sign code provisions could be followed and
provide adequate advertising for the complex.
Staff concludes that the proposed change of conditions and ODP amendments have not met this
criterion.
c. There will be social, recreational, physical and/or economic benefits to the community
derived by the change of zone;
There will be economic benefits as a result of the change of development standards due to a positive
investment in the property. The existing sign is unattractive and does not provide adequate visibility
for the complex. Many visitors to the complex are elderly which exacerbates the visibility issue.
Planning staff is more concerned for the setting of precedent for other similar requests.
Staff concludes that the proposed change of conditions and ODP amendments have not met this
criterion.
d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist or
are under capacity;
All agencies can continue to serve the property.
Staff concludes that this criterion is not applicable.
Planning Commission (June 5, 2008)
Case #WZ-08-02/Shaw Sign for Highland South and West
5
e. The change of zone will not adversely affect public health, safety or welfare by creating
excessive traffic congestion, creating drainage problems, or seriously reducing light and air to
adjacent properties;
The larger sign will not negatively affect traffic congestion, drainage concerns or reduce light and air
to adjacent property. Public Works has determined that the proposed sign will not result in a sight
distance problem, therefore, public health and safety will not be impaired.
Staff concludes that this criterion has been met.
3. The application is in substantial compliance with the applicable standards set forth in the
Architectural and Site Design Manual.
The proposed sign is generally attractive and incorporates brick into the base which matches that used
in the high-rise. However, it is definitely not designed with "human scale" in mind as detailed on the
rendering in the right hand comer of the ODP document. For this reason alone, Staff has concluded
that the proposed ODP modification is inconsistent with applicable standards in the Multi-Family
Residential Design Standards in the Architectural and Site Design Manual.
Staff concludes that this criterion has not been met.
VII. STAFF CONCLUSION
Staff has concluded that there are options available for signage on the property which are consistent
with the existing ODP document and sign code. The sign could be easily modified to be consistent
with the T height limitation, while providing adequate visibility for the development.
While Staff concludes that a new sign will result in an investment in the property, this could be
achieved under the existing conditions. Because the proposed sign is not consistent with "human
scale" design as called for in the Architectural and Site Design Manual and because precedent could
be set for similar requests, a recommendation of DENIAL is given for Case No. WZ-OS-02.
VIII. SUGGESTED MOTIONS:
Option A: "I move to recommend DENIAL of Case No. WZ-OS-02, a request for approval of a
change in zoning conditions and an amended Outline Development Plan for property located at 6340
W. 3Sth Avenue for the following reasons:
1. There are options available for signage on the property which are consistent with the existing sign
code and ODP.
2. The criteria used to evaluate a change in zoning conditions do not support the request.
3. The proposed architectural sign elevations are inconsistent with "human scale design" as called for
in the Multi-Family Residential Design Standards in the Architectural and Site Design Manual.
4. A precedent could be set for other similar requests."
Option B: ": "I move to recommend APPROVAL of Case No. WZ-OS-02, a request for approval of a
change in zoning conditions and an amended Outline Development Plan for property located at 6340
W. 3 Sth Avenue for the following reasons:
Planning Commission (June 5, 200S)
Case #WZ-OS-02/Shaw Sign for Highland South and West
6
1.
2.
3."
Planning Commission (June 5, 2008)
Case #WZ-08-02/Shaw Sign for Highland South and West
7
t'"
SHt\W$I<:?f:.J ~;4\WN I NG ,..' N~,
... ~t .
901 S.W. FRONTAGE ROAD, FORT COLLINS, CO 80524 (970) 493-6244 FAX (970) 493-6288
October 9, 2007
City of Wheat Ridge, Colorado
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Meridith Reckert, AICP
Senior Planner
RE: Final Planned Development Amendment for Highland South Planned Residential Development located at
6340 West 38th Avenue, aka Highland West Apartments.
Owner: United Presbyterian Association
6340 West 38th Avenue
Wheat Ridge, CO 80033
303/424-9401
Lisa Brown, Property Mgr.
Pronosed Chan2:e to Final Planned Develonment
The applicant is requesting to amend the existing Final Planned Development Plan for the Highland South
Planned Residential Development, to allow the installation of one (1) new internally illuminated freestanding double
face sign to the northeast comer of the property that would not comply with Section #26-410 (d) (2) and Section
#26-410 (d) (4) of the City of Wheat Ridge municipal code to replace an existing freestanding sign in approximately
the same location.
The requested new sign would adhere to all other sections of the Wheat Ridge municipal code including
setbacks from adjacent properties and Street Right-of-Ways and be displayed in a landscaped area. Actual setbacks
will be 17' -0" from West 38th Avenue (adjacent to the north property line) and 21' -0" from the private drive located
on the east side of the subject property. Further, this request asks for an allowance of up to a maximum of 64 ft2 per
face vs. the allowed 32 ft2 per face, and an increase in height to 10'-4" vs. the allowed 6'-0" height restriction.
Lastly, we respectfully request the allowance of one (1) single face electronic time and temperature sign of
approximately 3.75 ft2 per face to the proposed sign.
We, the petitioners do not foresee the granting of this request creating any traffic and/or public safety
problems, and feel the proposed amendment will result in the facilitation of easier communication between the
people and their surroundings, while conserving the character and economic value of the buildings and
neighborhoods in the City of Wheat Ridge community.
Cordially submitted,
Richard Garlock
Shaw Sign & Awning, Inc.
Owner Representative
303/522-7482 (mobile)
EXHIBIT 3
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031 235-2846 Fax: 303/235-2857
The City of
Wheat Ridge
NEIGHBORHOOD MEETING NOTES
Date:
November 14, 2007
City Staff Present:
Travis Crane, Plamler II
Location of meeting:
Highlands West Apartments
6340 W. 38th Avenue
Property address:
6340 W. 38th Avenue
Property owners:
United Presbyterian Association
6430 W. 38th Avenue
#101
Wheat Ridge, CO 80033
303-424-9401
Property Owner(s) present?
Yes
Applicant representatives:
Rich Garlock
Shaw Sign and Awning
901 S.W. Frontage Rd.
Ft. Collins, CO 80524
970-493-6288
Existing Zoning:
PRD, Planned Residential Development
Comprehensive Plan Designation: PRD (16 dwelling units/acre)
Applicant's Proposal: The property owner would like to construct a new freestanding sign
adjacent to W. 38th Avenue. The sign would replace the existing freestanding sign, and would
advertise both properties (Highlands Wes and Highlands South). The new sign would be
approximately 10 feet four inches in height, and would contain a four square foot time/temperature
display. The owners would prefer to have a ten foot tall sign to minimize any damage/vandalism
from passers-by. The sign would meet the required setback from W. 3 8th Avenue, and would not
conflict with any existing trees.
The following issues were discussed regarding the proposed amendment to the Highlands
West Outline Development Plan and proposed sign modifications:
. Will the sign be lit? Yes, the sign will be internally illuminated.
EXHIBIT 4
· Will it be easy for passing cars to see the sign? Many times taxis and visitors to the property do
not see the existing sign. Yes.
· Will you cut down any trees? No.
. How high will the sign be? 10' high.
. How is the proposed sign out of conformance with today's regulations? Per the existing ODP
document, and today 's standards, a freestanding sign if limited to 64 sf since it will be
advertising two properties with a maximum of7' of height.
. Will the sign obstruct anyone's view from the building? No
. Will the sign allowance change allow other properties to build larger signs? No, other
residential properties would need to follow the sign code which allows one freestanding sign
with 32 sf of sign copy 7' in height.
· Can the city move the traffic light on 38th A venue to the east to align with the eastern drive aisle
into the property? That issue will be pursued by staff with the public works department.
· Can the city install a one-way sign on the east drive aisle into the property? Because it is
private property, the property owner would be responsible for this.
2
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INTRODUCED BY COUNCIL MEMBER
Council Bill No. 10-2008
Ordinance No.
IITLE:
COUNCIL BILL NO. 10-2008 - AN ORDINANCE
AUTHORIZING THE APPROVAL OF A
CHANGE OF ZONING CONDITIONS ON
PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT AND FOR
APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN AT 6340 W. 38TH
AVENUE (CASE NO. WZ-08-02/SHA W SIGN
FOR HIGHLAND SOUTH AND WEST)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO THAT:
Section I., Upon application by Shaw Sign for United Presbyterian, approval of
change of zoning conditions on property zoned Planned Residential Development approved
pursuant to Case No. WZ-81-28 and for approval of an amended Outline Development Plan for
property located at 6340 W. 38th Avenue and pursuant to the findings made based on testimony
and evidence presented at a public hearing before the Wheat Ridge City Council, a change of
zoning conditions and an amended Outline Development Plan are approved for the following
described land:
LOT 1, BLOCK 1 AND LOT 2, BLOCK 2 OF HIGHLAND SOUTH SUBDIVISION,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Prooertv Rights. Approval ofthis change of zoning conditions
and amended Outline Development Plan 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. Safetv 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 ofthe 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. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning
Code or the application thereof to any person or circumstances shall for any reason be adjusted
1
ATTACHMENT 2
by a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
Section 5. Sunersession Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this _ day of , 2008, 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 .2008, at 7:00 o'clock 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 , 2008.
SIGNED by the Mayor on this
day of
,2008.
JERRY DITULLIO, MAYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
151 publication:
2nd publication:
Wheat Ridge Transcript
Effective Date:
2
Purpose orlhe Outline Development Plan (ODP) Amendment is
10 nllow signnge l~)r the development whieh exceeds the
residential signage standnrds urlhe zoning nnd development code
as stipulated by' ODP document.
Seetion16-112.B,1. provides a zuneehilnge process is required
whel1 modil~"ing lhe condiliolls of an existing Zllne district
which includes dc\'c1opmCnl slilndards regulilting signage.
rhc \'chicle l~lr m()dij~'illg the standards in a plnllned
den;!oj)ment is Ihe ODP document.
Existing Conditions
I-lighland West (northern portion) built in 1961 -
12n du's 0112.8 acres in an II story bllildin~.
Highland West is the tallest building in City.
Bolh portions rezoned from R-2 and R-3 to
Planned Residelllial Development in 1982.
Highland South (southern portion) huilt in 1982-
Three, three-storv structures with 117 dll's on 5.51
acres including pllblic open space dkectly to the
south (adjacent to cOllnllunity center).
Highland South has no direct sIred frontage hut
gains access to 381h A venue through Highland
West.
1
2
Outline Development Plan (ODP)
Document
Controlling development document lor <l planned development
zoning which regulates the Jollowing:
Al10wablcuses
Development St,mdards (max. building height. min.
landscaped co\'emge, perimeter setbacks)
,\Iso cunlrolssignagc
Existing aD!'
Provisions for signage: "There will be one free
standing sign at the 381h Avenue entrance which will
be esthetically pleasing, <lnd will consist of the
development's name. All signage will comply with
all Wheat Rid!..';c ZOnitH.( Ordinances and other
authorities ha':;e jurisdiction."
Existing sign code: Allows one sign per street li'ont
up to 32 s.t: per side with a maximum height ofT
and setbac k 5'.
Staff has indicated that we would allow one sign with
64 s.t'. (32 s.f.per development) with (J max. heighl of
T.
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Zone Change Criteria
ClllTcntzoning;sPRD,
CI1.IIl;,.oofcondilil'!lS r~'\luircsLOllCd"ll1ScpH1CCS5.
W,38"':\\'CllllC--mixofrcsidcnlialallllcnlllln,:"ciJlwilbdclCri',1'aI;,'n;n
,'Hll~placesalld inl'estment in other,
bisling sisn.is_\lI1.lItr"cti\'c and inJdcqumc I;". p1\).i~,\;1 i.d n~w "s"
\n'uld],csll]11l1I1ln>-'lln~nl111thcpr<1p"l1y.
Prop,',(\lsi_~J1 i., cllm"":I,.;"t ill n,lllI'-":. SwffbdicICSllia\ thee.,istin:! sign
COdl'(OlLldlll:I,'II("\"Ld",,,lpr""'d~"lkql1mci.d, t,'rpl'c,pCn,
COlllprchcns;YC'l'lalllk,ignal;Oll: l'RDI l(i du"s pc.r <lcrc)
Ecollomic l.....lld'ts duc" 10 upgrade in the Pt<\P~11:' but nndd \1.: prccc(knt
,cuing
:\gcn~ics c,'" CnnlillllC 10 s,,,-,,c
;\,, 1]('~~li\'c ill\p~([ ,H\ Irani" Cl)l\gc_'lil\ll. d,-"in,lgc. amo"nt "I' li~bl and ail
loadiac':lllpr,)p':J1tc".Mhc."lih.s:okl~'nr\\'drar"
In""I1.,isl.:r11 lI'ill1--jllJ[nanSClk-. '''''':'1lLir~d hy _,ISn.\!
JfCityCOllncil chooses 10 approve the amendment, Stnfr
recommends the (allowing c\)ndilions be incOlvoraled into lhc
motion:
Thc tilk bc cOlTcclcd 10 reflecl ODP amendmcnl.
Theleg<lJ descriplionbccolTccted.
Add a nOle lbat all olher provisions ol"the existing ODI'
remaininli.wce.
Spceif)' lhatlhc sile daw wble relates onl}' 10 LOI I.
4
'" ~ I. ~
~ ~ City of
?WheatRL-dge
ITEM NO:
3l
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
July 28, 2008
TITLE: COUNCIL BILL NO. 11-2008 - AN ORDINANCE AMENDING
SECTIONS 17.1, 17.22 AND 17.32 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING RESTRICTIONS OF USE OF LAKES
AND WATERWAYS WIn1ll~ THE CITY
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING: (07/14/2008)
i:8J ORDINANCES FOR 2ND READING: (07/28/2008)
Quasi-judicial:
DYES
i:8J NO
'J::/:te~A~
~CU""c:t>
City Manag9\- 0
EXECUTIVE SUMMARY:
Prior to June 1, 2008, the Police Department received a citizen inquiry regarding boating on City
waterways. In answering the question, along with the review of the applicable Code of Laws, it was
found that waterways were not specifically addressed. As the summer months are approaching, it is
quite typical for the water in Clear Creek to rise and the additional water volume and speed increases
the dangerousness of boating. In addition, other revisions were determined necessary to ensure the
safety of the public on City waterways.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF TIlE ISSUES:
Community Service Officers (CSO) currently have the authority to restrict the use of parks and
recreation facilities within the City. To make the Code of Laws more clear and to ensure the safety
of the public in the event it becomes necessary for a CSO to restrict the use of lakes and waterways,
Code S€ctions 17.1, 17.22 and 17.32 have been revised to include the terms "lakes and waterways."
The revisions include a requirement that each person occupying a watercraft wear an approved
personal flotation device whereas the current City Code does not require the wearing of such
devices, only that the devices be available and on board for each occupant. Section 17.32 (f)
provides CSO's the authority to close City waterways due to inclement weather or other unsafe
conditions. Lastly, the revisions provide the authority for CSO's to enforce those sections of the
Colorado State Statutes, as amended, that are not covered in the City Code of Laws.
ALTERNATIVES CONSIDERED:
Do not amend the City Code and respond to boating issues on the City waterways with limited
authority concerning situations constituting a danger to the health and safety of the public.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Ordinance 11-200S. an Ordinance amending Sections 17.1, 17.22 and 17.32 of
the Wheat Ridge Code of Laws concerning restrictions of use of lakes and waterways within the City
on first reading, order it published, and set for a second reading at a public hearing on Monday, July
2S, 200S at 7 :00 p.m. in City Council Chambers, and that it take effect 15 days after [mal
publication." r
< .
I
or,
, <
"I move to deny the approval of Ordinance 11-200S. an Ordinance amending Sections 17.1, 17.22
and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of lakes and waterways
within the City" for the following reasons: "
Report Prepared By: Daniel Brennan, Chief of Police
Report Reviewed By: Patrick Goff, Deputy City Manager
ATTACHMENTS:
1. Staff Report
2. Proposed Ordinance 11-200S Amendments
3. Article 13 of Title 33 of the Colorado Revised Statutes entitled Vessels
,.~i~
~, City of
-~Wheat~dge
~OLlCE DEPARTMENT
Memorandum
TO: Mayor Jerry DiTullio and City Council
THROUGH: Randy Young, City Manager
Daniel Brennan, Chief of Police
FROM: Joe Cassa, Division Commander
Patrol Operations Division
DATE: June 26, 2008
SUBJECT: Staff Report: Code of Laws, Section 17-22
Recently, the department received a citizen inquiry regarding boating on City waterways. In
answering the question, along with a review of the applicable Code of Laws, Section 17-22,
Commander Cassa found that waterways were not specifically addressed. As the month of June
was approaching, it is quite typical for the water in Clear Creek to rise and the additional water
volume and speed increases the dangerousness of boating.
The purpose of the proposed amendments to the existing ordinance is to extend the authority of
Community Service Officers (CSO's) on City lakes and waterways by:
. Clarifying through the addition of the restriction of use oflakes and waterways whereas
the current City Code (Section 17.22) does not specifically address lakes and waterways;
. The added requirement of each person occupying the watercraft wearing an approved
personal flotation device whereas the current City Code (Section 17.32 (5)) does not
require the wearing of such devices, but that they only be available and on board for
each occupant. The requirement for a single throw floatation device now requires at least
one such device be on board the watercraft.
. Section 17.32 (f) currently does not provide the authority for Community Service
Officers to close city waterways due to inclement weather or other unsafe conditions
which in the judgment of the Community Service Officer constitutes a danger to the
health and safety of the public.
I have received and incorporated the suggestions of the Parks and Recreation Department
Director, the City Open Space Coordinator, the Community Service Officer Unit supervisor and
the Patrol Operations Division Lieutenants. All parties agree the proposed ordinance changes are
appropriate and necessary to protect health and safety of the public using City lakes and
waterways. Staff is recommending City Council approve these changes.
A copy of the revised ordinance is attached for your review.
Attachment
Brennan\City Council\Staff RepOlt Amend Waterways 062608.doc
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER LANGWORTHY
Council Bill No. 11-2008
Ordinance No.
TITLE: AN ORDINANCE AMENDING SECTIONS 17.1,17.22 AND 17.32
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
RESTRICTIONS OF USE OF LAKES AND WATERWAYS
WITHIN THE CITY
WHEREAS, the City Council of the City of Wheat Ridge, Colorado has authority to
enact ordinances for the protection of public health, safety and welfare; and
WHEREAS, exercising this authority, the Council has previously adopted Chapter 17 of
the Wheat Ridge Code of Laws entitled "Parks and Recreation;" and
WHEREAS, the Council has determined it is necessary to amend Sections 17.1, 17.22
and 17.32 of the Code to extend enforcement authority of code officers to lakes and
waterways.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 17.1 is amended by the addition of the following definition:
WATERWAY MEANS THE PORTIONS OF LENA GULCH AND
CLEAR CREEK WITHIN CITY LIMITS.
Section 2. Section 17.22 is amended to read as follows:
Sec. 17-22. Restriction of use.
The director may restrict the hours, days and weeks of use of any
recreation center or building, facilities, parks, open space--ef trails,
LAKE OR WATERWAY, and the director or aR a CSO may restrict or
remove any user, individual or group for violation of any of the rules
and regulations set forth in this article.
A I I ACHMENT 2
Section 3. Section 17.32 is amended to read as follows:
Sec. 17-32. Boating.
a) All nonmotorized watercraft designed to be used as a means of
transportation on water, other than single-chambered air-inflated
devices, shall be allowed on any waters in the park and recreation
areas of the city as outlined in this section except for Bass Lake.
Boating is prohibited on Bass Lake.
(b) In order to boat on any water in the parks and recreation areas
of the city the following requirements shall be met:
(1) The watercraft shall be non motorized, propelled solely by
means of oars and paddles or by the use of sails. Any watercraft
which has a motor-driven means of propulsion shall be classified
as motorized and shall be prohibited upon the water of the city.
(2) Any sailboat must be properly registered with the Colorado
Division of Parks and Outdoor Recreation.
(3) All air-inflated devices, including inflatable canoes, kayaks,
rafts and belly boats, must have a minimum of two (2) separate
and distinct chambers. Inner tubes, air mattresses and other
similar beach toys are not permitted at any time.
(4) The watercraft shall be in seaworthy condition as defined by
these rules and regulations and determined by the CSOs.
(5) EACH PERSON OCCUPYING A +Ae watercraft shall BE
REQUIRED TO WEAR A h(l'/o ono (1) personal flotation device of
a type currently approved for use by the United States Coast
Guard WHILE THE CRAFT IS IN USE. IN ADDITION, EACH
WATERCRAFT SHALL HAVE on board AT LEAST for oach
person occupying tho craft and one (1) throw flotation device.
(f) AR A CSO may order operators from the water when, in the
CSO's judgment, such operators constitute a safety hazard to
themselves or other OPERATORS operations. CSOs may also order
from the water persons or crafts operating in a reckless or careless
manner or in disregard of or in violation of any department of parks
and recreation rule or regulation. CSOs shall have the authority to
close ANY LAKE OR WATERWAY tho lal(o because of inclement
weather or any other unsafe condition which, in the judgment of the
CSO, constitutes a danger to the health and safety of the public.
(g) EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE
PROVISIONS OF ARTICLE 13 OF TITLE 33 OF THE COLORADO
REVISED STATUTES, ENTITLED VESSELS, AS CURRENTLY
WRITTEN AND HEREAFTER AMENDED, SHALL APPLY TO
LAKES AND WATERWAYS WITHIN THE CITY.
Section 4. Severabilitv. Conflictina Ordinances ReDealed. 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 5. 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 ~ to
o on this 14th day of Julv, 2008, 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 Mondav. Julv 28, 2008 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 , 2008.
SIGNED by the Mayor on this
day of
.2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: July 17, 2008
Second Publication:
Wheat Ridge Transcript
Effective Date:
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33-13-1Q1.L~giJ;1!!tly~!I,ec!1!r"tlQP.
It is the policy of this state to administer the registration and numbering of vessels in accordance with
federal laws pertaining thereto and to promote the safety of persons and property in connection with the
use, operation, and equipment of vessels.
Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985.
?
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33-13-1QZ. Definiti9!!s.
As used in this article, unless the context otherwise requires:
(I) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the
principal source of propulsion including "personal watercraft" as defined in subsection (3.3) of this
section.
(2) "Operate" means to navigate or otherwise use a vessel.
(3) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an
equitable interest which entitles him to such possession.
(3.3) "Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump as
its primary source of motive power and is designed to be operated by a person sitting, standing, or
kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel.
"Personal watercraft" includes a motorboat known as a "specialty prop-craft", which is similar in
appearance to a personal watercraft but powered by an outboard or motor driven propeller.
(3.7) "Sailboard" means a sail propelled vessel with no freeboard and equipped with a swivel mounted
mast, not secured to a hull by gnys or stays.
(4) "Sailboat" means any vessel propelled by the effect of wind on a sail, including sailboards. For the
purposes of this article, any vessel propelled by both sail and machinery of any sort shall be deemed a
motorboat, when being so propelled.
(5) "Vessel" means every description of watercraft used or capable of being used as a means of
transportation of persons and property on the water, other than single-chambered air-inflated devices or
seaplanes.
(5.5) "Vessel staging area" means any parking lot, boat ramp, or other location that any vessel is
transported to or from by a motor vehicle and where such vessel is placed into operation on or in the
water. "Vessel staging area" does not include any location to which a vessel is transported primarily for
the purpose of service, maintenance, repair, or sale.
(6) "Whitewater" means natural running water with intermittent rapids.
Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985. L. 88: (4) amended, p. 1165,
9 I, effective March 16. L. 93: (3.7) added, p. 1836,9 I, effective July I. L. 97: (I) amended and (3.3)
added, p. 1604,9 I, effectiveJune 4. L. 2003: (5.5) added, p. 1945, ~ 15, effective May 22.
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33-13- Hl~. N ulllbcring !If vc~.~(!!s rcq!!i.rcd.
(I) It is unlawful for any person to operate or use a vessel on the waters of this state or to possess a
vessel at a vessel staging area unless such vessel has been numbered and a certificate of the number,
referred to in this article as a "registration", has been issued to such vessel by the division. The operator
of such vessel shall produce the registration for inspection upon demand of any officer authorized to
enforce the provisions of articles 10 to 15 and 32 of this title. The following are exempt from the
requirements of this subsection (1) and from the vessel registration fee as specified pursuant to section
;13-10-111 (5):
(a) Any vessel which is neither a motorboat nor a sailboat as defined in section ;)3-13-102: except that
canoes, kayaks, and nonrnotorized rafts exempted by this paragraph (a) shall be marked as required by
subsection (5) of this section;
(b) Vessels holding a valid marine document issued by the United States bureau of customs;
(c) Vessels which are numbered in accordance with applicable federal law or in accordance with a
federally approved numbering system of another state when the registration is valid and the ideutifYing
number set forth in the registration is displayed on each side of the bow of such vessel, which vessel is
not used within this state during a period of uot more than sixty consecutive days;
(d) A vessel from a country other than the United States temporarily using the waters of this state;
(e) A vessel belonging to a class of vessels which has been exempted after the division has found that
the numbering of vessels of such class will not materially aid their identification, and, if an agency of the
federal government has a numbering system applicable to the class of vessels to which the vessel in
question belongs, after the division has further found that the vessel would also be exempt from
numbering if it were subject to federal law;
(f) Any vessel defined as a sailboard in section 33-13-102 (3.7) shall be marked as required by
subsection (5) of this section.
(2) Every registration issued pursuant to this article shall continue in full force and effect for a period
ending December 31 of the year of issuance of the registration uriless sooner terminated or discontinued"
in accordance with the provisions of this article. A registration may be renewed by the owner iu the
same manner as that provided for obtaining the initial registration. The same number shall be reissued if
the application for reuewal is received by the division within thirty days before the date of expiration.
(3) The board shall prescribe by rule or regulation a system of numbering which is in compliance with
the federal system for numbering vessels.
(4) Any person who violates subsection (I) of this section is guilty of a class 2 petty offense and, upon
conviction, shall be punished by a fine of fifty dollars.
(5) It is unlawful for any person to operate or use a canoe, kayak, sailboard, or nonrnotorized raft which
is not required to be registered under subsection (I) of this section on the waters of this state unless it
has been marked with the owner's name and current address in a legible, clearly visible, and durable
fashion. Any person who violates this subsection (5) is guilty of a petty offense and, upon conviction
thereof, shall be punished by a fine of fifteen dollars.
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Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985. L. 88: (I)(a) and (5)
amended, p. 1165, 992,3, effective March 16. L. 93: (I)(f) added and (5) amended, p. 1836,992,3,
effective July I. L. 95: IP(I) and (4) amended, p. 967, 9 5, effective July I. L. 96: IP(l) amended, p.
782,95, effective May 23. L. 2003: IP(I) and (4) amended, p. 1945,916, effective May 22.
Editor's note: This section is repealed, effective July 1, 2011, pursuant to the provisions of section 33-13-116.
ANNOTATION
Am. Jur.2d. See 12 Am_ Jur.2d, Boats and Boating, !i 24_
C.J.S. See 80 C.J.S., Shipping, !i 2.
Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982).
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33-13-l04. Applicati~~ f~r vessel number.
(I) The owner of each vessel requiring numbering by this state shall file an application for a number
with the division or any representative approved by the division on forms approved and furnished by the
division. The application shall be signed by the owner of the vessel and shall be accompanied by a fee as
specified pursuant to section 11-10-111 (5); except that those vessels owned and operated by the state or
any political subdivision thereof shall be registered without payment of a registration fee. Upon receipt
of the application in approved form, the division or its representative shall issue to the applicant a
registration stating the number issued to the vessel. The number issued shall be painted on or attached to
each side of the bow on the forward half of the vessel or, if there are no such sides, at a corresponding
location on both sides of the foredeck of the vessel for which it is issued. The number issued shall read
from left to right in block characters of good proportion having a minimum of three inches in height,
excluding border or trim, and of a color that contrasts with the color of the background, and so
maintained as to be clearly visible and legible. No other number shall be carried ou the bow of the
vessel. Any person who fails to display a vessel number as required in this subsection (I) is guilty of a
class 2 petty offense and, upon conviction, shall be punished by a fme of twenty-five dollars.
(2) The registration shall be of pocket size and shall be on board and available at all times for inspection
whenever the vessel for which it is issued is in operation in this state. Any person who violates this
subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of
fifty dollars. If a registration is lost or destroyed, the owner shall, within fifteen days, notify the division.
The notification shall be in writing, shall describe the circumstances of the loss or destruction. and shall
be accompanied by a fee for a replacement registration as required under section 33-12-101.
(3) When a numbered vessel is lost, destroyed, or abandoned, the registration issued for the vessel shall
be surrendered to the division within fifteen days after any such event. When the owner of a numbered
vessel changes his address from that shown on the registration, he shall notify the division within fifteen
days of such change and as a part of such notification shall furnish the division with his new address.
The board may provide in its rules or regulatious for the surrender of the registration bearing the former
address and its replacement with a registration bearing the correct address or for the alteration of an
outstanding registration to show the new address of the owner.
(4) All fees collected under this section shall be credited to the parks and outdoor recreation cash fund
and shall be used for the administration of this article.
Source: L. 84: Entire article added, p. 898, 9 2, effective January I, 1985. L. 95: (I) and (2) amended,
p. 971, 9 16, effective July 1. L. 96: (I) amended, p. 782, 9 6, effective May 23. L. 2003: (I) and (2)
amended, p. 1945, ~ 17, effective May 22.
. Editor's note: This section is repealed, effective July 1, 2011, pursuant to the provisions of section 33-13-116.
ANNOTATION
Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, 9 24.
C.J.S. See 80 C.J.S., Shipping, 92.
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33-11- I OS. Seizure of vessels by officers.
(1) (a) Every parks and recreation officer and other peace officer of this state may seize and hold any
vessel if such officer has probable cause to believe that the vessel is not in the lawful possession of the
operator or person in charge thereof.
(b) It is the duty of any officer seizing any vessel, on being informed of any such vessel, to immediately
notifY the appropriate law enforcement agencies and the owner if known. Such notification shall contain
a description of such vessel and any other helpful facts that may assist in locating or establishing the
ownership thereof or in prosecuting any person for a violation of article 'I: of title l8., C.R.S., or other
state laws.
(2) "Hull identification number" means any identifying number, serial number, engine number, or other
distinguishing number or mark, including letters, if any, placed on a vessel or engine by its manufacturer
or by authority of the division or in accordance with the laws of another state or country, excluding the
vessel registration number.
(3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section, the law enf""v"ment
agency or a governmental entity may commence an action in a court of competent jurisdiction to
determine whether said vessel shall be destroyed, sold, converted to the use of the seizing agency, or
otherwise disposed of by an order of said court.
(b) (I) Any forfeiture proceeding initiated pursuant to this section shall be conducted in conformance
with section 16-13-505, C.R.S.
(IT) For purposes of applying section 16-13-505. C.R.S., to a seizure hearing conducted pursuant to this
section, "contraband" includes any vessel seized in accordance with this section.
(4) Nothing in this section shall preclude the return of the seized vessel to the owner by the seizing
agency following presentation of satisfactory evidence of ownership and, if determined necessary,
requiring the owner to obtain an assignment of a hull identification number for the vessel from the
division.
(5) and (6) (Deleted by amendment, L. 96, p. 725, 9 I, effective January 1,1997.)
(7) If the court having jurisdiction orders the vessel sold by the division, the proceeds of the sale shall be
forwarded to the treasurer who shall credit such proceeds to the general fund.
Source: L. 84: Entire article added, p. 899, 9 2, effective January I, 1985. L. 96: Entire section
amended, p. 725, 9 1, effective January I, 1997.
Editor's note: This section is repealed. effective July t. 2011. pursuant to the provisions of section 33-13-116.
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33-B-I06. Equipment requirenwnts.
(I) No person shall operate a personal watercraft unless each person aboard is wearing a personal
flotation device of a type approved by the United States Coast Guard that is in a good and serviceable
condition.
(2) A person operating a personal watercraft equipped by the original manufacturer with an engine
cutoff switch lanyard shall attach such lanyard to his or her person, clothing, or personal flotation
device, as appropriate for the specific vessel.
(3) Every vessel, other than a personal watercraft, operated on the waters of this state shall at all times
have aboard:
(a) One personal flotation device of a type approved by the commandant of the Uiriteil States Coast
Guard in good and serviceable condition and in a readily accessible place of storage for each person on
board; except that sailboard operators may wear a wet suit, as defined by the board, in lieu of carrying a
personal flotation device as required by this paragraph (a);
(b) When in operation during hours of darkness, a light sufficient to make the vessel's presence and
location known to any and all other vessels within a reasonable distance;
(c) Ifnot an entirely open vessel and if carrying or using any inflammable or toxic fluid in any enclosure
for any purpose, an efficient natural or mechanical ventilation system which shall be capable of
removing any resulting gases prior to and during the time such vessel is occupied by any person.
(4) Every vessel operated on the waters of this state shall have such additional equipment that is
designed to promote uavigational safety and that the board may find to be necessary or desirable for the
safe operation of vessels upon the waters of this state.
(4.5) No person shall operate a vessel that has eutered the water unless each child under the age of
thirteen who is aboard such vessel is wearing a personal flotation device, unless such child is below
deck or in an enclosed cabin. Such flotation device shall be of a type approved by the Uirited States
Coast Guard and shall be in good and serviceable condition.
(5) Any person who violates subsection (I), (2), (3), (4), or (4.5) of this section is guilty of a class 2
petty offense and, upon conviction, shall be punished by a fine of fifty dollars.
(6) The board may exempt vessels from the provisions of subsection (I), (2), (3), (4), or (4.5) of this
section under certain conditions or upon certain waters.
Source: L. 84: Entire article added, p. 901, g 2, effective January I, 1985. L. 93: (l)(a) amended, p.
1837, 9 4, effective July 1. L. 95: (2) amended, p. 972, g 17, effective July 1. L. 97: Entire section
amended, p. 1604, 92, effective June 4. L. 2003: (4.5) added and (5) and (6) amended, p. 1946,9 18,
effective May 22.
ANNOTATION
Am. Jur.2d. See 12. Am. Jur.2d. Boats and Boating, 99 10-13.
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C.J.S. See 80 C.J.S., Shipping, !l 5.
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33-13-107. Vesse/liyeries.
(I) The owner or operator of a vessel livery shall keep a record of the name and address of each person
who hires any vessel that is designed or permitted to be operated as a vessel, the identification number
of such vessel, and the departure date and time and the expected date and time of return of such vessel.
Such records shall be preserved for at least thirty days after such vessel is to be returned and shall be
subject to inspection by the division. Any person who violates this subsection (I) is guilty of a class 2
petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.
(2) Neither the owner or operator of a vessel livery nor such owner's or operator's agent or employee
shall permit any vessel to depart from his or her premises unless such vessel is equipped and registered
as required by this article and rules promulgated pursuant to this article. Any person who violate.s this
subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one
hundred dollars.
Source: L. 84: Entire article added, p. 901, 9 2, effective January I, 1985. L. 95: (2) amended, p. 972, 9
18, effective July I. L. 2003: Entire section amended, p. 1946,919, effective May 22.
Editor's note: This section is repealed, effective July 1, 2011, pursuanl to the provisions of section 33-13-116.
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33-13-J07.L Minimum ap"e of motorboat ooerators - you.thec:l.uc!ttio!l~
(1) No person under sixteen years of age shall operate a motorboat in this state except as provided in this
section.
(2) A person fourteen years of age or older who has not reached his or her sixteenth birthday may
operate a motorboat only ifhe or she:
(a) Completes a boating safety course appv ied by the division of parks and outdoor recreation; and
(b) Has a boating safety certificate issued by the boating safety course provider in his or her possession.
(3) No person shall permit or knowingly authorize a motorboat to be operated by a person under sixteen
years of age; except that a person fourteen' years of age or older who has not reached his or her sixteenth
birthday may be permitted or authorized to operate a motorboat if he or she has met the boating safety
and certificate requirements of subsection (2) of this section.
(4) No owner or operator of a vessel livery or an agent or employee of such owner or operator shall
lease, hire, or rent a motorboat to or for operation by any person under sixteen years of age; except that a
person fourteen years of age or older who has not reached his or her sixteenth birthday may be permitted
or authorized to operate a motorboat ifhe or she has met the boating safety and certificate requirements
of subsection (2) of this section.
(5) Any person who violates this section is guilty of a class 2 petty offense and, upon conviction thereof,
shall be punished by a fine of fifty dollars.
(6) It is the intent of the general assembly that no general fund dollars be appropriated for the purpose of
implementing the requireIl.lents of this section.
Source: L. 97: Entire section added, p. 1605,93, effective January 1, 1998.
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33-] 3-108. Prollil:lited vessel operations.
(I) (a) No person shall operate or give permission for the operation of a vessel:
(1) Which is not equipped as required by this article or rules and regulations promulgated pursuant
thereto;
(11) Which emits noise in excess of the permissible level established in standards promulgated by the
board in accordance with article:!: of title 24, C.R.S.;
(III) Above a wakeless speed in areas zoned as wakeless, as defined by board rule or regulation;
(IV) In a manner that violates any rule promulgated by the board for safe use and operation of vessels.
(a.5) No person shall operate a personal watercraft between one half hour after sunset and one half hour
before sunrise.
(b) Any person who violates paragraph (a) or (a.5) of this subsection (I) is guilty of a class 2 petty
offense and, upon conviction thereof, shall be punished by a fine of fifty dollars.
(2) (a) It is unlawful for any person to operate a vessel in a careless or imprudent manner without due
regard for zoning, traffic, and other attendant circumstances or as to endanger any person, property, or
wildlife. For purposes of this paragraph (a), careless or imprudent vessel operation includes, but is not
limited to, the following:
(1) Becoming airborne or completely leaviug the water while crossing the wake of another vessel at au
unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed;
(11) Unsafely weaving through vessel traffic;
(Ill) Operating at such a speed and proximity to another vessel so as to require the operator of either
vessel to abruptly swerve or to abruptly cut speed in order to avoid collision.
(b) Any person who violate.s paragraph (a) of this subsection (2) is guilty of a class 2 petty offense and,
upon conviction thereof, shall be punished by a fine of oue hundred dollars.
(3) It is unlawful for any person to operate a vessel in a reckless manner. Any person who violates this
subsection (3) is guilty of a misdemeanor and, upon couviction, shall be punished by a fine of not less
than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for
not more than one year, or by both such fiue and imprisonment.
(4) No person shall operate a vessel other than a motorboat or a sailboat covered by the provisions of
section 33-13-108.1 or be in actual physical control of such a vessel while under the influence of
alcohol, a controlled substauce as defined in section 12-ZZ-30J. (7), C.R.S., or any other drug, or any
combination of such drugs or alcohol, that renders such person incapable of safely operating such a
vessel, nor shall the owner or operator of such a vessel knowingly authorize or permit such vessel to be
operated by or under the actual physical control of any other person if such person is under the influence
of alcohol, a controlled substance, or any other drug, or any combination of such drugs or alcohol, that
renders such person incapable of safely operating such a vessel. Any person who violates this subsection
(4) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two
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hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more
than one year, or by both such fine and imprisonment.
Source: L. 84: Entire article added, p. 902, 9 2, effective January I, 1985. L. 89: (4) amended, p. 1359,
92, effective July 1. L. 95: (I)(b) and (2) amended, p. 972, 9 19, effective July 1. L. 97: (I)(a)(IV) and
(1)(a.5) added and (I)(b), (2), and (3) amended, p. 1606, 99 4, 5, effective June 4. L. 2003: (3) and (4)
amended, p. 1947,920, effective May 22.
ANNOTATION
Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, ss 16-20.
C.J.S. See 80 C.J.S., Shipping, S 14.
Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982).
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:H-l1-108.1. Operating a motorboat or sailboat w!1i!e n!!.!Ier tbe i!!fIuel!cc.
(1) (a) It is a misdemeanor for any person to operate a motorboat or sailboat or be in actual physical
control of a motorboat or sailboat in this state while:
(I) Under the influence of alcohol;
(II) The amount of alcohol, as shown by analysis of such p,,,,vu's blood or breath, in such person's blood
is 0.10 or more grams of alcohol per one hundred milliliters of blood or 0.10 or more grams of alcohol
per two hundred ten liters of breath at the time of the commission of the alleged offense or within two
hours after operating a motorboat or sailboat if the evidence establishes beyond a reasonable doubt that
such person did not consume any alcohol between the time of operation and the time of testing;
(Ill) Under the influence of any controlled substance as defined in section 12-22-303. (7); C.R.S., or any
other drug which renders him incapable of safely operating a motorboat or sailboat;
(IV) Under the influence of any combination of alcohol and any controlled substance as defined in
section J2:?2-303 (7), C.R.S., or any other drug, when such combination of alcohol and controlled
substance or any other drug renders him incapable of safely operating a motorboat or sailboat.
(b) For the purposes of this subsection (I), "under the influence of any controlled substance or any other
drug" shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor.
(2) (a) In any prosecution of a violation of paragraph (a) of subsection (1) of this section, the amount of
alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within
a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to
the following presumption: If there was at such time 0.10 or more grams of alcohol per one hundred
milliliters of blood as shown by analysis of such person's blood or 0.10 or more grams of alcohol per
two hundred ten liters of breath as shown by analysis of such person's breafu, it shall be presumed that
the defendant was under the influence of alcohol.
I
(b) The limitation of this subsection (2) shall uot be construed as limiting the introduction, reception, or
consideration of any other competent evidence bearing upon the question of whether or not the
defendant was under the influence of alcohol.
(3) In any prosecution for a violation of subsection (1) of this section, the defendant shall be entitled to
offer direct and circumstantial evidence to show that there is a dispality between what the tests show and
other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate.
Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the
common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the
analysis of the person's blood or breath.
(4) (a) On and after July I, 1989, any person who operates a motorboat or sailboat or who is iu actual
physical control of a motorboat or sailboat on the waters of this state shall be deemed to have expressed
his consent to the provisions of this subsection (4).
(b) Auy person who operates a motorboat or sailboat or who is in actual physical control of a motorboat
or sailboat on the waters of this state may be required to submit to a test or tests of his breath or blood
for the purpose of determining the alcoholic content of his blood or breath if arrested for any
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misdemeanor offense arising out of acts alleged to have been committed while the person was operating
a motorboat or sailboat in violation of subsection (I) of this section. If such person requests that said test
be a blood test, then the test shall be of his blood; but, if such person requests that a specimen of his
blood not be drawn, then a specimen"ofhis breath shall be obtained and tested.
(c) Any person who operates a motorboat or sailboat or who is in actual physical control of a motorboat
or sailboat on the waters ofthis state may be required to submit to a test or tests of his blood, saliva, and
urine for the purpose of determining the drug content within his system if arrested for any misdemeanor
offense arising out of acts alleged to have been committed while the person was operating a motorboat
or sailboat in violation of subsection (I) of this section.
(5) Any person who is required to submit to, or who requests that a specimen of his blood, breath, saliva,
or urine be taken or drawn for, testing shall cooperate with the person authorized to obtain such
specimens, including the signing of any release forms required by any person who is authorized to take
or withdraw such specimens. If such person refuses to sign any release forms, such refusal shall be
considered a refusal to take the tests, provided said forms conform to subsection (6) of this section. No
peace officer shall physically restrain any person for the purpose of obtaining a specimen Of his blood,
breath, saliva, or uriue for testing.
(6) The tests shall be administered at the direction of the "",,,,,;;ng officer having reasonable grounds to
believe that the person had been operating a motorboat or sailboat in violation of subsection (I) of this
section and in accordance with rules and regulations prescribed by the state board of health, with utmost
respect for the constitutional rights, dignity of the person, and health of the person being tested. No
person except a physician, a registered nurse, a paramedic as certified in part 2 of article 3.5 of title 25,
C.R.S., an emergency medical technician as defined in part I of article l,i oftitle 2i, C.R.S., or a person
whose normal duties include withdrawing blood samples under the supervision of a physician or
registered nurse shall be entitled to withdraw blood for the purpose of determining the alcoholic or drug
coutent therein. No civil liability shall attach to any person authorized to obtain blood, breath, saliva, or
urine specimens or to any hospital in which such specimens are obtained as provided in subsection (4) of
this section as a result of the act of obtaining such specimens from any person submitting thereto if such
specimens were obtained according to the rules and regulations prescribed by the state board of health;
except that such provision shall not relieve any such person from liability for negligence in the obtaining
of any specimen sample.
(7) Any person who is dead or unconscious shall be tested to determine the alcoholic content of his
blood as provided in subsection (4) of this section. Any person who is dead, in addition to the tests
prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs,
as prescribed by the department of public health and environment. Such information obtained will be
made a part of the accident report.
(8) If a person refuses to submit to tests as provided for in subsection (4) of this section and such person
subsequently stands trial for a violation of subsection (I) of this section, the refusal to submit to such
tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-
incrimination with regard to admission of refusal to submit to any tests.
(9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of
subsection (I) of this section is or has been entitled to use such controlled substance or drug under the
laws ofthis state shall not constitute a defense against any person charged with such violation.
(10) No court shall accept a plea of guilty to a violation of section~3-13-108 (4) or a non-alcohol-
related or non-drug-related boating offense from a person charged with a violation of subsection (1) of
this sectiou; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug-
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related boating offense upon a good faith representation by the prosecuting attorney that he could not
establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-
related offense.
(11) When a peace officer has reasonable grounds to believe that a person is operating a motorboat or
sailboat while under the influence of alcohol or that the operator has been involved in a boating accident
resulting in injury or death, the peace officer may request the operator to provide a sample of the
operator's breath for a preliminary screening test using a device approved by the executive director of
the department of public health and environment as being accurate to within ten percent of the actual
reading obtained by the officer upon administering the test. The results of this preliminary screening test
may be used for the purpose of deciding whether an arrest should be made and whether to administer a
test pursuant to paragraph (b) of subsection (4) of this section but shall uot be used in any court action
except to prove that a test was properly authorized pursuant to this section. The results of such test shall
be made available to the operator or his attomey upon request. The prelimiuary screening test shall not
constitute the test for the purposes of subsection (4) of this section.
(12) (a) Every-person'who is convicted ofa violation of subsection (1) of this section shall be punished
by imprisonment in the county jail for not less than five days nor more than one year, and, in addition,
the court may impose a fine of not less than two hundred dollars nor more than one thousand dollars.
Except as provided in paragraph (c) of this subsection (12), the minimum period of imprisonment
provided for such violation shall be mandatory. In addition to any other penalty that is imposed, every
person who is convicted of a violation to which this paragraph (a) applies shall perform no more than
ninety-six hours of useful public service.
(b) Upon a conviction of a second or subsequent violation of subsection (I) of this section which
occurred within five years of the date of a previous violation of subsection (1) of this section, the
offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than
one year, and, in addition, the court may impose a fine of not less than five hundred dollars nor more
than one thousand five hundred dollars. The minimum period of imprisonment as provided for such
violation shall be mandatory, but the court may suspend up to fifty-five days of the period of
imprisonment if the offender complies with the provisions of paragraph (c) of this subsection (12). In
addition to any other penalty which is imposed, every person who is couvicted of a violation to which
this paragraph (b) applies shall perform not less than sixty hours nor more than one hundred twenty
hours of useful public service. The performance of the minimum period of service shall be mandatory,
and the court shall have no discretion to suspend the mandatory minimum period of performance of such
serYlce.
(c) The sentence of any person subject to the provisions of paragraph (a) or (b) of this subsection (12)
may be suspended to the extent provided for in said paragraphs if the offender receives a presentence
alcohol and drug evaluation and, based on that evaluation, if such offender satisfactorily completes an
appropriate level I or level II alcohol and drug driving safety education or treatment program and
abstains from the use of alcohol for a period of one year from the date of sentencing. Such abstinence
shall be monitored by the treatment facility by the administration of disulfiram or by any other means
that the director of the treatment facility deems appropriate. If, at any time during the one-year period,
the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be
reimposed, and the offender shall spend that portion of his sentence which was suspended in the county
jail.
(d) In addition to any other penalty provided by law, the court may sentence a defendant who is
convicted pursuant to this section to a period of probation for the purposes of treatment not to exceed
two years.
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(e) For the purposes of this subsection (12), "useful public service" shall have the same meaning as that
set forth in section 42-4-1301.4 (2) (a), C.R.S., and the useful public service program authorized therein
shall be utilized for the purposes of this subsection (12). An offender sentenced to such useful public
service program or to such work assignments shall complete the same within the time established by the
court. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall
assess an amount not to exceed the amount established in section 42-4-1301.4, C.R.S., upon any person
required to perform useful public service. Such amount shall be used only to pay for the costs authorized
in section 42-4=13Q1.4, C.R.S.
(f) For the purposes of this subsection (12), "alcohol and drug driving safety education or treatment"
shall have the same meaning as that set forth in sectiou 42-4-1301.3 (3) (c) (IV), c.R.S., and the alcohol
and drug driving safety program and the presentence alcohol and drug evaluations authorized therein
shall be utilized for the purposes of this subsection (I2). The presentence alcohol and drug evaluation
shall be conducted on all persons convicted of a violation of subsection (I) of this section; except that
this requirement shall not apply to persons who are not residents of Colorado at the time of sentencing.
Any defendant sentenced to level I or levellI education or treatment programs shall be instructed by the
court to meet all financial obligations of such proi:rams. If such financial obligations are not met, the
sentencing court shall be notified for the purpose of collection or review and further action on the
defendant's sentence. In addition to any other penalties, fines, fees, or costs prescribed in this section, the
court shall assess an amount, not to exceed the amount established in section 42-4-1301.3, C.R.S., upon
any person convicted ofa violation of subsection (1) of this section. Such amouut shall be used only to
pay for the costs authorized in section 42-4-1301.3, C.R.S. The court shall consider the alcohol and drug
evaluation prior to sentencing. The provisions of this paragraph (f) are also applicable to any defendant
who receives a deferred prosecution in accordance with section 18-1.3-101. C.R.S., or who receives a
deferred sentence iu accordance with section 18-1.3-102, C.R.S.
(g) Upon a conviction for a first offense, in addition to any other penalties, fines, fees, or costs imposed
for a violation of subsection (I) of this section, the court shall order the person to not operate a
motorboat or sailboat for a three-month period. Upon a conviction for a second or subsequent offense, in
addition to any other penalties, fines, fees, or costs imposed for a violation of subsection (I) of this
section, the court shall order the person to not operate a motorboat or sailboat for a one-year period. For
the purposes of this paragraph (g), "conviction" includes a conviction in any. court of record or
municipal court, a plea of no contest accepted by the court, or the forfeiture of any bailor collateral
deposited to secure a defendant's appearance in court or the failure to appear in court by a defendant
charged with a violation of subsection (I) of this section who has been issued a summons and complaint
to appear pursuant to section 33-1S-1 Oz. (2).
(h) Upon a plea of guilty or a verdict of guilty by the court or a jury to any offense specified in
subsection (I) of this section, the court shall order the defendant to immediately report to the sheriffs
department in the county where the defendant was convicted, at which time the defendant's fingerprints
and photographs shall be taken and returned to the court, which fingerprints and photographs shall
become a part of the court's official documents and records pertaining to the defendant's conviction and
the defendant's identification in association with such conviction. In any trial for a violation of any of
the offenses specified in subsection (I) of this section, a duly authenticated copy ofthe record of former
convictions and judgments of any court of record for any of said crimes against the party iudicted or
informed against shall be prima facie evidence of such convictions and may be used in evidence against
such party. Identification photographs and fingerprints that are part of the record of such fOlmer
convictions and judgments of any court of record or are palt of the record at the place of such party's
incarceration after sentencing for any of such former convictions and judgments shall be prima facie
evidence of the identity of such party and may be used in evidence against him. Any person who fails to
immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or
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to have his photographs taken may be held in contempt of court.
(13) (a) No owner or operator of a motorboat or sailboat shall knowingly authorize such motorboat or
sailboat to be operated by or come under the actual physical control of any other person if such person is
under the influence of alcohol, a controlled substance or any other drug, or any combination thereof
(b) Any person who is convicted of a violation of paragraph (a) of this subsection (13) is guilty of a
misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not more
than one year, or by a fine of not less than two hundred dollars nor more than one thousand dollars, or
by both such fine and imprisonment.
(14) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or
drug-related boating offenses, the court shall take judicial notice of methods of testing a person's alcohol
or drug level and of the design and operation of devices, as certified by the department of public health
and environment, for testing a person's blood, breath. saliva, or urine to determine the alcohol or drug
level. This subsection (14) shall not prevent the necessity of establishing during a trial that the testing
devices used were in proper working order and that such testing devices were properly operated.
Nothing in this subsection (14) shall preclude a defendant from offering evidence of the accuracy of the
testing device.
(15) As used in this section, "convicted" includes a plea of no coutest accepted by the court.
(16) (a) Upon conviction of or plea of no contest to a violation of this section, the court shall forward a
certified copy of such conviction or plea to the division.
(b) When a peace officer requests a person to submit to tests as required by subsection (4) of this section
and such person refuses to submit to such tests, the officer shall forward to the division a verified report
of all relevant information, including information which adequately identifies such person and a
statement of the officer's probable cause for requesting such person to submit to the tests.
Source: L. 89: Entire section added, p. 1352, ~ I, effective July 1. L. 94: (7), (II), and (14) amended, p.
2803,9570, effective July I; (l2)(e) and (12)(f) amended, p. 2566, 9 81, effective January I, 1995. L.
2002: (12)(e) and (12)(f) amended, p. 1920, 9 13, effective July I; (12)(f) amended, p. 1545, 9 297,
effective October 1. L. 2003: (l2)(a) and (l3)(b) amended, p. 1947, ~ 21, effective May 22.
Editor's note: Amendments to subsection (12)(1) by House Bill 02-1046 and Senate Bill 02-057 were
harmonized.
Cross references: For the legislative declaration contained in the 2002 act amending subsection (12)(1), see
section 1 of chapter 318. Session Laws of Colorado 2002.
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33-13-108..2. Operating a motorboat ox sailboat while the privilege to operate is suspended.
(I) Any person who operates a motorboat or sailboat in this state at a time when a court-ordered
suspension of his motorboat or sailboat operating privilege is in effect for a conviction of an alcohol- or
drug-related operating offense pursuant to section 33-13-108.1 (I) is guilty of a misdemeanor and, upon
conviction thereof, shall be punished by imprisonment in the county jail for not less than three days nor
more than one hundred eighty days and, in the discretion of the court, by a fine of not less than three
hundred dollars nor more than one thousand dollars. Upon a second or subsequent conviction, such
person shall be punished by imprisonment in the county jail for not less than ninety days nor more than
one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than
three thousand dollars. The minimum jail seutence imposed by this subsection (I) shall be mandatory,
and the court shall not grant probation or a suspended sentence thereof; but, in a case where the
. defendant is convicted although he established that he had to operate the motorboat or sailboat. in
violation of this subsection (I) because of an emergency, the mandatory jail sentence shall not apply,
and, for a conviction, the court may impose a sentence of imprisonment in the county jail for a period of
not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars,
and, for a second or subsequent couviction, the COUlt may impose a sentence of imprisonment in the
county jail for a period of uot more than two years and, in the discretion of the court, a fme of not more
than three thousand dollars.
(2) In auy trial in which a person is charged with a violation of subsection (I) of this section, a duly
authenticated copy of the record of former convictions and judgments of any court of record against the
party indicted or informed against for an alcohol- or drug-related motorboat or sailboat operating offense
pursuant to section 33- J 3-1 08. J shall be prima facie evideuce of such convictions and judgments and
may be used in evidence against such party. Identification photographs and fingerprints that are part of
the record of such former convictions and judgments and such party's incarceration after sentencing for
any of such former convictious and judgments shall be prima facie evidence of the identity of such party
and may be used in evidence against him.
(3) Upon a second or subsequent conviction under subsection (1) of this section within five years after
the first conviction thereunder, in addition to the penalty prescribed in said subsection (1), the court shall
order the defendant to not operate a motorboat or sailboat in this state for a period of two years after
such second or subsequent conviction.
(4) Upon conviction of or a plea of no contest to a violation of this section, the court shall forward a
certified copy of such conviction or plea to the division.
Source: L. 89: Entire section added, p. 1358, 9 I, effective July I.
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\
\
\
>',
~', City of
?WheatRL-dge
ITEM NO:
~
REQUEST FOR CITY COUNCIL ACTION
--ft, ~ ~'< ~.'\ .~.I..
J:). ~ 4-'/if _-i1,
COUNCIL MEETING DATE:
July 28, 2008
TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN
ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING HISTORICAL LANDMARK
DESIGNATION
D PUBLIC HEARING
D BlDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (07/1412008)
[gJ ORDINANCES FOR 2ND READING (07/2812008)
Quasi-judicial:
P YES
[gJ NO
:)a-_Jll'. ~
I lirector of C'ommuni
,
CSLJo...:>f'd>
City Mana~ t
EXECUTIVE SUMMARY:
At the June 2 City Council study session, Council directed staff to draft an ordinance making certain
changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was
to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge
Historical Society in the local landmark designation process. Council requested the draft ordinance
be prepared for further consideration at the June 16 study session.
At the June 16 study session, City Council reviewed the ordinance as drafted by staff and requested
it be forwarded to City Council as a I st reading ordinance. The ordinance as drafted for I st reading
would eliminate the ability of the Wheat Ridge Historical Society to nominate or make
recommendations for or against local historic landmark properties. It was also suggested that Staff
consider modifications to the alteration permit process and removal of a designation.
Planning Commission recommended denial of the legislation as proposed at a public hearing held on
July 17, 2008.
COMMISSIONIBOARD RECOMMENDATION:
The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes
to Chapter 26 require review and a recommendation from the Planning Commission.
A public hearing before the Planning Commission was held on Thursday, July 17,2008. Planning
Commission moved to recommend denial of the legislation as proposed with a recommendation to
City Council that the case be continued to allow discussions with the Wheat Ridge Historic Society
regarding involvement in the historic designation process.
Claudia Worth, Vice President of the Wheat Ridge Historical Society, commented regarding the
proposed legislation. Ms. Worth indicated that in her opinion, there is an omission from the
ordinance and that ordinance section 3 (Section 26-905.B.) should include the following language:
"or a state historical site designation". The intent of this amendment is if a property is designated a
state landmark, it automatically becomes a local landmark. Staff believes that this is a policy for
City Council to consider prior to including this provision. Staff has not done research as to the
process and criteria for state designation.
It was also discovered that there is a typographical error in ordinance section 3 (Section 26-905.C.),
whereby the following should be shown with a "strike through" designation, "or by a member of city
council".
STATEMENT OF THE ISSUES:
Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It
establishes the procedures for designating local historic landmarks, including defining a role for the
Wheat Ridge Historical Society in that designation process. The Historical Society is given three
roles: I) they have an ability to apply for a local historic landmark designation of a property or
improvement; 2) upon application for a historic landmark designation, the City is required to refer
said application to the Historical Society Board for review and comment; and 3) they are provided an
opportunity to review and comment on any "major change" alteration permits for projects that have a
local historic landmark status. The Historical Society also plays the same roles in the process for
removing a historic landmark designation status from a property.
The Wheat Ridge Historical Society is a local not for profit membership group. The membership of
the group and the election of its board officers is established at the sole discretion of the Historical
Society. The City has no role in establishing the board or the Society's membership. Typically,
Boards and Commissions that have a role in making policy recommendations to City Council are
appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other
instances in the municipal code of laws where a body that is not appointed by the Mayor or City
Council has a formal role in providing a recommendation to City Councilor playing a role in an
official City process.
Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the
City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role
in the official City processes and procedures pertaining the designation and regulation of local
historic landmarks.
The following minor modifications were also made:
I. Removal of the ability for City Council to nominate potential landmark designations.
2. Removal ofreferences to the city "preservation specialist".
3. Modification of City Council approval from ordinance to resolution.
4. Inclusion of a provision that upon change in property ownership of a city-designated historic
landmark, the new owner may have the designation removed if no public financial assistance has
been granted for exterior improvements related to the historic elements of the property.
ALTERNATIVES CONSIDERED:
Do not approve the proposed legislation.
FINANCIAL IMPACT:
None.
RECOMMENDED MOTION:
"I move to approve Council Bill. No. 12-2008, Case No. ZOA-08-03, an ordinance amending Article
IX of the Wheat Ridge Code of Laws concerning historic landmark designation, and that it take
effect 15 days after final publication with the following conditions:
1. Ordinance section 3 (Section 26-905.C.) be amended to show a strike-through designation on the
following language, "or by a member of city council"."
Or,
"I move to table indefinitely Council Bill No. 12-2008. Case No. ZOA-08-03, an ordinance
amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation,
for the following reasons: "
Report prepared by: Kenneth Johnstone, Director, Community Development
Report reviewed by: Patrick Goff, Deputy City Manager
ATTACHMENTS:
I. Planning Commission staff report
2. Council Bill No. 12-2008
'" i.
~;~ , '~ City of
~Wheat~ge
,~OMMUNITY DEVELOPMENT
PLANNING COMMISSION
LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: July 17, 2008
TITLE:
AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
HISTORIC LANDMARK DESIGNATION
CASE NO. ZOA-08-03
~ PUBUC HEARING
o RESOLUTION
[l;] CODE CHANGE ORDINANCE
o STUDY SESSION ITEM
Case Manager: Meredith Reckert
Date of Preparation: July 9, 2008
This Case is:
Quasi-judicial
X Legislative
Proper notice was given for this public hearing.
SUMMARY:
The attached ordinance amends the historic landmark designation regulations ofthe City which
were adopted in 1997. All changes to Chapter 26 require review and a recommendation from the
Planning Commission.
Notice for this public hearing was provided as required by the Code of Laws.
!3ACKGROUND:
At the June 2 City Council study session, Council directed staff to draft an ordinance making
certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's
direction was to bring forward a draft ordinance that would reduce or eliminate the role of the
Wheat Ridge Historical Society in the local landmark designation process. Council requested the
draft ordinance be prepared for further consideration at the June 16 study session.
At the June 16 study session, City Council reviewed the ordinance as drafted by staff and
requested it be forwarded to City Council as a I st reading ordinance. The ordinance as drafted
for 1st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or
ATTACHMENT 1
make recommendations for or against local historic landmark properties. It was also suggested
that Staff consider modifications to the alteration permit process and removal of a designation.
STATEMENT OF THE ISSUES:
Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It
establishes the procedures for designating local historic landmarks, including defining a role for
the Wheat Ridge Historical Society in that designation process. The Historical Society is given
three roles: I) they have an ability to apply for a local historic landmark designation of a
property or improvement; 2) upon application for a historic landmark designation, the City is
required to refer said application to the Historical Society Board for review and comment; and 3)
they are provided an opportunity to review and comment on any "major change" alteration
permits for projects that have a local historic landmark status. The Historical Society also plays
the same roles in the process for removing a historic landmark designation status from a
property.
The Wheat Ridge Historical Society is a local not for profit membership group. The membership
of the group and the election of its board officers are established at the sole discretion of the
Historical Society. The City has no role in establishing the board or the Society's membership.
Typically, Boards and Commissions that have a role in making policy recommendations to City
Council are appointed by the Mayor, City Councilor a combination thereof. Staffis not aware
of any other instances in the municipal code of laws where a body that is not appointed by the
Mayor or City Council has a formal role in providing a recommendation to City Councilor
playing a role in an official City process.
Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and
the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from
any role in the official City processes and procedures pertaining the designation and regulation of
local historic landmarks.
The following minor modifications were also made:
1. Removal of references to the city "preservation specialist";
2. Modification of City Council approval from ordinance to resolution;
3. Inclusion of a provision that upon change in property ownership of a city-designated historic
landmark, the new owner may have the designation removed if no public financial assistance has
been granted for exterior improvements related to the historic elements of the property.
This case is scheduled for City Council public hearing on July 28,2008.
RECOMMENDED MOTION:
"I move to recommend approval of the proposed ordinance amending Article IX of Chapter 26
of the Wheat Ridge Code of Laws concerning historic landmark designation."
Exhibit:
I . Proposed ordinance
2
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 12-2008
Ordinance No.
TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN
ORDINANCE AMENDING ARTICLE IX OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING HISTORICAL
LANDMARK DESIGNATION
WHEREAS, the City Council of the City of Wheat Ridge is authorized by
the Home Rule Charter and the Colorado Constitution and statutes to enact and
enforce ordinances for the preservation of the public health, safety and welfare;
and
WHEREAS, in the exercise of this authority, the City Council has
previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws
(the "Code"), concerning the designation of historical landmarks; and
WHEREAS, the Council finds and determines that the role of the Wheat
Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary;
and
WHEREAS, the Council wishes to make other conforming changes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-903 of the Code is amended by the deletion of the following two
definitions:
26.903. Definitions.
Prese:vatioFl specialist. Tho pcrs::~ :.!~~::~ t~-:: supcrvisio~ ::f t~:: sit}'
rr,c-r'<::;;Jer who pmpmos prassr.tz-t13F15-fy. ::1ty council mootings at
wf:!;:h ':;st'Jric designatior. =;:;:!::ations am considorcd and SCl"VOS as
t~s i~it:c! ~:::Y.;:>ie:lt sf historic landmark dosignatiar. z~-j dovelopmont
applications.
Wheat Ridge H!stork:-a! Soeioty. /\ C:::C~=g-C ~'Jnprofit corpz~zt;'31-;-
Fccognii/;sa ::c t<*-o~o.. .pt pur-cu=:lt b soc-tion 501 (c) (a) of tho
ffit3.rr.d RevG...;,;.e. :;00;:;., VI' ;:;r.y-ef :ts :::.:ocesscr;;, t~o goneml
purposo of whb': i:: ~o gathor information about histori: ;:Y.seFlS-;
evG:lt:: =~C ;JIac-c:: i~ t~::l City of Vl.'hcat Ridgo, provide k~ ~i.::t3fie
ATTACHMENT 2
prcsorvatiGF:, :::-:3 to educate and stimulato int:::~::::::t i:-: sush j3S::seR&;-
ovonts and places.
Section 2. Section 26-904.B of the Code is amended to read:
B. The city, in collaboration with the V\'~c::t Ridge Historical Socioty,
in its discretion, may write recommendations for such grants or
monies and/OR assist property owners in applying for state or
national historic designation.
Section 3. Section 26-905 of the Code is amended to read:
Sec. 26-905. Process for designation of historic landmark.
A. Any individual structure or building within the city is eligible for
designation as an historic landmark.
B. Inclusion of any property in the National Register of Historic Places as
provided in the National Historic Preservation Act of 1966 shall mean that
the landmark is automatically designated a local historic landmark subject
to the protections of this article.
C. An application for historic designation may be submitted by the
property owner. by a member of the Wheat Ridgs Hisbrieal Society Boar-€!
of Elirectors or by a member of city council. Ths <:wJi::::ti:::-: 7:::~~ ~e on a
faf~ :::: ;:~3\'iaeaby the eity preselyzt:r si'ss:alist and shz!J. be submittea
to the eity preservation speeialist whe s~::" ,,~st ~cfur the applieation to the
Whsat R~a Histarisa! Society Boari a~ ::lirectors fer re':iew ana
reeommenaation. If the applicti:::-: ;:: ~::::le by anyone oths~ ~tzr: ~3
property owns~-, ~ts s:ty preservation speeialist shalJ. j>ramptly seAa the
awAS~ z S3Py of the ap~lisat;'"n via eertifiml ~::;~. :~::: property owner may
file a written objection t:: t~:: ::;Jplieation 'Kith ~lcs j>rss3fVet:s:-: speialist
'...,ithin thirty (ag) ia~'s after the aate thc pr-cservation spes:z~:st mai,~s ~3
o.....ner a eopy of the applieation.
b. 1:1 :::cordance with its :J'A'n rulss ad bylaws, the 'Nheat Riagc
Histar;::::' ~oeiety boara of e:~,:::::bFS shall review the zrzrzli::ation for historie
desigAat;e:-: :::-:2 ::~::" ~::'~:: :: ~::::ommendation to city council on whether
the city coun::il shsul<l 8r<:1"t. h::loric designatie:-:. ~zi~ure of the Wheat
Riage Historisa! S3ciety boara of aireeters ts rzFOviae a resamm:::ndation
\ld~::-: t~;""~' (30) Elays of the aats ~lczt ~b z?rz~::;atjsn is ssnt to it for referral
shall be deemea to be a Hle:);l1:h:n::lation fer Genial.
DE. Upon receipt of a AN APPLICATION, res"?~~enaation fr.:>m tha
Histarisa! Sseiety boara of air-ectors, or after the passage ::' t~i~!/ (30) days
~ ~ts 3a<<;; &1': ::.::,plieation is sent to the Historieal Soeiety fer referral, the
COMMUNITY DEVELOPMENT DEPARTMENT pr-cseF\'z~!"r speeialist
shall schedule a city council publiC hearing. on such historie aesignatioA
applieations. Notice of the public hearing shall be sent to the owner of the
property via certified mail, shall be published in a newspaper of general
circulation and be posted on the property by a sign, which conforms with
-2-
the requirements of section 26-109C., at least fifteen (15) days before the
date of the public hearing. ~THE notice shall state the time and place of
the public hearing, state that an application has been filed for historic
designation of the structure and describe the location of the landmark by
street address, legal description, map and/or other descriptive information
sufficient to reasonably advise the public and/or any interested persons of
the pendency of the application. If the property o'::nsr filss a \VFittefI
objeetion to the applioation, oity oounoil S~2!~ ~ SBi3 hearing within forty
five (15) days of the datE sf rs::eipt of the r-coommendation ef the Histarioal
Sooiety Inar3 sf ::IireetoFS or .....ithin f3rty five (15) days 2't!~ ~-he passage of
thirty (dO) days from the date th:: ::-;3';:,,'3alie:: 's ::::::\ I:: ~i::\:Jrioal Society for
fZ~~:-:"2~;
Section 4. Section 26-906 of the Code is amended to read:
Sec. 26-906. City council designation.
A. Following public hearing, city council may designate by
RESOLUTION ordinance historic landmarks in the City of Wheat
Ridge to accomplish the purposes of this article. In making such
designations, city council shall consider ~t:e r::common::!3ti:::: 9f-lI:Ie
WAeat Riage His~oos3' Ssc;sl}' 9S2n:! sf ojirectors, the testimony and
evidence presented at the public hearing and the following criteria:
1. No structure or building shall be granted historic designation
unless city council determines that the property owner will retain
the ability to earn a reasonable return on the property which is the
subject of the application; and
2. The city council shall consider whether the structure is of
particular historical, architectural, cultural or archaeological
significance which:
a. Exemplifies or reflects the broad cultural, political, economic
or social history of the nation, state or community; or
b. Is identified with historic persons or with important events in
national, state or local history; or
c. Embodies distinguishing characteristics of an architectural
type inherently valuable for the study of a period, style, method
of construction or of indigenous materials or craftsmanship; or
d. Is representative of the notable work of a master builder,
designer or architect whose individual ability has been
recognized .;-ef
G. I: re::ommondos :::c 2:: !'-i.et:Jric land:r.i::~I: -bj' t!'-.e Wheat Ridgo
Historical Society board of directors.
3
B. The city council may grant historic designation in the presence of
one (1) or more of the criteria set forth in 2.a. - 2.de., above, but
need not find that all of those criteria are met.
C. If:::~ ::::i}plk:ct:sn f::~ !",doric dosignatiG~ :c :::oItFnir.:::d by either a
city council mombo~ ::~ 2 ~:::mbor of the W~sat Ridge Historical
80cioty board of dir-ector-s and the proporty owner doos not dosirc
historic dosignnti::~ :::~j so indi::e~ss I::y filing a '.witton protc3t ::sf9fe
tho schodule~ pxli:: t:sarir.;j, historic desigr.:::~:c~ ::heJ). be grantod
only up::~ ::: ~-t:~::::: foLlrths vot:: ::f tt::: ontirc city council.
C. It shall be unlawful to demolish, destroy or undertake any major
change to a structure which is the subject of a pending historic
designation application until such time as city council has determined
whether such designation shall or shall not be granted.
E. The CITY ple~~i.r.a-Ge;:::l:=t:t1:::nt and th:: f:u:li:: works departmont
shall maintain an inventory of all designated historic landmarks and
all structures which are the subject of pending applications for
historic designation. Upon receipt of 2f: aJ:plication for si~.f::sr a pormit
Gr a rS:Juost to carry aut an~' now c::~::~~:J3tic~, aJA:srntion, romoval or
domolition af a ::trClatll,e 3fl-G~ :~ :::~ hist::~::: 1:::~t!:t,v.I, :Jr on a
stHlstllFe ,..t:li~'" :r ....- _._,....;o~. -f - "'~AEliA!l a~.,I:-.,.;-- ,-. "':rt~.;~
.. .....1. ~ ..t,,-,, ....o:::I~.... .... ,....... r-I"" .,;;;.:r.:.:;;;ttt-t..... . c._ .;;:::TT""JV
dosignation, s~ ::: ":Jning chango or de':olopmont plan chango, tho
FI:::~~i~g SOMMIJNITY (;)='.'ELOPI\1=JIT ar public work-s dopartment
shall forward su::~ p::~mit aFfllication, rcquoct Y. inbrmatio~ ~-c t~3
preservation spo::iaJi.st with:" ~-eh ~1 0) 'Norking days. No permit shall
be issued or request granted TO CARRY OUT ANY NEW
EXTERIOR CONSTRUCTION, ALTERATION, REMOVAL OR
DEMOLITION OF A STRUCTURE ON OR IN AN HISTORIC
LANDMARK OR ON A STRUCTURE WHICH IS THE SUBJECT OF
A PENDING APPLICATON FOR HISTORIC DESIGNATION by said
dopartments before a landmark alteration permit has been issued-by
eitAcr th:: ;:;~:Jservatis:1 s;::36i::!i::t :Jr city councilor until a
determination has been made by city council not to grant historic
designation.
Section 5. Section 26-908.A of the Code is amended to read,
A. No person shall carry out or cause to be carried out on any
historic landmark any EXTERIOR construction, alteration, removal or
demolition, or make any changes that would impair the historic
nature of the historic landmark without first obtaining a landmark
alteration permit therefor in accordance with this article.
-4-
Section 6. Section 26-909 of the Code is amended to read:
Sec. 26-909. Initial processing of applications for landmark
alteration permits.
A. Applications for a landmark alteration permit shall be submitted
to the COMMUNITY DEVELOPMENT DEPARTMENT proservation
=~'I-"st -- - .~.~ -.. "'3"iEleEl BY th- -.-MwatiaR 5I3e-'I-J'~t and
....l""....Q.cr.. .0.. _ ....._.f".. """''-...... .. .~.- 1"""-.)'" .. .........""
shall contain such information as required to assure full presentation
of the facts necessary for proper consideration of the permit.
B. Landmark alteration permit applications for minor changes shall
be determined by the COMMUNITY DEVELOPMENT DIRECTOR
prcservatic:1 :;3:::cialist in accordance with this article. Landmark
alteration permit applications for major changes shall be determined
by city council in accordance with this article.
C. The COMMUNITY DEVELOPMENT DIRECTOR preservation
specialist shall determine whether the landmark alteration permit
application requests a "major change" or a "minor change" to the
historic landmark.
Section 7. Section 26-910 ofthe Code is amended to read:
Sec. 26-910. Minor change landmark alteration permits.
A. In determining whether to grant an application for a minor change
landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR
(3reservation s(3ccialist shall grant the permit if the requested alteration to a
historic landmark would preserve, enhance or restore the exterior
architectural features of the landmark or site. The proposed work shall not
adversely affect the special character or special historical, architectural or
archaeological nature of the landmark or site.
S. IF THE OWNER MAY APPEAL THE I\ny person aggricveEl BY a
determination of the COMMUNITY DEVELOPMENT DIRECTOR
proservation specialist to grant or deny a minor change landmark alteration
permit may a(3peal such Eletz~~:~zti3A-to the city council within ten (10)
working days of the date of the COMMUNITY DEVELOPMENT
DIRECTOR'S (3reservation s(3ecialis!'s determination by filing an appeal
with the office of the city clerk. Soch ZjZpzz~ s~zv. slzle l~::: grounds for
a(3peal, Within thirty-five (35) days of the date the appeal is received ifl-tAe
office of the city mQn~ the city council shall set a date for a hearing 00
such a(3(3eal, which hearing shall be held no later than sixty (60) days after
the date the appeal is received. in the :Jf"x 'Jf the city marlager. The city
council shall have the power to overrule the COMMUNITY
DEVELOPMENT DIRECTOR'S (3F-Cscrvation s(3csialist's decision. BY a vote
at e FF,qority of the city c:~~zi'. The determination of the city council
following the appeal hearing stlz!~ ~z issued within forty fi'{c (AS) -:!::\~'s--ef
thz r.zzcing and shall be aTHE final determination OF THE CITY.--feF
(3ur(3oscs of Rule 1 De, Colorado Rules of Civil Procedure.
5
Section 8. Section 26-911 of the Code is amended to read:
Sec. 26-911. Major change landmark alteration permits.
:\. ThE ::ity preservatior. sp:::3liGt s~z!~ s::~:ldule the pe~~:~ ::fplieation for
a major ehange on the next availabl~ Q9c.1da of the 'Nheat Ridg::: ~:s!3fiGaI
Soeiety board of dirCl:t.::rs. Ths I3reservatic:-: :W*ia!ist sha'l notify the
f3ef~'! ::pph:::-:! of the date sf ~t.s ~::~ s::::iety boar-d of ElircctoFS
mcs?:-:;;J 2t which the applieatis:-: s~:::~ ~E eonsidered via first ::'"ss ~,,!~ z~
least fifteen (15) days before the Elate of the meeting.
Ih--'^1. ~t.E ssnslusioo-4 !~: ~':!3rieal society board of directors meeting at
wAiGh thE socicty eonsidsrs ar. &;3pli::alJ.sr. kr .. I..d~::~'~ ::Jte::~:)R permit
to mal(c z ":':1z;er ehang::," thE histsF'c::' ss::icty board of dirce!ors shz.'l.
fo",vard to eity :;c~:-.c:' :: ~:::ommendati::-: '! :lithcr gr-a:-:! S~ ::leny sueh
permit.
AG. The city council shall schedule a hearing on 5IffiI1---major change
landmark alteration permit applicationS. Notice of the hearing shall be as
set forth in section 26-9050€., except that the notice shall state that an
application has been filed for a major change landmark alteration permit.
Such notice shall be sent to the permit applicant via first class mail and
shall be published as in section 26-9050€.
S9. Ouring the city council hearing GfI---lI1E majsr ::hange landmark
alteraticn prmit aj:lplieation, city council shall consider IRe
reeommendation of the historical soeiety, the evidence or testimony
presented at ths hEaring, and whether the proposed work will materially
adversely affect the special character or special historical, architectural or
archaeological nature of the historic landmark. City council shall make its
determination to grant or deny the major change landmark alteration permit
within sixty (60) days of the date of the hearing. z:-:i s~z.l: notify the
8Jl:S-"'Y.':'! 'Jf its vote .....itRin fifteen (15) Elays of the date oftRe '/ote in writing,
ineluding th: ~::j3r change lanc'~::r'~ :1lteration permit if the eity eounsil has
voted to g~:::-:! :l:C~ permit.
Section 9. Section 26-913 of the Code is amended to read:
Sec. 26-913. Removal of historic designation.
A. An application for removal of historic designation may be submitted by
the owner of the property which holds such designation,.--b} :: ~::':1ber of
tRe Vllheat RidgE Histerieal Seeiet}' ~:::~::l of direetoFS or by a member of
city council as in section 26-905C. The application shall be processed in
the same manner as in section 26-905C. through 26-9050€., and section
26-906 except that the criteria for removal of historic designation shall be
that:
1. The property has ceased to meet the criteria for historic designation
because the qualities which caused it to be originally listed have been
lost or destroyed; OR
-6-
2. Additional information shows that the structure or property no longer
meets any of the criteria for historic designation contained in section 26-
906; OR
3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE
NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL
ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE
EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY.
B. Properties removed from the state register or the National Register of
Historic Places shall not be considered to have been automatically
removed from the city's historic inventory without formal action of the city
council.
C. If-eitI:lsr 2: :lity council member S~ :: ~::mber of the Wheat Rid€le
Historical Society board of dir-eGtors submits 2.. 2~GatL.. :_. ~:lmo'.'al of
historic desi€lnation and the Ilrol3erty o..'mer docs not desire removal of
Rist:~:: <I.::si€lnation and so indicates by filin€l a '....ritten Ilrotest beror-e the
scheduled l3ublic hearing, historic desi€lnatisn shzlJ. ~:l r-cmoved only ul30n
a three fo~~~: vet: :' t~:J entire city counoil.
Section 10. Section 26-915 of the Code is amended to read:
Sec. 26-915. Violations and penalties.
A. Any person who is an owner as defined in section 26-903 or a manager
of property subject to any provision of this article shall be responsible for
compliance with all provisions of this article. Historic designation may be
subject to a review for loss of designation as a result of a conviction of the
owner for a violation of this article.
B. Any person violating any provision of this article shall be subject to a
fine of one thousand dollars ($1,000.00) or by imprisonment not exceeding
one (1) year, or by both such fine and imprisonment. Each and every day
during which a violation continues shall be deemed a separate offense and
shall be prosecutable and punishable as a separate offense.
C. The imposition of any penalty hereunder shall not preclude the city eF
all} (2~:(2:~ ;::Jrson from instituting any proper action or proceeding to
require compliance with the provisions of this article. In case any building
or structure is erected, constructed, externally reconstructed, externally
altered, added to or demolished in violation of this article, the city or any
Ilr-ol3er Ilerson may institute an appropriate action or proceeding to prevent
any unlawful erection, construction, reconstruction, exterior alteration,
addition or demolition.
Section 11., Severabilitv: Conflictino Ordinances Reoealed. 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.
7
Section 12. Effective Date. This Ordinance shall take effect immediately after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of l to ~
on this 14th day of Julv , 2008, 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 Mondav. Julv 28, 2008, at 7:00 o'clock 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 , 2008.
SIGNED by the Mayor on this
day of
,2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: July 17, 2008
Second Publication:
Wheat Ridge Transcript
Effective Date:
-8-
.... ~ J. ~
~ ~ City of
pWheat"RL-dge
ITEM NO:
~
REQUEST FOR CITY COUNCIL ACTION
~~
1~'di'0}t:'J~~\']~j
R[ un
~.. ~
~~........)...'.;.M..... ~'ii, . Q[1
e-4,'>lt ,~~~-=
COUNCIL MEETING DATE:
July 28, 2008
TITLE: COUNCIL BILL NO. 13-2008 - AN ORDINANCE PROVIDING FOR
THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON
PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT
AND FOR APPROVAL OF AN AMENDED OUTLINE
DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 3700
KIPLING STREET (CASE NO. WZ-08-04/CITY OF WHEAT
RIDGE)
o PUBLIC HEARING
o BIDSIMOTlONS
o RESOLUTIONS
r8J ORDINANCES FOR I ST READING (07/28/2008)
o ORDINANCES FOR 2ND READING (08/25/2008)
Quasi-judicial: F YES
I~-Jl P ~I-L~
,C>uector ofcommuru4'D~~
o NO
~o~
City Mana~ 0
EXECUTIVE SUMMARY:
The applicant requests approval of a change of zoning conditions on property zoned Planned
Commercial Development pursuant to Case No. WZ-82-15 and for an amended Outline Development
Plan (ODP). The subject property is located at 3700 Kipling Street.
The property is city owned open space which has been subject to a park master plan process for
development into a city park. The property is currently zoned Planned Commercial Development and is
approved for an office complex development with 130,000 square feet of floor area. Permitted uses
include professional, medical and business offices and general retail sales. A public park is not one of
the permitted uses. As such, the existing ODP plan, known as Westhaven Park Planned Commercial
Development must be amended, requiring a zone change process. A zone change process is required to
modifY an existing ODP plan by adding uses and amending development standards.
This application has been processed following the new Outline Development Plan procedure of
providillg more graphic and written information up front, allowing the Final Development Plan (FDP) to
be approved administratively.
COMMISSIONIBOARD RECOMMENDATION:
All zone change requests require review and a recommendation from the Planning Commission. A
public hearing before the Planning Commission is schedllled for Thursday, August 7.
. '.
..,*"~~ -
STATEMENT OF THE ISSUES:
The property in question was purchased by the city in 2000 with the intent that it be developed into a
city park. The Parks and Recreation Department with the help of Design Concepts has undertaken a
parks master planning effort for the park design. A series of design workshops were conducted with
the pu~li~ to solicit input for the pa:k ~esign. Study sessi~ns were held with City Counl)i),l~)~
CommissIOn and the Park CommiSSIOn. The final deSign generated from the mas.t.er ;plapnll)JL....
process will become the graphic for the ODP document. -
Other modifications occurring to the ODP document include elimination of commercial uses,
establishment of new uses (park, recreation, cultural and historical uses), and revision to
development standards.
ALTERNATIVES CONSIDERED:
I Approve request.
2. Do not approve request.
FINANCIAL IMPACT:
.>
,
_..
~"',
There is no direct financial impact to the Community Development Department as a result of this
case. No fees were paid for the processing. Fees will not be collected for review of the Final
Development Plan, nor for any permitting required for park construction,
RECOMMENDED MOTION:
"I move to approve Council Bill No. 13-200l!" Case No. WZ-08-04, a request for approval of a
change of zoning conditions on property zoned Planned Commercial Development and for approval
of an amended Outline Development Plan for property located at 3700 Kipling Street, on first
reading, ordered published, public hearing set for August 25, 2008."
Or
"I move to deny Council Bill No. 13-2008, Case No. WZ-08-04, for the following reasons:
"
Report prepared by: Meredith Reckert, Senior Planner
Report reviewed by: Tim Paranto, Director, Public Works
ATTACHMENTS:
1. Council Bill No. 13-2008
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 13-2008
Ordinance No.
TITLE:
COUNCIL BILL NO. 13-2008 - AN ORDINANCE PROVIDING
FOR THE APPROVAL OF CHANGE OF ZONING
CONDITIONS ON PROPERTY ZONED PLANNED
COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF
AN AMENDED OUTLINE DEVELOPMENT PLAN FOR
PROPERTY LOCATED AT 3700 KIPLING STREET (CASE
NO. WZ-08-04/CITY OF WHEAT RIDGE)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO THAT:
Section 1. Upon application by Design Concepts for the City of Wheat Ridge,
approval of change of zoning conditions on property zoned Planned Commercial Development
approved pursuant to Case No. WZ-82-15 and for approval of an amended Outline Development
Plan for property located at 3700 Kipling Street and pursuant to the findings made based on
testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a
change of zoning conditions and an amended Outline Development Plan are approved for the
following described land:
New legal
Section 2. Vested Pronertv Ril!"hts. Approval of this change of zoning conditions
and amended Outline Development Plan 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 ofthe 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. If any clause, sentence, paragraph, or part of this Zoning
Code or the application thereof to any person or circumstances shall for any reason be adjusted
by a court of competent jurisdiction invalid, such judgment shall not affect application to other
persons or circumstances.
I
ATTACHMENT 1
Section 5. Suoersession Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and standards
here shall supersede and prevail.
Section 6 .
This Ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this _ day of , 2008, 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 ,2008, at 7:00 o'clock 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 , 2008.
SIGNED by the Mayor on this
day of
,2008.
JERRY DITULLIO, MAYOR
ATTEST:
Michael Snow, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERAL DAHL, CITY ATTORNEY
I st publication:
2nd bl' .
pu lcatlOn:
Wheat Ridge Transcript
Effective Date:
2