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HomeMy WebLinkAboutStudy Session Agenda Packet 02-04-19 STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO February 4, 2019 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. Citizen Comment on Agenda Items 1. City Treasurer Candidate Presentations 2. Art Space Feasibility Study 3. Discussion of Procedures for Appointments to Boards and Commissions 4. Staff Report(s) 5. Elected Officials’ Report(s) ADJOURNMENT Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: February 4, 2019 SUBJECT: City Treasurer Presentations ISSUE: City Treasurer DiTullio was elected to the office of Jefferson County Treasurer on November 6, 2018. Mr. DiTullio resigned as City Treasurer effective midnight, January 7, 2019. In order to fill the City Treasurer vacancy, prospective candidates were invited to present to City Council during the February 4, 2019 study session. BACKGROUND: The Wheat Ridge City Charter addresses vacancies of elected officials as stated below: Sec. 3.11. Vacancies in elective offices. (a) An elected official shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve, ceases to be a resident of the city, or is convicted of a felony. (b) … (c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such vacancy shall be filled by appointment by the council for the remainder of the term. Sec. 4.4. Qualifications. (a) No person shall be eligible to hold the office of a councilmember unless, at the time of his election, he is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the district from which he is elected for a period of at least twelve (12) consecutive months immediately preceding the date of the election. Note: City Treasurer shall have the same qualifications as members of the council. City Charter, Wheat Ridge Code of Laws or Council Rules and Procedures do not address specific procedures for the appointment of elected officials. For this appointment, City Council allowed Wheat Ridge residents to apply for the position. The application period was open Friday, December 21, 2018 through Friday, January 25, 2019. Staff informed all qualified respondents to prepare a brief presentation to City Council on February City Treasurer Presentations February 4, 2019 Page 2 4, 2019. Two applications were submitted, both of which were eligible for the City Treasurer position. The applications and resume have been included as an attachment for City Council review. ATTACHMENTS: 1. Chris Miller – Application and Resume 2. Korey Stites – Application ATTACHMENT 2 Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: January 30, 2019 SUBJECT: Artspace Feasibility Study ISSUE: The Cultural Commission is requesting that City Council consider a Preliminary Feasibility Study to provide preliminary feedback about the feasibility of creating live/work, multi-use, or other arts facility development in the City of Wheat Ridge. Artspace Consulting and members of the Cultural Commission are invited to the February 4, 2019 study session to present the proposal. BACKGROUND: Artspace’s mission is to create, foster, and preserve affordable space for artists and arts organizations. Artspace Consulting helps communities identify effective, affordable ways to incorporate the arts into their civic agendas. They help communities revitalize downtown areas and inner city neighborhoods, reanimate historic properties, develop arts districts, and create and preserve affordable spaces for artists. ATTACHMENTS: 1. Artspace Consulting Brochure 2. Artspace Consulting – Introduction to Preliminary Feasibility Study ARTSPACE CONSULTING ATTACHMENT 1 ARTSPACE CONSULTING Traffic Zone Center for Visual Art & Artspace HQ, Minneapolis, MN Photo by Steve Ozone WHO WE ARE Artspace Consulting is a division of Artspace that helps communities identify effective, affordable ways to incorporate the arts into their civic agendas. Our practice builds on Artspace’s expertise as America’s leading real estate developer for the arts and operator of more than 30 successful arts facilities around the country. Our community-based approach bridges the traditional gap between the arts and the civic arena. Our clients benefit from direct access to our three decades of experience as a developer of arts facilities that deliver sustainable, affordable space for artists, arts organizations, and creative businesses. We help communities revitalize downtown areas and inner city neighborhoods, reanimate historic properties, develop arts districts, and create and preserve affordable space for artists. We help arts organizations evaluate their existing facilities, identify new ones, and determine how their spaces can best serve their needs. Artspace Consulting works with you to determine the next steps toward making your community the best it can be. Artspace’s mission is to create, foster, and preserve affordable space for artists and arts organizations. …creating a facility to provide affordable live/work or studio space for artists, homes for arts organizations, or space for other creative activities. We identify the most suitable buildings and sites, develop realistic capital and operating budgets with an eye to long-term sustainability, and offer practical advice about how to move a project forward. …imagining a place, such as an arts or cultural district, neighborhood, campus, or other cluster of people, buildings, and uses. We guide our clients through the process of refining their vision and review plans for arts districts, campuses, and centers. …improving what exists, whether it’s a single facility, a campus, or an entire arts district. Our clients include arts organizations that are thinking about expansion, groups that wish to operate a shared facility more efficiently, and other entities that want to make their facilities better. ...sharing what we know through articles, speaking engagements, presentations at conferences, and other gatherings attended by national policy-makers, urban planners, and community leaders of all kinds. WHAT WE DO Artspace Consulting helps communities by… OUR SERVICES Preliminary Feasibility Visit An intensive two-day fact-finding mission to assess the potential for an Artspace live/work or mixed-use project in a community. An Artspace team tours buildings and sites; meets with artists, city officials, and other stakeholders; and conducts a public meeting to welcome community participation and generate a buzz. We recommend the Preliminary Feasibility Visit for communities with populations of more than 50,000 and an established base of local support. Creative Spaces Consulting Visit A two-day visit, similar to a Preliminary Feasibility Visit, that focuses on a community’s vision for creating an arts facility or district that is not likely to result in an Artspace-developed project. This visit helps communities address civic challenges such as finding a creative use for a city-owned property, evaluating the artist component of a project led by a for-profit developer, or assessing an arts district. Deliverables for both the Preliminary Feasibility Visit and the Creative Spaces Consulting Visit include a written report that documents our findings and recommendations for next steps. Washington Studios in Duluth, MN Photo by Sequest Photography CREATING A FACILITY CASE STUDY Loveland, Colorado THE CHALLENGE Help the City of Loveland preserve its historic Feed & Grain Building and generate economic development in its downtown GOALS > Identify a viable and sustainable concept for adaptive reuse of the Feed & Grain Building > Incorporate affordable housing for artists into the project vision SCOPE OF WORK > Preliminary Feasibility Visit > Arts Market Survey DELIVERABLES > Feasibility Report that discusses potential for arts facility in Loveland and identifies next steps for moving the community’s vision forward > Survey Report identifying strong need for artist live, work, and exhibition space UPDATE > Two-phase project that includes an art center in the Feed & Grain Building, 30 units of artist live/work housing, and a public plaza Artspace Loveland, Loveland, CO, Love and Light Exhibition, 2012 Photo by Alanna Brake, www.luckybrakelimited.com OUR SERVICES Arts Market Survey An online survey to determine the size and nature of the market for affordable artist live/work, studio, or other creative space in a community. Artists, creative workers and businesses, as well as arts and cultural organizations of all disciplines are invited to share their needs and preferences for affordable space. This information helps the project team select a site, attract funders, and design a facility that effectively addresses the needs of the local creative community. Each survey is customized to reflect the unique characteristics of the local community and arts scene. Over the last 20 years, we have conducted approximately 40 Arts Market Surveys that have reached more than 25,000 creative individuals. Artspace Tannery Lofts Resident, Santa Cruz, CA Photo by Charles Mixon IMAGINING A PLACE CASE STUDY Wichita, Kansas THE CHALLENGE Help the City of Wichita strengthen the Commerce Street Arts District GOALS > Determine whether Commerce Street is a viable arts district > Identify action steps to help it grow SCOPE OF WORK > Creative Spaces Consulting Visit DELIVERABLE > Report that recommends a range of actions the City can take to help the arts district and provides additional guidance about another emerging arts area, the Douglas Design District The Commerce Street arts district in downtown Wichita, KS Photo by Spacefem / Wikimedia Commons / CC-BY-SA-3.0 OUR SERVICES Capital Needs Assessment A program that provides nonprofit clients access to the underwriting capabilities of our real estate practitioners. For organizations considering purchasing, leasing, or co-locating, we help quantify critical-path questions and assist in decision-making. Sustainable Operations Analysis A process designed to clarify funding goals, establish recommended steps for raising the necessary funds, and provide a better understanding of current and future operating expenses. We analyze existing annual financial reports and current space usage to establish a base operational profile, evaluate a range of scenarios and build a 15-year forecast to help the organization plan for the long-term sustainability of its facility. IMPROVING WHAT EXISTS CASE STUDY Open Book Minneapolis, Minnesota Open Book is a multi-tenant nonprofit building that serves as a home for literary and book arts THE CHALLENGE Help the Open Book and its three anchor tenants analyze their current space usage and financial status and create a vision that defines their “story” moving forward GOALS > Define the challenges and opportunities available to the building and its anchor tenants > Frame the project in ways that make it most relevant to prospective funders SCOPE OF WORK > Capital Needs Assessment > Sustainable Operations Analysis DELIVERABLES > Capital and operating budgets, including a 15-year forecast > Presentation of findings to the Open Book Board of Directors Open Book, Minneapolis, MN Photo by Emily Taylor SHARING WHAT WE KNOW Speaking, facilitating, and convening Artspace Consulting shares its experience developing, owning, and operating arts facilities with groups around the world. We participate in conferences, workshops, and webinars, offering our unique, community- and arts-driven approach to real estate development. We take a multi-disciplinary approach influenced by our personal commitment as artists and our firsthand experience as developers. Our Clients Artspace Consulting’s recent clients include: > Albany Housing Authority / Albany, NY > Bemidji Community Arts Center / Bemidji, MN > Boston Center for the Arts / Boston, MA > Buchanan Center for the Arts / Monmouth, IL > City of Long Beach / Long Beach, CA > Community and Economic Development Office / Burlington, VT > Creative Portland Corporation / Portland, ME > Dance/USA / Philadelphia, PA > Dubuque Main Street / Dubuque, IA > Fleisher Art Memorial / Philadelphia, PA > Intermedia Arts / Minneapolis, MN > Pregones Theater / New York, NY > Wilshire Boulevard Temple / Los Angeles, CA Wendy Holmes of Artspace Consulting touring potential properties in Dubuque, IA Photo by Roy Close 250 Third Avenue North | Minneapolis, MN 55401 | 612.333.9012 www.artspace.org/artspace-consulting | @artspaceconsult | consulting@artspace.org Artspace is a national nonprofit that serves both artists and communities. We help artists by developing projects that serve their needs. We help communities leverage the power of the arts to become stronger, livelier, and safer. Since 1979, Artspace has brought its hard- earned expertise to more than 300 cultural facility planning efforts from coast to coast. With headquarters in Minneapolis and offices in Los Angeles, New Orleans, New York, Seattle and Washington, D.C., our services include consulting, property development and asset management. Working at the intersection of urban planning, real estate, and the arts, Artspace is the national leader in artist-led community transformation. Northern Warehouse Artists’ Cooperative, St. Paul, MN Photo by Marc Nordberg Introduction to Preliminary Feasibility Study The Preliminary Feasibility Study provides preliminary feedback about the feasibility of creating a live/work, multi-use, or other arts facility development. There are six areas of consideration: 1.Project Concept 2. Arts Market 3. Local Leadership 4. Funding and Finance 5. Potential Sites 6. Alignment with Community Goals The study kick-starts the process of creating affordable space for artists. It is the first step Artspace takes on its own development projects. As part of this fact-finding process, the Artspace team meets with artists, city officials, funders, and other stakeholders. They look at potential properties and hold a public meeting to welcome community participation, answer questions, and generate buzz. Who Might Benefit: •City Governments/Civic Organizations •Arts and Cultural Organizations •Downtown Organizations What is Included: •Consulting phone/email time in preparation for the visit, including review of invitation lists, agenda, and potential building/sites, and past studies •Original Artspace materials to assist in preparing and sharing information regarding the visit •Two-day visit to facilitate focus groups, tour potential sites, hear from the local community, and present at a public meeting •Written report summarizing Artspace’s findings and recommended next steps ATTACHMENT 2 What to Expect from a Typical Preliminary Feasibility Visit: Each visit is customized to meet the needs of the community and project. Unique meetings/events suitable to the community’s needs may be substituted. Day 1 • Site Tour o Tour potential sites/buildings o Visit existing creative spaces and arts communities (e.g. studios, creative businesses, and key arts organizations) • Dinner with Core Group Day 2 • Continuation of Site Tour o Explore additional potential sites and creative spaces • Working Lunch: Overview of study with Core Group o Discuss site tour impressions and the six areas of consideration • Artists, Creatives, and Arts Organizations Focus Group o Learn about the creative community’s space needs, market for renting creative space, and economic considerations • Funding and Financing Leadership Focus Group o Learn more about potential funding sources for a project; gauge the interest of local finance and business leaders • Public Meeting o Present to the community about Artspace and the economic and community impact of the arts; build support, and facilitate Q&A Day 3 • Civic Leadership Focus Group o Learn more about broader community goals, current initiatives and local priorities • Working Lunch: Debrief with Core Group Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager Jerry Dahl, City Attorney DATE: January 28, 2019 SUBJECT: Boards and Commissions Appointments ISSUE: Procedures for appointments to Boards and Commissions BACKGROUND: Section 9.1 of the Wheat Ridge City Charter gives the City Council “the power and authority to create boards and commissions as deemed necessary including advisory and appeal boards.” Section 2.52 of the Wheat Ridge Code of Laws established the Cultural Commission, Parks and Recreation Commission, Build Code Advisory Board, Planning Commission and Board of Adjustment. City Council has also established the following Commissions, Authorities and Committees: Election Commission, Housing Authority, Liquor Licensing Authority, Urban Renewal Authority and the Active Adult Center Committee. Section 2.53(b) of the Wheat Ridge Code of Laws states that “All boards and commissions shall…be appointed by a majority vote of the members of the city council.” This section does not govern other entities, such as authorities, which have their own appointment requirements established by state statute. The Urban Renewal Authority is one of two City authorities that have statutory requirements. Section 25-24 of the Wheat Ridge Code of Laws states that “Each appointment to the (urban renewal) authority shall be made by the mayor subject to approval by majority vote of the entire city council.” This requirement (for Mayoral appointment and ratification by Council) is required by the state urban renewal law, at CRS 31-25-104: “…The commissioners who are first appointed must be designated by the mayor to serve for staggered terms…” “All mayoral appointments and chair designations are subject to approval by the governing body of the municipality…” The Housing Authority is authorized by state statute at CRS 29-4-205. The statute allows the City to either designate the City Council itself as the housing authority board, or to appoint a separate board. The City Council took the second option in 2001. When that option is taken, the statute provides that the Mayor appoint the housing authority members, subject to confirmation by the Council. CRS 29-2- 205(3)(c). 2 2019 APPOINTMENTS: There are fourteen Board and Commission seats with terms ending March 2, 2019 and one open seat on the Election Commission. The City Clerk’s Office advertised these open seats on the City’s website, in the Wheat Ridge Transcript and other City social media sites. Applications are due on February 1, 2019. City Council is scheduled to make appointments on February 25, 2019. ATTACHMENTS: 1. Wheat Ridge City Charter Chapter IX – Boards and Commissions 2. Wheat Ridge Code of Laws Article III – Boards and Commissions 3. Wheat Ridge Code of Laws Chapter 25 – Urban Renewal 4. Resolution 01-2001 – Establishing the Wheat Ridge Housing Authority 5. Board & Commission Application 6. 2019 Board & Commission Renewals CHAPTER IX. - BOARDS AND COMMISSIONS Sec. 9.1. - Existing boards and commissions. All boards and commissions in existence at the time of adoption of this Charter, shall continue in existence as provided in the respective ordinances, except as otherwise provided by ordinance or this Charter. Sec. 9.2. - Right to establish. The council shall have the power and authority to create boards and commissions as deemed necessary including advisory and appeal boards. Advisory boards may be created by resolution. All other boards and commissions, including appeal boards, shall be created by ordinance, which shall set forth the powers and duties delegated to such board or commission. Sec. 9.3. - Appointments to boards or commissions. The council shall make all appointments to all boards and commissions and shall specify the term of office of each individual in order to achieve overlapping tenure. All boards and commissions shall have approximately equal representation from each council district. All members shall be residents of the city, registered voters and shall be subject to removal for just cause by the council. The council shall also make appointments to fill vacancies for unexpired terms. Sec. 9.4. - Procedures of boards and commissions. Each board and commission shall operate in accordance with its own rules of procedure except as otherwise directed by the council. All meetings of any board or commission shall be open to the public except that any board or commission may hold an executive session provided that the same provisions that apply to the city council in section 5.7 shall be applicable. Minutes of all board and commission meetings shall be kept in the office of the city clerk. ATTACHMENT 1 ARTICLE III. - BOARDS AND COMMISSIONS[3] Footnotes: --- (3) --- Charter reference— Boards and commissions, § 9.1 et seq.; election commission, § 2.4. Cross reference— Urban renewal authority, § 25-21 et seq. Sec. 2-51. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Capital construction shall mean any major improvement which tends to be of a permanent nature and which becomes a fixture for the city; for purposes of this article, this term shall include, but not be limited to, land purchase, construction of buildings, roadways, bridges, irrigation systems, sidewalks and other projects of a permanent nature, as well as the major replacement thereof. Employee shall mean an individual paid salary or wages by the city, but shall not include those persons who receive payment from the city for services on a contract basis or elected officials. Maintenance shall mean any activity involving the routine repair or upkeep of an existing facility, equipment or improvement which is intended to preserve such facility, equipment or improvement from deterioration or decline and to thereby extend its useful life. Maintenance shall apply only to existing facilities, equipment or improvements and shall not apply to new construction. (Code 1977, § 2-15) Sec. 2-52. - Establishment. The following boards and commissions of the city are hereby established: Cultural commission, parks and recreation commission, building code advisory board, planning commission, and board of adjustment. (Code 1977, § 2-16; Ord. No. 1259, § 2, 8-12-02; Ord. No. 1260, § 2, 8-12-02; Ord. No. 1263, § 1, 9-4-02; Ord. No. 1569 , § 2, 3-23-15) Sec. 2-53. - Qualifications of members; appointment and term; removal; vacancies. (a) Members of all boards and commissions shall be residents of the city and registered voters. Members of all boards and commissions shall be at least eighteen (18) years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall hold elective governmental office for the city or be employed by the city during tenure as a member of a board or commission. Except for members of the election commission, no board or commission member shall simultaneously serve on more than one (1) city board or commission. (b) All boards and commissions shall consist of eight (8) regular members, unless a different number is provided by ordinance, to be appointed by a majority vote of the members of the city council. Regular members of all boards and commissions shall have equal voting strength of their respective board or commission, and shall be authorized to attend, participate in, and vote at their respective board or commission meetings. The attendance of a majority of the members of the board or commission ATTACHMENT 2 shall constitute a quorum for the transaction of business at each meeting of such boards and commissions, and, except as provided herein in subsection (d), the affirmative vote of a simple majority of the members present shall be required to adopt any motion or make or ratify any decision of the board or commission. (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve additional three-year terms of office. All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident. Except as provided in subsection (e) hereof, all members of boards or commissions presently serving shall be entitled to complete the terms for which they were appointed and shall be subject to reappointment at the discretion of city council. (d) Notwithstanding any other provision in this section, the following voting rules shall be in effect for all matters requiring decision by the board of adjustment to grant any variance, waiver, temporary building or use permit, any interpretation or floodplain special exception permit (or for any matter requiring decision by the planning commission or the city council under Section 26-6(D) of the Zoning Ordinance of the city): Members Present Votes Needed to Approve 8 6 7 6 6 5 5 4 All other actions shall be taken by majority vote of the members present. (e) Any board or commission member may resign his term of office at will. Any board or commission member may be removed from office by the city council, after public hearing before the council, by majority vote, for reasons of inefficiency, neglect of duty, malfeasance in office, or violation of established rules and procedure. Any time a member of a board or commission is absent from more than twenty-five (25) percent of the meetings held by the board or commission within any calendar year, such member shall automatically cease to be a member of the board or commission, unless absences are determined as excused absences and are voted upon by a majority of remaining members of the board or commission. Excused absences could include illness, death in the family or emergencies. In addition, any time a member of a board or commission is absent a sufficient number of times to cause the chairman of the board or commission to believe that such absences are impairing the proper functioning of the board or commission, the chairman of the board or commission shall notify the city council, which shall hold a hearing to determine if such member shall be removed for neglect of duty. A board or commission member who is not a resident within his represented district, as permitted by section 2-53(c), may be removed and the vacancy thereby created filled only in the event one of the foregoing conditions applies. Other than as permitted by section 2-53(c),any board or commission member who shall change his personal residence to an address outside the city or the district he represents shall cease to be a member of the board or commission, and his seat shall automatically be deemed vacated as of the date on which he ceased to be a resident of the city or of the district. Vacancy on any board or commission, whether resulting from resignation, removal by the council or other cause, may be filled by a new appointment by the city council. Such appointment shall be for that portion of time remaining in the term which the new member has been appointed to fill. (f) Upon appointment to a city board or commission, the member shall be provided a packet of materials prepared by the department which works with that board or commission, to enable the member to better carry out his function and duties. The materials shall include, without limitation, copies of the rules or bylaws of the board or commission, all relevant ordinances and/or charter provisions, and any other materials deemed relevant by staff or city council. Upon assuming his place as a member of a board or commission, each member shall take an oath, administered by the mayor or his designee at a regularly scheduled council meeting or in the office of the city clerk, thereby swearing or affirming to uphold the Constitution of the United States and the state, and the charter and ordinances of the city. (Code 1977, § 2-17; Ord. No. 1989-799, § 1, 6-12-89; Ord. No. 1992-892, § 1, 3-23-92; Ord. No. 1996-1030, § 1, 6-10-96; Ord. No. 1996-1031, § 1, 6-24-96; Ord. No. 1997-1105, § 1, 1-12-98; Ord. No. 1998-1124, § 1, 6-22-98; Ord. No. 2000-1189, §§ 1, 2, 3-27-00; Ord. No. 1511, §§ 1, 2, 6-11-12) Sec. 2-54. - Administration. (a) All boards and commissions may create and maintain rules of procedure to govern the administration of the provisions of this article. No rule shall be in conflict with any of the provisions of this article or any other ordinance of the city or any city charter provision. Such rules and regulations shall be adopted to maintain the efficient administration of the provisions of this article, to protect the public interest, and to preserve the rights and responsibilities of involved parties. (b) Each board or commission shall annually elect a chairperson. The chair shall be on a rotating basis. It shall be the responsibility of the chairperson to preside at all meetings of the respective board or commission. An alternate chairperson may be elected to serve to assist the chairperson and to serve in the absence of the chairperson. (c) All boards and commissions may utilize city facilities for their meetings, hearings, and other deliberations, subject to the approval of the office of the director of administrative services. (d) All boards and commissions shall be provided with sufficient funds by the city to hire a recording secretary, if needed, who will serve at the pleasure of the department head assigned to the board to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the boards and commissions shall from time to time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to work with the board or commission. (e) Except as otherwise stated in this article, all boards and commissions shall formulate rules and regulations setting forth their duties, guidelines and standards of procedure. These duties, guidelines and standards of procedure shall be approved by the city council and, once approved by the city council, shall become binding on each board or commission as the official rules and regulations of that board or commission. (f) Each board and commission established in this article shall meet regularly as necessary. In no event shall any board or commission meet less than once each calendar quarter of each year. (Code 1977, § 2-18) Sec. 2-55. - Cultural commission. (a) Membership. Members of the cultural commission shall be appointed and serve in accordance with section 2-53, except that the cultural commission shall consist of nine (9) members: two (2) members shall be appointed from each council district, and one (1) member shall be appointed by the city manager, to serve at large. (b) Duties. The duties of the cultural commission shall be: (1) To cooperate with city staff in the promotion and administration of public programs and policies concerning culture and the arts; (2) To promote artistic endeavors within the city by encouraging appreciation of culture and the arts, providing an arts resource and a forum for communication, developing and recommending cultural programs to the city council and promoting the growth of arts organizations in the city and assisting such organizations in reaching greater audiences; (3) To make recommendations on issues concerning culture and the arts to the city council; (4) To promote and develop positive relationships with other persons and entities interested in promotion of culture and the arts, including for-profit and non-profit arts organizations, other public agencies and community members; (5) To seek citizen input and advice on the management of public art; and (6) To assist the city in the submission of grant proposals and fund raising activities, as directed by the city manager. (Ord. No. 1263, § 2, 9-4-02) Editor's note— Ord. No. 1260, § 3, adopted on Aug. 12, 2002, repealed § 2-55 in its entirety. Former § 2-55 pertained to the personnel commission and derived from 1977 Code, § 2-19, Ord. No. 1990-826, § 1, 3-12-90 and Ord. No. 1998-1144, § 9, 12-14-98. Ord. No. 1263, § 2, adopted on Sept. 4, 2002, reenacted § 2-55 with provisions for a cultural commission. Sec. 2-56. - Reserved. Editor's note— Ord. No. 1569 , § 3, adopted March 23, 2015, repealed § 2-56 which pertained to the animal welfare and control commission and derived from § 2-20 of the 1997 Code; Ord. No. 1998-1118, § 1, adopted May 18, 1998; Ord. No. 1998-1135, § 2, adopted Nov. 9, 1998; and Ord. No. 1198-1144, § 10, adopted Dec. 14, 1998. Sec. 2-57. - Parks and recreation commission. (a) The parks and recreation commission shall advise the mayor, city council, and city manager on all matters within the scope of chapter 17 of this Code. (b) The duties of the parks and recreation commission shall be: (1) To regularly consult with the director of parks and recreation; (2) To review all existing and proposed legislation relating to parks and recreation matters; (3) To make recommendations on parks and recreation matters to the city council; (4) To act as liaison between the department of parks and recreation and the community at large; (5) To promote and develop positive relationships with community groups, other public agencies and the general public; (6) To encourage the widest possible citizen understanding of parks and recreation activities; (7) To seek citizen advice and support for the proper management and operation of parks and recreation facilities. (c) The parks and recreation commission shall have the authority to promulgate rules and regulations for the proper management, operation, and control of the parks, parkways, and other recreational facilities within the city. These rules and regulations and amendments to such rules and regulations shall be adopted by a majority vote of the commission. The rules and regulations and amendments to such rules and regulations shall be effective upon approval by a majority vote of the city council. Such rules and regulations shall be promulgated according to standards published and submitted by the commission and approved by the city council. (Code 1997, § 2-21; Ord. No. 1998-1144, § 11, 12-14-98) Cross reference— Parks and recreation, Ch. 17. Sec. 2-58. - Reserved. Editor's note— Ord. No. 1324, § 1, adopted May 10, 2004, repealed § 2-58 in its entirety. Former § 2-58 pertained to the arborist board and derived from Code 1977, § 2-22 and Ord. No. 1998-1144, § 12, adopted Dec. 14, 1998. Sec. 2-59. - Building code advisory board. (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of the "International Building Code," as adopted by section 5-76 of this Code. (b) The building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, and shall have such other duties as set forth in this chapter. (c) The board shall consist of five (5) members, one (1) appointed from each of the four (4) council districts, and one (1) at-large member, all of whom shall be qualified by experience and trained to pass upon matters pertaining to building construction. The board shall have representatives from the following categories as regular members of the board: One (1) licensed engineer; one (1) licensed architect; one (1) builder; and two (2) members from fields related to the construction industry. The alternate members of the building code advisory board may be members from any fields related to the construction industry. Alternates may be appointed to fill vacancies in the regular membership of the board. In the event there are not sufficient qualified candidates from the required fields to fill any vacancy on the board, the city council shall be permitted to appoint any otherwise qualified person from one (1) of the other fields to fill such vacancy. A quorum shall consist of three (3) members including any alternate serving in the absence of a regular member. (d) The board shall review an appeal from any written final decision of the chief building inspector at its next regularly scheduled meeting, but not earlier than five (5) days from the date of submission of the appeal. Any such appeal shall be made in writing within ten (10) days of the final written decision of the chief building official upon the building division forms designated for such purposes. The board shall not have the authority to recommend decreasing public safety. (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall be pursuant to subsection (d) above. In all hearings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence in his own behalf, and cross-examine witnesses presented against him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) The building code advisory board shall have the authority to promulgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board. (g) The board shall have the right to overturn decisions on the basis that the decision causes undue economic hardship, provided such decision does not decrease the public safety nor violate county, state or federal law. (Code 1977, § 2-23; Ord. No. 1478, § 1, 2-28-11) Cross reference— Buildings and building regulations, Ch. 5. Sec. 2-60. - Planning commission. (a) The planning commission shall develop and prepare a master plan for the physical, economic and social development and continuance of the city. The planning commission shall hold a public hearing on the plan and make its recommendations to the city council. The city council shall adopt and approve the master plan after holding public hearing and shall authorize the city clerk to have the master plan recorded at the county. The master plan shall be called the "Comprehensive Plan for the City of Wheat Ridge" and shall be hereafter in this article referred to as "the comprehensive plan." It shall include, but not be limited to, the following: Established character, goals and objectives; population; land use; economic base; public facilities; parks and open space; transportation; prevention of pollution; and resource conservation. (b) Amendments to the adopted chapters of the comprehensive plan or new proposed chapters to the comprehensive plan shall be initiated by the planning commission or referred to the planning commission by the city council for the planning commission's recommendation. No such amendment shall be final until acted upon by the city council, which may approve, amend or deny such recommendation in whole or in part following public hearing. The planning commission shall approve or disapprove amendments to the master plan or comprehensive plan submitted to it by city council within sixty (60) days after such submission. The date of submission shall be the date the city council makes its decision to submit the matter to the planning commission. The approval or disapproval shall be in the form of recommendations to the city council after all necessary public hearings have been held. Failure to make said written recommendations to city council within sixty (60) days shall be deemed a recommendation for approval without comment to the city council, and a resolution to that effect shall be issued by the planning commission. (c) The planning commission shall approve or disapprove or perform any necessary action upon any other matter properly referred to it by the city council within sixty (60) days from the date of the decision to submit the matter to the planning commission. Failure to approve or disapprove or to undertake the requested activity within the sixty-day time period shall be deemed a recommendation for approval without comment or a referral back to the city council for performance of the requested activity in accordance with established procedures concerning notice to the general public and public hearings. (d) The city council may extend the sixty-day period based upon a finding that such extension would serve the best interests of the city. (e) The planning commission shall hold a public hearing on all land use cases as prescribed by chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission shall pass a resolution which makes a recommendation to the city council. (f) Amendments to the zoning and development regulations may be initiated by the planning commission or referred to it by the city council. The commission's recommendation shall be forwarded to the city council for amendment and/or approval. (g) Public hearings for development plans for planned development zoning shall be conducted using the procedures outlined in chapter 26, article III. (h) After holding a public hearing on major subdivision plats, the planning commission shall make a recommendation to the city council, with final action taking place at the city council. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (i) Minor subdivision plats shall be heard and approved by the planning commission at a public hearing. Public hearings shall be conducted following procedures outlined in the subdivision regulations. (j) Wherein the planning commission has denied a minor subdivision, an applicant may appeal that decision to city council. (Code 1977, § 2-24; Ord. No. 1352, § 1, 9-26-05; Ord. No. 1515, § 12, 7-9-12; Ord. No. 1547 , § 2, 4-28-14) Cross reference— Urban renewal, Ch. 25; zoning and development, Ch. 26. State Law reference— Planning commissions, C.R.S. § 31-23-201 et seq. Sec. 2-61. - Board of adjustment. (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance, floodplain zoning ordinance, and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in the Zoning Ordinance, section 26.D., and as approved by the city council in the form of official rules and regulations for the board of adjustment. (b) The board of adjustment has the responsibility, in accordance with the Zoning Ordinance, section 26.D., to permit in any district a temporary building which is used for a permitted use in that district, or a temporary use of land which is not allowed in that district; such permit is to be issued for no longer than one (1) year per application. (c) In exercising the above-mentioned powers, the board may, in conformity with all other appropriate provisions of law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the zoning administrator. (d) The board of adjustment shall hold a public hearing on all applications and appeals, in accordance with public hearing notice and procedure requirements set forth in section 26.D. and F. of the Zoning Ordinance, with the following special conditions required: (1) Any final determination of the board of adjustment shall be reported in writing over the signature of the chairman of such board, and a copy of such report shall be furnished the applicant, the planning commission and the city clerk. The board of adjustment shall authorize issuance of any permits, licenses or other instruments necessary to implement or enforce such determination. (2) Every decision of the board on any case shall be by resolution indicating the reasons of the board therefor. (3) The final disposition of any appeal from the zoning administrator before the board of adjustment shall be in the form of a resolution either affirming, reversing or modifying the order, requirement, decision or determination appealed from. If a resolution fails to receive the required number of votes as set forth by section 2-53(d) in favor of the appellant upon appeal or of the application for a variation from the zoning regulations, the action will be deemed equivalent to a denial, and a resolution denying such application or appeal shall be formally entered upon the record. (4) No request to grant a hearing will be entertained unless new evidence is submitted which could not have been, with due diligence, presented at the previous hearing or at least one (1) year has passed since the date of the decision on the previous application or appeal. (5) Any variance granted by the board of adjustment or planning director shall automatically expire within one hundred eighty (180) days of the date it was granted, or within such other time as the board of adjustment or planning director may prescribe, unless a building permit for the variance is obtained within such period of time. If the building permit expires, the variance shall expire at the same time. Extensions of time may be granted for good cause shown, but only if an application for the extension is made prior to the expiration of the variance. (e) The board shall adopt bylaws and rules of procedure that shall be approved by a majority vote of the city council. (f) Appeals of any decision of the board of adjustment may be made by any application or the city to the district court. (Code 1977, § 2-25; Ord. No. 1989-799, § 2, 6-12-89; Ord. No. 1992-889, § 1, 2-10-92) Cross reference— Zoning and development, Ch. 26. State Law reference— Board of adjustment, C.R.S. § 31-23-307. Sec. 2-62. - Reserved. Editor's note— Ord. No. 1259, § 3, adopted Aug. 12, 2002, repealed § 2-62 in its entirety. Former § 2-62 pertained to the civil service commission. For a detailed history of former § 2-62 see the Code Comparative Table. Secs. 2-63—2-70. - Reserved. Chapter 25 - URBAN RENEWAL[1] Footnotes: --- (1) --- Cross reference— Planning commission, § 2-60; zoning and development, Ch. 26. State Law reference— Home rule powers, Col. Const. Art. XX, § 6. ARTICLE I. - IN GENERAL Secs. 25-1—25-20. - Reserved. ARTICLE II. - URBAN RENEWAL AUTHORITY Sec. 25-21. - Findings of fact. Based upon all of the evidence presented to it at a public hearing, notice of which was duly published, and after considering such factors as the physical condition and age of the buildings in particular areas of the city, the aggravated traffic problems created by present street layouts in portions of the city, and the impairment of sound commercial growth patterns within portions of the city and their adverse effect upon the future development of the city, the city council hereby finds as follows: (1) One (1) or more blighted areas exist within the city; and (2) The acquisition, clearance, rehabilitation, conversion, development, redevelopment or a combination thereof, of such areas is necessary in preserving and ensuring the public health, safety and welfare of the residents of the city. (Code 1977, § 23-1; Ord. No. 1229, § 1, 10-8-01) Sec. 25-22. - Declaration of need for authority. The city council hereby declares that it is in the public interest for an urban renewal authority, created pursuant to the Urban Renewal Law, C.R.S. § 31-25-101 et seq., to function within the city and to exercise the powers provided therein, except as the same may be limited, constrained or proscribed by any approved and adopted urban renewal plan. (Code 1977, § 23-2; Ord. No. 1992-897, § 1, 6-8-92; Ord. No. 1229, § 1, 10-8-01) Sec. 25-23. - Urban renewal authority—Rights and duties generally. The Wheat Ridge Urban Renewal Authority is hereby organized and established. Such authority is hereby vested with all of the rights contained, and is authorized to carry out all of the duties and functions as provided in the Urban Renewal Law, C.R.S. § 31-25-101 et seq., as it now exists or as amended in the future, unless such powers and authorities are limited or constrained by or within any approved urban renewal plan. (Code 1977, § 23-3; Ord. No. 1992-897, § 2, 6-8-92; Ord. No. 2000-1197, § 1, 6-12-00; Ord. No. 1229, § 1, 10-8-01) Sec. 25-24. - Same—Appointment of members; number. ATTACHMENT 3 The authority shall consist of seven (7) members, one (1) of such members being from each of the existing, or hereafter altered, city council districts, and three (3) members to serve at large. If, after reasonable advertisement, no applications are received from residents within the relevant city council district for a vacancy on the authority, any otherwise qualified resident of the city may be appointed. The at large members may include one (1) elected city official (excluding the mayor), and/or one (1) non-resident individual who owns an interest in or is a corporate officer of a licensed business in good standing located within the city. Each appointment to the authority shall be made by the mayor subject to approval by majority vote of the entire city council. The term of office of each member shall be five (5) years. Any member (with the exception of a nonresident business owner member) who shall change his personal residence to an address outside the city or outside the district he represents shall cease to be a member of the authority and his seat shall automatically be deemed vacant as of the date on which he ceased to be a resident of the city or of the district. Any nonresident business owner member whose business is no longer in good standing with the city or whose business ceases operations or moves outside the city limits shall cease to be a member of the authority and the member's seat shall be deemed vacant as of the date of that occurrence. A member whose term has expired shall continue to hold office until his successor has been appointed and has qualified. Terms of office shall be staggered so that the term of at least one (1) member shall expire each year. The city council may appoint any number of ex-officio nonvoting members to serve for terms at the pleasure of the city council. (Code 1977, § 23-4; Ord. No. 1992-897, § 3, 6-8-92; Ord. No. 2000-1191, § 1, 4-10-00; Ord. No. 2000-1197, § 2, 6-12-00; Ord. No. 1229, § 1, 10-8-01; Ord. No. 1312, § 1, 10-27-03; Ord. No. 1403, § 1, 10-8-07; Ord. No. 1432, § 1, 2-23-09) Sec. 25-25. - Reserved. Editor's note— Ord. No. 2000-1190, § 1, adopted April 10, 2000, repealed § 25-25, which pertained to additional duties of the Urban Renewal Authority and which derived from Ord. No. 1997-1078, adopted July 14, 1997. CITY OF WHEAT RIDGE COLORADO RESOLUTION NO 01 2001 Series of 2001 TITLE A RESOLUTION DECLARING THE NEED FOR AND ESTABLISHING A HOUSING AUTHORITY TO FUNCTION IN THE CITY OF WHEAT RIDGE COLORADO WHEREAS a petition of more than twenty five 25 residents has been filed with the City Clerk of the City of Wheat Ridge setting forth that there is a need for a housing authority and no similar petition has been denied by the City Council within three months of the date of the filing of the aforesaid petition and WHEREAS a public hearing was conducted on January 22 2001 upon due notice given pursuant to The Housing Authorities Law of the State of Colorado C R S 29 4 201 et seqas amended and WHEREAS following said public hearing the City Council determined that unsanitary and unsafe inhabited dwelling accommodations exist in the City of Wheat Ridge Colorado and there is a lack of safe sanitary and affordable dwelling accommodations in the City of Wheat Ridge Colorado available for all the inhabitants thereof including low income persons and first time home buyers and WHEREAS the aforesaid conditions in the City of Wheat Ridge Colorado compel persons of low income and first time home buyers to occupy unsanitary and unsafe dwelling accommodations or over crowded and congested dwelling accommodations that such conditions create barriers for first time home buyers that the aforesaid conditions cause an increase in the spread of disease and crime that the clearance and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations at rents and prices which persons of low income and first time home buyers can afford are public uses and purposes NOW THEREFORE BE IT RESOLVED by the Wheat Ridge City Council that Section 1 There is hereby created a housing authority Housing Authority to function in the City of Wheat Ridge Colorado in accordance with The Housing Authorities Law Section 2 The Housing Authority shall have and exercise those powers necessary or convenient to carry out and effectuate the purposes and provisions of The Housing Authorities Law as more specifically set forth in C R S 29 4 209 provided that any contract or agreement with the Jefferson County Housing Authority concerning the management or operations of the Housing Authority shall be subject to the approval by majority vote of the entire City Council Provided further that The Housing Authority lCM53027 364744 01 ATTACHMENT 4 shall not exercise the power of eminent domain without prior approval by majority vote of the entire City Council Section 3 In accordance with Section 29 4 205 3 of The Housing Authorities Law the Housing Authority shall consist of five 5 commissioners four of such commissioners being from each of the existing or hereafter altered city council districts and one commissioner being a member of City Council Section 4 The Mayor is hereby authorized to appoint such commissioners and to designate the first chairperson subject to the approval by majority vote of the entire City Council Section 5 The Mayor is hereby directed to file in the office of the City Clerk of the City of Wheat Ridge Colorado the necessary certificate evidencing the appointment of the Commissioners and designation of the first Chairperson of the Housing Authority pursuant to Section 29 4 205 3 of The Housing Authorities Law of the State of Colorado DONE AND RESOLVED this 24th day of January 2001 ATTEST jni iztLv Wanda Sang City Cle lCM53027 364744 01 2 Board & Commission Application PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION PER APPLICATION APPLICATION FOR APPOINTMENT TO THE: (BOARD/COMMISSION/COMMITTEE) DATE: DISTRICT HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKING THIS APPOINTMENT? DO YOU HAVE EXPERIENCE IN THIS AREA? HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ZIP: SIGNATURE PLEASE PRINT OR TYPE NAME: ADDRESS: HOME PHONE: BUSINESS or CELL PHONE: E-MAIL ADDRESS: APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 5 2017 Board Commissions Appointments 1 Term Ending BOARD DISTRICT Current Member Address Zip ltr mailed Reapplied?OTHER APPLICANTS 03/02/2019 Board of Adjustment I Betty Jo Page 6185 W. 29th Ave.80214 12/31/2018 YES 03/02/2019 Board of Adjustment II David Kuntz 3244 Taft Court 80033 12/31/2018 YES 03/02/2019 Board of Adjustment Alter Rocco Germano 6410 W. 47th Ave.80033 12/31/2018 03/02/2019 Building Code Advisory Board II Robert Phillips 4280 Reed Street 80033 12/31/2018 03/02/2019 Liquor Authority I Robert Alldredge 2890 Lamar 80214 12/31/2018 NO Resigned effective 3/19 03/02/2019 Liquor Authority II Anthony Davia 8295 W. 38th Ave.80033 12/31/2018 YES Lenny Ortiz 03/02/2019 Liquor Authority III John Miks 9855 W. 34th Dr.80033 12/31/2018 NO Resigned effective 3/19 03/02/2019 Liquor Authority IV Claudia Worth 4650 Oak St.80033 12/31/2018 NO Resigned effective 1/10/19 - Cynthia Shaw 03/02/2019 Parks & Recreation Commission I David Kueter 5837 W. 29th Ave.80214 12/31/2018 NO resigned effective 1/30/19- appt to council 03/02/2019 Planning Commission I Alan Bucknam 3300 Ingalls St.80033 12/31/2018 NO Resigned effective 3/19 - Jahi Simbai 03/02/2019 Planning Commission II Scott Ohm 3860 Allison Circle 80033 12/31/2018 YES Rocky Germano 03/02/2019 Planning Commission III Emery Dorsey 8866 W. 32nd Place 80033 12/31/2018 NO retired 1/31 03/02/2019 Renewal Wheat Ridge I Michele Koons 3510 Pierce St.80214 12/31/2018 YES 03/02/2019 Renewal Wheat Ridge III Tim Rogers 10495 W. 35th Pl 80033 12/31/2018 YES 12/02/2018 Election Commission At Large 1 open Sunny Garcia VACANCIES RENEWALS 2017 Board Commissions Appointments 2 Notes - OATH TAKEN New Term Ending BOARD DISTRICT Current Member DISTRICT I ltr mailed emailed council Reapplied? Hoppe OTHER APPLICANTS Notes