HomeMy WebLinkAboutCouncil Packet 02/22/2010
!Yn!'n~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 22. 2010 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 February 8.2010 CITIZENS' RIGHT TO SPEAK a. Citizens, who
wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak qn Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA 1. CONSENT AGENDA A. Motion to approve Award of ITB-10-06 2010, Crack Seal
Project, to Coatings, Inc., Arvada, Colorado, in the amount of $81,051 with a 10% contingency of $8,105 for a total contract award of $89,156. B. Motion approving Murray Dahl Kuechenmeister
& Renaud LLP January 31,2010 Invoices for Attorney Services in the amount of $16,401.17. C. Motion to approve payment to Denver Regional Council of Governments in the amount of $18,720
from Acct. No. 01-122-700-704 for 2010 Contract Elevator/Escalator Inspections. D. Resolution 11-2010 -amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a
supplemental budget appropriation for additional Contract Building Inspections related to damage from the July 20, 2009 storm to Code Consultants International in the amount of $20,000.
CITY COUNCIL AGENDA: February 22,2010 Page -2-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 13-2010 -considering a Special Use Permit to allow a Day Care for up to 60
children as an ancillary use to a church in a Residential-One (R-1) Zone District. (SUP-09-03 -Wellspring Bible Church) ORDINANCES ON FIRST READING 3. Council Bill 03-2010 -An Ordinance
extending the Moratorium enacted by Section 2 of Ordinance 1453, Series 2009, on the submission, acceptance, processing, and approval of any application for a City of Wheat Ridge Permit
or License related to the operation of a business or cooperative that sells or cultivates Medical Marijuana pursuant to the Authority granted by Article XVIII, Section 14, of the Colorado
Constitution. . DECISIONS. RESOLUTIONS. AND MOTIONS 4. 5. 6. 7. Resolution 12-2010 -concerning expenditure of the City's 2007, 2008, 2009, and 2010 Jurisdictional Allocation of Federal
Community Development Block Grant Funds (CDBG), and acceptance of and authorization to expend expend 2008 Jefferson County CDBG Economic Development Funds. Motion to approve appointments
to various Boards and Commissions. Ratification of the Mayoral Appointments to the Wheat Ridge Foundation. j Ratification of the Mayoral Appointments to the Wheat Ridge Housing Authority.
CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO February 8, 2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Karen Berry, Joseph
DeMott, Joyce Jay, Tracy Langworthy, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff;
City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Assistant to the City Manager,
Heather Geyer; staff; and interested citizens. APPROVAL OF MINUTES OF January 25 and February 1, 2010 Motion by Mr. Stites for approval of the Minutes of January 25,2010 and February
1, 2010; seconded by Mrs. Sang; carried 8-0. PROCLAMATIONS AND CEREMONIES Able Martinez -Citizen Award Chief Brennan recognized Mr. Able "Cruz" Martinez for his actions on the night
of November 19th, 2009. Mr. Martinez took the initiative to check on a vehicle left running in the parking lot of Amici's Restaurant where he found a man, Mr. Stephan McKean, unconscious.
He attempted to revive Mr. McKean an~ call 911 for emergency service. His actions likely saved Mr. McKean's life. Mr. McKean was present and thanked Mr. Martinez for getting him help.
Spay Day Wheat Ridge February 20_215t was designated as Spay Day in Wheat Ridge. Marina Wilson, member of the Board of Directors of Spay Today and Dr. Piccoli, their chief veterinarian,
s.hared information illustrating the effects of pet overpopulation and encouraged citizens to spay or neuter their pets or to sponsor the spaying or neutering of dogs and cats through
their local animal shelter. Contact Spay Today at 303-984-SPAY for discounted spay and neuter services. CITIZENS' RIGHT TO SPEAK No citizens were present to speak.
CITY COUNCIL MINUTES: February 8,2010 APPROVAL OF AGENDA 1. CONSENT AGENDA Page -2-A. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2010 Workers'
Compensation Premium in the amount of $207,750 and 2010 Property/Casualty Premium in the amount of $153,164. B. Motion to approve the purchase of an Automatic License Plate Reader (ALPR),
funded by the Edward Byrne Justice Assistance Grant (JAG) in the amount of $20,425. C. Motion to encumber funds for 2010 WRTV8 Videographer Services in an amount not to exceed $36,000.
D. Motion to encumber funds for 2010 CONNECTIONS Newsletter design and print services in an amount not to exceed $71,127.14. E. Motion to approve the purchase of an AudioNisual System
for the Police Chiefs Conference Room, funded by Police Investigations Seizure Fund 17, in the amount of $16,264. F. Motion to approve the Annual Renewal for the Computer Aided Dispatch
and Records Management System in the amount of $71 ,307 to Logistic Systems, Inc. G. Motion Motion to approve Payment of the Annual Sales Tax Increment for the Town Center, Wheat Ridge
Cyclery and Walgreens Projects in the amount of $277,482 to the Wheat Ridge Urban Renewal Authority. H. Resolution 09-2010 -amending the Fiscal Year 2010 Budget to reflect the approval
of a supplemental budget appropriation for the re-appropriation and re-encumbrance of 2009 Fiscal Year Encumbered Funds in the amount of $1 ,724,011.96. I. Resolution 08-2010 -amending
the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $12,533.40 for the renewal of the WRTV8 Videostreaming Software.
J. Resolution 10-2010 -amending the Fiscal Year 2009 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $94,220 for the purpose of
expending the Baugh House Grant. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Sang; carried 8-0.
CITY COUNCIL MINUTES: February 8,2010 ORDINANCES ON FIRST READING Page -3-2. Council Bill 02-2010 -amending a Planned Industrial Development Outline Development Plan to allow an additional
use on property located .at approximately 5250 Oak Street. (Case No. WZ-09-09/Skyline Estates Filing 3/Arvada Fire Protection District) Council Bill 02-2010 was introduced on first reading
by Mrs. Langworthy. Motion by Mrs. Langworthy to approve Council Bill 02-2010 on first reading, order it published, public hearing set for Monday, March 8, 2010 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS 3. Resolution 01-2010 -designating
the Official Public Notice Location and the Official Newspaper of General Circulation for the City of Wheat Ridge, Colorado. Resolution 01-2010 was introduced by Mr. Stites. Kate Weber
of the Denver Post spoke in support of the proposed Resolution. The YourHub insert is a community-focused publication that is delivered solely to Wheat Ridge and Arvada Denver Post subscribers.
Scott Perriman, Mile High News (Transcript) Publisher and owner spoke of the partnership between the City and Mile High News, which has provided service to the Wheat Ridge area for many
years. The Transcript is a stand-alone paper, not an insert, which provides a dedicated reporter to cover Wheat Ridge comfnunity, government and sports activities. The revenue from its
Legal Publications, for which the per-line rates are regulated by State Statute, helps support this full-time reporter. Last year the Wheat Ridge Transcript entered into an agreement
with the Wheat Ridge Economic Development Department whereby any revenues collected from the City of Wheat Ridg!'l for legal publications goes toward paid subscriptions for business
community members. Mayor DiTullio pointed out that the Wheat Ridge/Arvada edition of YourHub does not deliver to the 80212, and 80214 zip codes in the eastern portion of the City. Only
Only the Denver edition is delivered to homes in these areas. Motion by Mrs. Adams to designate the Wheat Ridge Transcript as the newspaper of general circulation for the City of Wheat
Ridge and that notices for public meetings continue to be posted on the first floor of the Wheat Ridge Municipal Building; seconded by Mr. DeMott; carried 8-0.
CITY COUNCIL MINUTES: February 8,2010 Page -4-CITY MANAGER'S MATTERS Mr. Young wished to provide advance warning to Wheat Ridge residents that the City of Wheat Ridge will be testing
their Emergency Warning System (EWS) sirens on Wednesday, February 10th , 2010 at 1:00pm. ELECTED OFFICIALS' MATTERS Motion by Mr. Stites to hold a Study Session of the City Council
on February 22nd , 2010, 6:00pm in the Council Chambers for the purpose of a Cabela's development update; seconded by Mrs. Sang; carried 8-0. The Wheat Ridge Optimist Club presented
their Respect for Law Award to Wheat Ridge Police Officer Wade Hammond at their recent meeting. Lieutenant Hammond was honored for the work he's done in the eastern portions of the City
to improve code enforcement and compliance of homes and businesses in the area. Motion by Ms. Berry to appoint Alan Bucknam to the Wheat Ridge Planning Commission, filling the remainder
of the March 02, 2010 term vacated by Council Member Reinhart; seconded by Mr. Reinhart; carried 8-0. Motion by Ms. Berry to appoint Joyce Jay as the alternate City of Wheat Ridge representative
to the Denver Regional Council of Governments (DRCOG); seconded by Mrs. Sang; carried 8-0. Meeting adjourned at 7:34p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON FEBRUARY
22,2010 BY A VOTE OF --to --Davis Reinhart, 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.
ITEMNO:~A I DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-I0-06 2010 CRACK SEAL PROJECT TO COATINGS, INC., ARVADA, COLORADO, IN THE AMOUNT
$81,051 WITH A 10% CONTINGENCY OF $8,105 FOR A TOTAL CONTRACT AWARD OF $89,156 o PUBLIC HEARING [gJ BIDS/MOTIONS o RESOLUTIONS ISSUE: o ORDINANCES FOR I ST READING (mm/dd/yyyy) o ORDINANCES
FOR 2ND READING (mm/dd/yyyy) DYES ~ NO The 2010 Crack Seal Project will provide street maintenance throughout the City by priority. The crack filling treatment will reduce water infiltration
under the pavement and extend the pavement life of these streets as part of the on-going maintenance program. This project is the first of the three preventive maintenance projects that
the City will implement this year. On February 2, 2010, five bids were received for the 2010 Crack Seal Project. All bids met the initial bid requirements. The apparent low bidder was
Coatings Inc., Arvada, Colorado in the total amount of$81,051. The company's references and experience were evaluated by Public Works Staff and Coatings Inc. has successfully completed
similar City projects the past several years. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the Preventive Maintenance Projects line item of the
2010 Capital Improvement Program budget in the amount of $1,250,000. V:\Fonns\CAFtemplate
Council Action Form February 22,2010 Page 2 BACKGROUND: Bids for the 2010 Crack Seal Project, #S-PM-02-1O, were opened on Tuesday, February 2, 2010. Five bids were received. The bid
provides crack sealing to streets throughout the City by priority. The bids ranged from $81,051 to $95,975. The engineer's estimate was $91,625. The most qualified and apparent lowest
responsible and responsive bidder is Coatings Inc., Arvada, with the bid amount of $81 ,051. A 10% contingency amount of $8, 1 05 is requested for the cost of other items related to
the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on a previous City project, Staff recommends the bid award to Coatings, Inc. RECOMMENDED
MOTION: "I move to award ITB-10-06, 2010 Crack Seal Project to Coatings Inc., Arvada, in the amount of $81,051, and that a contingency amount of$8,105 also be approved. I further move
that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$89,156. . I further move that all costs associated with this contract
be paid from account number 30-303-800-884, 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
ofITB-10-06 2010 Crack Seal Project for the following reason(s) REPORT PREPARED BY: Steve Nguyen, Engineering Manager Linda Trimble, Purchasing Agent Tim Paranto, Director of Public
Works ATTACHMENTS: 1. Bid Tab Sheet "
PROJECT: ITB-10-06 2010 CRACK SEAL REQUESTED BY: BID DUE DATEITIME: FEBRUARY 02, 2010 AT 2:00PM OUR CLOCK OPENED BY: LINDA TRIMBLE PURCHASING AGENT WITNESSED BY: AMY VANDER MEER, PURCHASING
TECHNICIAN '-~ .i. ..... :#'~ TOTAL BASE BID City of" _ ",,"liea:t~dge A-1 CHIPSEAL CO DENVER YES YES PENHALLCO NO YES YES YES YES YES YES YES 00 ATTACHMENT 1 Page 1 of 1 YES YES 82.175.00
QUALITY RESURFACING YES YES 92 00
,,\'I..~ ~,~ City of • ?WheatRL-dge ITEMNO:~ /DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING MURRAY DAHL KUECHENMEISTER & RENAUD LLP JANUARY 31, 2010
INVOICES FOR ATTORNEY SERVICES IN THE AMOUNT OF $16,401.17 D PUBLIC HEARING ~ BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D
YES ·71/. ,;::'2' /T'y-Ll /} /7 L{~~ City Attorney ISSUE: ~ NO CityM er Request to approve the January 31, 2010 invoices for legal services received from Murray Dahl Kuechenmeister &
Renaud LLP (MDKR). The MDKR services for the month of January exceed the $15,000 limit on manager-approved expenditures; thus requiring Council approval. FINANCIAL IMPACT: MDKR is within
the estimated budget for legal services as projected in the 2010 budget. RECOMMENDATIONS: Staff recommends approval of the invoices RECOMMENDED MOTION: "I move to approve the January
31, 2010 invoices for legal services to Murray Dahl Kuechenmeister & Renaud LLLP in the amount of$16,401.17." Or, V:\Forms\CAFtemplate
Council Action Form February 22, 2010 Page 2 "I move to table indefinitely the approval of the January 31, 2010 invoices for legal services to Murray Dahl Kuechenmeister & Renaud LLP
for the following reason(s) " REPORT PREPARED & REVIEWD BY: Gerald Dahl, City Attorney Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Invoices 7171, 7172, 7173 & 7187
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph:303-493-6670 Fax:303-477-0965 City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge,
CO 80033 Matter#: Attention: City Manager Inv #: RE: City Attorney: General DATE DESCRIPTION ATTY RATE Jan-04-10 review; respond to email correspondence GED $165.00 respond to Schumacher
request regarding GED $165.00 notice to abate; draft return of service and edit notice Receive and review new tax inquiry from BBS $120.00 K. Franklin. Jan-05-10 review; respond to email
correspondence GED $165.00 Review and respond to email re: medical CMP $110.00 marijuana meeting. Medical Marijuana: Legal research, WFC $85.00 Senator Romer's senate bill for G. Dahl
reVIew. City Council Orientation: Review e-mails WFC $85.00 from Gerald E. Dahl and Karen Van Ert; e-mail training memo to Karen Van Ert. Jan-06-10 Telephone call with council member
GED $165.00 Reinhardt research; draft response to K. Walpole GED $165.00 regarding request to to inspect/copy criminal justice records office conferences at municipal building GED $165.00
review; respond to email correspondence GED $165.00 ATTACHMENT 1 January 31, 2010 53027 7171 HOURS AMOUNT 1.00 165.00 1.00 165.00 0.25 30.00 2.50 412.50 0.25 27.50 0.15 12.75 0.15 12.75
0.25 41.25 1.00 165.00 1.00 165.00 1.00 165.00
Invoice #: 7171 Page 2 January 31, 2010 Telephone call with Mayor DiTullio OED $165.00 0.25 41.25 regarding agenda matters Re: medical marijuana; review and edit CMP $110.00 2.50 275.00
draft ordinance; email to K. Johnstone, D. Brennan and O. Dahl. Jan-07-1O Telephone call with Manwaring OED $165.00 1.50 247.50 regarding transactions with Jeffco open space; review
and comment on title documents review, respond to email correspondence OED $165.00 1.00 165.00 prepare for and give training to newly OED $165.00 2.00 330.00 elected council members
revise Walpole letter; research OED $165.00 1.00 165.00 38th & Kipling: review e-mail CNB $150.00 0.25 37.50 correspondence from T. Paranto and J. Manwaring regarding proposed final
form of Agreement between City and Cafe property owners concerning property exchange, briefly review attached proposed final form of document and advise regarding acceptability of same.
Review draft letter to K. Walpole in CNB $150.00 1.25 187.50 response to his mUltiple requests for Criminal Justice Records kept by the Police Department concerning his prior arrest
for sexual exploitation of a child, review relevant portions of CJRA, review continued e-mail inquiries from Walpole to D. Patt regarding same, confer with O. Dahl regarding considerations
concerning specific statutory bases for nondisclosure. Re: medical marijuana; per D.Brennan CMP $110.00 1.25 137.50 email; review and analyze police chief association bill in preparation
for meeting concerning draft of ordinance. Jan-08-1O review; respond to email correspondence OED $165.00 1.00 165.00 Telephone call with Deri Patt; finalize OED $165.00 0.75 123.75 latter
to Walpole regarding records requests Review redline of draft letter to K. CNB $150.00 1.25 187.50 Walpole in response to multiple requests for criminal justice records relating to
Invoice #: 7171 " Page 3 January 31, 2010 Walpole's prior arrest for sexual exploitation of a child, phone conference with G. Dahl regarding same, edit draft letter pursuant to G. Dahl's
comments and send to D. Patt for review, phone conference wtih Dahl and Patt regarding statutory bases for denial of requests for certain records and redact minor victim information.
Jan-I 1-10 prepare for and attend council meeting GED $165.00 2.50 412.50 Jan-12-10 review; respond to email correspondence GED $165.00 1.00 165.00 Review email from R. Young re: medical
CMP $110.00 3.25 357.50 marijuana grow facility; analyze code provisions; review development plan for site; review moratorium ordinance; review notes re: same; review research re: grow
facilities; draft memorandum to R. Young and G. Dahl re: same. Richards Hart Estate: Confer with G. WFC $85.00 J.10 93.50 Dahl re research project; research how Denver Water bills their
out-of-city clients; prepare memo to G. Dahl of research information. Jan-J3-IO review; respond to email correspondence GED $165.00 1.00 165.00 Jan-14-10 prepare for and conference with
Brennan, GED $165.00 3.00 495.00 Cooney, Franklin and Johnstone regarding timing and schedule for taking MMJ ordinance to Council; conference Young review; respond to email correspondence
GED $165.00 0.50 82.50 Prepare for and attend conference re: CMP $110.00 4.50 495.00 medical marijuana ordinance; edit ordinance accordingly; begin draft of CAF. Jan-15-10 review; respond
to email correspondence GED $165.00 1.00 165.00 Jan-18-10 review administrative procedure form GED $165.00 0.50 82.50 and ordinance research FCP A requirements in GED $165.00 0.50 82.50
connection with fire district ballot question
Invoice #: 7171 Page 4 January 31, 2010 Office conference with G. Dahl, Esq., TWR $200.00 0.25 50.00 regarding client question regarding local district ballot question as it relates
to Fair Campaign Practices Act. Jan-19-10 FCPA: Telephone call with Wilson at GED $165.00 0.50 82.50 CML; Telephone call with Guyer review; respond to email correspondence GED $165.00
1.50 247.50 Jan-20-10 review; respond to email correspondence GED $165.00 1.00 165.00 Review emails re: medical marijuana CMP $110.00 0.50 55.00 ordinance and council study session;
confer with G. Dahl re: same; draft of memorandum re: same. Jan-21-10 review; respond to email correspondence GED $165.00 1.00 165.00 Schedule meeting at City concerning BBS $120.00
0.25 0.00 Comcast dispute; email correspondence with K. Franklin re: the same. Continue draft of memorandum re: CMP $110.00 1.00 110.00 medical marijuana ordinance. Jan-22-10 review;
revise MMJ materials; Telephone GED $165.00 1.00 165.00 call with Price revise administrative process ordinance GED $165.00 0.50 82.50 review; respond to email correspondence GED $165.00
1.00 165.00 draft memo on FCP A compliance for GED $165.00 0.50 82.50 WRFD ballot question Begin review of Comcast case forwarded BBS $120.00 0.25 30.00 by K. Franklin. Draft and edit
memoranda re: medical CMP $110.00 5.25 577.50 marijuana; telephone conference with G. Dahl re: same; telephone conference with K. Johnstone re: same; telephone conference with D. Brennan
re: same; office conference with G. Dahl re: status of memoranda and packet preparation for Council study session; review and respond to emails re: packet materials. Jan-25-10 review;
respond toe mail correspondence GED $165.00 1.50 247.50 Telephone call with Brennan regarding GED $165.00 1.50 247.50 agenda matters; finalize memorandum
Invoice #: 7171 Page 5 January 31,2010 to council on FCP A requirements for WRFD election prepare for and attend council meeting GED $165.00 2.00 330.00 Review Comcast case vis-a-vis
City's BBS $120.00 3.75 450.00 definition of telecommunications services; review correspondence from City; conference with C. Price re: the same; office conference with G. Dahl re: strategy
for the same. 38th & Kipling property exchange: phone CNB $150.00 0.50 75.00 conference with T. Paranto regarding desired amendment to draft agreement concerning property sale/options,
amend agreement to trigger initial exchange by completion of subdivision process necessary to divide involved parcels, return Agreement to T. Paranto via e-maiL Confer with B. Scantland
re: Comcast tax CMP $110.00 0.50 55.00 matter and strategy for same. Jan-26-10 Telephone call with McKenna; Lorenz; GED $165.00 1.50 247.50 revise admin process ordinance; review code
on barking dogs; email McKenna regarding he same review; respond to email correspondence GED $165.00 LOO 165.00 Prepare for and attend meeting with P. BBS $120.00 LOO 120.00 Goff, K.
Franklin and L Schulz concerning Comcast inquiry regarding internet taxation. Receive and review inquiry from G. Dahl BBS $120.00 0.50 60.00 concerning campaign finance and recent Supreme
Court case decision; online research re: the same. Review and respond to ernails re: CMP $110.00 0.25 27.50 council's medical marijuana study session set for 211/10. Jan-27-10 prepare
for and conference call with City GED $165.00 2.00 330.00 Staff regarding medical marijuana ordinance review; respond to email correspondence GED $165.00 1.50 247.50
Invoice #: 7171 Page 6 January 31, 2010 Telephone cal1 with Brennan, Mayor GED $165.00 0.50 82.50 DiTul1io; prepare request for special meeting In-house conference with C. Price re:
BBS $120.00 0.75 0.00 medical marijuana and limitations on state action, if any. Phone conference with G. Dahl re: BBS $120.00 0.25 30.00 Comcastletter concerning cable high speed internet
service and tax on the same. Review voice message from G. Dahl CMP $110.00 3.25 357.50 medical marijuana study session documents; investigate and review emails and attachments concerning
same; prepare for and attend telephone conference with K. Johnstone, D. Brennan and G.Dahl re: 2/1/10 council study session; begin draft of summary of case concerning improper legislative
amendments to citizen initiated medical marijuana law. Jan-28-10 Telephone cal1 with Manwaring; review GED $165.00 0.75 123.75 plats for 38/Sheridan park exchange . review; respond to
email correspondence GED $165.00 1.00 165,00 Telephone call with Young, Brennan, GED $165.00 165.00 1.50 247.50 DiTul1io; revise notice of special meeting and Mayor's request; email
correspondence with clerk's office regarding the same. Review GreatAmericalFPlInnovative BBS $120.00 3.50 420.00 Office Solutions lease and rental agreement concerning postage equipment;
draft memo re: the same to the City with emphasis on similar agreements in Golden and comments from L. Trimble; forward the same to G. Dahl for review and comment. Review materials forwarded
by G. Dahl CNB $150.00 0.50 75.00 regarding desired IGA between City and West Metro Fire District concerning the provision of ambulance services within geographical areas (City-District)
that overlap, locate prior research regarding provision of ambulance services.
Invoice #: 7171 Page 7 January 31,2010 Review email from D. Brennan re: CMP $110.00 0.10 11.00 Council study session agenda. Jan-29-10 review Scantland memo on postal OED $165.00 1.50
247.50 contract; conference Scantland review; respond to email correspondence OED $165.00 1.00 165.00 Email correspondence with K. VanErt re: BBS $120.00 5.00 600.00 revised agreements
from Innovative; conference with O. Dahl re: memo conceminglease/rental agreements; review memo from Heizer Paul re: Citizens United case; review WR Code concerning elections and disclosure
requirements; begin review of Supreme Court decision; conference with o. Dahl re: strategy for the same and possible effects on City election reporting requirements. Review email from
D. Brennan re: CMP $110.00 1.00 110.00 Amendment 20 and enforcement of special offender legislation; confer with o. Dahl re: same; draft email to O. Dahl re: analysis of same. Jan-30-1O
review materials regarding photo red OED $165.00 0.50 82.50 light question review material regarding ambulance OED $165.00 0.40 66.00 servIces prepare for joint meeting with WHURA OED
$165.00 1.00 165.00 at 2/112010 study session Jan-31-10 review phone messages from mayor; OED $165.00 0.50 82.50 email correspondence Telephone call with Young; review OED $165.00 1.00
165.00 medical marijuana materials Totals 97.40 $13,796.00 DISBURSEMENTS Jan-Ol-IO West Law Research 81.60 Jan-I 3-10 Prints/Copies/Scans 0.60 Jan-31-10 Prints/Copies/Scans 74.20 Totals
$156.40
Invoice #: 7171 Page 8 Total Fee & Disbursements Previous Balance Previous Payments Balance Now Due TAXID Number 20-1943771 GED TWR BBS CNB CMP WFC TIMEKEEPER LIST Gerald E. Dahl Thad
W. Renaud B. Brittany Scantland Carmen N. Beery Christopher M. Price Winona Correa January 31, 2010 $13,952.40 7,891.68 7,891.68 $13,952.40 Senior Partner Partner Associate Associate
Associate Paralegal
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph:303-493-6670 Fax:303-477-0965 City of Wheat Ridge 7500 West 29th Ave. Wheat Ridge,
CO 80033 Attention: City Manager RE: 1-70 Dev. -Cabela's Matter#: Inv #: January 31, 2010 53027.17 7172 DATE DESCRIPTION ATTY RATE HOURS AMOUNT Jan-18-10 assemble current agreements/review
in preparation for 1/28 staff meeting review; respond to email correspondence Jan-19-10 Cabelas January 28 Meeting: Receive and respond to e-mail from Ra.ndy Young re notebooks needed
for the City; sort, label and bind 3 copies for the City and I for G. Dahl; prepare additional notebook for Tim Leonard; prepare table of contents of all documents. Totals DISBURSEMENTS
Jan-31-10 Prints/Copies/Scans Totals Total Fee & Disbursements Previous Balance Previous Payments Balance Now Dne GED $200.00 GED $200.00 WFC $68.00 192.30 $192.30 1.00 1.00 2.50 4.50
200.00 200.00 170.00 $570.00 $762.30 750.00 750.00 $762.30
Invoice #: 7172 TAX ID Number GED WFC Page 2 20-1943771 TIMEKEEPER LIST Gerald E. Dab! Winona Correa January 31, 2010 Senior Partner Paralegal
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph:303-493-6670 Fax:303-477-0965 City of Wheat Ridge ·7500 West 29th Ave. Wheat
Ridge, CO 80033 Attention: City Manager RE: Personnel & Litigation DATE DESCRIPTION Jan-05-10 Telephone call with client regarding Hoyt street abatement Begin review and research of
inquiry from G. Dahl concerning process required to evict a Section 8 tenant from property. Collins; office conference with P. Wilson re: status and moving forward on case. Code Enforcement:
Prepare new file for "Dangerous Condition" at 3900 Hoyt Street; update file with Return of Service, Notice and Order to Vacate. Jan-06-10 Telephone call with property owner adjacent
to Hoyt street address Review e-mail inquiry from 1. Schumacher regarding draft Notice and Order to correct or vacate for 3900 Hoyt Street (no utility service), review attached draft
Notice and Order and comments from G. Dahl, review WR Code Chapter 5 provisions regarding enforcement options for InternationallUniforrn Codes; draft and send e-mail to G. Dahl regarding
comments and opinion concerning method of enforcement to vacate premises if violations are not cured. ATTY OED BBS CMP WFC OED CNB Matter#: Inv #: RATE $165.00 $120.00 $110.00 $85.00
$165.00 $150.00 January 31, 2010 HOURS 1.00 1.00 0.25 0.15 0.50 1.50 53027.3 7173 AMOUNT 165.00 120.00 27.50 12.75 82.50 225.00
Invoice #: Jan-07-10 Jan-08-10 Jan-12-10 Jan-22-10 7173 Page 2 Continue review of inquiry regarding eviction of Section 8 tenant for building code violations; conference with G. Dahl
re: the same. Follow up with G. Dahl re: Section 8 building code violation inquiry. Notice of Claim re Paula Garcia: Draft letter to CIRSA endosingdaim letter from Garcia's attorney;
open new file re same. Collins Litigation: Organize file and update with pleadings received from Court. Totals DISBURSEMENTS Jan-Ol-IO West Law Research Totals Total Fee & Disbursements
Previous Balance Previous Payments Balance Now Due TAX ID Number 20-1943771 GED BBS CNB CMP WFC TIMEKEEPER LIST Gerald E. Dahl B. Brittany Scantland Carmen N. Beery Christopher M. Price
Winona Correa January 31, 2010 BBS $120.00 1.00 120.00 BBS $120.00 0.50 60.00 WFC $85.00 0.25 21.25 WFC $85.00 0.30 25.50 6.45 $859.50 29.47 $29.47 $888.97 3,930.60 3,930.60 $888.97
Senior Partner Associate Associate Associate Paralegal
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph:303-493-6670 Fax:303-477-0965 City of Wheat Ridge 7500 West 29th Ave; Wheat Ridge,
CO 80033 Attention: City Manager RE: Municipal Court DATE Jan-26-l0 Jan-27-10 Jan-28-10 TAX ID Number DESCRIPTION Telephone conference with municipal court re: file for Thursday's jury
trial; confer with B. Scantland re: same. Review court file in preparation for jury trial; prepare trial scripts and materials re: same; telephone conference with attorney for victim;
telephone conference with D. Snyder re: trial. Attend municipal court re: assault trial, interview victim and police officer, discuss case with D. Snyder; discuss case with opposing
counsel. Totals Total Fee & Disbursements Previous Balance Previous Payments Balance Now Due 20-1943771 CMP TIMEKEEPER LIST Christopher M. Price Matter #: Inv #: January 31, 2010 53027.2
7187 ATTYRATE HOURS AMOUNT CMP $110.00 0.50 55.00 CMP $110.00 3.00 330.00 CMP $110.00 3.75 412.50 7.25 $797.50 $797.50 2,564.00 2,564.00 $797.50 Associate
'" ~ " ~ -<~ City of • ?WheatRL-dge ITEM NO: -1-C I DATE: February 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO DENVER REGIONAL COUNCIL OF GOVERNMENTS
IN THE AMOUNT OF $18,720 FROM ACCOUNT #01-122-700-704 FOR 2010 CONTRACT ELEVATORIESCALATOR INSPECTIONS D PUBLIC HEARING [gj BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES
FOR 1 ST READING o ORDINANCES FOR 2ND READING q YES o NO All purchases over 15,000 shall be presented to the City Council for official decision and award. In a cooperative effort to
provide for independent elevator and escalator inspections by sharing inspector services, the City participates in the ElevatorlEscalator Safety Inspection Program through DRCOG (Denver
Regional Council of Governments). DRCOG coordinates the program and acts as an agent for the City. Certified, state-licensed inspectors are employed to provide comprehensive inspection
services on behalf of the City. PRIOR ACTION: The City entered into a contract with DRCOG most recently in October 2009 to perform semiannual safety inspections of all lift equipment
in the City of Wheat Ridge. The City has used this DRCOG inspection service for many years prior. FINANCIAL IMPACT: The invoice being recommended for payment is within the amount budgeted
by City Council in the 2010 budget adoption and is located in account #01-122-700-704. V:\Fonns\CAFtemplate
Council Action Form February 22, 2010 Page 2 BACKGROUND: DRCOG is under contract with the City to provide elevator/escalator inspection services during 2010 at $180 per unit. This cost
is reimbursed to the City by the property owner at $210 per unit. RECOMMENDATIONS: It is recommended that DRCOG be paid for the full amount of the invoice. RECOMMENDED MOTION: "I move
to approve payment to DRCOG in the amount of$18,720 from Account #01-122-700-704 for 2010 contract elevator/escalator inspections." Or, "I move to deny payment to DRCOG in the amount
of$18,720 for 2010 contract elevator/escalator inspections for the following reason(s) " REPORT PREPARED BY: Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Invoice
for 2010 ElevatorlEscalator Inspections
Denver ReQional Council of Governments 1290 Broadway Suite 700 Denver CO 80203-5606 DRC~G 303-455-1000 City of Wheat Ridge Mr. John SChumacher Chief Building Official 7500 W. 29th Avenue
Wheat Ridge CO 80033-8001 . Customer I D 0009 DRCOG Tax ID 84-6008451 2010 ElevatorlEscalator Dues 110 Units@$180 each = $19,800 2009 Additional Inspections -12 Units @$90 each = ($1,080)
Terms: Full amount due within 60 Days or 1/2 now and balance by 6/20110 ," .. Om!t Rtblml[;Ou~(H Of 6OHU~IM'l Invoice Number: SALES016006 Date: 111412010 $18,720.00 .' : . ;",,:_;'~iJ.
'~:" Subtotal ,;J>Misc \~~. >'. Tax $18,720.00 $0.00 $0.00 $0.00 $0,00 $0.00 White-Customer COpy Pink-Remittance Copy . FreiQht Trade Discount Payment Total Due ATTACHMENT 1 $18,720.00
TITLE: ITEM NO: ~.I)I DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 11-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL CONTRACT BUILDING INSPECTIONS RELATED TO DAMAGE FROM THE JULY 20, 2009 STORM TO CODE CONSULTANTS INTERNATIONAL IN THE AMOUNT OF
$20,000 D PUBLIC HEARING D BIDSIMOTIONS o RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES ~ NO ISSUE: The damage to structures and property from the July
20, 2009 storm was significant. Staff estimates that approximately 1,200 additional roofs will require replacement from storm damage. That figure is in addition to the 4,475 roof replacements
that had been preliminarily estimated. Each roof replacement requires a building permit and the City currently conducts a minimum of two, and on average three, building inspections for
each roof permit. Building division staff is able to perform the inspections for approximately 75% of this additional high volume of inspections. The balance of the inspections will
need to be done by our contract inspectors with Code Consultants International. Based on $30 per inspection, staff has estimated an additional cost for contract inspections of $20,000.
Resolution No. 11-2010 would approve a supplemental budget appropriation in the amount of $20,000. V:\Fonns\CAFtemplate
Council Action Form February 22, 2010 Page 2 PRIOR ACTION: City Council previously approved supplemental budget appropriations in the amount of$120,000 on August 24,2009 and $56,550
on December 14,2009. Those budget supplements were based on a preliminary estimate of 4,475 roofs that would need to be replaced. The number of roofs being replaced has and will continue
to exceed that preliminary estimate. The current estimate is that approximately 5,675 roofs will be replaced in total. FINANCIAL IMPACT: As noted, the approved 2010 General Fund Budget
did not include additional funds for storm related inspection volume. The amount budgeted covers our DRCOG elevator inspections and other miscellaneous contract inspections needed on
an annual basis to cover unexpected high volume and staff leave days. In addition to the previous storm-related, supplemental inspection budget, approved by City Council for $120,000
on August 24 and $56,550 on December 14, 2009, an additional supplemental budget appropriation is requested in the amount of $20,000. There are adequate funds in the unreserved fund
balance of the General Fund to meet this request. BACKGROUND: The storm event that occurred the evening of July 20, 2009 caused significant damage to numerous buildings in the City.
Much of that storm-related damage requires property owners to obtain building permits to perform the corrective work. Roofs in particular have seen significant amounts of damage. Staff
estimates approximately 1,200 additional roofs will require replacement. Each of those roof replacements will require a building permit and each roof permit will require a minimum of
two, and on average three, building inspections. This results in approximately 3,000 additional building inspections. City staff is only partially able to meet the additional demand
created for these roof inspections. Staff estimates that we can perform approximately 75% of those 3,000 additional inspections. The City has an existing contract for on-call inspection
services with Code Consultants International (CCI). The contract cost per inspection is $30 to the City. Based on 750 inspections, total additional contract inspection services would
increase by $22,500. We have approximately $2,250 in remaining contract inspection funds. That leaves $20,000 in additional expenses beyond what was budgeted in the 2009 general fund.
RECOMMENDATIONS: Staff is recommending approval of the supplemental budget appropriation in order to maintain the same level of customer service in building inspection services, including
next day inspections. If the supplemental appropriation were not approved, next day inspections would likely have to be discontinued and mid-roof inspections would also likely need to
be discontinued.
Council Action Form February 22, 2010 Page 3 RECOMMENDED MOTION: "I move to approve Resolution No. 11-2010 -A resolution amending the Fiscal Year 2010 General Fund Budget to reflect
the approval of a supplemental budget appropriation for contract building inspection services to Code Consultants International in the amount of $20,000." Or, "I move to postpone indefinitely
Resolution No. 11-2010 -A resolution amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation for contract building inspection
services to Code Consultants International in the amount of $20,000, for the following reason(s), _____________________ " REPORT PREPARED BY: John Schumacher, Chief Building Official
Ken Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 11-2010
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11 Series 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
FOR ADDITIONAL CONTRACT BUILDING INSPECTIONS RELATED TO DAMAGE FROM THE JULY 20, 2009 STORM TO CODE CONSULTANTS INTERNATIONAL IN THE AMOUNT OF $20,000 WHEREAS, the weather event on the
evening of July 20, 2009 resulted in significant damage to numerous buildings in the City of Wheat Ridge; and WHEREAS, the repair to the damaged buildings necessitates property owners
receive building permits and said building permits require the City to perform specific building inspections to verify compliance with applicable municipal code requirements for construction;
and WHEREAS, roofs in particular currently require a minimum of two, and on average three, inspections and the City estimates approximately 1,200 additional roofs may need to be replaced,
resulting in a need for approximately 3,000 inspections; and WHEREAS, the City estimates it can perform approximately 75% of those inspections with existing City staff, resulting in
a need for approximately 750 contract inspections, each costing $30 based on our existing contract with Code Consultants International. NOW THEREFORE BE IT RESOLVED by the City Council
of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2010 General Fund Budget be amended accordingly, specifically transferring a total of $20,000
from General Fund unreserved fund balance into account # 01-122-700-704 (Building Division Contractual Services). DONE AND RESOLVED THIS 22nd Day of February 2010. Jerry DiTullio, Mayor
ATTEST: Michael Snow, City Clerk ATTACHMENT 1
'" \,. A. .( ~<~ City of • pWheatRL-dge ITEM NO: Q" DATE: February 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL RESOLUTION NO. 13-2010 -A RESOLUTION CONSIDERING A SPECIAL USE
PERMIT TO ALLOW A DAYCARE FOR UP TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-l) ZONE DISTRICT [2J PUBLIC HEARING D BIDSIMOTIONS [2J RESOLUTIONS QUASI-JUDICIAL:
ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING [2J YES D NO Wellspring Bible Church located at 3010 Newland St. is requesting approval of a daycare center that is not
associated with the church to be located within the current building on the property. The daycare is proposed to have up to 60 children when it is at full capacity. The property is zoned
R -1 and churches are allowed through approval of a special use permit, pursuant to code section 26-114. Expansions or significant modifications to churches in this zoning district require
consideration as a special use permit.. Special use permit applications begin as an administratively reviewed land use application. If objections are received during the public comment
period, a public hearing before City Council is required. City Council can approve, approve with conditions, or deny the application, based on consideration of evidence presented at
the public hearing and with due consideration of the criteria for review. Objections to the application have been received and are attached to the council action form. PRIOR ACTION:
There has been no prior action on this request as it began as an administrative process and has been forwarded to City Council as the result of neighborhood objections. The church existed
prior to the City establishing the zoning requirement for churches to be approved through the special use permit process. An unrelated land use case was processed for this property and
SUP-09-03/Wellspring Bible Church
Council Action Form February 22, 2010 Page 2 approved administratively in March of 2008. That request was for a special use permit to construct an addition to the gymnasium building
for a caretaker's apartment. The property owner has not to date constructed the improvements approved through that administrative special use permit. FINANCIAL IMPACT: Since a daycare
is a service, the City of Wheat Ridge does not receive any sales tax from the use. One time fees for the special use permit were submitted with the application. BACKGROUND: Property
Description: The property is 52,658 square feet or 1.21 acres in size and is a comer lot with Newland St. on the west and W. 30th Ave on the south. There are two existing buildings on
the site. The primary structure is located on the northwest comer of the property. It is a twostory, concrete block and brick building. This structure contains the sanctuary for the
church along with meeting/class rooms, offices, and other space used by the congregation. The structure is approximately 13,928 square feet on two stories with each story having 6,964
square feet. The second structure on the property is located to the east ofthe primary structure. This building is used as the gymnasium and fellowship hall for the church. This structure
has a footprint of 4,467 square feet. Code Analysis: The applicants are proposing to open a daycare center not associated with the church within the primary structure on the lot. The
daycare would be open to the general public, as a business endeavor. Section 26-604 of the code of laws establishes the list of permitted and special uses. Uses not listed in the table
are not permitted. In residential zone districts, limited "home day care" is allowed with approval of a special use. "Day care centers", as being proposed here, are not permitted ..
"Day care centers" are generally allowed in commercial zoning districts. The table of permitted uses in residential zone districts also includes a section discussing "accessory uses
in residential zone districts". There is a note regarding churches, which states that day care centers are allowed as an ancillary use to the church. Staff is interpreting this provision
to mean that a church can have a day care operation that supports their parishioners, in the course of attending other functions at the church. The basis for that determination is the
fact that "day care centers" as a stand alone use are specifically not allowed in residential zone districts. An alternative interpretation of the code language could allow a church
to operate a day care center that is open to the public by reading the language regarding accessory uses in a broader manner. Based on the two manners in which this language can be interpreted,
staff has allowed the applicant to apply for and be considered through the special use permit review process. Operational Description: The proposed daycare is proposed to offer services
to infant through school aged children and as a result, some interior modifications may be required depending on the current building codes and the regulations that are required by the
State of Colorado, Department of Human Services. The day care will operate five or six classrooms in the building with approximately 10 children in each room, to a maximum of 60 children.
Each room would
Council Action Form February 22, 2010 Page 3 be set up for different age groups. In order to meet the state requirements of children per teacher ratio and room size a staff of five to
seven persons will be required. Substantial impacts may be created by the proposed use, greater than what is currently allowed. The current zoning on the property and the zoning of the
surrounding properties allow for single and two family residential structures. Daycare facilities are allowed in homes in the residential zone districts but have a limit of up to 12
children approved as a special use. Churches on the other hand are allowed only by special use and daycare centers are not allowed at all in the residential zone district. While the
church may have a fairly substantial impact on the neighborhood once a week, it generally creates less of an impact throughout the week than what would be created by a daycare center.
With up to 60 children a day there is the potential of having an additional 120 vehicle trips per day on the neighborhood streets that were not there before. RECOMMENDATIONS: Staff has
concluded that the proposed request for a daycare center for up to 60 children in a residential zone district could have a substantial impact to the surrounding neighborhood. As discussed
previously, staff believes that the intent of the code, is not to allow "day care centers" such as this in residential zone districts. In the event City Council determines that this
type of day care center could be allowed in this residential zone district as an accessory to a church use, it would be considered an expansion of a special use requiring review and
approval by City Council after conducting a public hearing. City Council would need to find the application to be substantially compliant with the special use criteria. Staff has provided
an analysis of the special use criteria in the attached staff report. Staff is recommending denial of the special use for the following reasons: I. The applicant is requesting a child
care facility that is not associated or ancillary to the church use. 2. Stand-alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use may
create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The request may negatively
impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due
to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. S. There
were objections regarding the request during the 10-day posting period. RECOMMENDED MOTION: "I move to adopt Council Resolution No.13-2010. case number SUP-09-03, a resolution denying
a special use permit application requesting approval of a daycare center for up to 60 children for the following reasons:
Council Action Form February 22,2010 Page 4 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers
in any residential zone district are prohibited by City Code. 3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could
be a significant impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety
and convenience of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity
of the use on the property as the church currently is unused during the day. 8. There were objections regarding the request during the lO-day posting period." Or, "I move to approve
case number SUP-09-03, approving a special use permit to allow a daycare for up to 60 children as an ancillary use to a church in a residential-one (R-l) zone district for the following
reasons: -----::--cc:----::------:--,---.,-,---:----:-------:-,--,-,--:-:----and direct staff to prepare findings of approval to be considered at the next available City Council meeting."
REPORT PREPARED BY: Adam Tietz, Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Resolution No. 13-2010 2. Staff Report with Exhibits
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2010 A RESOLUTION DENYING A SPECIAL USE PERMIT TO ALLOW A DAYCARE FOR UP TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH
IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICTSUP 09-03 -WELLSPRING BIBLE CHURCH WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review
and approval of Special Use Permits; and WHEREAS, an application for a Special Use Permit has been received from Steve Gay and Kelly Hagan for approval a daycare center at property located
at 3010 Newland Street and zoned residential-one (R-1); and WHEREAS, the request for the Special Use Permit began as an administrative process which registered 4 written objections during
the 10-day posting and notification period; and WHEREAS, the Community Development Director denied an administrative decision for the application pursuant to Chapter 26, Section 114(E);
and WHEREAS, the request has been forwarded to City Council to be heard at a public hearing; and WHEREAS, notice of the City Council public hearing was properly published in the Wheat
Ridge Transcript on February 4,2010. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A SPECIAL USE PERMIT TO ALLOW A DAYCARE FOR UP
TO 60 CHILDREN AS AN ANCILLARY USE TO A CHURCH IN A RESIDENTIAL-ONE (R-1) ZONE DISTRICT IS HEREBY DENIED, FOR THE FOLLOWING REASONS 1. The applicant is requesting a child care facility
that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any residential zone district are prohibited by City Code. 3. The special use would create adverse
impacts greater than allowed under existing zoning for the property. 4. There would be a significant impact to adjacent property owners. 5. The request would negatively impact the character
and residential nature of the neighborhood. 6. The request compromises the safety and convenience of the people in the area already using the adjacent streets due to an increase of of
vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused during the day. ATTACHMENT 1
8. There were objections regarding the request during the 1 O-day posting period. DONE AND RESOLVED THIS 22nd day of February 2010. Jerry DiTullio, Mayor ATIEST: Michael D. Snow, City
Clerk
,,~J..( ~ ~ City of ?WheatRl,dge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council CASE MANAGER: Adam Tietz CASE NO. & NAME: SUP-09-03/Wellspring Bible Church DATE:
February 8, 2010 ACTION REQUESTED: Approval of Special Use Permit to allow a daycare center as ancillary use to a church for up to 60 children in an R-I zone district. LOCATION OF REQUEST:
3010 Newland st. APPLICANT (S): Steve Gay, Church Pastor Kelly Hagan, Daycare Center Director OWNER (S): Wellspring Bible Church APPROXIMATE AREA: 52,658 square feet (1.21 acres) PRESENT
ZONING: R -I, Residential One PRESENT LAND USE: Church and Gymnasium COMPREHENSIVE PLAN: Established Neighborhood ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION
REGULATIONS Location Map Site Case No. SUP-09-03/Weillspl:ing (X) (X) DIGITAL PRESENTATION CASE FILE ATTACHMENT 2 1
All notification and posting requirements have been met; therefore, an administrative decision may be made. I. REQUEST Case No. SUP-09-03 is an application by Steve Gay and Kelly Hagan
requesting approval of a Special Use Permit to allow an expansion of a use by a church to allow for a large, child daycare facility on property zoned R-Ilocated at 3010 Newland St. The
R-l zone district allows for churches and their ancillary uses that operate within the church as special uses. Pursuant to Ordinance No. 1291, the Community Development Director has
the ability to decide upon applications for administrative special use approval, without a public hearing, provided the following conditions have been met: 1. A completed application
package has been submitted and fee paid. 2. The Community Development Department has notified adjacent property owners by letter and the site has been posted for at least ten (10) days.
3. No written objections have been received in such ten day period. 4. The Community Development Director concludes that the criteria for approval, as set forth below, are substantially
complied with and support the request. Should the Community Development Director find that any of the preceding conditions are not met; the request shall be forwarded to City Council
for their review and a decision on the request at a public hearing. The noticing for this special use has resulted in four letters of objection from surrounding property owners, (Exhibits
lcj.1;Eege{sidfQ1:Jj~(;ii()~) to which the Community Development Director has scheduled it to be heard at a City Council public hearing. City Council can impose conditions or stipulations
upon the approval, which may include physical design, operational, and maintenance considerations to ensure compliance with the criteria for review. City Council shall also decide the
following: 1. Whether the SUP runs with the land in perpetuity 2. Whether the SUP is personal to the applicant and mayor may not be inherited; and/or, 3. Whether the SUP is granted only
for a defined period, after which time the special use shall expire unless renewed subject to all of the requirements of this section. II. CASE ANALYSIS The property is 52,658 square
feet or 1.21 acres in size and is a comer lot with Newland St. on the west and W. 30th Ave on the south. There aretwoexi~til.l~buil~i1l~s.0I.l!he~it~.The Eri~ary structure is located
on the northwest corner of the property W1~IjIjji~?~;il.!~i;l:[~Jl'ii:~1iH.i.i{g¥jl$li~ki{Ij~EMtliitfzj. It is a two story, concrete block and brick building. This structure contains
the sanctuary for the church along with meeting/class rooms, offices, and other space used by the congregation. The structure is approximately 13,928 square feet on two stories with
each story having 6,964 square feet. The second structure on the property is located to the east of the primary structure. This building is used as the gymnasium and fellowship hall
for the church. This structure has a footprint of 4,467 square feet. There is a large gravel parking lot that surrounds surrounds the church. Since the lot is gravel and cannot be striped
it is unknown how many parking spots are actually accommodated on the site. Typically, parking assigned for a church based on the seating occupancy of the sanctuary. Any ancillary uses
do not require additional parking as Case No. SUP-09-03/Wellspring Bible Church 2
they typically can be accommodated in the parking that is provided and because the parking is only needed during "off-hour" operations. The lot on which the structures are located is
long, narrow and irregularly shaped. The lot also slopes from west to east. At one point the home directly to the southeast side of property was the parsonage for this church but a new
lot was created for the home through a subdivision and the home was sold off from the church property. The "arm" that extends from the lot with the home had to be included in the subdivision
plat as the tap for the home's water is in this location. Both the church and the home are zoned R-I in neighborhood that is primarily zoned R-2 with single family homes. Churches are
only allowed through the Special Use Permit process in all residential zone districts. Special uses are discretionary uses which, if properly designed, developed, operated and maintained,
should have little to no effect on the property or area of the request. The primary issues related to the impacts of Special Uses are those related to the design and operations which
may have potential detrimental impacts on surrounding land uses, the street system, or public services or facilities because the church is expanding their operation to allow a daycare,
a special use permit is required. The church has one weekly service and a subsequent educationallBible study hour following. On any given Sunday the church will have up to 200 people
in attendance. This number typically includes up to 70 children that are in attendance for Sunday School. The traffic and parking created by Sunday services may have significant impacts
on the surrounding neighborhood but are fairly localized to a time and location. In addition to the Sunday service and Bible study hour, the church has other happenings during the week
that include Bible studies, scout meetings, church group meetings, and other meetings associated with the church. However, the building is not as used by as many people and its use spread
over over time and therefore may eliminate some parking and traffic concerns. The applicants are proposing to run a daycare center not associated with the church from the main structure
on the lot (Exhfbi(Z;;Appli[;ant,.¢quesf). This use mayor may not be ancillary to the church use. If it is not ancillary to the church use that is used for children while their parents
attend church services stand alone daycare centers are not allowed in residential zone districts. In-home daycares are the only type of daycare allowed in residential zone districts.
However they are limited to a maximum of 12 children The daycare will offer services to infant through school aged children and as a result, some interior modifications may be required
depending on the current building codes and the regulations that are required by the State of Colorado, Department of Human Services, the department that regulates daycares. The day
care will operate out of 5-6 classrooms in the building with approximately 10 children in each room to have a maximum of 60 children. Each room will be set up for different age groups.
In order to meet the state requirements of children per teacher ratio and room size there will be required to be a staff of 5-7 people. The applicants have indicated that there has previously
been a daycare run from this location that accommodated up to 90 children. Upon inspection of building permits, business licenses, and land use cases, other than a sign permit, there
was no other record of the daycare. No exterior modifications to either of the buildings are proposed as a part ofthis request (Exhibit.8,SitePlan). However, two outdoor areas will be
used for play/recreation areas for the children. One area is located directly to the east ofthe building which houses the gymnasium (Exhibit9,Site1'hotds). The second area is located
between the gymnasium building and main structure and then extends to west between the northern side of the building and the northern property line (j;;Xh~bitjiJ,isiieil'lzpt()s).. Currently
there are no play structures located in either of these areas and it is unknown if any are proposed. The areas immediately adjacent to the two play areas do have single family residential
units on them. The homes would be within 50-60 feet of where the play areas would be located. Case No. SUP-09-03/Wellspring Bible Church 3
III. SPECIAL USE PERMIT CRITERIA Staff has the following criteria to evaluate special use permit requests and shall determine that the majority of the "criteria for review" listed in
Section 26-114.D of the City Code have been met. The applicant has provided their analysis of the applications compliance with the variance criteria (Exhibitl1). Staff provides the following
review and analysis ofthe special use criteria: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or
working in the neighborhood. The proposed special use will not affect the health or welfare of any person working or residing in the area. However, both the safety and convenience of
people living and working in the area may be compromised. The surrounding uses are residential in nature and there is nothing in the proposed request that would change or alter the health
or welfare of people in the area. The introduction of a daycare could increase traffic and congestion on the streets of an area that have very little traffic. With a day care that operates
5 days a week there would be a much greater impact on the streets then there is with one Sunday service. With up to 60 children a day there is the potential of having an additional 120
vehicle trips per day on the neighborhood streets that were not there before. The introduction of this many vehicle trips in an otherwise residential neighborhood could hinder the convenience
and decrease the safety on the streets. Staff finds this criterion has not been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical
or operational characteristics. The property is developed and currently does not contribute to blight in the neighborhood. There will be no proposed exterior modifications to either
of the buildings on the property or to the site that would contribute to the creation of blight. The proposed use will likely result in the decrease of any blight that might take place
place on the property as the addition will be used by a person who will maintain and keep up the property. Staff finds this criterion has been met. 3. The special use will not create
adverse impacts greater than allowed under existing zoning for the property. Substantial impacts may be created by the proposed use than what is currently allowed. The current zoning
on the property and the zoning of the surrounding properties allow for single and two family residential structures. Daycares are allowed in homes in the residential zone districts but
have a limit of up to 12 children approved as a special use. Churches on the other hand are allowed only by special use and daycare centers are not allowed at all in the residential
zone district. While the church may have a fairly substantial impact on the neighborhood once a week, it creates less of an impact throughout the week then what would be created by a
daycare center. Case No. SUP-09-03/Wellspring Bible Church 4
In addition to increased traffic, noise could also have a fairly significant impact on the neighbors that are immediately adjacent to where the play areas will be located. Staff finds
this criterion has not been met. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts
to the detriment of persons whether on or off the site. The use could create undue traffic congestion and hazards. The average daily trips generated from the expansion will be significantly
more trips then those generated from a church that is currently essentially unused during a typical weekday. Staff finds this criterion has not been met. 5. The property is appropriately
designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood,
especially with adjacent properties. The property is currently fully developed and with with no buildings being proposed therefore the light and air to surrounding properties will not
be affected by the request. The amount of impervious surfaces is not being increased and no grading will be done so site drainage will also remain the same. However, the adjacent properties,
especially those to the north could experience an impact from the proposed special use. Noise coming from the property could significantly increase to the point where it becomes a hindrance
to those adjacent property owners. If the play areas were not directly adjacent to residential units the impacts would not be as great. Staff finds this criterion has not been met. 6.
The special use will not over burden the capacities of the existing streets, utilities, parks, schools, and other public facilities and services. Parks and schools will not be negatively
impacted. Other utility agencies are already serving the property and should see no increase in usage. Any improvements required by the utility companies must be completed during the
building permit process. The existing network of streets has the ability to handle the capacity of the existing low volume traffic generated by the uses in the neighborhood. Even with
an increase of traffic generated by this use streets should still have the ability to handle the traffic without overburdening the facilities. Staff fmds this criterion has been met.
7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. The applicant and the
property have no history of code violations. Case No. SUP-09-03/Wellspring Bible Church 5
Staff finds this criterion has been met. 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. There are
no new buildings or additions being added to the property as a part of this request. Should the applicant propose a new addition at a later time, it will be required to be in conformance
with the Architectural and Site Design Manual. Any new addition is required to be reviewed and approved by the Architectural Review Committee. A new Special Use Permit would also be
required. Staff finds this criterion is not applicable. IV. NEIGHBORHOOD METING Prior to submittal of an application for a special use, the applicant is required to hold a neighborhood
meeting in accordance with the requirements set in City Code, Section 26·1 09A. A meeting for neighborhood input was held on December 8, 2009 in accordance with Section 26-1 09A. There
was one attendee in addition to the applicant and staff (Exhibit 12, NeighborhoodMeetingMinutes). V. AGENCY REFERRAL Due to the nature of the request there the request was put on a limited
referral. Of the agencies on referral two provided the following responses: Public Works: No concerns or comments regarding the request. Wheat Ridge Fire: Interior modifications may
be required to address the potential change in use All other responding agencies have indicated they have no issues with the expansion and that they have the ability to serve the property.
VI. ADDITIONAL INFORMATION The applicant has received and submitted 6 letters of support from surrounding property owners. They are attached as (Exhibits 13). VII. STAFF RECOMMENDATIONSIFINDINGS
OF FACT Having found the application for Case No. SUP 09-03/Wellspring Bible Church, Approval of Special Use Permit to allow a daycare center as ancillary use to a church for up to 60
children in an R-l zone district, to be not in compliance with the majority of the applicable review criteria, therefore, staff recommends DENIAL of the special use request. Staff recommends
DENIAL for the following findings off act: 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers
in any residential zone district are prohibited by City Code. Case No. SUP-09-03/Wellspring Bible Church 6
3. The special use may create adverse impacts greater than allowed under existing zoning for the property. 4. There could be a significant impact to adjacent property owners. 5. The
request may negatively impact the character and residential nature of the neighborhood. 6. The request compromise the safety and convenience ofthe people in the area already using the
adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the property as the church currently is unused
during the day. 8. There were objections regarding the request during the 10-day posting period. Case No. SUP-09-03/Wellspring Bible Church 7
Objectionl 5 pecial Use Perrnft C ase# SUP-Q9-Q3.htm From: Kurt Snyder [kurtsny@yahoo.com] Sent: Tuesday, January 19, 2010 4:11 PM To: Adam Tietz Subject: Special Use Pennit Case# SUP-09-03
Adam Thank you for returning my call. I'm writing to you regarding an SUP fur a daycare center to be located at 3010 Newland Street. 2/9110 B:4B AM I am definitely not in fuvor of the
noise, traffic, and reduced property value that a daycare center would bring . Tbe Gmce fulks bad a daycare at the site in the 1997 and it was traffic, noise and problems thOIl The addition
of daycare to the worship services would mean the site could potentially be active 7 days a week. There are other options in the vicinity fur daycare. I'll Drop a copy of this offat
the City offices befure Friday. Thanks, Kurt Snyder 6530 West 30th Ave. 303.233.6341 file:/lflJ :/su P'sjS U P-09-Q3% 20Wellsrping% 20Bible% 20Church% 20J01 0% .. .5tjO bjectlonl % 20Special%
20Use% 20Pennit% 20C(lse% 23% 20SU P-09-QJ.htm P(lge 1 of 1
CERTIFIED MAIL January 21, 2010 Tl'~-\.-z.--Adam Tie,l'lanner City of Wheat Ridge Community Development City of Wheat Ridge Municipal Building 7500 W, 29th Avenue Wheat Ridge, CO 80033-8001
Dear Mr, Tiej-z. Subject: Case No. SUP-09-03 I have just heard about this case, Case No, SUP-09-03, from my next-door neighbor this evening, I do not believe that we were notified of
this possible upcoming change in our neighborhood. Our home is located less than 200 feet from the location where the childcare center is being planned, I,Heather VanDeburgh, and my
husband, Benjamin VanDeburgh, are not comfortable with this change in our neighborhood, We have just started our family and we enjoy our neighborhood, as itis, quiet and for the most
part peaceful. We would not like to see the traffic caused by the childcare center on our street. Our son is 2 years old and dearly enjoys riding his bike down the street to the park.
I can't imagine what traffic would be like when there is 60 children being dropped off and picked up up from the proposed child care center, Even though there are two speed bumps between
29th Avenue and 32nd Avenue on Newland Street, cars still fly by, Also the lighting on our street is very limited, Please take into consideration our concerns for this possible upcoming
event If you have any questions, please do not hesitate to caII my husband or myself at (303) 202-3677. Thank you for your consideration, Heather VanDeburgh 2998 Newland Street Wheat
Ridge, CO 80214 Benjamin VanDehurgh ! i I I I I
Adam Tie +<:-Wheat Ridge City Planner Re: Permit for day care at 3010 Newland St. Case # SUP-09-03 Glenn Baaso 3000 Newland St. Wheat Ridge, CO 80214 CONCERNS: There have been day care
centers at the church in the past. As a result of high traffic in the neighborhood we have had a lot of car vandalism. That has died down without a day care at the church. We also have
had people park in front of our house blocking our driveway. The area is littered with trash that we have to pick up. With 60 kids in day care there would be too much traffic for this
small quite neighborhood. Also there is a big mean violet dog at the house behind us that jumps on our fence trying to attack. We have had to prop up the fence because of the dog. It
barks a lot during the day, and with 60 kids making noise, it would surely bark even more. If that dog got out it could kill a child easily. We would like to keep our neighborhood as
peaceful, quite and safe. This is an old neighborhood and older people live in the area. This is no place for a large child care center. Thank you, ~ t7~ ')JMCA DCA~ Glenn Baaso
From: Noah <noah.kaufman@gmail.com> Date: Tue, Jan 19,2010 at 10:14 AM Subject: SUP-09-03 Comments To: Khbeny26@hotmail.com, davisbreinhart@comcast.nct Hello Concilmembers Berry and
Reinhart: As a resident of District I, I'm writing this e-mail to express my concerns about SUP-09-03, which is for a day care facility/business to be housed in the church that sits
directly across the street from my home (6550 W 30th Ave). Generally speaking, I believe the church does an adequate job at regulating traffic and parking though currently its only of
concern on Sundays. While adding a daycare facility will not likely have an impact on parking, it will potentially add twice-daily surges of traffic through what are nonnally quiet neighborhood
streets with little thru-traffic. I can easily picture a scenario where numerous parents are sitting in their idling cars waiting to drop-off or pickup their kids from the daycare center,
further detracting from the current character of the neighborhood. To be frank, there's a reason this area is zoned R-I and R-IC and its certainly not so a church or any other entity
can run a business. If the church were located on one of main thoroughfares such as 29th Ave. or 32nd Ave. then it would make perfect sense to run a daycare facility, however this is
a residential area and the expectation is that business are located in other zones. Now, having said all this, I want to make my position clear. The church is generally a good neighbor
and I respect what they hope to accomplish here. If you have any sway over the conditions under which they're allowed to open a daycare facility here's what I ask you insist on: -No
more than 30 children to be allowed at the facility for the purposes of daycare. 60 will result in far too much added traffic for the neighborhood -Assurances from the church that they
have a system in place such that parents will be able to promptly drop-off and pickup their kids without having to sit around waiting and idling in their cars. If that means hiring someone
to direct traffic 2x daily, then so be it. -A 'no idling policy' while waiting to pickup or drop-off children. Last thing anyone needs is a bunch of cars sitting there idling and polluting
the air. -No honking. In this age of cell phones, PC's, the Internet, GPS, etc. there's really no reason to sit in your car and honk to get someone's attention (unless its some sort
of emergency). Worst case, get out of the car and walk. So again, if you have any input into the Special Use pennitting process, I ask that you please consider what I'm requesting. Thanks
for your time.
S lIRIHXll 03440
October 9, 2009 To Whom It May Concern, Wellspring Bible Church, Mr. Steve Gay, pastor and Ms. Kelly Hagan, licensed child care director are looking to reestablish a small high quality,
secular public child care facility at 3010 Newland Street in the city of Wheat Ridge called Wellspring Learning Center, an Early Childhood Training and Daycare Center. Currently the
facility can only be licensed for 12 children due to the R-I zoning permit and we are asking for a Special Use Permit for a larger number of children, Quality child care is a much needed
service to working families in the surrounding Wheat Ridge area. We plan to provide a high quality early childhood program that is also affordable to families and open to all the community.
Ms. Hagan will be operating the program in collaboration with Wellspring Bible Church. She has over 30 years in the early childhood industry and understands what it takes to provide
quality care to children. She is dedicated to excellence in the delivery of this service. The Wellspring Bible Church can easily service the needs of children without any t---additional
expense or changes to the existing facility. The Church already has an enrollment or around 70 children each Sunday, and other children activities during the ~ week are offered. A child
care program operated out of the church 7 years ago and the ~ enrollment was around 90 children. This confirms the need, capacity of the facility; ~ neighborhood acceptance and recent
studies would show the demographics of the area to = have even higher demand. ~ A couple of recent articles in the Denver Post (3/09 and 4/09) reported many significant ~ demographic
changes occurring in the Wheat Ridge/Denver area that support our request for providing more child care options. The census information has concluded that an increase in the birth rate
for this demographic section of Wheat Ridge has increased by 20% from 2000 to 2007. This census information is directly related to young working families moving into the Wheat Ridge
area and eventually looking for quality child care choices for their children. Parents typically want child care close to their home for convenience and our center would be another option
to them. Another recent article (10/7/09) in the Denver Post reported tax shortfalls for early childhood education in Colorado are coming. This will mean many low income families will
be denied child care assistance dollars because they are simply not available anymore. What will those families do? . Our research has found that many child care competitors in the area
offer minimal services and their fees are unaffordable to many families. Because of the collaboration with Wellspring Bible Church we will be able to charge affordable tuition and therefore
help families in the community with their child care needs. We are also planning on offering child care assistance options and the Church will be sponsoring a scholarship for several
students each year. There is a shortage of quality early childhood care in the
Wheat Ridge area. It is difficult for parents to go back to work and become successful without the support and access to high quality learning experiences for their children. We have
attached our fee schedule in comparison to the surrounding competitors in the Wheat Ridge area. While we are confident we can still make a marginal profit, it is more important for us
to provide high quality affordable child care services to the Wheat Ridge community for as many children as possible. We have also attached some facts from a 2008 report from the Colorado
Children's Campaign. We feel these statistics are in direct correlation to helping us achieve our goals of providing quality care. We are asking to increase this capacity utilization
to 60 children in order to better service this community. The reason for the number is as follows: 1) The greatest area of need is in four distinct categories: infants, toddlers, preschool
and school age children. 2) In order to do so, and meet the state requirements of children per teacher, room size, group size, etc., teaching quality, economic efficiencies at least
5-6 rooms are needed. 3) Assuming we offer services in each of these categories, then we would have an average of 10 children per room, or 60 maximum total. 4) The fixed costs of materials,
improvements, staff needed to run 60 children will allow the center to pass on the lower costs and lower group sizes to the parents. With only 48 children, this becomes very difficult.
Tentative Classroom Plans: Classroom 1 Classroom 2 Classroom 3 Classroom 4 Classroom 5 Infants 1:4 ratio Toddlers 1:4 ratio Preschool 1:7 ratio Preschool 1: 10 ratio School Age 1:15
ratio Group size capacity 8 Group size capacity 8 Group size capacity 14 Group size capacity 10 Group size capacity 15 In conclusion, we believe providing and investing in high quality
early childhood programs is the best thing a community can do if they want to help close the achievement gaps in schools. Huge performance gaps on state assessments between low income
students and their wealthier peers continue to grow in Colorado. The data is very clear that these gaps can be minimized when all children have opportunities to attend high quality early
childhood programs and are then, prepared to successfully enter elementary school. (Denver Post Editorial 10/6/09) Sincerely, Steve Gay Pastor Kelly Hagan, Director
. \ ~. -... -.---.. _ .. "i;' \ _.~ NORl'~ LINE SW1J4-8ASE OJ:! BEARING • 8 .LIHIHX'JI ~CITY [' Z<C>INlG!lrD> ll'a-& 0... <C> INl <I.lil °e $ aJ). is! It!> 0 '¥? 0 a 0 0 INl .I I I I
1 I I SET 1.0'1 UI !.CT t!ll· I LO'il' 11' loOT 1~ \ , \ I : '5REBAR 8< CAP IN 89-4'1 ;1-56 ..... E f . i 400_00· f 1I1.S \01t711 I r 8' UTl~ITY & DRAINAGS EASEMENT '. , , ... --" --------.----------
-I •(I I I • >/I ! . , N GYMNASIUM \ LOT 1~ I i ---~ -.--. --1 .... ... ~ • co ~ "co >-' "-'c"o co '" ..... (]1 co co CD ""w"" cD w w ('"]""1 ? 1!1 ?:I 1{ ;. .,. 1/1 N. 139'·41 1.ssu
E \ ( ~ ~ i ~ i ~ F 5 " ,".:. ". ''"" II' ~ ;.. .. ... ·• ... . ~ .. 1/1 I, ., g '. ... .~. I I , 0 , CI , I, Z t 1 . . . , 0 • • : \ ~. S· 05";9'11"'£ ,· . ~~4.'1,04: J••· . E7/. SeT
¥SRE8AR 8< CAP ~ j" ~'LS unn" i~O" --IN lNQ/.. OHURCH 2t1~3S· \. S 894 . . ~---. --.-~ ... -.~-.--.. -,-.--~-~~---"~-=---'" ... ----.~-'-._--.... ~ .. --.---:!j:CINl\ll!1C> U'Il.-'il
I . 0...011' -0 '" ~. 52401 sa. FT. !.?. ~ • III ~, z INGRESS EeRE~S EASEMENT' SEE NOTE 5 N 0.0""1814711 W . N S"g.0-41 ~13." E . 1• •g O· ""-i . 0-7Q.Ga~ I 4"1-'13·· VI T. 4.00~OO·
' . -. . 'WIl!£SIlT :l!l1IDVIHl~ &<>. '¥?lE1Nl1lJl1lE .-.'--"._--. ---.-.----------~----... ---.-----.. -----.-" I' ·25.(>0' r -.--<!<:<Cl£NJ!li!t1D> 1J<l~-o:O ,. "'"! ."'"' '.". .0.1
......." ._-....... I ~ I I I ;1 , ,(I.) o o LII i.I. ~ ~ ~ ~ ~ -fg ~;
Area between main structure and northern property line looking west Area between the two buildings looking south ) Area between main structure and northern property line looking east
Area between buildings looking north
December 14,2009 To: City of Wheat Ridge Staff: Wellspring Bible Church is proposing a special use permit on the church property located at 3010 Newland Street, Wheat Ridge, CO 80124.
We have addressed the following eight criteria and believe they are met, according to the application process. I. This additional program will not adversely affect the general health,
welfare, safety and convenience of persons residing or working in the neighborhood. In fact, implementing the learning program will improve many of these factors, especially in the areas
of child care licensing, fire code improvements and health department regulations and expectations. 2. There will be no physical or dramatic operational characteristic changes occurring
to the building. The child care program will be offered in a convenient and near by respected facility for families, close to their home. This will not affect or contribute to blight
in the neighborhood. In fact it will improve the conditions and options for families in the neighborhood who have struggled in the past with finding affordable, high quality care for
their children. 3. The special use will not create adverse impacts than already existing zoning. The church already has a membership of over 150 members each Sunday and there are many
events
and activities that take place during the week and evenings that currently do not impact the neighborhood. Adding visits of smaller variety at other times should not be detrimental.
4. The small amount of additional traffic will not cause undue congestion or hazards since there is currently more than adequate parking and loading zones on the property. Families will
be arriving and departing from the center in varied increments throughout the day. Families will typically be parked for only a matter of 5-10 minutes during drop off and pick up times.
5. N/A -No extemallandscaping will be affected with this special use permit. 6. This special use will not impact the streets, parks, schools and services any more than current usage.
We are guesstimating that many of the families utilizing our learning facility are already neighborhood residents since it is typical for families to choose a child care close to home.
7. We have historically been in compliance with zoning and city and state requirements and are presently working with keeping it that way. 8. N/A -No architectural designs will be affected
with this special use permit. Thank you for your consideration in this matter.
I , < ~' , ~ City of ~~Wheat~dge ~OMMUNI1Y DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29'" Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 NEIGHBORHOOD
MEETING MINUTES Date: City Staff Presen t: Location of meeting: Property address: Property owners: Property Owner(s) present? Applicants: Existing Zoning: Existing Use/site conditions:
December 8, 2009 Adam Tietz, Planner Sarah Showalter, Planner Wheat Ridge Municipal Building 7500 West 29th Avenue Wheat Ridge, CO 80033 3010 Newland Street Wheat Ridge, CO 80033 Wellspring
Bible Church Yes Steve Gay, Church Pastor Wellspring Bible Church 3010 Newland Street Wheat Ridge, CO 80033 Kelly Hagan 6407 South Kline Street Littleton, Colorado 80127 Residential-One
(R-I) There is an existing structure on the western portion of the site which houses the sanctuary, education rooms and offices. Another structure of a Quonset hut design is located
to the east of the sanctuary building. It contains an athletic gymnasium. Attached to the gym are a kitchen and a separate apartment unit. The remainder of the property is a graveled
parking lot and landscaped areas. The property is located at the northwest corner ofW. 30th Avenue and Newland Street, is 1.2 acres in size and is zoned R-1. The intent of this district
is to provide high quality, safe, quiet and stable low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the low-density residential
character. The surrounding properties are low-density residential developed as single and two-family dwellings with R-I and R-2 zoning. A church in the R-I zone district is categorized
as a "Special Use". Anytime a church plans for an expansion or additional uses that are ancillary to www.ci.whcatridge.co.us
the church, it requires the approval of a Special Use Permit. Applicant's Proposal: The applicant is proposing to add a large child care facility on the site using the existing buildings.
The classrooms within the buildings will be utilized to accommodate 48-60 children. In the past the church facility has operated a daycare center that had up to 90 children at it. The
following issues were discussed regarding the special use permit use and proposed development: • Other than the applicants and staff, 1 member ofthe public was in attendance at this
neighborhood meeting. This person has a home in Denver and in the area surrounding the church. • Staff discussed the site, its current zoning, the proposed use and the process that will
be required in order to obtain a special use permit. • The applicant, Steve Gay, Pastor of Wellspring Bible Church presented information showing the lack of child care facilities in
the area and the need to fill this niche. He provided information on the importance of neighborhood child care facilities and the positive affects that child care centers have on children.
o Mr. Gay also noted that there had been a child care facility at the church in the past that provided services for up to 90 children. At the maximum, only 60 are now being proposed
which would be less impactive than the previous center. The child care center will not be religiously affiliated and the building will be leased to Ms. Hagan. • The applicants indicated
that the day car center will occupy only one of the floors in the existing building and not exterior modifications will be required. They church will make all interior modifications
according to the International Building code and other requirements that are put in placed by the state and health departments. Parking will likely be placed on the northeast comer of
the site. o Mr. Gay indicated that on any given Sunday there is upwards of 120 adults and 50-60 children who come and leave the church all at one time for worship and bible study. The
day care would produce less traffic than a typical Sunday morning and the traffic would be spread throughout the day instead of concentrated to one time. o Kelly Hagan indicated that
the daycare would not start with 60 children on opening day. It would start slow and then gradually build up to that number. o The applicants and members of the public were informed
of special use permit process and their chance to make comments in the process. The following questions and concerns were voiced by ofthe members of the public present at the meeting.
o o There is a large Church/School on the comer ofW. 29th Ave and Newland St. Does this facility have a daycare? It is not known if there is a daycare already in operation that is associated
with church and school at that location. Based on the applicant's research, there does not appear a day care operating at this location. The traffic on both Newland St and W. 30th Ave
will see an increase in traffic as a result of the use. o There are no sidewalks surrounding the church. How will kids walking to/from the day care walk safely? Although the day care
will be set up to operate for ages up to 12, the majority of children will be pre-school age or younger who are dropped of by parents. The families that
choose to utilize the day care with older children will have the option of letting their children walk tolfrom school or home. Sidewalks are not currently planned to be put in by either
the city or the applicant • Why doesn't will the city require sidewalks to be put in or construct them for the day care? lfthe site was beingfully reconstructed or was newly developed
it would typically require full street improvements to be constructed, which includes sidewalks. In these instances, if the improvements are not constructed then money would be collected
from the developer of the site in order to construct the improvements at a later date. Special use permits do not typically activate the necessity to have the improvements constructed
or the money set aside. Many of the residential areas throughout the City of Wheat Ridge do not have sidewalks. Although it is the ultimate goal of the City to have sidewalks on all
streets, at this time the City does not have the funds to construct sidewalks on the streets that do not have any. • Is a church use compliant with the residential zone district? According
to the code that was adopted in 2001, churches (and ancillary uses such as daycare) are allowed by a special use permit in any residential zone district. This is not to say the church
is non-compliant. This means that uses allowed by a special use permit are typically compatible the zone district that they are in but they reqUire special review in order to ensure
that the use does not alter the character of the area or cause the health, safety and welfare of the surrounding residents to be compromised. Prior to the 2001 zoning code update, churches
were conditional uses in the residential zone district. Prior to that, they were an allowed use. • (On the parcel map) Why does the property to the east have a portion of their lot extending
onto beyond what would be their typical property line, onto what would typically the churches land? The home to the south was originally the parsonage for the church and it was apart
of the church property. The church and the parsonage used to be on the same lot. At a later time the home was subdivided into a separate parcel and sold. Since the church and home used
to be on the same lot the church, the water tap for the home was placed where it was most convenient as it is a requirement that all homes have separate water taps and be connected to
municipal water. When the home was subdivided into a separate parcel the water tap and line that ran to the home were required to be on the same lot as the home. The water tap for the
home is located in the landscaped area along W. 30th Ave. thus resulting in a portion of the lot stemming past what would be its typical boundary.
?-~5--o1 ... w~ 1}jliLJ/Z-r?fl'-r-T OUK N/£rG6fZ-l~6t)D ;UbW~ .... --. -,Alt;fl;lffZ--N/rV &Z.e ,J7!-1... (fj ijJ l-U 5rRI~r;: .. , . L f+ iA iL c.f/,~;Tk'2,~:S-\., . \ l r \ . &.-5.]
() VJ.:J 0 ~_Ac7-.. 1 ~d~ArA.'/)(;·f,-G,O I -\ . -~ ;j{tI/H;~~·-· -,_ ~!~0;;.ic;F~Y
Denver 1 Diciembre 2009 A QUlEN CORRESPONDA: Nosotros Derek J. Banach y Nelly Banach, con dornicilio legal en 2735 Hazel Ct. Denver CO. 80211 Tenemos dos ninos: Jose Daniel Banach (4
anos) Adriana Banach (1 ana) Y nos es de much a ayuda tener un centro donde puedan cuidar y ensenar a nuestros ninos mientras nosotros trabajamos Atentamente
· . \ I ~ :10 ~ 0 '1 -------------~W~.~~~~.~.}~.l~~_ ... _... ~_~~g<;L.!..V, .3 ~ ", .. J. ~\KL~:\. __ .. n. _~ "l'v.u.~h::",J\ .. ~j503 ,. ~33 ~ I -S '8. <f -~~.~~ L\..~~ ~ ~~ ... ~
~--'-~'~'~~2:} ... \L~ .. U~\L .. -.. . _~'\-\.~.k'~"-~~ ..... (L~ ...... . .. ' ~~ .. ~~ .. .LLL~ .. ... ............. . ..... . '.~ .. --=--~~~~ ••••.•.•.•.•. .......... . _---.. _-_.
--_ .•.• _ .......•... -. ._--...... -.. ~-.-.---........ _.. ..•... _. -------........ . --•.... _.. ...._ ... .. .. -.. ---_._.• . _........... .._--------_._._ •.. _ .........•.•..•.
,._.. . ._---
RIlK ENTERPRISES Wellspring Rible Church 3010 ;\t"\\"hnd Sot I\hea, Ridge, CO S0214-S\110 Dear Su:ve and :'iembeo of the board: December 7. 2CI-09 ( was happy to hc,!r of your plans
to :;tut a c.~ild carc bcility in the \\elhpring Bible Olurch building. Thi~ i~ ;: needed addition to the neighbodll')!)d. Since We lin': lust;:. shot dist;llcr from the proFerty it
\,-ill be ITry cOfl'i"'Ellicnt for us ro uke ;!d\"::.1ltage ')[ rh<: sen-ices. you intend to offer.. Parking \\'iIl nor be an issue wd e:?}.e of pick-up and drop off should be accomplished
without iJlterferin~ with exi.Hing traffic flows.. -\5 .1 neighbors, h..1thy and 1 u."dcome you ;-:nd your children. Let me know if we can hdp. Sincerely. Rodney Krey 7H11) \\" 296 .'\ve
\\hcat Ridge~ CO S0033
--------if l217!e-rtL hr{'/:40 {J /Uev-·0ULd5, r IC!u ti~t Ql c !qi I (l D FdJli-/J jD3-if 77 -':b I D Clb [(JUm \btf nl {UJ {i {!)J Uh-~ I .I ./J , vile ~~ "I j-f"i!V jdiw, AA fI, ~fr<h-.
4 ~m 1 u)e Iltp",ij 7h!-l" (}ftu-iGl< s l'F f. tIfU d"1JCdM )jhWI~ cd ~tJ 3~'I.u, J ku~ {j fW-w&-c<J'd /;£ C'-hUlLld; f, &iW IUL :ff,eJt!U:TO{? (ued '/ILt t)J/cUL-t J.b-r/3G CMU1UVu:hr
d .1MC~' -'J)l<~ ck # ~f;r;i£. f, C~d J~ //""'. ~1f~' tJ
c \/,) -/)//{ ~) Vi:: " v{ 'v .r D !\ ;::--'-1.//C //-__ i 3/
SUP09‐03/Wellspring Bible Church 3010 Newland Street A request for a daycare center for up to 60 children within the existing church facility on property zoned R‐1. City Council February
22, 2010 Southeast corner of W. 30th and Newland looking east at the church. Rear of the building looking west with quonset hut gymnasium building . Play area between the church building
and gymnasium.
Play area on north side of the church building. Open space on the east end of the property looking west Letters of Opposition Letters of Support R‐1 Zone District • Allowed Uses • Single
Family Homes – Home occupations allowed as an ancillary use. • Home Daycares for up to 12 Children • Parks • Governmental/Quasi‐Governmental Buildings • Special Uses • Schools • Churches
– Ancillary uses allowed when operating within the main structure. » Meetings, Support Groups, Daycares, Choirs, etc. • Private or Public Golf Courses or Other Clubs • Code Interpretation
Discussion Proposed Daycare Operations • Up to 60 Children – Ages infant to school aged children • Operate 5 days a week • No affiliation with Wellspring Bible Church • Use existing
facility and classrooms • Play equipment to be added outside • 5‐7 staff persons Code Analysis • Stand alone daycare centers are not allowed in residential zone districts • Proposed
daycare is not associated with the church • Daycares ancillary to a church are those that provide daycare services while other functions are going on at the facility • Staff has allowed
the application to be processed as a SUP based on it being an expansion of the church operation – detailed analysis of SUP criteria provided in staff report • Staff has also found Special
Use criteria have not been met
Staff Recommendation A request for a Special Use Permit to allow a daycare center as ancillary use to a church for up to 60 children in an R‐1 zone district. Staff recommends DENIAL
for the following findings of fact: 1. The applicant is requesting a child care facility that is not associated or ancillary to the church use. 2. Stand alone daycare centers in any
residential zone district are prohibited by City Code. 3. The special use may create adverse impacts greater than allowed under existing zoning for the property 4. There could be a significant
impact to adjacent property owners. 5. The request may negatively impact the character and residential nature of the neighborhood. 6. The request compromises the safety and convenience
of the people in the area already using the adjacent streets due to an increase of vehicle trips per day on local streets. 7. The request will increase the intensity of the use on the
property as the church currently is unused during the day. 8. There were objections regarding the request during the 10‐day posting period..
ITEMNO:~ DATE: February 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2010 -AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION 2 OF ORDINANCE 1453, SERIES
2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS OR COOPERATIVE THAT
SELLS OR CULTIVATES MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL:
ISSUE: IZl ORDINANCES FOR 1ST READING (02122/2010) D ORDINANCES FOR 2ND READING (03108/2010) D YES IZl NO On September 14, 2009, Council adopted Ordinance 1453, Series 2009, which enacted
a ninety (90) day moratorium on the issuance or consideration of any City license or permit concerning medical marijuana dispensaries. On November 23,2009, Council adopted Ordinance
1457 which extended the moratorium for an additional 90 days. The moratorium is set to expire on March 13, 2010. One purpose for extending the moratorium was to allow the state's position
concerning regulations of medical marijuana dispensaries to develop since such regulations could limit the City's ability to regulate those operations.
Council Action Form February 22,2010 Page 2 The state has not yet adopted any regulation concerning medical marijuana dispensaries though at least one bill is pending before the Colorado
General Assembly. The current legislative session is scheduled to end on May 12,2010. The attached Ordinance will extend the moratorium until July 13,2010. This will provide sufficient
time for the state to finalize its regulatory position and allow Council to consider adopting appropriate regulations for implementation in the City that are consistent with state law.
PRIOR ACTION: Council adopted Ordinance 1453, Series 2009, on September 14,2009 as an emergency ordinance. Ordinance 1453 enacted a 90 day moratorium on the issuance or consideration
of any City license or permit concerning medical marijuana dispensaries. Council adopted Ordinance 1457, Series, 2009, on second reading on November 23,2009. Ordinance 1457 extended
the moratorium in Ordinance 1453 for an additional 90 days. FINANCIAL IMPACT: The City will not receive permit or license fees for any new applications concerning medical marijuana dispensaries
during the moratorium period. BACKGROUND: In November 2000, the people of the State of Colorado adopted Amendment 20 which amended the Colorado Constitution by adding Article XVIII Section
14 thereto. Under Amendment 20 certain persons are protected from criminal prosecution under state law for the acquisition, possession, production, use or transportation of marijuana
for medical purposes. Amendment 20 does not protect those persons from criminal prosecution under federal law. In the spring of 2009, United States Attorney General Eric Holder issued
a statement that his office would not seek to prosecute individuals who were acquiring marijuana for medical purposes to the extent that such activity was allowed under state law. As
a result of that announcement and limited rule making by the Colorado Department of Public Health and Environment in July of2009, communities along the Front Range have seen a noticeable
increase in establishments operating as "medical marijuana dispensaries." Because Amendment 20 does not discuss "medical marijuana dispensaries" and the state has not adopted any regulation
or statute concerning those operations, there is confusion statewide as to state and municipal authority to regulate them. Further, there are currently two lawsuits pending in Colorado
district courts concerning the ability of Colorado municipalities to regulate or prohibit the operation of medical marijuana dispensaries. Through Ordinance 1453, Council directed staff
to begin investigating and drafting regulations for its consideration concerning medical marijuana dispensaries. Staff has drafted regulations for consideration by Council. However,
there continues to be significant discussion statewide concerning medical marijuana dispensaries, their legality and the extent to which the state and municipalities should regulate
those operations. In January 2010, multiple bills for consideration by the Colorado General Assembly concerning medical marijuana dispensaries were proposed. In addition, the Colorado
Department of Public Health and Environment proposed amending its
Council Action Form February 22, 2010 Page 3 rules concerning the medical marijuana licensing program. Although the state has not yet adopted any new regulation or law, there is at least
one bill pending in the Colorado General Assembly concerning the operation of medical marijuana dispensaries. Because state regulation or law may preempt or otherwise limit the City's
ability to regulate those operations, Council should consider extending the moratorium until after the end of the current legislative session. The General Assembly is scheduled to adjourn
on May 12, 2010. The attached Ordinance proposes extending the moratorium until July 13,2010. This will provide Council with sufficient time to consider appropriate regulation that is
consistent with state law. RECOMMENDATIONS: City staff recommends adoption of this Ordinance. RECOMMENDED MOTION: "I move to adopt Council Bill No. 03-2010, on first reading, order it
published, public hearing set for Monday, March 8, 2010 at 7 p.m. in City Council Chambers, and and that it will take effect upon adoption." Or, "I move to table indefinitely Council
Bill No. 03-2010 extending the moratorium for medical marijuana dispensaries for the following reason( s) " REPORT PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: 1. Council
Bill No. 03-2010
TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 03 Ordinance No. __ --Series 2010 AN ORDINANCE EXTENDING THE MORATORIUM ENACTED BY SECTION 2
OF ORDINANCE 1453, SERIES 2009 ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF WHEAT RIDGE PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS
OR COOPERATIVE THAT SELLS OR CULTIVATES MEDICAL MARIJUANA PURSUANT TO THE AUTHORITY GRANTED BY ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION WHEREAS, on September 14, 2009 City
Council for the City of Wheat Ridge, Colorado ("City Council") adopted Ordinance 1453, Series 2009, which Ordinance enacted a ninety (90) day moratorium on the submission, acceptance,
processing, and approval of all applications for City permits and licenses relating to the operation of businesses or cooperatives that sell or cultivate marijuana in accordance with
Article XVIII, Section 14 of the Colorado Constitution ("Medical Marijuana Dispensaries"); and WHEREAS, on November 23, 2009 City Council adopted Ordinance 1457, Series 2009, which extended
that moratorium until March 13, 2010; and WHEREAS, one purpose for extending the moratorium was to allow state officials time to address and possibly regulate or limit the operation
of Medical Marijuana Dispensaries on a state-wide basis; and WHEREAS, City Council has been made aware that although state officials have not yet adopted any additional regulations concerning
Medical Marijuana Dispensaries they are expected to do so before the General Assembly adjourns on May 12, 2010; and WHEREAS, extending the moratorium enacted by Ordinance 1453 until
July 13, 2010 will provide City staff and City Council with additional time to investigate, develop, and if appropriate, adopt and implement regulations with respect to Medical Marijuana
Dispensaries consistent with state law; and WHEREAS, proprietors of Medical Marijuana Dispensaries will not be unduly prejudiced by the imposition of such moratorium. NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO: ATTACHMENT 1
Section 1. Findings and Intent. The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council of the City of Wheat
Ridge. Section 2. Extension of Moratorium on Applications For Permits and Licenses Related to Businesses That Cultivate and/or Sell Medical Marijuana. Upon the adoption of this Ordinance,
the moratorium imposed in Section 2 of Ordinance 1453, Series 2009 shall be extended until July 13, 2010. The City staff is directed to continue refusing to accept for filing, and not
to process or review, any new applications for Medical Marijuana Dispensaries during the moratorium period. Section 3. Authority. The City Council hereby finds, determines and declares
that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land Use Control Enabling Act, Article 20 of Title 29, C.RS.; (ii) Part 3 of Article 23 of Title 31,
C.RS. (concerning municipal zoning powers); (iii) Section 31-15-103, C.RS. (concerning municipal police powers); (iv) Section 31-15-401, C.R.S. (concerning municipal police powers);
(v) Section 31-15-501, C.RS. (concerning municipal power to regulate businesses); (vi) the authority granted to home rule municipalities by Article XX of the Colorado Constitution; and
(vii) the powers contained in the City of Wheat Ridge, Colorado Home Rule Charter (the "Charter"). Section 4. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational
relation to the proper legislative object sought to be attained. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall
be deemed deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances, parts
of ordinances or codes adopted thereby in conflict with the provisions of this ordinance or the code or ordinance adopted hereby are hereby repealed. Section 6. Effective Date. This
Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 22nd day of February,
2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 8, 2010, 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 , 2010.
SIGNED by the Mayor on this ___ day of ________ , 2010. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio,
Mayor Approved As To Form Gerald E. Dahl, City Attorney
..... \. J. .q ~,r City of • pWheatRL-dge ITEMNO:J±:j DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12·2010 A RESOLUTION DISTRIBUTING A PORTION OF THE
CITY'S JURISDICTIONAL ALLOCATION OF FEDERAL HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE SENIOR RESOURCE CENTER CIRCULATOR BUS SERVICE AND ALLOCATING
THE REMAINDER OF THE CITY'S JURISDICTIONAL ALLOCATION AND RECAPTURED JEFFERSON COUNTY ECONOMIC DEVELOPMENT FUNDS TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR REDEVELOPMENT OF THE SOUTHEAST
CORNER OF 44TH AVE. AND WADSWORTH BLVD. o PUBLIC HEARING o ORDINANCES FOR 1 ST READING o BIDSIMOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 2ND READING YES ~ NO The City
receives an annual allocation of federal Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds from Jefferson County. The City currently has $923,315 of
unexpended jurisdictional funds from the 2007, 2008, and 2009 allocations. This amount includes approximately $175,000 of2008 CDBG funds that Jefferson County will be recapturing. The
County has indicated these recaptured funds could be redistributed to Wheat Ridge. The anticipated amount for the 2010 allocation is
Council Action Fonn February 22, 2010 Page 2 $322,739. This makes the total potential CDBG funds available to the City through 2010 $1,246,054. City Council adopted a policy concerning
the expenditure of CDBG funds in January 2008. The policy directs CDBG funds be used to support implementation of the Neighborhood Revitalization Strategy (NRS). For the past couple
of years, the City and WR2020 has been pursuing development opportunities for the land on the southeast comer of 44th Ave. and Wadsworth Blvd. In 2008 and 2009, the Wheat Ridge Urban
Renewal Authority (URA) purchased parcels at the site, taking steps towards assembling land needed to make a viable development project. The URA has been in negotiations with a developer
regarding the redevelopment of this site at 44th Ave. and Wadsworth Blvd. There is a tentative agreement with the developer regarding the use of CDBG funds at the site for public infrastructure
improvements. These improvements qualifY for use of CDBG funds under the national objective objective of "removal of slum and blight." While there is agreement from HUD that public infrastructure
improvements at the site are an eligible activity, a question remains as to the application of Davis Bacon wages to the project. Davis Bacon wages have to do with the provision of wages
as set by the federal Department of Labor. Depending on the type of work involved, Davis Bacon wages can add significantly to the cost of a project. The Senior Resource Center (SRC)
has been running a successful circulator bus service through Wheat Ridge. This service qualifies for CDBG funds. Last year the City provided funds to the SRC to support the circulator
bus service. The City could again provide funds to the SRC in the amount of $30,000. The request before City Council is to authorize the expenditure of$30,000 ofthe City'S 2007 jurisdictional
allocation to the SRC for the circulator bus service, and to authorize the remaining CDBG funds, in the amount of$I,216,054, to go to the URA for redevelopment of the site at at the
southeast comer of 44th Ave. and Wadsworth Blvd. PRIOR ACTION: At a February I,
2010 City Council Study Session, City Council made a consensus motion to support the use of the City's 2007, 2008,2009 and 2010 CDBG funds for the redevelopment of the 44th Ave. and
Wadsworth Blvd. site. The SRC funding was not specifically discussed at the study session. However, staff has confinned that the SRC would need that level of funding to continue the
service. BACKGROUND: Jefferson County is considered the grantee of the CDBG funds by the federal government and is ultimately responsible for the timely and proper use of the funds.
The City is considered a sub recipient ofthe funds.
Council Action Form February 22,2010 Page 3 The City has an Intergovernmental Agreement (IGA) with Jefferson County concerning the allocation of County CDBG funds to the City of Wheat
Ridge. In recent years, the IGA was amended to allow the accumulation of up to three years of City allocations. This has allowed the City to accumulate several years of funds to create
a sizable amount to put towards a project. There has been a change in administration at the Jefferson County Community Development Office. The new director has indicated the County is
over the unallocated funding limit allowed by the U. S. Treasury. Most likely, the County will be amending the IGA with the City to require that CDBG funds be allocated within a year
of the provision of the funds. The City hopes to reach an acceptable solution with HUD concerning the application of Davis Bacon wages for the 44th and Wadsworth Blvd redevelopment project
and be able to expend the total accumulated allocation of CDBG funds for this project. FINANCIAL IMPACT: The use of CDBG funds at the 44th Ave. and Wadsworth Blvd. site would significantly
help with redevelopment costs, particularly related to public infrastructure improvements. The developer and URA have included the approximately one million in CDBG funds in the financial
model for the project. If CDBG funds were not to be used at the site, there would be a deficit in funding that would need to be made up from some other source. RECOMMENDATIONS: Staff
recommends authorizing the use of the City's CDBG funds in the amount of$30,000 to the SRC for their circulator bus service and the remaining $1,216,054 to be used by the URA for redevelopment
of the site located at the southeast corner of 44th Ave. and Wadsworth Blvd. RECOMMENDED MOTION: "I move to approve Resolution No.l2-2010 authorizing the expenditure of$30,000 of the
City's 2007 jurisdictional allocation ofCDBG funds to the Senior Resource Center in support oftheir circulator bus service. In addition, accepting and authorizing the utilization ofthe
ofthe City's 2008 jurisdictional allocation, 2008 recaptured County economic development funds, and the 2009 and 2010 CDBG allocations for use by the Wheat Ridge Urban Renewal Authority
for redevelopment of the site located at the southeast comer of 44th Ave. and Wadsworth Blvd." Or, "I move to table indefinitely the approval of Resolution No. 12-2010 for the following
reasons: _________________________ "
Council Action Form February 22,2010 Page 4 REPORT PREPARED BY; Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS; 1. Resolution No. 12-2010
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series 2010 TITLE: A RESOLUTION CONCERNING EXPENDITURE OF THE CITY'S 2007, 2008, 2009 and 2010 JURISDICTIONAL ALLOCATION OF FEDERAL COMMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (CDBG), AND ACCEPTANCE OF AND AUTHORIZATION TO EXPEND 2008 JEFFERSON COUNTY CDBG ECONOMIC DEVELOPMENT FUNDS. WHEREAS, the City currently receives annual
allocations of Federal funding from the Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) Program, and WHEREAS, the Department of
Housing and Urban Development (HUD) has established certain parameters within which local jurisdictions are allowed to expend such funds, which generally relate to three areas: 1) provision
of low and moderate income housing, 2) elimination of slum and blight, and 3) emergency needs, and WHEREAS, the City is permitted to establish additional local priorities for the use
of CDBG funds, so long as they remain within the general areas identified by HUD for this program, and WHEREAS, the City is permitted to determine how the City's jurisdictional allocations
will be expended as long as the projects are eligible and meet the goals and objectives of the CDBG program, subject to final approval by the Jefferson County Board of Commissioners.
WHEREAS, Jefferson County is recapturing CDBG funds targeted for economic development that have been made available to the City to expend on an eligible economic development project(s).
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Thirty-thousand ($30,000) of the City's 2007 jurisdictional allocation be granted to the Senior Resource
Center for use in support of the circulator bus service. Section 2. The remaining 2007, 2008, 2009 and 2010 City allocations, in addition to approximately $175,00 in recaptured County
economic development funds, in the total amount of approximately $1,216,054, be used by the Wheat Ridge Urban Renewal Authority for the redevelopment 1 ATTACHMENT 1
of the site located at the southeast corner of 44th Ave. and Wadsworth Blvd. Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of February
22,2010. Jerry DiTullio, Mayor ATTEST Michael Snow, City Clerk 2
ITEM NO: 5, DATE: February 22, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL:
City Clerk ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2ND READING DYES ~ NO City M3I1\ger Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel
8 and the City's Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by the Clerk's Office with notification
to Council on the status. PRIOR ACTION: FINANCIAL IMPACT: BACKGROUND: RECOMMENDATIONS: See Attachments for detailed list of appointments and applicants V:IFonnslCAFtemplate
Council Action Form February 22,2010 Page 2 RECOMMENDED MOTION: "r move to appoint _________ to the ________ Boardl Commission: term to expire (see attachment 1) REPORT PREPARED AND
REVIEWED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Detailed appointments by position and District 2. Applicant List
2010 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: _________ to the Animal Welfare & Control Commission, term ending 3/2/13. _________ to the Board of Adjustment,
term ending 3/2/13. _________ to the Board of Adjustment, term ending 3/2/11. _________ to the Building Code Advisory Board, term ending 3/2/13. _________ to the Building Code Advisory
Board, term ending 3/2/12. _________ to the Parks & Recreation Commission, term ending 3/2/13. _________ to the Planning Commission, term ending 3/2/13. _________ to the Liquor Licensing
Authority, term ending 3/2/13. DISTRICT II I move to appoint: _________ to the Animal Welfare & Control Commission, term ending 3/2/13. _________ to the Board of Adjustment, term ending
3/2/13. _________ To the Building Code Advisory Board, term ending 3/2/13. _________ to the Building Code Advisory Board, term ending 3/2/11. __________ t,o the Planning Commission,
term ending 3/2/13. _________ to the Liquor Licensing Authority, term ending 3/2/13. _________ to the Cultural Commission, term ending 3/2/12 _________ to the Cultural Commission, term
ending 3/2/11. ATTACHMENT 1
DISTRICT I I I I move to appoint: __________ to the Building Code Advisory Board, term ending 3/2/13. __________ to the Planning Commission,. term ending 3/2/13. __________ to the Planning
Commission, term ending 3/2/12. __________ to the Liquor Licensing Authority, term ending 3/2/13. __________ t,o the Cultural Commission, term ending 3/2/11. DISTRICT IV I move to appoint:
__________ to the Animal Welfare & Control Commission, term ending 3/2/13. __________ to the Liquor Authority, term ending 3/2/13. __________ to the Building Code Advisory Board, term
ending 3/2/11.
Council Members: Here is a chart, by District, which indicates the current Board Commission openinas and applicants as of 2/10/2010 Board and Commission Applicant Status 2/10/2010 Term
Ending BOARD DISTRICT Current Member reapplied OTHER APPLICANTS 3/2110 Animal I Joelle Hedden yes ---3/2/10 BOA I Betty Jo Page yes Joseph Jesik 3/2/11 BOA(Alan Bucknam's positionlsee
below planning) -Jennifer Walter 8/3/09 application 3/2/10 Building I -3/2/12 Building I 3/2/10 Parks & Rec I Joseph Jesik 3/2/10 Planning I Alan Bucknam(appointed 2/8/10) Paul Griffith
William Starker -Alan Bucknam Andrew Weaver Jesse Hill 3/2/10 Liquor I Robert Alldredge yes 3/2/10 Animal II 3/2/10 BOA II Ryan Fisher yes Lily Griego 3/2/10 Building II Philip Plummer
yes 3/2/11 Building II 3/2/10 Planning II Scott Ohm Chad Harr Dean Gokey Zachary Urban 3/2/10 Liquor II Frank Sanzo lone yes 3/2/11 Cultural II 3/2/12 Cultural II Milly Nadler 1 ATTACHMENT
2
Council Members: Here is a chart, by District, which indicates the current Board 2
~\'.j~ ~<~ City of • pWheatRLdge ITEM NO: G I DATE: February 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE RATIFICATION OF THE MAYORAL APPOINTMENTS TO THE WHEAT
RIDGE FOUNDATION D PUBLIC HEARING [:8J BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES [:8J NO The Wheat
Ridge Foundation nominates candidates to the Mayor for appointments or reappointment to the Foundation and the Mayoral appointments are then ratified by the City Council. Mayor DiTullio
has asked that Curtis Gilmore, Tom Ripp and David Petersen be reappointed to the Wheat Ridge Foundation, terms to expire March 2, 2013. PRIOR ACTION: FINANCIAL IMPACT: BACKGROUND: RECOMMENDATIONS:
Mayor DiTullio recommends that Curtis Gilmore, Tom Ripp and David Petersen be reappointed to the Wheat Ridge Foundation. V:\FormsICAFtemplate
Council Action Fonn February 22,2010 Page 2 RECOMMENDED MOTION: "I move to ratify the Mayoral reappointments of Curtis Gilmore, Tom Ripp and David Petersen to the Wheat Ridge Foundation,
tenns to expire March 2, 2013." Or "I move to table indefinitely the reappointments of Curtis Gilmore, Tom Ripp and David Petersen to the Wheat Ridge Foundation for the following reason(s)
" REPORT PREPARED AND REVIEWED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: I. Wheat Ridge Foundation letter
~at Ridge 4005 Kipling St. Wheat Ridge, CO 80033 Phone: 303-231-1307 Foundation Working for our community's future February 8, 2010 Mayor Jerry DiTullio City of Wheat Ridge 7900 W, 29th
Ave, Wheat Ridge, CO 80033 Dear Mayor DiTullio, Fax: 303-231-1350 We respectfully submit the name of Curtis J. Gilmore, Tom Ripp and Dave Petersen for your appointment to an additional
term on the Wheat Ridge Foundation Board of Directors. These appointments will also need to be ratified by the members of the City Council. We are currently holding the one remaining
vacant seat open pending response of potential candidates. Please advise me when this appointment has been processed. Thank you for your consideration Sincerely Yours, Wheat Ridge Foundation
~~ Curtis J. Gilmore, President 303-422-6477 ATTACHMENT 1
~"" <"" ~. ( City of • ?Wheat~dge ITEM NO: 3-, DATE: February 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE RATIFICATION OF THE MAYORAL APPOINTMENT TO THE WHEAT
RIDGE HOUSING AUTHORITY o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING DYES ~ NO The Wheat
Ridge Housing Authority's members are appointed by the Mayor and ratified by City Council. Mayor DiTullio has asked that Janice Thompson be reappointed to the Wheat Ridge Housing Authority,
representing District IV, term to expire March, 2015. PRIOR ACTION: FINANCIAL IMPACT: BACKGROUND: RECOMMENDATIONS: Mayor DiTullio recommends reappointment of Janice Thompson to the Wheat
Ridge Housing Authority. V:\FormsICAFtemplate
Council Action Form February 22, 2010 Page 2 RECOMMENDED MOTION: "I move to ratify the Mayor's reappointment of Janice Thompson to the Housing Authority representing District IV, term
to expire March, 2015." Or "I move to table indefinitely the reappointment of Janice Thompson to the Housing Authority representing District IV for the following reason(s) " REPORT PREPAREDAND
REVIEWED BY: Janice Smothers, Admin. Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Application -Janice Thompson
" City of 'Wheat~dge Board and Commission Application' APPLICATION FOR APPOINTMENT TO THE: <CUI 4&,',1 (21.:!:k' kc"i 1';'7" i4P147 t +y (BoardlCommissio Committee) DATE: j ~5 -27 DISTRICT:,_.,t.!;I
_____ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: /::;2po ARE YOU A REGISTERED VOTER? yc:? , WHY ARE YOU SEEKING THIS APPOlNTMENT?''''''':'--C::..~..,;' ~':/-...d.U-E$ ?{ C'/£~;.
, ~A Vd~~' ~/~n~~~~~~~~~~LA~~~~_~, ~t ~;~ DO YOU .,/~'!IE.'---l~:::::'::':..!~:E:..-r~....,ji~:.::.!:.:....!E:f..J~=-~~A!~L.p!.:.$i::j-::2-1":::1i1)'~Ifl:;:.!,C lC!.../.;:,cn:""";r::l
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMM,ITTEE AND IF SO, WHICH ONE? HOW LONG? " a,:'4.k-aUt'! ,442t'h14'X I~ (IC:? J?/(7df//#r," '1 (bfJ~::l:';'j" Ji ({
.....; 1! -6 . 1ft I '/7 7' ,,/;Ii THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?_""#J.",,,'.!).::..' ______ _ BUSINESSPHONE_' __________________ ~-~ E_MAlLADDRES:S..Ia.
r.O dfig!f.I.lAt)/@(.m1lt..1!:::;>t.;:!.. .. ).JeI APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO 80033 ATTACHMENT 1