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HomeMy WebLinkAboutCity Council Agenda Packet 01-27-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 27, 2020 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Council Minutes of January 13, 2020 APPROVAL OF AGENDA 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 on an Agenda Item, please sign the GENERAL AGENDA ROSTER. c. Citizens who wish to speak on a Public Hearing item, please sign the PUBLIC HEARING ROSTER before the item is called to be heard. d. Citizens who wish to speak on Study Session Agenda Items for a maximum of 3 minutes and sign the STUDY SESSION AGENDA ROSTER. 1. CONSENT AGENDA a. Resolution 08-2020 - a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $36,268 for the replacement of a Police department vehicle CITY COUNCIL AGENDA: January 27, 2020 Page -2- b. Motion to approve the purchase and payment of 2020 vehicle replacements and the purchase and payment for installation of lighting, auxiliary and communications equipment in a total amount not to exceed $456,544 c. Motion to approve the purchase of Tandem Equipment Upfit to Auto Truck Group of Colorado Springs, Colorado at a total cost not to exceed $111,879 d. Resolution No. 09-2020 - a resolution approving an intergovernmental agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $79,189 e. Motion to approve payment for the purchase of a 2020 Caterpillar backhoe to Wagner Equipment Company of Aurora, Colorado at a total cost not to exceed $124,239.03 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 01-2020 - an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff ORDINANCES ON FIRST READING 3. Council Bill No. 02-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements DECISIONS, RESOLUTIONS AND MOTIONS CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 13, 2020 Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Zachary Urban Judy Hutchinson Amanda Weaver Leah Dozeman Rachel Hultin Korey Stites Valarie Nosler Beck Also present: City Clerk, Steve Kirkpatrick: City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; RWR Executive Director and Economic Development Manager, Steve Art; other staff, guests and interested citizens. Mayor Starker read and presented a Proclamation in support of National Radon Action Month January 1-31, 2020 to staff from Jefferson County Public Health. There is a statewide, coordinated effort to encourage residents to do radon monitoring and abatement. APPROVAL OF Council Minutes of November 25, 2019 and Study Session notes of December 2, 2019, December 16, 2019 and January 6, 2019 There being no objections, the City Council minutes of November 25, 2019 and Study Session notes of December 2, 2019, December 16, 2019 and January 6, 2019 were approved as published. APPROVAL OF AGENDA Without objection on motion by Councilmember Hultin, tonight’s Agenda item 1A is postponed to separate discussion later in this meeting. With that change, without objection, the Agenda was adopted. CITIZENS’ RIGHT TO SPEAK This item began at 7:07 pm, approximately 7 minutes into the recording of the meeting. Jennifer Yates, WR resident, spoke on behalf of the WR High School after Prom Committee. Her Committee of volunteers works to provide a drug- and alcohol-free, safe environment for students to continue celebrating after the prom ends. She asked for WR citizens’ support, in the form of donated funds or donations of in-kind goods and services, especially food and soft drinks. Lori Johnson, WR resident, spoke about possible bans of all vaping products and devices, or bans of flavored vaping solutions. Lori said that as a former smoker herself City Council Minutes January 13, 2020 page 2 she has worked for years to help others control their nicotine addiction. She asserted that she has seen vaping products provide invaluable help to adults and young people alike who are progressing from smoking tobacco to a nicotine-free lifestyle. She asked that Council carefully investigate and consider all potential consequences of any kind of vaping ban, intended and unintended, especially for people striving to quit smoking or otherwise using tobacco or other products containing nicotine. Adam Becker, WR resident, introduced himself as a proudly new WR resident, and recounted the story of how he and his family found their dream home and moved to WR. Mr. Becker expressed interest in contributing to the City he sees as the future for his family for manty years to come. He stated he has a degree in Political Science, and would like to put his knowledge and passion to work for the City whenever a suitable opportunity presents itself. 1. CONSENT AGENDA Councilmember Dozeman introduced the Consent Agenda. a. Resolution No. 02-2020, resolution designating the City Hall Lobby as the official public notice posting location and the Wheat Ridge Transcript as the official newspaper of general circulation for the City Publications in 2020 b. Resolution No. 03-2020 – a resolution amending the fiscal year 2019 Capital Improvement Program and Open Space Budgets to reflect the approval of reductions in appropriations in the amount of $4,699,431 and $1,226,125, respectively c. Motion to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and Police Radio Dispatch Services not to exceed $645,743 for 2020 d. Resolution No. 05-2020, a resolution approving the 2020 Police Recruit Training Agreement to provide law enforcement academy training for six Wheat Ridge Police recruits at the Combined Regional Academy e. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2020 property/casualty premium in the amount of $264,952.08 f. Resolution No. 07-2020, a resolution consenting to continued initial resettlement of refugees in Wheat Ridge, Colorado g. Resolution No. 06-2020, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and Jefferson County City Council Minutes January 13, 2020 page 3 regarding roadway improvements in the Wheat Ridge · Ward Road Station area h. Motion to approve payment to Pinnacol Assurance for 2020 workers compensation premium in the amount of $244,289 Motion by Councilmember Dozeman to approve Consent Agenda Items b.), c.), d.), e.), f.), g.), and h.); seconded by Councilmember Urban; motion carried 7-0. Motion by Councilmember Hultin to approve Consent Agenda Item 1a, seconded by Councilmember Dozeman. Councilmember Hultin moved to amend 1a), motion to amend seconded by Councilmember Dozeman to “designate the City’s website as an officially recognized public notification site.” Amendment passed 7-0. The main motion then passed with the amendment language 7-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING Discussion of this item began at approx. 7:16 pm, 16 minutes into the recording of the session. 2. Resolution No. 01-2020 and Council Bill No. 22-2019 – A Resolution making findings of fact regarding a petition for annexation of two segments of Right-of-Way located in section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado and an Ordinance approving the annexation (Case No. ANX-19-01) Councilmember Hultin introduced Resolution No. 01-2020 and Council Bill 22-2019 Improvements to 52nd Avenue have been identified and prioritized as an infrastructure project for the Wheat Ridge · Ward Station area and were specifically listed in the ballot language for the 2016 2E sales tax bond measure. Jefferson County owns two segments of the northern portion of 52nd Avenue right-of-way between Ward Road and Tabor Street, and annexation of those segments into the City of Wheat Ridge will simplify the design, construction and future maintenance of 52nd Avenue. The annexation process is dictated by state statute, and this resolution and ordinance are required steps for approval. City Clerk Kirkpatrick assigned Ordinance 1680. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation City Council Minutes January 13, 2020 page 4 Mr. Johnstone explained the purpose of the proposed Resolution. Public Comment No one came forward to speak. Council Questions Councilmembers had no questions. Mayor Starker closed the public hearing. Motion by Councilmember Hultin to approve Resolution No. 01-2020 - a resolution making certain findings of fact regarding the proposed annexation of land located in Section 17, Township 3 South, Range 69 West of the sixth Principal Meridian, County of Jefferson, State of Colorado, seconded by Councilmember Dozeman; motion carried 7-0. Motion by Councilmember Hultin to approve Council Bill No. 22-2019 – an Ordinance approving the annexation of land located in Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado on second reading, and that it take effect 15 days after publication, seconded by Councilmember Weaver; motion carried 7-0. 3. Council Bill No. 23-2019 – An Ordinance approving The Initial Zoning of property recently annexed into the City and located in Section 17, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State Of Colorado to Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N) (Case No. WZ-19-08 / 52nd Ave Zoning) Councilmember Urban introduced Council Bill 23-2019. Jefferson County is requesting approval of Industrial Employment (I-E), Mixed Use – Commercial Transit Oriented Development (MU-C TOD), and Mixed Use – Neighborhood (MU-N) zoning for right-of-way located along the north portion of 52nd Avenue, between Ward Road and Tabor Street, comprising 1.14 acres of land. The zoning is proposed to match the zoning of the adjacent properties on the south side of 52nd Avenue that are currently within the City of Wheat Ridge boundary. The property annexed and rezoned will be used only for infrastructure improvements as part of the City’s Investing 4 the Future bond program and will be deeded to the City of Wheat Ridge. City Clerk Kirkpatrick assigned Ordinance 1681. Mayor Starker opened the public hearing and swore in the speakers. Public Comment No one came forward to speak. Council Questions City Council Minutes January 13, 2020 page 5 Council had no questions. Mayor Starker closed the public hearing. Motion by Councilmember Urban to approve Council Bill 23-2019 - an ordinance approving I-E, MU-C TOD, and MU-N zoning on property being considered for annexation to the City of Wheat Ridge on second reading, and that it take effect 15 days after publication, seconded by Councilmember Weaver; motion carried 7-0. 4. Council Bill No. 19-2019 – An Ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly Discussion began approximately 7:31 pm, 31 minute into the recording. Councilmember Urban introduced Council Bill 19-2019. The City currently has adopted and/or enforces the following building related codes: • 2012 version of the International Codes, • 2017 National Electrical Code (enforces but has not adopted), and • 2015 National Fire Protection Association (NFPA) 99 Standards for Health Care Facilities. Staff is recommending that City Council adopt the most recent version of the codes: • 2018 version of the International Codes, • 2017 National Electrical Code, and • 2018 National Fire Protection Association (NFPA 99) Standards for Health Care Facilities City Clerk Kirkpatrick assigned Ordinance 1682. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Staff explained the history of adopting these International codes, and the purpose of the new version, including significant changes from the current/old code. City Council Minutes January 13, 2020 page 6 Public Comment Steven Parker and Bruce Kral of West Metro Fire Department spoke in favor of adopting the new building codes in the interest of public safety through fire detection and prevention. They emphasized their support for residential fire sprinkler systems, because they save property and more importantly, lives. John Berry of Denver, a licensed cannabis business owner, spoke in favor of the new building and fire codes, stating that while the extraction processes used nationwide by marijuana businesses involve use of volatile, combustible solvents, the risk to employees and the public under both the existing and new codes is minimal. The industry has a clean track record; no injuries, no deaths from operation of their processes anywhere in the US. Council Questions There were none. Mayor Starker closed the public hearing. Motion by Councilmember Urban to approve Council Bill 19-2019 - an ordinance adopting by reference the 2018 editions of the International Building Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Energy Conservation Code, International Residential Code, International Fire Code, International Existing Building Code, International Swimming Pool And Spa Code, and International Fuel Gas Code; the 2017 edition of the National Electrical Code; the 2018 National Fire Protection Association (NFPA 99) Standard for Health Care Facilities; the 1997 Uniform Code for the Abatement of Dangerous Buildings; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly, order it published and that it take effect on July 1, 2020, with the exception of Appendix F and Appendix T of the 2018 International Residential Code and section 306.2 of the 2018 International Building Code, which shall take effect fifteen days after final publication, seconded by Councilmember Stites; motion carried 7-0. ORDINANCES ON FIRST READING 5. Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff (Case No. ZOA-19-05) Councilmember Stites introduced Council Bill 01-2020. In November 2019, City Council approved an ordinance which effectively modified the City’s organizational chart moving the Engineering Division from the Public Works Department into the Community Development Department. Moving that division City Council Minutes January 13, 2020 page 7 transfers certain responsibilities and duties to the Community Development Department, and this ordinance updates affected code sections to reflect the City’s current organizational structure. Motion by Councilmember Stites to approve Council Bill 01-2020 - an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff, on first reading, order it published, public hearing set for Monday, January 27, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect immediately after final publication; seconded by Councilmember Weaver; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 04-2020, a resolution approving a loan agreement in the amount of $500,000 between the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge Discussion of this item began at approximately 7:53 pm, or 53 minutes into the recording. Councilmember Weaver introduced Item 6. Approval of a Loan Agreement (the Agreement), in the amount of $500,000, with Renewal Wheat Ridge (RWR) to assist in funding improvements associated with a proposed redevelopment of the Gold’s Center located at the northwest corner of 26th Avenue and Kipling Street. Staff Presentation Messrs. Johnstone and Art reviewed the details of the proposed Golds Marketplace development at 26th. Ave and Kipling Parkway. Mr. Adam Radcliffe, Denver, of the firm proposing the development project, also spoke to the uses of the proposed loan. Public Comment No one came forward to speak. Council Questions Request to explain the sources of the capital for this loan and the effective date of the loan term. Will the improvements occur on both 26th Ave and Kipling St.? Mr. Radcliffe answered in the affirmative, and explained the details and purposes of those improvements. Will the bowling alley be retained and kept in its “vintage” state. It will. City Council Minutes January 13, 2020 page 8 Motion by Councilmember Weaver to approve Resolution No. 04-2020, a resolution approving a loan agreement in the amount of $500,000 between the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge and the City of Wheat Ridge; with a change on page 2, Item #1 striking language referring to January 31, 2020 and replacing that language to state, “at such time as approved by the Urban Renewal Authority Board.” Seconded by Councilmember Hultin; carried 7-0. 7. Motion to appoint Wanda Sang and Sunny Garcia to the Election Commission Councilmember Hutchinson introduced Item 7. The two positions on the Election Commission are due for appointment. Wanda Sang and Sunny Garcia currently serve on the Election Commission and both have reapplied. Both individuals meet the qualifications to serve and both have extensive knowledge and experience with elections. Motion by Councilmember Hutchinson to appoint Wanda Sang and Sunny Garcia to the Election Commission, seconded by Councilmember Nosler Beck; carried 7-0. 8. Motion to approve the Mayoral appointments to District I and District IV vacancies on the Wheat Ridge Urban Renewal Authority Board Councilmember introduced Item 8. There are two vacancies on the Urban Renewal Authority Board (the Authority) in City Council Districts I and IV. Five applications were received but only three were from residents residing within the Districts where vacancies currently exist. Each appointment to the Authority shall be made by the Mayor subject to approval by majority vote of the entire City Council. Mayor Starker recommends that Celeste Tanner be appointed to the Urban Renewal Authority Board, District I position, term to expire March 2, 2024. Mayor Starker recommends that Christopher Bird be appointed to the Urban Renewal Authority Board, District IV position, and term to expire March 2, 2021. Motion by Councilmember Hutchinson to approve the Mayoral appointment of Celeste Tanner to the Urban Renewal Authority Board, District I position, term to expire March 2, 2024, seconded by Councilmember Urban; carried 7-0 Motion by Councilmember Dozeman to approve the Mayoral appointment of Christopher Bird to the Urban Renewal Authority Board, District IV position, term to expire March 2, 2021, seconded by Councilmember Urban; carried 7-0 City Council Minutes January 13, 2020 page 9 9. Motion to make appointments to fill vacancies on the Parks and Recreation Commission for District II and District IV Councilmember Nosler Beck introduced Item 9. Due to the recent resignations of Charles Spielman and Christine Taraskiewicz, the District II and District IV seats on the Parks and Recreation Commission are vacant. The terms of these positions end on March 2, 2021 and March 2, 2020 respectively. Motion by Councilmember Hultin to appoint Scott DeJong to the Parks and Recreation Commission for District II to fill a vacancy, term ending March 2, 2021, seconded by Councilmember Urban; carried 7-0 Motion by Councilmember Nosler Beck to appoint Andy Rasmussen to the Parks and Recreation Commission for District IV to fill a vacancy, term ending March 2, 2020, seconded by Councilmember Dozeman; carried 7-0. CITY MANAGER’S MATTERS Mr. Goff spoke about the final stages of appointing a new Chief of Police. CITY ATTORNEY’S MATTERS None. ELECTED OFFICIALS’ MATTERS Council members noted their appreciation for those volunteering to serve on Boards and Commissions. Councilmember Hultin asked staff to revise the standard language on Council Agendas to allow the public until 5:00 pm Friday to request special accommodations. CM Hultin also asked to include a Spanish version of the clause. ADJOURNMENT The meeting adjourned at 8:19 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON February 10, 2020 ______________________________ Janeece Hoppe, Mayor Pro tem City Council Minutes January 13, 2020 page 10 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. ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 08-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,268 FOR THE REPLACEMENT OF A POLICE DEPARTMENT VEHICLE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Public Works Director City Manager ISSUE: Unit 20, a 2006 Chevrolet Trailblazer SUV in the Investigation division of the Police department incurred a major mechanical failure in February 2019 and is beyond repair. Extensive delays were incurred while attempting to determine the scope of the damage and costs thereof. Funding for the purchase of this vehicle requires an additional appropriation from General Fund reserves. A Ford Escape Hybrid 4 wheel drive SUV is available from Sill-Terhar Motors of Broomfield, Colorado through the Colorado State Price Agreement. The state bid price for this vehicle with options is $26,268. Outfitting this vehicle with the appropriate emergency equipment for police use is estimated at $10,000, bringing the total cost of this vehicle to $36,268. PRIOR ACTION: None. FINANCIAL IMPACT: Funding for the purchase of the new Police department SUV, unit 20 including emergency equipment and markings exceeds the current fleet replacement budget, requiring an additional appropriation from the General Fund reserves in the amount of $36,268. 1a Council Action Form – Supplemental Budget Appropriation Unit 20 Replacement January 27, 2020 Page 2 BACKGROUND: Police Investigations unit 20, incurred non-repairable damage from a mechanical failure in February of 2019. Staff requests the purchase of one 2020 Ford Escape Hybrid 4x4 SUV to be used by the Investigations division of the Police department. A supplemental budget appropriation of $36,268 is required for the unscheduled purchase of the 4x4 hybrid SUV, with options and police equipment upfits. RECOMMENDATIONS: Staff recommends that Council approve the supplemental budget appropriation for the purchase of a replacement vehicle. RECOMMENDED MOTION: “I move to approve Resolution 08-2020, a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $36,268 for the replacement of a Police department vehicle.” Or, “I move to table indefinitely Resolution 08-2020, a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $36,268 for the replacement of a Police department vehicle for the following reason(s) _____________.” REPORT PREPARED/REVIEWED BY: Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 08-2020 2. Vehicle price specification ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 08 Series of 2020 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $36,268 FOR THE REPLACEMENT OF A POLICE DEPARTMENT VEHICLE WHEREAS, Police department Unit 20 incurred non-repairable mechanical damage in February 2019; and WHEREAS, the City Council wishes to replace Police department Unit 20; and WHEREAS, the 2020 Public Works Operations Fleet Replacement budget does not include funding for replacement of Unit 20. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. A transfer of $36,268 is hereby approved from General Fund undesignated reserves to account 01-303-800-807 and 2020 General Fund revenues will be amended accordingly. DONE AND RESOLVED this 27th Day of January 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk CITY OF WHEAT RIDGE Specifications for one (1) Police Department - Four Wheel Drive Hybrid (Gas/Electric) SUV (Replacement for Unit 20) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Escape Hybrid (Gas/Electric) SUV: $25,418.00 Standard Specifications Body Code: KH OEM Model #: U9B Trim Level: SE Sport OEM Code: 201A Exterior Color: Desert Gold Interior: Dark Earth Grey Fuel Type: Hybrid (Gas/Electric) Factory Options AFT Power Keys x2 $600 50C Floor Liners $160 50Q Cargo Mat 50 $90 Total Price of Vehicle Only with Selected Factory Options: $26,268.00 ATTACHMENT 2 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT OF 2020 VEHICLE REPLACEMENTS AND THE PURCHASE AND PAYMENT FOR INSTALLATION OF LIGHTING, AUXILIARY AND COMMUNICATIONS EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $456,544 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Public Works Director City Manager ISSUE: Staff recommends the purchase of the following vehicles under the State of Colorado Price and CDOT Price Agreements: 1.Three (3) 2020 Ford Police Interceptor Utility Vehicles $ 40,000/ea. 2. Four (4) 2020 Small Ford Hybrid SUV’s $ 26,268/ea. 3.One (1) 2020 Small Chevy Electric Sedan $ 30,464/ea. 4. One (1) 2020 6x4 International Tandem Cab & Chassis $119,008/ea. Total Cost: $374,544 Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement vehicles along with the installation of lighting, markings and communication equipment at a total cost of $82,000. The total cost of the vehicles, including preparation for use is not to exceed $456,544, which is approved in the 2020 budget. 1b Council Action Form – 2020 Vehicle Replacements January 27, 2020 Page 2 PRIOR ACTION: None. FINANCIAL IMPACT: There is a total of $815,000 budgeted in the 2020 Public Works Department General Fund Budget, Account Number 01-303-800-807 for fleet replacement. The total cost for all vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscellaneous equipment is $456,544. BACKGROUND: The City vehicle and replacement policy, revised by the City Council in 2011, is utilized to determine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive down-time of equipment, parts or service no longer available, poor utilization, updated legal considerations, etc. This year nine existing vehicles and one piece of equipment in the fleet are programmed for replacement. RECOMMENDATIONS: The vendor source and purchase price of equipment is through State of Colorado and Colorado Department of Transportation purchasing contracts that allow the City to attain the equipment at the best prices and in accordance with bid/purchasing requirements. Staff recommends the purchase of the following vehicles this year: 1. Three (3) new model year 2020, mid-size, all-wheel drive, Ford Police Patrol Utility Interceptor vehicles will be purchased from Sill-Terhar Motors, Inc. of Broomfield, Colorado, to replace three (3) existing, high mileage Police Patrol marked sedans, units 51, 54 and 84 in the Patrol division of the Police department. 2. Four (4) new model year 2020, small, all-wheel drive, hybrid Ford Escape SUV vehicles will be purchased from Sill-Terhar Motor,Inc. of Broomfield, Colorado, to replace four (4) existing, high mileage sedans, as follows: Units 44 and 89 in the Investigations division of the Police department. Unit 204 in the Training division of the Police department. Unit 19 in the Active Adult division of the Parks and Recreation department. 3. One (1) new model year 2020, small, electric Chevrolet Bolt sedan will be purchased from Daniels Long Automotive LLC, of Colorado Springs, Colorado, to replace one (1) existing, high mileage sedan, unit 24 in the Engineering division of the Community Development Department. Council Action Form – 2020 Vehicle Replacements January 27, 2020 Page 3 4. One (1) new model year 2020 International 7600 6x4 tandem cab and chassis will be purchased from McCandless Truck Center, LLC of Aurora, Colorado to replace one (1) existing, high mileage International 7500 6x4 tandem cab and chassis, unit 247, in the Operations division of the Public Works department. All of the vehicles being replaced will be disposed of by public auction. The estimated cost of auxiliary equipment, markings, decals and miscellaneous items for police, investigations vehicles is $81,000. The estimated cost of auxiliary equipment, decals and miscellaneous items for the remaining vehicles is $1000. The estimated cost of auxiliary snow and ice removal equipment, lighting, hydraulics and miscellaneous items to outfit the tandem cab and chassis truck is $115,000 and will be a separate purchase approval. The total cost of all the auxiliary equipment, decals, marking and miscellaneous equipment requested at this time is not to exceed $82,000. RECOMMENDED MOTION: “I move to approve the purchase and payment of 2020 vehicle replacements and the purchase and payment for installation of lighting, auxiliary and communications equipment in a total amount not to exceed $456,544.” Or, “I move to deny the approval of the purchase and payment of 2020 vehicle replacements and the purchase and payment for installation of lighting, auxiliary and communications equipment in a total amount not to exceed $456,544 for the following reason(s): ______________________________” REPORT PREPARED/REVIEWED BY: Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Vehicle Price Specifications CITY OF WHEAT RIDGE Specifications for One (3) Unmarked Police Department Utility Police Interceptor All-Wheel Drive (Units 51, 54 & 84) January 03, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Patrol AWD Interceptor Utility: $44,250 Standard Specifications OEM Body #: K8A Trim Level: PI Utility OEM Code: 500A Interior/Color/Code: Cloth Front & Vinyl Rear/Charcoal Black/96 Bluetooth Interface (SYNC) 4-User Configurable Latching Switches Base Body Exterior Color/Code: Agate Black/UM Fuel Type: Unleaded Gasoline Add Factory Option(s) 43D Dark car feature-Courtesy Lamp Disable $ 25.00 17T Dome Lamp-Red/White In Cargo Area $ 50.00 92G Glass-Solar Tint 2nd only, Privacy Glass $ 85.00 68G Rear Door Controls Inoperable $ 75.00 59E Keyed Alike – 1435x $ 50.00 90E Ballistic Door Panels-Driver & Passenger Front Doors $ 3170.00 55B BLIS-Blind Spot Monitoring with Cross Traffic Alert $ 545.00 76R Reverse Sensing (Sonar with Chime) $ 275.00 60R Noise Suppression Bonds $ 100.00 66A Front Headlight Lighting Solution-Utility $ 915.00 76D Protector Deflector Plate-Utility $ 335.00 51T Spot Lamp- Driver- Whelen $ 420.00 61B OBD-II Split Connector $ 55.00 87R Rear Camera in Rear View Mirror no charge Total Price of Factory Options: $ 6100.00 Delete Factory Option(s) 99C 3.3L V6 Direct Injection Engine <$ -3,350.00> 758 Complete #810 Package <$ -7,000.00> Total Price of Vehicle Only with Selected Factory Options: $40,000 ATTACHMENT 1 CITY OF WHEAT RIDGE Specifications for one (1) Police Department - Four Wheel Drive Hybrid (Gas/Electric) SUV (Replacement for Unit 44) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Escape Hybrid (Gas/Electric) SUV: $25,418.00 Standard Specifications Body Code: KH OEM Model #: U9B Trim Level: SE Sport OEM Code: 201A Exterior Color: Agate Black Interior: Dark Earth Grey Fuel Type: Hybrid (Gas/Electric) Factory Options AFT Power Keys x2 $600 50C Floor Liners $160 50Q Cargo Mat 50 $90 Total Price of Vehicle Only with Selected Factory Options: $26,268.00 CITY OF WHEAT RIDGE Specifications for one (1) Police Department - Four Wheel Drive Hybrid (Gas/Electric) SUV (Replacement for Unit 89) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Escape Hybrid (Gas/Electric) SUV: $25,418.00 Standard Specifications Body Code: KH OEM Model #: U9B Trim Level: SE Sport OEM Code: 201A Exterior Color: Ingot Silver Interior: Dark Earth Grey Fuel Type: Hybrid (Gas/Electric) Factory Options AFT Power Keys x2 $600 50C Floor Liners $160 50Q Cargo Mat 50 $90 Total Price of Vehicle Only with Selected Factory Options: $26,268.00 CITY OF WHEAT RIDGE Specifications for one (1) Police Department- Training - Four Wheel Drive Hybrid (Gas/Electric) SUV (Replacement for Unit 204) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Escape Hybrid (Gas/Electric) SUV: $25,418.00 Standard Specifications Body Code: KH OEM Model #: U9B Trim Level: SE Sport OEM Code: 201A Exterior Color: Magnetic Interior: Dark Earth Grey Fuel Type: Hybrid (Gas/Electric) Factory Options AFT Power Keys x2 $600 50C Floor Liners $160 50Q Cargo Mat 50 $90 Total Price of Vehicle Only with Selected Factory Options: $26,268.00 CITY OF WHEAT RIDGE Specifications for one (1) Active Adult Center - Four Wheel Drive Hybrid (Gas/Electric) SUV (Replacement for Unit 19) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Ford Escape Hybrid (Gas/Electric) SUV: $25,418.00 Standard Specifications Body Code: KH OEM Model #: U9B Trim Level: SE Sport OEM Code: 201A Exterior Color: Velocity Blue Interior: Dark Earth Grey Fuel Type: Hybrid (Gas/Electric) Factory Options AFT Power Keys x2 $600 50C Floor Liners $160 50Q Cargo Mat 50 $90 Total Price of Vehicle Only with Selected Factory Options: $26,268.00 CITY OF WHEAT RIDGE Specifications for one (1) Engineering - Electric Sedan (Replacement for Unit 24) January 6, 2020 BASED ON 2020 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2020 Chevy Bolt Electric Sedan: $29,960.00 Standard Specifications Body Code: AE OEM Model #: 1FB48 Trim Level: LT OEM Code: 2LT Exterior Color: Nightfall Gray Metallic Interior: Dark Galvanized/Sky Cool Gray, Deluxe cloth seat trim Fuel Type: Electric Factory Options Extra Keys x2 $504 Total Price of Vehicle Only with Selected Factory Options: $30,464.00 CITY OF WHEAT RIDGE Specifications for one (1) Public Works Department. – 2020 International Cab & Chassis (Replacement for Unit 247) January 27, 2020 BASED ON COLORADO DEPARTMENT OF TRANSPORTATION AWARD #311001623 Base vehicle as bid: 2020 International HV513 SFA Cab & Chassis: $112,211.00 Standard Specifications Exterior Cab Paint Color - White Chassis Color - Black Option Addition(s) Air ride rear suspension $ 2,905.00 Transmission TCM mounted in cab $ 0.00 Cross member in front frame extension $ 160.00 Hood hatch $ 688.00 Michelin tires $ 568.00 Parking brake alarm $ 71.00 Wiper control $ 50.00 Test exterior lights $ 71.00 Heated windshield $ 738.00 Over the air programming $ 350.00 Winged instrument panel $ 364.00 Front tires with steel rims $ 802.00 Total Option Additions: $ 6,767.00 Total Price: $119,008.00 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF TANDEM EQUIPMENT UPFIT TO AUTO TRUCK GROUP OF COLORADO SPRINGS, COLORADO AT A TOTAL COST NOT TO EXCEED $111,879 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Public Works Director City Manager ISSUE: The Public Works Department is proposing purchase of various snow and ice control equipment, dump body, lighting, hydraulics and options to be installed on a new tandem cab and chassis. The total expense of the various equipment, lighting, hydraulics and options is not to exceed $111,879. PRIOR ACTION: None. FINANCIAL IMPACT: The funds for the purchase of this vehicle are budgeted in the 2020 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for this account is $815,000.00. BACKGROUND: After contacting the available tandem snow and ice control equipment upfit dealers located in the Denver area, it was determined the City would best be served by using Sourcewell, formerly the National Joint Powers Alliance (NJPA), a cooperative service which performs national research to obtain the best prices. The City of Wheat Ridge has an account with Sourcewell which has done the necessary research work to find snow and ice control equipment that best suits the 1c Council Action Form – Tandem Equipment Upfit January 27, 2020 Page 2 City’s needs. Sourcewell satisfies the bid process requirements, and is endorsed by the State of Colorado’s purchasing office. By Sourcewell contract #080818-HPI, the appropriate equipment, lighting, hydraulics and options to upfit the new International tandem cab and chassis, can be provided by Auto Truck Group, an authorized dealer located in Colorado Springs, Colorado. The existing, obsolete equipment will be taken to auction. RECOMMENDATIONS: The vendor source and purchase price of equipment is through the Sourcewell purchasing contract, endorsed by the State of Colorado purchasing and allows the City to attain the equipment at the best price and in accordance with bid/purchasing requirements. Staff recommends the purchase of the necessary equipment, lighting and hydraulics to properly upfit the new International tandem cab and chassis. RECOMMENDED MOTION: “I move to approve the purchase of Tandem Equipment Upfit to Auto Truck Group of Colorado Springs, Colorado at a total cost not to exceed $111,879” Or, “I move to deny the approval of the purchase of Tandem Equipment Upfit to Auto Truck Group of Colorado Springs, Colorado at a total cost not to exceed $111,879 for the following reason(s): ______________________________” REPORT PREPARED/REVIEWED BY: Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Auto Truck Quote #123676 per Sourcewell Contract #080818-HPI A T T A C H M E N T 1 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 09-2020 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $79,189 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Interim Chief of Police City Manager ISSUE: Since 2006, the Wheat Ridge Police Department has contracted with the Lakewood Police Department to provide scene processing and analysis for major criminal events. A strong working relationship has been formed that has produced numerous successful prosecutions. The Lakewood Crime Analysis Team has also provided training to WRPD officers as well as assisted WRPD in Community Outreach. This agreement has been written to be a five (5) year agreement renewable each year. PRIOR ACTION: After reviewing the available options for crime scene analysis, the department entered into an agreement with the Lakewood Police Department to provide forensic crime lab services. The first IGA, an eighteen month agreement was approved in June, 2006 and ended December 31, 2007. Due to the success of this agreement, it has been continued since. This agreement has been successful over the past 14 years and it is recommended the agreement to be continued for the period between January 1, 2020 and December 31, 2024. 1d Council Action Form – Lakewood Crime Lab IGA January 27, 2020 Page 2 FINANCIAL IMPACT: Per the agreement, Wheat Ridge pays salary for one Lakewood Crime Lab position at $72,349 for 2020. Preliminary overtime costs have been estimated at $6,840, bringing the total 2020 personnel costs to $79,189. Additional costs are $1,600 for personnel support (training, cellphone, and clothing expenses) and the cost of replenishment of supplies consumed in the course of scene analysis, which is absorbed in the Investigations Bureau Operating Supplies budget account. The total 2020 annual cost is $79,189. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $118,869 and estimated overtime costs of $8,000, bring the total costs for a sworn detective position to $126,869. This IGA saves the department approximately $47,680 for 2020. BACKGROUND: The Wheat Ridge Police Department has used forensic crime lab services from the Lakewood Police Department since the original IGA was signed in 2006. The Wheat Ridge Police Department has found the Lakewood Crime Lab to be responsive and professional. This partnership provides the Wheat Ridge Police Department with immediate access to all of Lakewood Crime Lab personnel as needed. In addition, it has allowed Wheat Ridge access to high quality forensic services at a cost which is substantially lower than even basic forensic services could be provided from within. The agreement states that in return for the services provided, Wheat Ridge will compensate Lakewood for the salary, benefits and other associated costs for one (1) full-time Crime Scene Analyst. RECOMMENDATIONS: The police department recommends maintaining the partnership with the Lakewood Police Department. This IGA makes the police department more efficient and effective, and enhances our level of service to the community. It also provides the department the opportunity to redeploy a sworn position to the Investigations Bureau. RECOMMENDED MOTION: “I move to approve Resolution No. 09-2020 – a resolution approving an intergovernmental agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $79,189.” Or, “I move to table indefinitely Resolution No. 09-2020 – a resolution approving an intergovernmental agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $79,189 for the following reason(s) __________________________________________.” Council Action Form – Lakewood Crime Lab IGA January 27, 2020 Page 3 REPORT PREPARED BY: Darrel Guadnola, Interim Division Chief Dave Pickett, Interim Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 09-2020 2. Intergovernmental Agreement Between City of Lakewood and City of Wheat Ridge ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2020 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, Lakewood currently possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge does not currently possess such specialized lab facilities or personnel; and WHEREAS, the Wheat Ridge City Council (“Council”) finds that contracting with Lakewood for the use of Lakewood’s forensic crime lab facilities and personnel would promote and protect the public health, safety, and welfare by enhancing the investigative capabilities of Wheat Ridge concerning Wheat Ridge crime scenes; and WHEREAS, the Council therefore desires to approve the terms of an agreement with Lakewood under which Wheat Ridge may utilize Lakewood’s forensic crime lab and personnel; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat Ridge concerning Wheat Ridge’s use of Lakewood’s forensic crime lab and personnel for calendar year 2020, attached to this Resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this 27th day of January , 2020. 2 Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 2 INTERGOVERNMENTAL AGREEMENT FOR FORENSIC CRIME LAB SERVICES AND PERSONNEL THIS INTERGOVERNMENTAL AGREEMENT FOR FORENSIC CRIME LAB SERVICES AND PERSONNEL (the "Agreement") is made and entered into effective this 1st day of January, 2020 (the "Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, ("Wheat Ridge"), and the CITY OF LAKEWOOD, a Colorado home rule municipal corporation ("Lakewood"). WHEREAS, in 2006, the parties entered into an Agreement for forensic crime lab services and personnel (the "Original IGA"); WHEREAS, annually thereafter, the parties have entered into identical versions of the Original IGA; WHEREAS, the parties desire to enter into a longer-term agreement for the forensic crime lab services and personnel described herein (collectively, the "Services") with options for extension and termination; WHEREAS, Lakewood possess a forensic crime lab and personnel that provide services that enhance investigative capabilities at crime scenes; WHEREAS, Wheat Ridge desires to use these resources to more effectively manage its crime scene investigation, and Lakewood agrees to provide for such use; WHEREAS, Lakewood employs one (1) additional Crime Scene Analyst (as defined herein) to service Wheat Ridge's crime scene investigation needs, which results in Wheat Ridge will receiving services equivalent to one (1) full-time employee; and WHEREAS, the parties wish to memorialize their agreements herein. NOW THEREFORE, in consideration of the recitals, covenants and promises herein set forth and other good and valuable consideration herein received, the parties agree as follows: I. TERM AND T ERMINATION: APPROPRIATION. A. Term: Extension. 1. Term. The Term of this Agreement shall be five (5) years from the Effective Date, unless extended as set forth herein, subject to annual appropriation and termination as provided herein. 2. Extension. This Agreement may be extended for five-year periods, not to exceed four (4) such extensions. B. Termination. Either party may terminate this Agreement at any time and for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that if the reason for termination is the other party's breach of this Agreement, the non-terminating party shall be given at least thirty (30) days to effect a cure. Notice of termination must state the reason for termination with sufficient detail to provide the non-terminating party adequate information to cure. Page 1 of9 C. Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution. II. DEFINITIONS. As used herein, the following terms have the meanings set forth: A. Ancillary Scene/Ancillary Crime Scene: A location that is not the primary scene of a Call-out. Ancillary Scenes include, but are not limited to: hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims and/or suspects. B. Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and any other personnel as may be deemed necessary, to visit a Crime Scene and to begin the investigation and analysis necessary to resolve a particular case. C. Court Preparation: Includes but is not limited to: photo processing and preparation·, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a Crime Scene investigation. D. Crime Scene: Either a Primary or Ancillary Scene as defined herein. E. Crime Scene Analyst: A non-sworn member of the Lakewood Police Department specializing in Crime Scene investigation. F. Forensic Crime Lab/Crime Lab: A laboratory specially designed to aid in the investigation and analysis of evidence found at a Primary Crime Scene or any Ancillary Crime Scene. G. Image Analysis: Follow-up work performed in the Crime Lab, which includes, but is not limited to: review of images and providing stills from surveillance tapes. H. Overtime: Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. I. Prima ry Scene/Primary Crime Scene: The location where a crime is committed. Ill. SERVICES. Lakewood shall make its Forensic Crime Lab and personnel available to Wheat Ridge as set forth herein. A. Call-outs. Wheat Ridge may make a Call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1, attached hereto and incorporated herein by this reference (the "Call-out Policy"). Lakewood shall make all assignments for each Call-out. Wheat Ridge shall provide security for any Crime Scene Analyst at the scene of a Wheat Ridge incident. Lakewood shall provide the following Services to Wheat Ridge in conjunction with each Wheat Ridge Call-out: 1. At least one (1) Crime Scene Analyst at the Primary Scene of the Call-out (additional personnel may be called out as necessary and as available); 2. At least one (1) Crime Scene Analyst at any Ancillary Scenes (additional personnel may be called out as necessary and as available); Page 2 of9 3. Chemical preparation for any required processing at a Crime Scene; and 4. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat Ridge's Crime Lab, including, but is not limited to: a. Documentation of clothing and other items of evidentiary value; b. Bloodstain pattern analysis both at the Crime Scene and in the Crime Lab (bloodstain pattern analysis includes presumptive testing for blood); c. Field response latent print processing; d. Footwear and tire track processing and comparison; e. Alternate light source examinations; f. Image Analysis; g. Image processing and the archival storage and reproduction of images, which includes time, material and storage expense; h. Report writing and diagramming, which includes laser mapping; i. Gunshot residue collection; j. Court Preparation; and k. Court testimony. B. Training. Provide Crime Scene training to members of the Wheat Ridge Police Department when deemed necessary and appropriate, contingent upon the reasonable availability of Lakewood Crime Lab personnel to render such training. This training can include, but is not limited to: 1. Police in-service training; 2. Basic Crime Scene Investigator (CSI) training; and 3. CSI best practices update training. C. Assistance and Support. Provide assistance and technical support for various community outreach programs that have been established by the Wheat Ridge Police Department, contingent upon the reasonable availability of Lakewood Crime Lab personnel. These programs include, but are not limited to: 1. Wheat Ridge Volunteer Academy; 2. Wheat Ridge Civilian Police Academy; and 3. Wheat Ridge Police National Night Out Event. D. Procedure. For Crime Scenes located in Wheat Ridge, all evidence not required for immediate forensic examination shall be booked into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any required viewings of evidence. E. Standard. Access and Quality of Service. With regard to all Services provided hereunder, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge as it does for all Lakewood Call-outs. F. Staffing: Supervision. The Lakewood Forensic Crime Lab shall be staffed and supervised exclusively by Lakewood employees. G. Scope. This Agreement shall not be read to include access to any Lakewood Computer Forensics Technician. H. Wheat Ridge Facilities. Lakewood shall have access to Wheat Ridge facilities as necessary to carry out the intent of this Agreement. In particular, Lakewood shall have Page 3 of9 Page 4 of9 access to the evidence facility owned by Wheat Ridge located at 11220 W. 45th Avenue, Wheat Ridge, Colorado. IV. CONSIDERATION. In exchange for the Services provided and access to Crime Scene investigation resources, Wheat Ridge shall compensate Lakewood as follows: A. Salary, Benefits and Other Associated Costs. 1. General. Wheat Ridge shall pay to Lakewood the salary, benefits and other costs for one (1) full-time Crime Scene Analyst. The salary during the year of this Agreement (2020) shall not exceed Seventy-two Thousand Three Hundred Forty-nine and 00/100 dollars ($72,349) and shall be payable in advance in equal quarterly installments of Eighteen Thousand Eighty-seven and 25/100 dollars ($18,087.25). 2. Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge Call-outs at the overtime rates paid by Lakewood for all overtime incurred by such Crime Scene Analysts. Within thirty (30) days of receipt of an invoice from Lakewood, Wheat Ridge shall pay to Lakewood all overtime costs incurred. B. Replenishment of Supplies. Wheat Ridge agrees to provide replenishment of supplies consumed in the course of a Crime Scene investigation; including, but are not limited to, fingerprint powder, tape and brushes, casting material and chemicals used in the development of latent impressions and latent blood detection. C. Personnel Support Fee. Wheat Ridge agrees to pay to Lakewood an additional fee for one (1) Crime Scene Analyst in the amount of $1,600 per year to fund training costs, pager, mobile phone and clothing expenses. Lakewood will bill this fee quarterly in pro- rated amounts. D. Changes. Changes in salary, benefits, overtime and other costs associated with this Agreement shall be made during each party's budget process (typically completed in the months of May and June) and shall be reflected on the form attached hereto Exhibit 2. In no event shall such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party's respective City Managers' offices for approval. Upon mutual agreement of the parties as to the changes reflected in Exhibit 2, as evidenced by their signatures thereon, Exhibit 2 shall be automatically amended without further action of the parties. V. RECORDS RETENTION - PUBLIC RECORDS REQUESTS AND SUBPOENAS. All physical records and evidence generated by the Crime Lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon the completion of examination of such records for a Wheat Ridge Crime Scene, such physical records and evidence shall be maintained by Wheat Ridge. Legal ownership of such records and evidence from any Wheat Ridge Crime Scene shall remain exclusively with Wheat Ridge. Wheat Ridge shall have all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes. VI. COMPLIANCE WITH APPLICABLE LAW. The Parties agree that in execution of the terms and conditions of this Agreement, they shall comply with all applicable federal, state and local laws, regulations and policies Page 5 of9 VII. NOTICE. Any notice to be provided under this Agreement shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows: If to Wheat Ridge: With a copy (which shall not constitute notice) to: If to Lakewood: With a copy (which shall not constitute notice) to: Division Chief, Support Services Division City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Gerald E. Dahl Murray Dahl Beery& Renaud LLP 710 Kipling Street Suite 300 Lakewood CO 80215 Commander, Support Services Division 480 S. Allison Pkwy. Lakewood, CO 80226 Office of the City Attorney City of Lakewood 480 S. Allison Pkwy. Lakewood, CO 80226 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. VIII. GENERAL PROVISIONS. A. Integrated Agreement: Binding Effect. This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. This Agreement shall be binding upon, and shall inure to the benefit of, the parties and their respective heirs, personal representatives, successors and assigns. B. No Waiver. Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. C. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the parties. It is the express intention of the parties that any person other than the Lakewood and Wheat Ridge shall be deemed to be only an incidental beneficiary under this Agreement. D. Governing Law: Severabiltiy. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of Jefferson County, Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. Page 6 of9 E. Counterparts: Electronic Disposition. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately represent the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. F. Paragraph headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. G. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this Agreement on behalf of the parties and to bind the parties to its terms. [Remainder of page intentionally blank- signatures follow.] Page 7 of9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date. ATTEST: CITY OF WHEAT RIDGE, COLORADO By:_ _ _ _ _ _ _ _ _ By: _ Steve Kirkpatrick, City Clerk Bud Starker, Mayor APPROVED AS TO FORM: By:_ _ _ _ _ _ _ _ _ _ _ _ Gerald Dahl, City Attorney CITY OF LAKEWOOD ATTEST: Michele Millard, City Clerk Kathleen E. Hodgson, City Manager Approved as to form: Gregory D. Graham, Deputy City Attorney Recommended for approval: Approved as to funding: Daniel J. McCasky, Chief of Police Larry Dorr, Finance Director Page 8 of9 EXHIBIT 1 Call Out Policy Wheat Ridge may make Call-out requests for the following incidents: 1. Homicides and attempted homicides 2. Questionable (suspicious) and accidental deaths 3. Suicides 4. Felony Sex Assaults 5. First & Second degree assaults on police or fire personnel 6. Assaults with potentially life threatening injuries to any person 7. Fire investigations involving human death or potentially life threatening injuries; or at the request of fire investigators for technical assistance 8. Felony child abuse 9. First or Second degree kidnapping 10. Police involved shootings 11. Other types of incidents where the sensitivity of the investigation or a forensic complexity precludes the normal processing option, at the discretion of the supervisor Page 9 of9 EXHIBIT2 Annual Changes to Salary, Other Costs The parties shall use this form to make annual changes to the salary, benefits, overtime and other costs associated with this Agreement, as set forth in Section IV. Year: 2020 New Salary {if any): $72,349/year Overtime Pay/Rate: $54.62/hour Benefits Changes (if an y): No change for 2020 Changes in other Costs (if any): No change for 2020 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT FOR THE PURCHASE OF A 2020 CATERPILLAR BACKHOE TO WAGNER EQUIPMENT COMPANY OF AURORA, COLORADO AT A TOTAL COST NOT TO EXCEED $124,239.03 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Public Works Director City Manager ISSUE: The Public Works Department is proposing purchase of a new 2020 Caterpillar 420F2 IT backhoe as a replacement of obsolete equipment. The total expense for this equipment is not to exceed $124,239.03 and is available from Wagner Equipment Company. PRIOR ACTION: None. FINANCIAL IMPACT: Funding for the purchase of the backhoe is budgeted in the 2020 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The 2020 total approved budgeted amount for this account is $815,000. BACKGROUND: After contacting the available equipment dealers located in the Denver area, it was determined the City would best be served by using Sourcewell, formerly the National Joint Powers Alliance (NJPA), a cooperative service which performs national research to obtain the best prices. The City of Wheat Ridge has an account with Sourcewell, which has done the necessary research work to find the model backhoe that best suits the City’s needs. Sourcewell satisfies the bid 1e Council Action Form – Backhoe Replacement January 27, 2020 Page 2 process requirements and is endorsed by the State of Colorado’s purchasing office. By Sourcewell contract #032119-CAT, the appropriate backhoe and options can be provided by Wagner Equipment Company, an authorized dealer located in Aurora, Colorado. The existing, obsolete backhoe will be taken to auction. RECOMMENDATIONS: The vendor source and purchase price of equipment is through the Sourcewell purchasing contract, endorsed by the State of Colorado purchasing and allows the City to attain the equipment at the best price and in accordance with bid/purchasing requirements. Staff recommends purchase of the 2020 Caterpillar 420F2 IT backhoe with options. RECOMMENDED MOTION: “I move to approve payment for the purchase of a 2020 Caterpillar backhoe to Wagner Equipment Company of Aurora, Colorado at a total cost not to exceed $124,239.03.” Or, “I move to deny the approval of payment for the purchase of a 2020 Caterpillar backhoe to Wagner Equipment Company of Aurora, Colorado at a total cost not to exceed $124,239.03 for the following reason(s): ______________________________” REPORT PREPARED/REVIEWED BY: Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Wagner Equipment Company Quote #209928-01 per Sourcewell Contract #032119-CAT ATTACHMENT 1 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2020 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO AMEND REFERENCES TO THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS, DIVISIONS, DIRECTORS, AND STAFF (CASE NO. ZOA-19-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (01/13/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/27/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: In November 2019, City Council approved an ordinance which effectively modified the City’s organizational chart moving the Engineering Division from the Public Works Department into the Community Development Department. Moving that division transfers certain responsibilities and duties to the Community Development Department, and this ordinance updates affected code sections to reflect the City’s current organizational structure. PRIOR ACTION: On November 25, 2019, City Council approved Ordinance 1677 which modified Chapter 2 and the City’s organizational chart. Planning Commission recommended approval of the proposed ordinance at a public hearing on December 19, 2019. Meeting minutes from the Planning Commission public hearing have been included as Attachment #2. FINANCIAL IMPACT: There are no direct financial impacts to the City. 2 Council Action Form – PW/CD Reorganization January 27, 2020 Page 2 BACKGROUND: The City operated without a Director of Public Works from December 2018 to November 2019. During that time, and while management attempted to recruit a leader to fill the role, duties were shared among others in the organization. That period of time provided City leadership the opportunity to reevaluate how various functions within the Public Works Department were organized. Based on internal discussions and a review of other municipal organizations, the engineering functions were determined to best be managed by the Community Development Director, and this change was finalized with City Council’s approval of Ordinance 1677 on November 25, 2019. This organizational change results in improved internal and external communication, enhanced collaboration, stronger information sharing among staff, and streamlined processes for external partners. The Community Development Department is now comprised of three divisions: Building, Planning, and Engineering. The Engineering Division retains their responsibilities of engineering and design, specifically for development review, roadway design, traffic and drainage engineering, floodplain administration, stormwater management, and management of the Capital Improvement Program. The Public Works Department will retain responsibility for the City’s right-of-way construction, operations, inspection, and maintenance. Proposed Code Amendment Staff has reviewed all code references to the Public Works and Community Development departments, divisions, directors and staff. The enclosed ordinance proposes amendments to various chapters to ensure that responsibilities in the code are updated to correspond with the recently updated organizational chart. Affected chapters include the following: • Chapter 2 – regarding the Board of Adjustment • Chapter 3 – regarding sexually-oriented businesses • Chapter 5 – regarding the building code • Chapter 13 – regarding the traffic code and parking permits • Chapter 20 – regarding stormwater management • Chapter 21 – regarding right-of-way construction permits and street access permits • Chapter 26 – regarding site plan applications, right-of-way vacations, the streetscape design manual, planned development applications, subdivisions, parking and access, landscape and open space, mobile home parks, sight triangles, grading permits, vehicle sales lots, signs, and floodplains While there are numerous changes proposed in the enclosed ordinance, the extent of changes does not suggest significant functional changes to existing processes. The same staff will complete the same tasks. The Community Development Department absorbs some additional responsibilities by virtue of absorbing the Engineering Division into the department. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form – PW/CD Reorganization January 27, 2020 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff on second reading, and that it take effect upon adoption and signature of the Mayor.” Or, “I move to postpone indefinitely Council Bill No. 01-2020, an ordinance amending the Wheat Ridge Code of Laws to amend references to the Public Works and Community Development departments, divisions, directors, and staff for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2020 2. Planning Commission Minutes, December 19, 2019 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 01 ORDINANCE NO. 1683 Series 2020 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO AMEND REFERENCES TO THE PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS, DIVISIONS, DIRECTORS, AND STAFF WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Wheat Ridge Charter §3.5 provides that the Council may, by ordinance, establish, consolidate and/or merge City departments and that each such department shall be under the supervision of a department head appointed by the city manager; and WHEREAS, on November 25, 2019 and pursuant to Ordinance 1677 the Council approved changes to Chapter 2 of the Code of Laws and the City’s organizational chart placing the engineering division and city engineer within the community development department; and WHEREAS, moving the engineering division transfers certain responsibilities and duties to the community development department; and WHEREAS, several code sections require updating to clarify those responsibilities and to correspond appropriately to the changes made by Ordinance 1677; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-61(d)(5) of the Wheat Ridge Code of Laws, regarding the Board of Adjustment, is amended to replace all references to “planning director” with “community development director.” Section 2. Sections 3-7 to 3-28 of the Wheat Ridge Code of Laws, regarding licensing of sexually-oriented businesses, is amended to replace all references to “planning director” with “community development director.” Section 3. Section 5-2 of the Wheat Ridge Code of Laws, regarding building code definitions, is amended to read: 2 Department of community development: The city department consisting of the planning division, code enforcement ENGINEERING division and the building inspection division. The department is headed by the director of community development. Department of public works: The city department consisting of the engineering division and street maintenance division RIGHT-OF-WAY CONSTRUCTION, INSPECTION, OPERATIONS, AND MAINTENANCE FUNCTIONS. The department is headed by the director of public works. Section 4. Section 5-35(a) of the Wheat Ridge Code of Laws, regarding building permit applications, is amended to read: (a) […] Building permits will not be issued unless such development plan has received the approvals subject to additional engineering AND/OR ZONING requirements by the department of public works ENGINEERING and/or the planning divisions, RESPECTIVELY. Section 5. Section 5-41(a) of the Wheat Ridge Code of Laws, regarding building permit review fees, is amended to read: (a) All fees related to public works building permit review and processing under this chapter shall be established by council resolution. Building permit fees shall not include cost of land or public improvements associated with purchase of land for construction of the structure. Section 6. Section 5-45 of the Wheat Ridge Code of Laws, regarding required public improvements, is amended to read: (a) Applications for building permits shall be reviewed by the COMMUNITY DEVELOPMENT director of public works to determine whether the proposed construction will require the installation or construction of public improvements including, but not limited to, street paving, curbs, gutters, sidewalks, drainage facilities, or other improvements as may be required by this section or the subdivision regulations. […] (e) Any owner, contractor or developer who is aggrieved by a decision of the COMMUNITY DEVELOPMENT director of public works requiring installation of such public improvements or payment of funds in lieu of construction shall have the right to appeal the director's determination to the board of adjustment pursuant to section 2-61. (f) The COMMUNITY DEVELOPMENT director of public works shall have the authority to close any escrow held by the city under the prior version of this section, for commercial or industrial projects and refund the monies to the original depositor, upon satisfaction of the following conditions: 3 Section 7. Section 13-1(a) of the Wheat Ridge Code of Laws, regarding the City’s adopted traffic manual, is amended to read: (a) Adopted. The city does hereby adopt, by reference, the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways," and other related standards issued or endorsed by the federal highway administrator, except as specifically amended hereby. Copies of such manual shall be available from the department of public works ENGINEERING DIVISION, which shall maintain in its offices no less than three (3) current copies, any of which may be purchased by members of the general public for a price to be established by the department of public works ENGINEERING DIVISION. Section 8. Section 13-61 of the Wheat Ridge Code of Laws, regarding parking permits, is amended to read: The COMMUNITY DEVELOPMENT director of public works is hereby authorized to issue parking permits in accordance with the provisions of this section to allow the on- street parking of motor vehicles by residents of blocks designated by the COMMUNITY DEVELOPMENT director of public works as restricted parking areas. FOR THE PURPOSE OF THIS ARTICLE, THE DIRECTOR SHALL REFER TO THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS OR HER DESIGNEE. Section 9. Sections 13-62 to 13-69 of the Wheat Ridge Code of Laws, regarding parking permits, are amended to replace all references to “public works director” with “director.” Section 10. Section 20-2 of the Wheat Ridge Code of Laws, regarding stormwater quality and control definitions, is amended to read: Director. The City of Wheat Ridge Public Works COMMUNITY DEVELOPMENT Director or designee. Section 11. Section 21-104 of the Wheat Ridge Code of Laws, regarding termination of right-of-way use permits, is amended to read: Any permit issued under this article may be terminated upon ninety (90) days' notice from the city engineer DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE. The city shall not be liable for any costs incurred by the permittee resulting from such termination. Section 12. Section 21-181 of the Wheat Ridge Code of Laws, regarding street access permits, is amended to read: The number, spacing, type and location of vehicular access have a direct and often significant effect on the capacity, speed and safety of public streets. The director of public works COMMUNITY DEVELOPMENT DIRECTOR, IN CONSULTATION WITH THE CITY ENGINEER, is hereby authorized to regulate vehicular access to or from any public street within the city to or from property adjoining such street in order to 4 protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain right-of-way drainage, and to protect the functional level of public streets. […] Section 13. Sections 21-183, 21-184, 21-185, and 21-186 of the Wheat Ridge Code of Laws, regarding street access permits, is amended to replace all references to the “public works director” or “director of public works” with “community development director.” Section 14. Section 26-111.D of the Wheat Ridge Code of Laws, regarding site plan application requirements, is amended to read: D. Site plan application requirements. All applications shall include at a minimum the following information. Additional information may be requested by the community development department or the public works department PLANNING AND/OR ENGINEERING DIVISIONS at the reapplication conference. Section 15. Section 26-115.E.3 of the Wheat Ridge Code of Laws, regarding board of adjustment interpretations, is amended to read: 3. Administrative decisions taken by the director of public works CITY ENGINEER following final approval by the planning commission or city council, as appropriate, may be appealed to the board, which is empowered to reverse or modify such decisions, in whole or in part, upon a showing by the applicant that the effect of the director's decision would impose a particular and unique hardship upon the owner of the subject property, as distinguished from mere inconvenience, and which hardship has not been created by any person presently having an interest in the subject property. Section 16. Section 26-118.B of the Wheat Ridge Code of Laws, regarding right-of-way vacations, is amended to read: B. Vacation by ordinance. Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by a private property owner. If a city-initiated vacation, the department of public works ENGINEERING DIVISION shall prepare a legal description of the right-of-way proposed to be vacated attached to an administrative process application signed by the mayor of the City of Wheat Ridge or his or her representative. […] Section 17. Section 26-224.B of the Wheat Ridge Code of Laws, regarding design manuals, is amended to read: B. Streetscape Design Manual. The community development and public works directors are IS hereby authorized and directed to promulgate regulations that encourage quality streetscape design. Such regulations, when promulgated, shall be fully enforceable with respect to all site development. The City of Wheat Ridge Streetscape Design Manual dated March 2011, is hereby adopted and shall apply as one such regulation. 5 The manual may be amended and updated as a regulation from time to time by the director of community development, IN CONSULTATION WITH THE CITY ENGINEER and the director of public works. Copies of the manual shall be available for inspection and purchase in the office of the department of community development. Section 18. Section 26-304.A.10 of the Wheat Ridge Code of Laws, regarding outline development plan application contents, is amended to read: 10. Additional information may be required dependent upon the size and complexity of impact of the proposal, as determined by the community development director and the public works director PLANNING AND/OR ENGINEERING DIVISIONS. This includes, but is not limited to, drainage study and plan, traffic impact report, grading plan, geological stability report, floodplain impact report, or general environmental impact report. This information will be required in hard copy and in electronic file format. Section 19. Section 26-407.A.11 of the Wheat Ridge Code of Laws, regarding error correction of subdivision plats, is amended to read: 11. Other items or circumstances to be determined by the community development director and/or the director of public works. Section 20. Section 26-410.C of the Wheat Ridge Code of Laws, regarding subdivision plat contents, is amended to read: 1. Project information […] b. A surveyed metes and bounds legal description of the platted boundary, with section ties to two (2) section corners in conformance with city geodetic surveying requirements. Coordinates for all section corners, and quarter-section corners, and PHAC points used shall be consistent with the City of Wheat Ridge current city datum, and are available from the public works department ENGINEERING DIVISION. […] 2. Graphical information […] e. Monument information, including: i. A description of all monuments that mark the boundaries of the property, both found and set, and a description of all control monuments used in conducting the survey. ii. Right-of-way survey monuments shall be established per City of Wheat Ridge standard specifications for all new roadways or relocation of existing roadways, at all new road right-of-way centerline intersections, center of radius for cul-de-sacs, and at the end of the centerline for dead end streets. 6 Right-of-way survey monuments may also be required at roadway centerline points of curvature, points of reverse or compound curvature, and points of tangency, as determined by the department of public works ENGINEERING DIVISION. Section 21. Section 26-411 subsections B and G of the Wheat Ridge Code of Laws, regarding subdivision design, are amended to read: B. Blocks […] 2. In blocks over one thousand (1,000) feet long, mid-block pedestrian crosswalks may be required as determined by the department of public works COMMUNITY DEVELOPMENT DEPARTMENT IN CONSULTATION WITH THE CITY ENGINEER. […] G. Easements 1. Utility. Utility easements shall be designed to minimize the encumbrance to the lot, to minimize maintenance problems, and to avoid anticipated locations of buildings or street trees. For new streets, utilities may be located within the right- of-way as approved by the public works COMMUNITY DEVELOPMENT department. […] 3. Sidewalk. Sidewalk and landscape easements may be required when the sidewalk or streetscape improvements required by the Streetscape Design Manual or Bicycle and Pedestrian Master Plan are not within a dedicated street right-of-way. The width of this easement shall be determined by the public works COMMUNITY DEVELOPMENT department. […] 5. Other easements may be required by the community development or public works departments. […] Section 22. Section 26-412 subsections B and D of the Wheat Ridge Code of Laws, regarding street design, are amended to read: B. Access. […] 2. Whenever possible, residential lots shall not front on arterials (Class 3) or collectors (Class 4). Access to a freeway, arterial or collector shall occur only at intersections approved by planning commission and city council. Such design 7 shall be reviewed by the director of public works COMMUNITY DEVELOPMENT DIRECTOR in consultation with the city traffic engineer. […] D. Design. 1. Right-of-way standards. a. Street and alley rights-of-way shall conform to the city's current standards for width, grade, and design as determined by the public works department COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. 2. Cul-de-sacs. […] d. Surface drainage on cul-de-sacs shall be directed toward the accompanying street or where necessary to a natural watercourse or natural drainage basin if approved by the director of public works COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. Drainage easements may be required through abutting lots where no alternative is capable of carrying drainage. […] 4. Intersections. […] b. Additional right-of-way or pavement width may be required at intersections. The design of intersections shall be determined by the public works director COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER, or when applicable, the Colorado Department of Transportation. […] 4. Grade and topography. […] b. The maximum grade by street classification shall not be exceeded; maximum grade is determined by the public works department COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. Section 23. Section 26-413.B.2 of the Wheat Ridge Code of Laws, regarding dedications and exactions, is amended to read: 2. Dedications required at the time of issuance of a building permit for development, redevelopment, expansion or change of use shall include up to a half-width street dedication and/or construction based on street standards in the subdivision regulations, comprehensive plan, Bicycle and Pedestrian Master Plan, and 8 Streetscape Design Manual. These construction improvements could include street reconstruction, paving, curb, gutter, sidewalk or other improvements deemed necessary by the director of public works COMMUNITY DEVELOPMENT DIRECTOR. See section 5-45. Section 24. Section 26-415.A.2.a of the Wheat Ridge Code of Laws, regarding dedication of public streets, is amended to read: a. Half streets. For streets on the perimeter of a subdivision, the subdivider may be permitted to dedicate sufficient right-of-way to provide an adequate street width for two (2) lanes of traffic in accordance with the city's standards and specifications. In such instances, the subdivider shall be required to construct one-half (½) of the street width plus six (6) feet or other design as determined and approved by public works COMMUNITY DEVELOPMENT department. If on street parking is desired, more right-of-way will be required. Section 25. Section 26-417 subsections B, C, D and E of the Wheat Ridge Code of Laws, regarding required public improvements, are amended to read: B. Compliance with city standards. 1. Specifications for all public improvements are to be determined by the public works department ENGINEERING DIVISION, or in the case of utilities, by other reviewing agencies. 2. No public improvements shall be made until all engineering plans and specifications have been reviewed and approved by the department of public works ENGINEERING DIVISION and all applicable permits have been obtained. C. Types of public improvements: 1. Street and/or streetscape improvements. […] h. Other improvements as specified by the director of public works COMMUNITY DEVELOPMENT DIRECTOR or other reviewing agencies. […] D. As-built plans upon completion. […] 3. As-built drawings shall be provided in hard copy and electronic format. Hard copy drawings shall be signed and sealed by the engineer-of-record. Electronic files shall be an appropriate file format as determined by the public works department ENGINEERING DIVISION. […] E. Required street improvements. […] 9 2. Construction or payment-in-lieu. […] b. Multifamily residential and non-residential. […] ii. In the event that construction of required improvements would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, the applicant may be required to pay a fee-in-lieu of construction. […] c. Single- or two-family residential. […] ii. An applicant may choose to install the improvements or pay a fee in lieu of construction, however in the event that construction of improvements would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, then an applicant may be required to pay a fee in lieu of construction. iii. If fees are paid in lieu of construction, the fee shall be based on the linear frontage of the lot and the prevailing cost of curb, gutter, and sidewalk as determined by the public works department ENGINEERING DIVISION. Section 26. Section 26-418 subsections B and C of the Wheat Ridge Code of Laws, regarding agreement and financial security for required public improvements, are amended to read: B. Requirement for financial security. […] 4. Form of guarantee: a. The guarantee shall be for one hundred twenty-five (125) percent of the estimated costs of the required public improvements as computed by the subdivider and approved by the director of public works and/or the community development director. […] 5. Release of guarantee: a. Guarantee shall be held in perpetuity until released by the director of public works COMMUNITY DEVELOPMENT DIRECTOR. b. The city may release portions of the letter of credit in increments of no less than twenty-five (25) percent at the discretion of the director of public works COMMUNITY DEVELOPMENT DIRECTOR upon written request of the subdivider. In such case, an amended letter of credit shall be required. C. Deferred construction/development covenant. 10 1. Where prior construction of required improvements under section 26-417 would be impractical and if it is recommended by the director of public works and the community development director IN CONSULTATION WITH THE CITY ENGINEER, a development covenant may be entered into by the City of Wheat Ridge and the owner. 2. The development covenant shall be signed by the director of public works COMMUNITY DEVELOPMENT DIRECTOR and attested by the city clerk and shall be recorded in the office of the Jefferson County Clerk and Recorder. 2. The development covenant shall be in a format provided by the community development and public works departments. Section #. Section 26-501 subsections B and C of the Wheat Ridge Code of Laws, regarding off-street parking and loading, are amended to read: E. Standards. […] 8. Off-street loading. […] b. The typical dimensions of an off-street loading space are twelve (12) feet wide by forty (40) feet long, with a minimum vertical clearance of fourteen (14) feet. A minimum maneuvering aisle width of forty (40) feet shall be provided behind the off-street loading space. These dimensions may be altered by the public works COMMUNITY DEVELOPMENT director based on the specific needs of the business and anticipated volumes of use. […] 12. Miscellaneous. […] c. Back-out parking. Except for one- and two-family dwellings, all parking areas shall be designed so that vehicles exiting from the parking area will not be required to back out across any public sidewalk or public right-of-way, unless an exception has been granted by the director of public works COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. […] E. Vehicular access. […] 2. Spacing of vehicle access. […] d. The public works director COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification or waiver to the vehicle access standards and requirements stated in this subsection 2., PURSUANT TO SECTION 21-181 ET SEQ AND based upon 11 consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. 3. Curb cut widths. […] c. [ Modification or waiver. ] The public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification or waiver to the vehicle access standards and requirements stated in this subsection 3., PURSUANT TO SECTION 21-181 ET SEQ AND based upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. 4. Number of access points. […] b. In cases where it is possible to provide one (1) access point which will serve adjacent properties or where adherence to these requirements would leave a parcel of property without vehicular access, curb cut setback or spacing requirements may be reduced or enlarged so as to permit a single vehicular access point if approved by the public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER. […] d. The public works director THE COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER may approve a modification to or waiver to the vehicle access standards and requirements stated in this subsection 4., PURSUANT TO SECTION 21-181 ET SEQ AND based upon consideration of traffic characteristics, both on and off of the site, with the primary purpose of preserving public safety. Section 27. Section 26-502.D of the Wheat Ridge Code of Laws, regarding landscaping requirements, is amended to read: D. District requirements. […] Nothing contained in this section shall prohibit any landowner from landscaping in excess of the minimum requirements stated herein, either on their property or within public right-of-way, if approved by the public works director and/or the community development director; however, offsite landscaping cannot reduce the onsite requirements. Section 28. Section 26-506.F of the Wheat Ridge Code of Laws, regarding mobile home park design standards, is amended to read: F. Pads, mats or platforms. Each mobile home lot shall be provided with a gravel pad acceptable to the department of public works COMMUNITY DEVELOPMENT DEPARTMENT for each location and shall be treated to prevent the growth of weeds, 12 or a concrete pad, mat or platform not less than four (4) inches in thickness, or of equal bearing strength if reinforced concrete is used. Section 29. Section 26-603.B.2.d of the Wheat Ridge Code of Laws, regarding obstructions to view in the sight triangle clear zone, is amended to read: d. Exceptions. Certain obstructions may be approved by the director of public works (or his/her designee) COMMUNITY DEVELOPMENT DIRECTOR IN CONSULTATION WITH THE CITY ENGINEER to be located within the clear zone. […] Section 30. Section 26-609 of the Wheat Ridge Code of Laws, regarding access to public streets, is amended to read: […] Commercial and industrial uses will be permitted such private easements or roadways only after review and approval by the public works director, community development director and fire district. […] Section 31. Section 26-623.B of the Wheat Ridge Code of Laws, regarding grading permits, is amended to read: B. Grading permits. Dumping, landfill, grading, and/or extraction operations which disturb an area of one (1) acre or more in size may be allowed by a permit issued by the engineering manager CITY ENGINEER after reviewing an application and supporting information submitted to the public works department ENGINEERING DIVISION. Such deposit or extraction of earth, sand, gravel, rock, minerals, concrete or asphalt pavement, or other similar materials, and/or storage thereof, are subject to the following conditions. A grading permit may be issued for a period of time not to exceed one (1) year and may be renewed upon written request: 1. Application. An application for grading permit shall be submitted to the public works department ENGINEERING DIVISION and shall be accompanied by the appropriate fee and by engineered plans and drawings which illustrate the following minimum information: […] c. A grading and erosion control plan showing the location and extent of areas to be filled and/or excavated, existing and proposed contour lines using elevations consistent with the current city datum drawn at a scale acceptable to the engineering manager CITY ENGINEER, and any erosion control items required per the stormwater management plan. […] 2. Performance standards. […] 13 e. Site stabilization. All grading permits shall contain provisions to stabilize the site as near or closely as is practicable to its prior natural state or condition or in such state or condition as the engineering manager CITY ENGINEER may approve. Methods of site stabilization shall adhere to all BMPs per the approved stormwater management. […] 6. Hours of operation. All activities shall operate from 7:00 a.m. to 5:00 p.m. Operations shall not be permitted on Saturdays, Sundays or holidays, unless otherwise approved by the engineering manager CITY ENGINEER. Section 32. Section 26-628.E of the Wheat Ridge Code of Laws, regarding vehicle sales, rental and storage lots, is amended to read: E. There shall be a minimum ten (10) foot landscape buffer adjacent to any public street, with such buffer to be completely within the property boundaries, although the owner may additionally landscape that area between the front property line and the street improvements if approved by the public works COMMUNITY DEVELOPMENT director. There shall be no waivers of this landscape buffer requirement. Section 33. Section 26-707.D.2 of the Wheat Ridge Code of Laws, regarding sign interference, is amended to read: 2. No sign is allowed which, even though in general conformance with the standards and requirements of this sign code, is judged by the chief of police, COMMUNITY DEVELOPMENT DIRECTOR and public works director as a dangerous sign due to interference with a traffic control device by being in direct line between the control device and oncoming traffic or otherwise in visual competition with a traffic control device. Section 34. Section 26-711.G.3 of the Wheat Ridge Code of Laws, regarding temporary signs carried by persons, is amended to read: 3. Location: permitted along any public right-of-way, provided there is no negative impact to vehicular, bicycle, or pedestrian safety as determined by the director of public works, COMMUNITY DEVELOPMENT DIRECTOR or chief of police or their designee. […] Section 35. Section 26-802 of the Wheat Ridge Code of Laws, regarding floodplain control definitions, is amended to read: Floodplain administrator. The director of public works COMMUNITY DEVELOPMENT DIRECTOR or designee who is assigned the responsibility to coordinate and deal with all aspects of these regulations. Section 36. Section 26-808.A of the Wheat Ridge Code of Laws, regarding floodplain control administration, is amended to read: 14 A. Floodplain administrator. The director of public works COMMUNITY DEVELOPMENT DIRECTOR of the City of Wheat Ridge or designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: […] b. All applications and certifications shall be submitted to the department of public works COMMUNITY DEVELOPMENT DEPARTMENT from which further routing to other departments and divisions and utility companies shall occur. […] 3. Information to be obtained and maintained: […] c. All records required by these regulations shall be maintained with the associated development permits in the department of public works COMMUNITY DEVELOPMENT DEPARTMENT. Section 37. Section 26-809.D of the Wheat Ridge Code of Laws, regarding floodplain certificate of compliance, is amended to read: D. […] Said submitted certification, along with a copy of the certificate of compliance, shall be kept on record in the department of public works COMMUNITY DEVELOPMENT DEPARTMENT. Section 38. Section 26-1004.B.3 of the Wheat Ridge Code of Laws, regarding Chapter 26 violations, is amended to read: 3. Any class I floodplain permit or excavation and deposit control permit issued by the public works COMMUNITY DEVELOPMENT department. Section 39. Section 26-1110.E.4 of the Wheat Ridge Code of Laws, regarding usable open space requirements, is amended to read: 4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees. A list of recommended plants for stormwater detention areas is available through the public works COMMUNITY DEVELOPMENT department. Section 40. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses 15 shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 41. Effective Date. This Ordinance shall take effect upon adoption and signature of the Mayor, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _7_ to _0_ on this 13th day of January 2020, 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 January 27, 2020 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020. __________________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: January 16, 2020 Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ATTACHMENT 2 ITEM NO: DATE: January 27, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2020 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING RESIDENTIAL GROUP HOME AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING (01/27/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/10/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The zoning code currently regulates a variety of non-traditional residential living arrangements, including group homes for the elderly and children as well as treatment clinics. The code fails, however, to recognize certain types of arrangements including group homes for disabled persons. The enclosed ordinance eliminates distinctions that no longer have a meaningful land use planning purpose and imposes neutral nondiscriminatory zoning regulations upon residential group homes for disabled persons. PRIOR ACTION: The City’s regulations for group homes for disabled persons have not been altered since 1996. Council reviewed this subject at study sessions in December and on January 6, and at that time directed that the attached ordinance be sent to the Planning Commission for review and recommendation. The Commission met on January 16 and provided a recommendation of approval with one recommended amendment: that the semi-annual certification be applied to all types of group homes, and this change has been incorporated into the attached ordinance. Meeting minutes from the meeting will be provided with the ordinance at second reading. FINANCIAL IMPACT: For those group homes subject to land use applications or business licensing, fees will apply. 3 Council Action Form – Group Homes January 27, 2020 Page 2 BACKGROUND: The City’s group home regulations have remained unchanged since 1996. In 2012, City Council was briefed on zoning issues and approved a temporary moratorium; at that time an ordinance was prepared and introduced but never adopted. More recently, the establishment of new group homes in the City which are protected by federal fair housing laws brought the issue to Council’s attention. Council directed staff to revisit the topic at a study session that was held on December 2, 2019. A follow-up study session was held on January 6, 2020 to review a draft of the enclosed ordinance and Council gave direction to proceed with the code amendment process. Current Code The City’s current zoning regulations, in Chapter 26 of the Code, recognize different types of group homes: • Residential group homes for up to 8 elderly persons have been allowed in all residential districts as a permitted use. Residential group homes for 9 or more elderly have been allowed in all residential districts as a special use. • Residential group homes for children have been allowed as a special use in all residential districts, with a minimum lot area of 1,500 square feet per child in residence. • Residential group homes for any number of residents who would be defined as a handicapped person in the Federal Fair Housing Amendments Act have been considered to be a “family” and therefore have been allowed as a permitted use in all residential districts, with no restriction on the number of residents. The Federal definition of what constitutes a handicapped person has expanded over time and includes groups such as developmentally disabled persons, physically disabled persons, and persons in recovery from alcohol or drug addiction (but not currently using). The City Attorney’s Office has advised that it is permissible, but not required, under state and federal law, to regulate certain aspects of group homes for the disabled, including imposing a numeric limitation on the size of such homes. Consensus among staff and City Council has been to modify existing code to address residential group homes for the disabled and to make group home regulations more consistent and clear. Based on the implications of state and federal law, the City Attorney’s office has taken the lead in drafting the proposed code amendment. Proposed Code Amendment The attached ordinance revises current regulations in the following respects: 1) Adding a new definition of “Residential group home for disabled” to include persons who are “handicapped or disabled,” as defined by state or federal law, and their caretakers. 2) Creating a regulatory scheme under which all residential group homes are regulated in the same manner. Group homes have similar land use impacts, and this change reduces redundancies and improves clarity. 3) Amending the land use charts to distinguish between residential group homes of eight (8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus required staff. Larger group homes require special or conditional use approval. Group homes for 15 or more persons are not permitted in residential zone districts, as a group home of this size Council Action Form – Group Homes January 27, 2020 Page 3 would be considered more institutional in nature and more appropriate in a commercial context. 4) Amending the definition of “Family” to eliminate its current inclusion of handicapped and disabled group living situations and to eliminate what was likely an unintended exclusion of four (4) persons over the age of sixty (60) living together. The current “family” definition includes groups of three (3) and five (5) unrelated persons over the age of sixty (60) living together, but not four (4). 5) Deleting the restriction on the number of live-in caretakers in residential group homes for the elderly. Staff believes the economics of operating a group home will naturally dictate a small number of live-in caretakers. 6) Eliminating the current distinction between substance abuse clinics for the treatment of drug abuse and clinics for the treatment of alcohol abuse; eliminating the current distinction between outpatient and residential substance abuse clinics; and eliminating the requirement that such clinics dispense medication or other controlled substances as a part of their treatment programs. 7) Amending the Commercial and Industrial land use chart to eliminate confusing cross- references concerning clinics for counseling generally and substance abuse clinics. Substance abuse clinics are currently permitted as a special use in C-1 and C-2 and permitted in I-E; and no change is proposed. 8) Imposing the same off-street parking requirements on all residential group homes below a given occupancy level. 9) Requiring a semi-annual certification from operators of group homes that confirms the home is in compliance with state, county and city requirements. 10) Prohibiting meetings or gatherings on-site at group homes that are inconsistent with the activities otherwise permitted in the zoning district. 11) Providing a procedure for accepting and reviewing applications for “reasonable accommodations” to the regulations, in order to comply with the requirements of federal law. The proposed changes are generally consistent with the regulations of other Front Range communities. The cities of Arvada, Aurora, Denver, Englewood, and Lakewood all allow group homes of eight or fewer residents as a permitted use in residential zone districts. In Westminster a conditional use permit is required. RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements, on first reading, order it published, public hearing set for Monday, February 10, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Council Action Form – Group Homes January 27, 2020 Page 4 Or, “I move to postpone indefinitely Council Bill No. 02-2020 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements” for the following reason(s) _________________.” REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 02-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________ COUNCIL BILL NO. 02 ORDINANCE NO. ____ Series of 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING RESIDENTIAL GROUP HOME AND SUBSTANCE ABUSE CLINIC ZONING REQUIREMENTS WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and Article 23 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the “Council”), previously adopted planning and zoning regulations, codified as Chapter 26 of the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, said Chapter 26 currently regulates the zoning of group homes of various types but it fails to regulate group homes for disabled persons; and WHEREAS, the Wheat Ridge City Council (“Council”) finds that it is permissible under current case law to impose neutral nondiscriminatory zoning regulations upon residential group homes for disabled persons; and WHEREAS, the Council further finds that it is desirable and equitable to regulate all types of residential group homes in a similar fashion; and WHEREAS, the Council therefore desires to amend certain provisions of Chapter 26 of the Code to regulate group homes for disabled persons in the same manner as other group homes, as permitted by law, to regulate substance abuse clinics for drug abuse and clinics for alcohol abuse in the same manner, and to eliminate certain other distinctions between group homes that no longer have a meaningful land use planning purpose. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of “Family” set forth therein as follows: Family. One (1) or more persons related by blood, marriage, adoption, or legal custody plus domestic servants employed for service on the premises, or a group of not more than three (3) persons who need not be so related living together as a single housekeeping unit. Five (5) people over the age of Four (4) or five (5) unrelated people sixty (60) 2 years of age or over sharing one (1) housekeeping unit shall also be deemed to be a family. Notwithstanding the foregoing, a family shall be deemed to include four (4) or more persons that are not related by blood, marriage, adoption, or legal custody occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S. A family shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended, unless related by blood, marriage, or adoption or legal custody. A household that includes four (4) or more persons identified above shall not be excluded from the definition of "family" by the residence in the household of additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by amending the definition of “Residential group homes” set forth therein as follows: Residential group homes. This term includes the following categories: (a) Group home for children: A facility licensed by the Jefferson County or State Department of Human Services as a residential child care facility or specialized group facility, as defined by and pursuant to Article 6 of Title 26, Colorado Revised Statutes, as existing or hereafter amended. The age of a child placed in a group home for children may not exceed eighteen (18) years or, in the case of a child placed in a group home by court order prior to his or her eighteenth birthday, twenty-one (21) years. Group homes for children do not include facilities for the placement of children operated directly by the division of youth corrections of the Colorado Department of Human Services, the mental health division of the Colorado Department of Human Services, or the alcohol and drug abuse division of the Colorado Department of Public Health and Environment, even if licensed by Jefferson County Department of Human Services. See section 26-612. A group home for children shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended. (b) Group home for elderly persons: A residential facility for the exclusive use of persons sixty (60) years of age or older who do not need skilled and intermediate care, plus no more than two (2) live-in staff persons employed in the care and supervision of such elderly persons. 3 (c) Congregate care home: A residential facility established for the exclusive use of more than eight (8) elderly persons, sixty (60) years or older, where intermediate nursing care may or may not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a central kitchen and may be served in a central dining room or taken in the living quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed occupancy load, shall constitute one (1) family unit. (d) Nursing home: A state-licensed health care facility which provides essential care on a twenty-four (24) hour basis by medical professionals to provide short-term convalescent or rehabilitative care or long-term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. For purposes of this chapter, a "residential group home" shall not include a household of four (4) or more persons occupying a residential dwelling unit and living as a single housekeeping unit if the occupants are handicapped persons as defined in title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S., and such additional necessary persons (and their families) employed in the care and supervision of such handicapped or disabled persons. A group home for handicapped or disabled persons shall not include more than one (1) person required to register as a sex offender pursuant to § 18- 3-412.5, C.R.S., as amended. (e) Group home for the disabled: A residential facility for the exclusive use of persons who are handicapped as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, or disabled persons as defined by § 24-34-301, C.R.S., and such additional necessary persons employed in the care and supervision of such handicapped or disabled persons. “Handicap” and “disability” have the same legal meaning. A group home for the disabled shall not include more than one (1) person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended. Residential group homes for disabled persons, particularly as they relate to recovering (not presently using) alcoholics and persons with drug addictions, may also be known as group home living arrangements. 4 Section 3. The definition of “substance abuse clinic” set forth in Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows: Substance abuse clinic. A clinic, office or other facility which exclusively provides outpatient or residential treatment for substance abuse other than alcoholism, involving, which may involve in whole or in part, the dispensation of medication or other controlled substances as part of addiction therapy or management, excluding clinics operated in association with a medical practice for other purposes. Section 4. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Residential group home for children See § 26-612 S S S S S S S S Residential group homes, nursing homes, and congregate care facilities for 8 or fewer elderly persons, plus staff See § 26-612 P P P P P P P P Residential group homes, nursing homes, or congregate care facility for 9 to 14 or more elderly persons, plus staff See § 26-612 S S S S S S S S Residential group homes for 15 or more persons, plus staff Section 5. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended by amending the rows concerning residential group homes as follows: Uses Notes A-1 A-2 PF Residential group homes for 8 or fewer elderly persons, plus staff See § 26-612 P P Residential group or nursing homes, or congregate care facilities for 9 to 14 or more elderly persons, plus staff See § 26-612 S S Residential group homes for children See § 26-612 S 5 Residential group homes for 15 or more persons, plus staff Section 6. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the row concerning counseling and treatment clinics as follows: Uses Notes NC RC C-1 C-2 I-E Clinics and offices for the counseling and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse clinics C-1, C-2 & I INCLUDE: Residential facilities. NC & RC EXCLUDES: Residential facilities ALL districts INCLUDE: Counseling and treatment for alcoholism PS P P P P Section 7. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended by amending the existing rows concerning residential group homes and inserting a new row in the appropriate alphabetical location concerning congregate care: Uses Notes NC RC C-1 C-2 I-E Congregate care and nursing homes S S P P P . . . Residential group and nursing homes and congregate care facilities for 8 or fewer elderly persons, plus staff See § 26-612 P P P P P Residential group and nursing homes and congregate care facilities for 9 or more elderly persons, plus staff See § 26-612 S S S Residential group home for children S S S Section 8. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by deleting the following rows from “Table 6: Schedule of Required Off-Street Parking” thereunder: 6 TABLE 6: Schedule of Required Off-Street Parking Use Requirement Elderly group home 0.5 space for each elderly occupant, plus the standard residential dwelling requirement Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street parking and loading standards, is hereby amended by amending the parking standards for residential group homes under “Table 6: Schedule of Required Off-Street Parking” as follows: TABLE 6: Schedule of Required Off-Street Parking Use Requirement Residential group homes for youths 18 years and younger for up to 14 persons, plus staff 2 spaces per home with street parking or 4 spaces per home without street parking plus 1 space per each eight beds Single-family residential dwelling requirement plus 1 space per employee on maximum shift Section 10. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by amending the existing row concerning residential group homes and inserting new rows concerning residential group homes as follows: Permitted Uses Use Group MU-C MU-C Int MU-C TOD MU-N Residential group homes for 8 or fewer persons, plus staff P P P P Residential group homes for 9 to 14 persons, plus staff C C C C Residential group home for 15 or more persons, plus staff NP NP NP NP Section 11. Section 26-612 of the Code of Laws concerning supplementary regulations pertaining to residential group homes is repealed in full and reenacted to read: Sec. 26.612. Residential group homes. The following supplemental requirements apply to residential group homes by category, as defined at section 26-123: A. All group homes: 7 1. Shall maintain all required state and county licenses for occupation 2. Shall maintain compliance with all applicable fire, building and safety codes. 3. Separation requirements: No group home within any residential zone district shall be located on an adjacent lot or parcel or within the following distances to group homes: a. For group homes with up to and including 8 residents: 750 feet; b. For group homes with 9 to 14 residents: 1500 feet The purpose for this requirement is to ensure that a residential setting is maintained for the persons resident in the home. 4. Parking, screening and buffering: For all group homes with 9 or more residents, a special or conditional use permit is required. Such permit shall require, in addition to any other conditions, that the facility shall comply with the parking standards of the Code. All commercial components, such as parking lots and playgrounds shall be screened and buffered from neighboring residences and uses to the extent practical. The city may also request a trip generation study. 5. In all residential zone districts, meetings or gatherings on-site at a residential group home that are consistent with a normal residential family setting shall be allowed, however shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the resident persons. This does not permit conducting ministerial activities of any private or public organization or agency or permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. See, CRS §30-28-115(2)(c). 6. The owner or operator of a group home shall semi-annually (by March 31 and September 30 of each year), and otherwise upon request by the City, provide a certificate to the city, in a form provided by the city, documenting compliance with this Chapter. B. Group homes for disabled persons: Reasonable accommodation procedure. a. Policy. It is the City’s policy to provide a reasonable accommodation in accordance with federal and state fair housing laws (42 USC §3600 et seq. and CRS §29-34-301) for persons with disabilities seeking fair access to housing in the application of this chapter. The purpose of this section is to establish the procedure by which a person may request a reasonable accommodation and how the request is to be processed. b. Reasonable accommodation. Any person seeking to operate a residential group home that will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a regulation policy, or condition of this chapter that poses a barrier to equal access to housing. 8 c. Procedure. i. Application required. An application for a reasonable accommodation shall be filed with and processed by the City Manager or designee. The application shall include the following information and be subject to the determinant factors required by this section. ii. Submittal requirements. The application shall be made in writing, and shall include the following information: (a) The specific provision, regulation, policy or conditions in this chapter from which the reasonable accommodation is being requested. (b) The specific exception or modification sought from the application of the subject provision, policy, or condition of this chapter that the applicant seeks; (c) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; (d) Any other information that the City Manager or designee reasonably determines is necessary to evaluate the request for a reasonable accommodation; (e) Any other information that the City Manager or designee reasonably concludes is necessary to determine whether the findings required by subsection (G) can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. d. Fees. No application fee is required to request a reasonable accommodation. e. City Manager action. Within 60 days of receipt of a completed application, the City Manager or designee shall issue a written determination to approve, conditionally approve, or deny a request for the requested reasonable accommodation. f. Standards for granting a reasonable accommodation. The following factors may be considered in determining whether to grant a reasonable accommodation: i. Whether a less drastic exception or modification to the applicable provision, regulation, policy, or condition that achieves the same end as the requested reasonable accommodation is available; ii. Special needs created by the disability at issue; 9 iii. Potential benefit that can be accomplished by the requested modification; iv. Potential impact on properties within the vicinity; v. Physical attributes of the subject property and structures; vi. Alternative accommodations that may provide an equivalent level of benefit; vii. Whether the requested accommodation is needed to enable the home to be located sufficiently proximate to services and facilities as convenience stores, commercial services, public transportation, and public recreation facilities. viii. Whether the requested accommodation would impose an undue financial or administrative burden on the city; ix. Whether the requested accommodation would require a fundamental alteration in the nature of a program of the city. g. Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval. In making these findings, the City Manager or designee may approve alternative reasonable accommodations which provide the applicant with an equivalent level of benefit. i. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under federal and Colorado fair housing laws; ii. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling; iii. The requested accommodation will not impose an undue financial or administrative burden on the city, as “undue financial or administrative burden” is defined in federal fair housing laws (42 USC § 3600 et seq.) and interpretive case law; iv. The requested accommodation will not, under the specific facts of the application, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others; v. Whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting; vi. The requested accommodation will not result in a fundamental alteration in the nature of the requirements of this chapter. 10 Section 12. 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 13. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 14. Compliance Required – Schedule. Group homes for up to and including eight (8) disabled residents shall come into compliance with the requirements of Section 26-612.B.1 within six (6) months of the effective date of this ordinance. Group homes for 9-14 disabled residents shall apply for and obtain a special or conditional use permit required by Section 26-204 and 26-612.A.4 within six (6) months of the effective date of this Ordinance. Group homes in existence on the effective date of this Ordinance which do not meet the separation requirements of Section 26-612.A.3 shall be permitted to continue operation as legal nonconforming uses with respect to such separation requirements, so long as said group homes are otherwise in compliance with this Code as amended hereby. Except as specifically described in this Section 14, all other requirements of this Ordinance shall apply upon the effective date of this Ordinance. Section 15. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this _____ day of ___________, 2020, 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 _______________, 2020, 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 _____________, 2020. SIGNED by the Mayor on this ________ day of ____________________, 2020. Bud Starker, Mayor 11 ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: