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HomeMy WebLinkAboutStudy Session Agenda Packet 01-09-17SPECIAL STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO January 9. 2017 Upon adjournment of Regular City Council Meeting Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Carly Lorentz, Assistant to the City Manager at 303-235-2867at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1 . Update on G Line from RTD 2. Liquor licensing -addition of liquor licenses classes ADJOURNMENT .... ~ j ~ ... • City of ·1 ~Wheat D :irlrre ~OmCEOFTHECilY~~~ Memorandum TO: Mayor and City Council Patrick Goff, City Manager".G)l} FROM: DATE: January 5, 2017 (for January 9, 2017 Study Session) SUBJECT: RTD G Line Commuter Rail Update ffe~ J, Representatives from the Regional Transportation District (RTD) will provide a G Line operational update at the January 9, 2017 study session. As Council is aware, the opening of the G Line has been delayed until inconsistencies with the grade-crossing technology on the A Line are corrected. Attached are the latest updates from RTD on the A and G Lines. TOOLS MENU LATEST NEWS See what's happening at RTD G LINE OPERATIONAL UPDATE Posted on 10.21.16 Update Nov 21, 2016: RTD and Denver Transit Partners (DTP), contractor for the G Line, are past the testing window (number of days needed to fully test, commission and certify the corridor for operations) for the G Line to open in Fall 2016. We look forward to the G Line opening in 2017. posted October 18, 2016: GM-CEO DAVE GENOVA DELIVERS QUARTERLY NEWS UPDATE On October 18, 2016, GM-CEO Dave Genova delivered the Quarterly News Update reporting the status of the 2017 budget and recent commuter rail operational issues. Read the entire speech here. Discussion points were: FRA Waiver Extension • RTD's rail construction and operations contractor for the Eagle P3 Project, Denver Transit Partners (DTP) has been operating trains under a waiver from the Federal Railroad Administration (FRA) since the University of Colorado A Line opened April 22, 2016 because grade crossing gate times for motorists and pedestrians have not yet reached a level of acceptable consistency. •Under the waiver, DTP has been paying for flaggers at each grade crossing since opening day. •On Friday, October 14, 2016, the FRA issued a waiver extension through November 5, 2016. •The FRA has worked very hard with RTD and DTP, and the FRA has indicated that under the waiver extension, progress needs to be made on the CU A Line grade crossing gate times for motorists and pedestrians. •There is a software revision for which DTP is awaiting FRA approval to install and test. •The University of Colorado A Line has seen substantial improvements in terms of on-time performance (87.3 percent since opening while the B Line is on time 95.5 percent, both measured versus the Board-adopted annual goal of 90 percent) and the overall availability ratio (measures rolling stock availability, on-time performance and station availability) is now at 95.1 percent, which exceeds that contractual measure by 1.1 percent. • Our joint goal is to complete the required gate-crossing modifications or at least make enough progress to further extend the waiver. •The Eagle P3 Project, designed, constructed and operated by Denver Transit Partners, includes the University of Colorado A Line (opened April 22, 2016), the B Line (opened July 25, 2016) and the G Line (opens Fall 2016) • RTD has been speaking directly with our contractor leadership at the highest levels. • RTD has brought in additional specialized resources to assess, audit and inspect the progress of DTP and continues to offer any and all support needed, and DTP has also added considerable resources, at its own expense, to complete the requirements that will lift the waiver. •The RTD Board has been thoroughly briefed and brought up to date. •The G Line has the same grade-crossing technology as the CU A Line, and therefore DTP has to meet FRA requirements regarding the crossings on the CU A Line before we can open the G Line. •We believe the system is operating safely and we err on the side of caution. 2017 Budget • Fare revenue: $117.5 • Sales and use tax: $361.2 •Grant revenue: $105.2 • Other income: $8.0 •Total: $591.9 • Further details available in the 2017-2022 Strategic Budget Plan, approved by the RTD Board on September 20, 2016. Figures are rounded millions. Service Performance Daily average on-time performances: • University of Colorado A Line: 87.3% • B Line: 95.5% • Light rail system: 94% • Light rail performance goal is minimum 90% • On-time is defined as arrival at a location no more than one minute early or no more than five minutes after the scheduled arrival time. Ridership •University of Colorado A Line: 18,000/weekday •This tracks closely to the projected estimate of 18,600 per weekday after one year of operation. • B Line: 1,400/weekday •This exceeds the projected estimates of 800 per weekday after one year of operation. Public Private Partnership • RTD was the only agency to participate in the FTA's Public Private Partnership Pilot Program (Penta P). •Participation in Penta P allowed RTD to pursue a full funding grant agreement for the University of Colorado A Line and G Line. RTD successfully obtained a $1 billion grant for this project. • In 2009-2010, RTD entered into a 34-year concession agreement with Denver Transit Partners (DTP) to design, build, finance, operate, and maintain the University of Colorado A Line and G Line. •DTP is being penalized for performance-related and non-performance related issues, totaling $250,000/month for the University of Colorado A Line and $100,000/month for the 8 Line. OPERATIONAL ISSUES Phase Breaks • Phase breaks are purposefully built into the commuter rail electrical system, as alternating current feeds cannot physically touch. A phase break is a planned dead space in which no power is supplied and the trains briefly coast. • The two phase breaks on the University of Colorado A Line have been shortened from a few hundred feet to tens of feet. •There are no phase breaks on the 8 or G Line. •Light Rail does not have phase breaks as it operates by a 750 volt direct current system and the feeds for direct current do not have to be separated. Grade Crossings •All grade crossings on the RTD system are safe. • Grade crossings are activating the flashing lights, warning bells and gates well in advance of train arrival and in excess of the required minimum activation times. • Flaggers are staffing the crossings as an added safety measure until the final certification of the crossings is completed with the FRA and PUC. •Once the final certifications are issued, we can continue to pursue the quiet zone process. • RTD is operating positive train control (PTC) as mandated by Congress to be installed on all commuter rail systems by 2018. •We are testing new software to improve the timing and signaling. Testing of this software may impact scheduled operations on the University of Colorado A Line to accommodate additional testing time, as we can only test during non-revenue hours. • RTD is operating under a waiver from the FRA, which is set to expire on November 5, 2016. G Line •We are not currently testing on the G Line and will not continue testing until the grade crossing signaling is resolved. •We are targeting a 2017 opening for the G Line. {opening date updated 11.21.16} f It.tor I llt'I 1v--:1 Rail H11ld1riq-. : AL~·1d•'v11 !11t1-1~t1L11 lw» !11vl'~l1w•fib Design • Build Co11b KtDr Denver 1i Systems, LlC (Auor I BBRI) o.,..-.tton • Matntenlinoe Conb idur Oenve Transit Operators, l.LC (Auor I BBRI I AG) I I Design &. Build Subcontractor Denver Transit Constructors, Ll.C {Fluor I Ames I BBRI) I Design Lead Fluor I HOR Global Design O:>nsultants, LLC I Roll Ing stock SUppller Hyundal-Rotern USA I Qlllty l'rovirlP...., ffuDr ElllBJlll-~ ~llO ~ dthe CDID!lliliol1indd.de&V1-Wc.ontr.lcl:s,ind<I33'lla p.artnel" In~ illl ~ the cmcilelBI 9'/SIBTI. ~ ftr the ftlancl1g, de!iJ11. anitructioo, testing and CDllHl'issioiiug, i1l'lCI qieralicnll ;nf ITlii'Dlniw:e d. the neCwDrk. 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Wlh .at &st. 60'!lo d the Ylltlde made in Americal. Regional Transportation District 1600 Blake Street Denver, CO 80202 TO: MURRAY CA.M'L KLIEOMENMia;;.:ll!!iTE:A RENA.UC LLP Mayor and Council MEMORANDUM FROM: Gerald Dahl, City Attorney DATE: December 27, 2016 RE: New lodging and entertainment and distillery pub categories The City's Liquor Licensing Authority, during its meeting on December 8, 2016, adopted a motion to recommend that the City Council add two new types of liquor licenses: (1) lodging and entertainment, and (2) distillery pub license. See attached minutes of the Authority, at page 4. The Authority's recommendation is that these two new licenses be included in City Code section 11-53 and also be allowed within the 500 foot restriction zone. The state statute which is the basis for these two new licensing categories is found at CRS 12-47-103 (18.5, 12-47-426 and 12-47-103(7.3), and 12-47-424) respectively. The following definitions are relevant: "lodging and entertainment facility" means an establishment that: (a) is either: en a lodging facility the primary business of which is to provide the public with sleeping rooms and meeting facilities; or (II) an entertainment facility, the primary business of which is to provide the public with sports or entertainment activities within its licensed premises; and (b) incidental to its primary business, sells and serves alcohol beverages at retail for consumption on the premises and has sandwiches and light snacks available for consumption on the premises." The lodging and entertainment license would be issued instead of a tavern license when the operator does not meet the requirement of state definitions of the tavern which requires that it must be their principal business to sell alcohol. The "distillery pub" license category is defined in the state statutes as a retail establishment "(a) whose primary purpose is selling and serving food and alcohol beverages for on-premises consumption; and (b) that ferments and distills not more than 40-5000 liters of spiritus liquor on its licensed premises each calendar year." Robin Eaton, Deputy City Clerk and staff to the Liquor Licensing Authority, informs me there are no present applications for either of these two types of licenses, but that it is advisable the City have these licensing categories in place prior to such application. I believe that it would be advantageous for the City to make provision for these liquor license categories, since they are now recognized in state law. Mr. Eaton is currently working with the state to better define in the state liquor license regulations what is or can be considered an "entertainment" type of business, and that information can be shared with the Council at its January 9 study session. Staff recommendation: consensus to direct the City Attorney to work with the office of the City Clerk to draft and present for Council's consideration an ordinance amending Code section 11-53, with corresponding definitions in 11-51 to permit lodging and entertainment, and distillery pub type licenses to be included for local licensing purposes. Report prepared by: Gerald Dahl, City Attorney Attachments: Minutes of Liquor Licensing Authority December 8, 2016 MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building December 81 2016 Chair Nazarenus called the Liquor Authority Meeting to order at 9:00 a.m. Liquor Authority Members present: Robert Alldredge Paul Shaver Elizabeth Nazarenus Bruce Mcintyre Anthony Davia John Miks Carolyn Peterson Claudia Worth Liquor Authority Members absent. Also present: City Clerk Janelle Shaver, Deputy City Clerk Robin Eaton; Police Officer Steve Berkowitz; Jeff Corder, Applicants, Max Scott (Oedipus). APPROVAL OF MINUTES OF October 13, 2016 Motion by Ms. Peterson to approve the minutes of October 13, 2016; seconded by Mr. Shaver; Motion carried -7-1 Worth abstaining. Item 1. Introduced by Chair Nazarenus; A New Application for a Hotel & Restaurant License Application for Grammy's Goodies LLC, dba Grammy's Goodies located at 4601 Harlan Street Wheat Ridge CO 80033. Deputy Eaton introduced the item. ·He explained that Grammy's Goodies is an on-going Italian and Pastry establishment that requests to add a Hotel & Restaurant Liquor License to their facility. They will meet the required meals found in definition 12-47-103 (20) and that it meets all of the requirements for issuance. Deputy Eaton introduced Max Scott, Oedipus Inc along with Jeffrey Corder being the applicant. Attachment 1 Liquor License Authority Minutes December 8, 2016 Page2 Max Scott spoke about Oedipus, Inc. and stated that Wheat Ridge has wonderful reputation as a good place for businesses. He incorporated his testimony from past hearings as to the methods Oedipus uses to conduct the surveys. Survey was conducted in a one-mile radius with the applicant business at center. Both residences and businesses were surveyed in the blue area of the map of the survey. He described on page two of the survey that almost 98.9% of those surveyed were in favor of issuance of new liquor license. The total of signatures in favor of issuance of the new liquor license goes up to in favor if non-business related objections are eliminated. Mr. Davia asks if Max remembers the last date for the survey was done at the facility and if it ever had a liquor license prior. Max couldn't say; Janelle states it was barbecue place named Johns, Chicago Style BBQ and the licensed was being transferred to Kings BBQ but prior to the new business ever receiving it, they went under. Mr. Shaver notes to Max that he is glad that there was more attention shown to the Wheat Ridge area locations than those in surrounding cities. Max notes that if there was a local rule to exclude those other areas, then he would be more than happy to poll those specific areas. Ms. Nazarenus swears in Mr Jeffrey Corder. Chair Nazarenus asks for any questions. Peterson asks if they will sell beer and what other items that they have? Jeffrey responds that it is mainly a pick up and go establishment and will mainly sell Beer and Wine for now with the space limitations and their main items are Pizza, Pasta and sandwiches. Shaver asks where the liquor will be stored in the back and how people will know what you are serving. Jeff responds that it will be in the back walk-in and advertised with table tents and also on the menu. Peterson asks if anyone has done the TIPS program and how they will address underage buyers. Jeffrey says that both his wife and I have been in the industry over 25 years and have gone over how to check ID's. Nazarenus -when do you plan on opening Jeffrey, maybe this year but probably not until next year for tax purposes and that they will be gone during the first part of the new year. Davia; Do you have a patio and will you be planning on selling alcohol out there. Jeffrey Yes we have a patio and will be selling alcohol out there as well. Chair Nazarenus asks if anybody else has any questions with no reply. Liquor license Authority Minutes December 8, 2016 Page3 Motion by Mr. Shaver to approve the application for a new Hotel and Restaurant Liquor License Application for Grammy's Goodies LLC, at 4601 Harlan Street, Wheat Ridge CO 80033; Seconded by Mr. Alldredge: Motion Carries 8-0 Item 2. Motion to raise the City of Wheat Ridge's Retail Liquor License fees to the proposed limits in exhibit a. Discussion followed Deputy Clerk explains how he did a cost comparison of surroundings areas, shown in exhibit A for Items 2 and 3, along with the City of Wheat Ridge and how our new and renewal license fees are not comparable to those other areas and requests the new fees be approved and that the overall costs are still below what the State allows to be taken in. Shaver-When Rickoli's opened up did they pay the $1000 fees to us upon application. Eaton, no they paid the $1025 fees at that time directly to the State and those Manufacturing types of licensees do not apply to the Locals. Peterson, Lakewood looks really low but sees that it includes a flat $1000 Occupation tax. Eaton, we have an Occupational Tax also but it varies with the type of liquor license that they hold and is not a flat tax. Chair Nazarenus; the City is struggling to move forward and will these new fees deter anyone from coming here? Eaton responds that he doesn't think that it will as with other city fees, ours are still lower, along with the Sales tax being lower that these new fees would not have an effect on those types of businesses. Miks asks if there are any penalties from the State if the City were to go over their amounts allowed. Eaton responds that even with the $100 application fee, we are still below their limits and not in danger of any penalties, but yes if we did then we would not be in compliance with the State. Worth asks if this will have to go in front of Council Eaton responds that by City Code, the Liquor Authority is in charge of the fees that are set. Motion by Mr Miks to raise the City of Wheat Ridge's Retail Liquor License fees to the proposed limits; seconded by Mr Alldredge Motion carries 6-2 Nazarenus, Davia opposed. Fees will be effective immediately after being approved. Item 3. Motion or Resolution to increase the Special Event permit fees paid to the City of Wheat Ridge from $25 a day currently to $50, as also seen in ex 2 (a). Discussion followed: Liquor License Authority Minutes December 8, 2016 Page4 Davia states that he will not be voting for this increase either as he feels its injurious to the Non-profits to be forced to pay an additional $25 for a permit. Nazarenus ask what are most of the Special Events. Deputy Clerk Eaton explains that most events are entities such as Localworks, the Senior Resource center and other and as the City is doing the complete Special Event permitting, there actually is not any increase in the Special Event fees, the City is just capturing what the applicant would have paid to the State if it would have received the application and issued the permit. As the City is doing all of the postings, hearings and issuing the permit, the Non-profits will not see a raise in these fees, they are just making one check out to the City instead. Davia ask if they are already paying the $50 a day. Eaton answers that yes they are and its not going to be a surprise or an extra tax levied on them. Chair asks for a motion. Motion by Miks to approve the increase the Special Event permit fees paid to the City ___ of Wheat Ridge from $25 a day currently; seconded by Alldredge; motion carries 8-0 Item 4. Recommendation to City Council to add new types of liquor licenses, those being the new Lodging and Entertainment and Distillery Pub types to be included in Sec. 11.53 of the City code to also be allowed with the 500 ft. restriction zone, similar to those of Hotel Restaurants and Brewpubs. Discussion Followed: Deputy Clerk Eaton requests that this go to council as these are new liquor licenses that the State came up with recently and if a new Distillery Pub comes into the City, they too should be included within 500 ft., much as the Brewpubs currently are. The Lodging and Entertainment would be issued instead of the Tavern license, when they do not meet the requirement in State definitions of a Tavern which lists that it must be their principal business to sell alcohol. I Motion by Davia to recommend to City Council to add new types of liquor licenses, those being the new Lodging and Entertainment and Distillery Pub types to be included in Sec. 11.53 of the City code to also be allowed with the 500 ft. restriction zone; seconded by Miks, motion carries 7-1 with Shaver opposing. -CITY CLERK'S MATTERS Vern's Liquor successfully transferred in October. My Liquor Store successfully transferred in November. Pending Transfer Application for Luke's a Steak Place submitted in November; which is awaiting Background check and then to be forwarded to State for approval New Applications for 7-11 for an Off premises type and a WalMart for an On/Off is pending to be submitted, along with a proposed new retail Liquor store at 4490 Wadsworth Blvd, currently the O'Reiley's Auto store. This will be subject to Zoning and State requirements of being outside of the new ruling of 1500 ft between liquor stores.(might be too close to Vems) ' ' Liquor License Authority Minutes December 8, 2016 Page 5 Manager change and renewal for Noodles and Co, Safeway -renewal; Faneli's Amici's restaurant renewal. Rockette Tavern renewal Sent a Memorandum on 11/9 to Henry Rivera, owner of Hanks Billiards to convert his Tavern license to a Lodging and Entertainment type. Vini Italia Co. surrendered the RLS Liquor License, will apply for H&R in spring. Thai Green Sushi submitted the DR 8177 for Hui Chen to take over as 100% owner. Vincenza's License expired-will not be renewing as the Landlord took over the facility and new owners are set to come in the Spring. Janelle appraises the Board of the ever increasing need for security and that there is a lot of law enforcement at these events and in general, at liquor licensed establishments. Also that there is a culture of law enforcement for these areas and these fees help in turn, fund the police department to help defray the costs for the Officers to be in attendance. CITY ATTORNEY'S MATTERS POLICE DEPARTMENT MATTERS LIQUOR AUTHORITY MEMBERS MATTERS Nazarenus asks if there is some sort of graduating fees schedule and if the SEP fees could incorporate something like that, depending on the amount of people that will be in attendance. Meeting adjourned at: 10:16 a.m. Robin Eaton, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON JANUARY 26, 2017 BY A VOTE OF __ TO -- Elizabeth Nazarenus, Chair