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HomeMy WebLinkAboutCity Council Agenda Packet 02-10-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 10, 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 December 9, 2019; Council Minutes of January 27, 2020 and Special Study Session Notes of January 27, 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. 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 CITY COUNCIL AGENDA: February 10, 2020 Page -2- 2. Resolution No. 10-2020 - a resolution approving the assignment to the Housing Authority of the City of Lakewood, Colorado, D/B/A Metro West Housing Solutions of $1,665,506 of the City of Wheat Ridge, Colorado’s 2020 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an assignment and other documents in connection therewith ORDINANCES ON FIRST READING 3. Council Bill No Council Bill No. 03-2020 - an ordinance amending Section 1-5 of the Wheat Ridge Code of Laws concerning penalties for municipal court violations 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 December 9, 2019 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 Janeece Hoppe Valarie Nosler Beck Also present: City Clerk, Steve Kirkpatrick: City Attorney, Gerald Dahl; City Manager, Patrick Goff; Division Chief Lorenz; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF Study Session Notes of November 18, 2019 The City Council minutes of the Study Session Notes of November 18, 2019 were approved as published, with two changes. Ms. Hoppe asked that the minutes for item regarding massage service businesses reflect in the consensus “that the first reading only occur following public outreach to stakeholders in that business sector“. Ms. Hultin asked that the minutes also reflect that licensing fees will represent a significant portion of the revenue for regulating massage businesses. Ms. Hultin also wanted to add this sentence with respect to Ms. Howard’s comments during Citizens Right to Speak. “Ms. Howard also mentioned that the Foothills Animal Shelter depends on the revenue from individuals licensing their pets to fund the majority of their annual overhead budget.” Without objection, the changes to the minutes is entered into the record. PROCLAMATIONS AND CEREMONIES Presentation of Patrol vehicle Unit 1 Renovation video by Division Chief Lorenz commemorating the first police car put into service in Wheat Ridge in 1969 began at 7:47 pm. APPROVAL OF AGENDA Without objection, the Agenda for this meeting was approved. CITIZENS’ RIGHT TO SPEAK Chris Chidley (WR) spoke on two issues. She asked that the City review for further consideration and possible Code changes ordinances related to subdivisions of fewer than three lots. City Council Minutes December 9, 2019 page 2 She also urged Council to enact ordinances raising the legal age to purchase tobacco products and vaping products to 21. She expressed strong concerns related to the health of young residents, not only because of possible nicotine addiction but also because of recent epidemics of health problems from vaping. Roger Loecher (WR) rose to speak about RoW purchases along Wadsworth Boulevard to acquire property for the Wadsworth redevelopment and widening project. He distributed 25-foot retractable tape measures to all present on Council and staff. Then he asked that each person measure 25 feet from their front porch toward the street, to see how much of their property they would have to sacrifice to allow a street expansion. He also expressed concerns that continuous flow interchanges at street intersections will create more problems than they solve, in his opinion. 1. CONSENT AGENDA Councilmember Hutchinson introduced the Consent Agenda. a. Resolution No. 64-2019, a resolution approving a contract with the Colorado Department of Transportation regarding improvements at the intersection of State Highway 72/Ward Road and W 52nd Avenue b. Resolution No. 65-2019, a resolution approving the restatement of the City of Wheat Ridge Money Purchase Pension Plan for designated police department employees Motion by Councilmember Hutchinson to approve Consent Agenda Items a.) And b); seconded by Councilmember Mr. Urban; motion carried 8-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. Council Bill 20-2019 – An Ordinance approving conveyance of real property to the City of Arvada, and in connection therewith approving termination of an easement agreement and conveyance of real property to the City The Mountain Gateway project in the City of Arvada on the west side of Robb Street requires additional right-of-way (ROW) to construct Robb Street. The City of Arvada is also requesting that easements rights be extinguished. In addition, the Mountain Gateway project will be dedicating property to the City in order to expand the Ridge Road Regional Pond to provide the required storm water detention. Councilmember Nosler Beck introduced Council Bill 20-2019. City Clerk Kirkpatrick assigned Ordinance 1678 Mayor Starker opened the public hearing. No citizens came forward to address this proposed action. City Council Minutes December 9, 2019 page 3 Staff Presentation Addressed the location and description of the parcels impacted by the proposed change effected in the ordinance (and the ordinance in the next agenda item). . Public Comment No one came forward to speak. Council Questions None were asked. Mayor Starker closed the public hearing. Motion by Councilmember Nosler Beck to approve Council Bill 20-2019, an ordinance approving conveyance of real property to the City of Arvada, and in connection therewith approving termination of an easement agreement and conveyance of real property to the City on second reading, and that it take effect immediately upon Council adoption, seconded by Councilmember Urban; motion carried 8-0. 3. Council Bill 22-2019 – An Ordinance amending the Wheat Ridge Code of Laws concerning contributions to the Police Pension Fund The 2020 budget, authorized by City Council on October 14, 2019, appropriates funds to increase the City’s contribution to sworn employees’ pension by 0.5% for a total contribution of 10.5%. As the current contribution (10%) is specified in the City’s code along with an equal match by employees, a code amendment is necessary to operationalize Council’s intent. Councilmember Stites introduced Council Bill 22-2019. City Clerk Kirkpatrick assigned Ordinance 1679 Mayor Starker opened the public hearing. No one came forward to comment. Staff Presentation Mr. Goff explained the change in already included in the 2020 City Budget and the reason why an Ordinance is required to implement the increase in police pension contribution by the City. Public Comment No one came forward to speak. Council Questions Mr. Urban asked how this change compares with other cities. Mr. Goff stated that the average among nearby cities is 11.5-12.0%, and that the plan is to increase the City’s contribution by 0.5% each year for the next 2 fiscal years. Mayor Starker asked for an explanation of the changes to the ordinance related to plan participants’ contributions, and Mr. Goff explained the reasons and purpose. City Council Minutes December 9, 2019 page 4 Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve Council Bill 20-2019, an ordinance amending the Wheat Ridge Code of Laws concerning contributions to the Police Pension Fund on second reading, and that it effect 15 days after publication, seconded by Councilmember Hoppe; motion carried 8-0 ORDINANCES ON FIRST READING 4. Council Bill 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 (Case No. ANX-19-01). 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, consisting of approximately 1.14 acres. Annexation of the Jefferson County right-of-way into the City of Wheat Ridge will simplify the design, construction and future maintenance of this segment of 52nd Avenue. Jefferson County submitted an annexation petition to the City on October 11, 2019. The annexation process is dictated by state statute, and this ordinance is a required step for approval. Councilmember Hultin introduced Council Bill 22-2019. Motion by Councilmember Hultin to approve Council Bill 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 (Case No. ANX-19-01), on first reading, order it published, public hearing set for Monday, January 13, 2019 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Urban; carried 8-0. 5. Council Bill 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) 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 City Council Minutes December 9, 2019 page 5 Avenue, between Ward Road and Tabor Street, comprising 1.14 acres of land. This property is concurrently being considered for annexation. 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 being considered for annexation and zoning 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. Councilmember Urban introduced Council Bill 23-2019. 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 first reading, order it published, public hearing set for Monday, January 13, 2019 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Stites; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 6. Motion to award a contract and approve subsequent payments to MIG, Denver, CO, in an amount not to exceed $175,000 for professional services for the 44th Avenue subarea plan Funds were previously budgeted to complete a 44th Avenue subarea plan, and this priority was reaffirmed by the updated Neighborhood Revitalization Strategy (NRS) which identifies the corridor as a high priority planning effort. On October 18, 2019 the firm MIG was selected by the City’s established procurement process to perform the required professional services for completion of the subarea plan. Councilmember Dozeman introduced Item 6. Staff Presentation Mr. Johnstone explained the details of the proposed consulting contract and the reasons for it, including reasons for selecting the chosen consulting firm. He stated the funds are already in the 2020 City budget previously approved by the Council. Public Comment – No one came forward with a public comment. City Council Minutes December 9, 2019 page 6 Council Questions Ms. Hoppe asked for an explanation of the process for appointing hearing committees, and Mr. Johnstone explained the current state of developing and planning the implementation of the process. Ms. Hultin asked questions about the traffic studies contemplated in this project, and asked whether multi-modal transportation is included in the study. The answer from Mr. Johnstone was affirmative. Ms. Hultin also asked whether this project will also examine impacts of other current projects, including the Wadsworth Redevelopment. Again, the answer was affirmative. Mr. Urban asked about the extent of the project, from which streets on each end. Mr. Johnstone answered. Ms. Hoppe expressed a concern that the project also looks at inputs from various other commissions and groups. Motion by Councilmember Dozeman to award a contract and approve subsequent payments to MIG, Denver, CO, in an amount not to exceed $175,000 for professional services for the 44th Avenue subarea plan; seconded by Councilmember Nosler Beck; carried 8-0. 7. Motion to approve the at large, elected City official Mayoral appointment of Councilmember Janeece Hoppe to the Wheat Ridge Urban Renewal Authority Board. The members of Wheat Ridge Urban Renewal Authority (the “Authority”) are appointed by the Mayor subject to approval by a majority vote of the entire City Council. Former Councilmember Kristi Davis served on the Authority representing the at large, elected city official seat. Ms. Davis’ City Council term expired on November 18, 2019. The Mayor is appointing Councilmember Janeece Hoppe to fill the vacant at large, elected City official seat. Mayor Starker introduced Item 7. Councilmember. Urban moved to approve the Mayor’s appointment, seconded by Councilmember Stites. Motion carried 8-0. Motion by Councilmember Urban to approve the at large, elected City official Mayoral appointment of Councilmember Janeece Hoppe to the Wheat Ridge Urban Renewal Authority Board; seconded by Councilmember Stites; carried 8-0. City Council Minutes December 9, 2019 page 7 CITY MANAGER’S MATTERS Mr. Goff announced that recruitment of a Police Chief is down to 2 candidates, who will appear at a public forum on December 18-19, in City Council Chambers. CITY ATTORNEY’S MATTERS Nothing. ELECTED OFFICIALS’ MATTERS Ms. Hutchinson expressed appreciation for the holiday lighting now on display. Ms. Nosler Beck thanked Local Works for the holiday lighting event, which she believed was enjoyable and interesting to everyone. She also congratulated Ms. Hoppe on appointment to the Urban Renewal Authority. Mr. Urban and Ms. Dozeman echoed the sentiments previously expressed to Local Works. She also expressed appreciation for volunteer work on the Carnation Festival. Ms. Hultin expressed appreciation for the renovation of Wheat Ridge Police Car #1. She also encouraged Wheat Ridge citizens to consider holiday shopping at local Wheat Ridge businesses. Mr. Stites echoed the sentiments expressed previously about Local Works. Ms. Hoppe also echoed these same sentiments. She also thanked the volunteers who made the evening special. Mayor Starker also expressed his appreciation for all the work that went into the lighting ceremony last Saturday. He also expressed the hope that citizens will shop locally. He also asked that drivers pay close attention to pedestrians, especially children, now that darkness falls about 5 PM. ADJOURNMENT The meeting adjourned at 8 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON January 27, 2020 ______________________________ Janeece Hoppe, Mayor Pro tem City Council Minutes December 9, 2019 page 8 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. CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 27, 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 Janeece Hoppe Valarie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF Council Minutes of January 13, 2020 There being no objections, the City Council minutes of January 13, 2020 were approved as published. APPROVAL OF AGENDA Without objection, the agenda was approved as submitted. CITIZENS’ RIGHT TO SPEAK Mr. Bill Powell, 4110 Upham St., WR – rose to ask questions about right of way (ROW) acquisition of part of his property. He had questions about why his property appears to have been treated differently from his neighbors, and about the process the City has undertaken. Mayor Starker, Mr. Goff and Mr. Johnstone spoke with Mr. Powell about further meetings with him in the near future to explain and clarify his situation. Ms. Kate Cooke, from Wheat Ridge Local Works, invited all elected officials, city staff and interested citizens to attend the Local Works Open House, the first of several in 2020, this Thursday, January 30, 2020, 5:30 – 7:30 PM, at Seyfer Specialties, 4509 Harlan St., WR. 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 b. Motion to approve the purchase and payment of 2020 vehicle replacements and the purchase and payment for installation of lighting, City Council Minutes January 27, 2020 page 2 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 Councilmember Dozeman introduced the Consent Agenda. Motion by Councilmember Dozeman to approve Consent Agenda Items a.), b), c.), d.) and e.); seconded by Councilmember Urban; motion carried 8-0. PUBLIC HEARING AND ORDINANCES ON SECOND READING 2. 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. Councilmember Stites introduced Council Bill 22-2019. 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. City Clerk Kirkpatrick assigned Ordinance 1683. Mayor Starker opened the public hearing and swore in the speakers. Staff Presentation Having discussed this proposed ordinance during study sessions and regular council meeting previously, and hearing no questions from Council or the Mayor, there was no further explanation from staff. Public Comment – No one came forward to speak. Council Questions – No questions from Council. City Council Minutes January 27, 2020 page 3 Mayor Starker closed the public hearing. 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 second reading, and that it take effect immediately upon Council adoption and signature of the mayor, seconded by Councilmember Dozeman; motion carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill 02-2020 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements Councilmember Hoppe introduced Council Bill 02-2020 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. Motion by Councilmember Hoppe to approve Council Bill 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; seconded by Councilmember and Mayor Pro-Tem Hoppe; carried 8-0. (There were brief, technical difficulties with the dais voting hardware; to ensure that there is no question later about the vote, the Mayor and Ms. Hoppe asked that the Clerk poll the Council again. Upon that second polling, the vote was again unanimously in favor; motion passed 8-0.) CITY MANAGER’S MATTERS Mr. Goff discussed the closure of Lucky’s Market, the reasons behind the closure, and next steps to find new business(es) to occupy that space. Lucky’s Market owns the store, another party (the developer of that entire project at 38th Avenue and Wadsworth) owns the land, and the City has no real estate interest at that location. He also discussed the impact of the closing on our City revenue, and the staff’s sense of urgency to move forward with a new plan. Councilmember Nosler Beck ask whether there is a way for residents to share their concerns and ideas for a new use of the location. Mr. Goff answered affirmatively. He City Council Minutes January 27, 2020 page 4 explained that there will be a longer-term process to develop a new occupancy of the Lucky’s building. Councilmember Hultin asked for clarification of the impact the Lucky’s closing will have on the other tenants and the status of building the residential housing under construction at the site. Delays in the construction of the residential units were mainly a result of a lack of labor, and a contractor’s decision to review and change the structural design; the new design uses less concrete and still ensures structural integrity per a review by civil engineers. A new restaurant is ready for a permit to move into one of the vacant spaces along Wadsworth Blvd. Mr. Urban asked about the impact of possible Chapter 11 bankruptcy proceedings on the lease Lucky’s has for land owned by the developer. Mr. Dahl enumerated several options the City would have if the legal proceedings impact or delay new development. Mr. Urban urged staff to watch the situation closely. CITY ATTORNEY’S MATTERS Nothing to report. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick reported that the Clerk’s Office has received a number of applications for positions on City boards and commissions. The deadline for submitting applications is Friday, January 31, 2020 at 5:00 pm. He asked that Councilmembers and the Mayor continue to recruit applicants and check with those who agreed to apply to ensure that their applications have already been submitted or will be on time. Councilmember Hutchinson congratulated WR HS on its recent athletic accomplishments. She also expressed concern about the widespread impact of the closure by Jefferson County of the Jefferson County Fairgrounds (due to budget constraints). Ms. Hutchinson discussed the many and varied uses for the fairgrounds throughout the year, urged people to attend upcoming public meetings about the closure and contact our Jefferson County Commissioners about the situation. Councilmember Urban announced that Girl Scout Cookie season is drawing near and urged people to support the fundraiser. He also reminded people that Uncle Julio’s Hacienda CO opens February 18th in the Applewood Shopping Center, along Youngfield St. He described his tour of the restaurant and his excitement about having another, new restaurant in Wheat Ridge. Councilmember Nosler Beck urged people to attend and support the WRHS After-Prom Committee fund raiser. She encourage people to volunteer to prepare and provide food, suggesting pots of chili as an example. City Council Minutes January 27, 2020 page 5 Councilmember Hultin announced a public meeting on February 6, 6:00-7:30 PM at the WR Recreation Center to discuss bringing Artspace to WR. A nationally recognized program with a strong success record elsewhere, Artspace provides space for local artists to create their works. Councilmember Weaver reminded people that Community Gardens season will open soon. Community Garden participation is open to all residents, and affords a great opportunity to grow locally produced food, meet other gardeners and positively impact our environment. She urged people to participate by planting a plot to grow food locally. Councilmember Weaver also urged people to come meet your local farmers on February 20th in the Lutheran Hospital Atrium, 5:00-8:00 PM. Ms. Hoppe urged people to attend the public hearing on the Jefferson Co. Fairgrounds, scheduled for tomorrow evening, January 28th 2020. ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 7:37 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON February 10, 2020 ______________________________ Janeece Hoppe, Mayor Pro tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, or on YouTube. The Office of the Clerk also has copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue January 27, 2020 Upon adjournment of the Regular City Council Meeting Mayor Bud Starker called the Special Study Session to order at 7:44 p.m. Council members present: Zachary Urban, Judy Hutchinson, Amanda Weaver, Korey Stites, Janeece Hoppe, Leah Dozeman, Valarie Nosler Beck and Rachel Hultin Also present: City Clerk, Steve Kirkpatrick; City Manager, Patrick Goff; City attorney, Jerry Dahl; other staff, guests and interested citizens. CITIZEN COMMENT ON AGENDA ITEMS 1. Delegation of 2020 Private Activity Bond Cap to Jefferson County Housing Authority The City of Wheat Ridge has received an allocation of $1,665,506 for the purpose of issuing Private Activity Bonds (PABs) in 2020 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Metro West Housing Solutions which has agreed to issue PABs for the renovation of the Caesar Square Apartments owned and operated by the Jefferson County Housing Authority (JCHA). The City also assigned its 2019 PAB cap to West Metro Housing Solutions for this same project. JCHA is asking for the City’s 2020 allocation to help increase the hard costs of improvements to Caesar Square from $6 million to approximately $10 million. 2. Staff Report(s) Mr. Goff announced that Lori Rosendahl, Executive Director of Jefferson County Housing Authority, and Julie Stern, Director of Development for that agency, were present and would brief Council on the details. Ms. Stern explained the legal structure of the credit facilities, who issues them, and who may invest in them. She also explained how the bonds issued will be serviced with revenue from the project. At least 50% of the funding must be from private sources. She explained why the growth of the overall size of the project requires approval of the proposed Private Activity Bonds. Mr. Goff explained how this investment will have strong, important and lasting impact on the City. Mayor Starker and Councilmembers had questions and comments: • Explain the changed parameters of the project, such as the number of housing units and their interior design. Ms. Stern explained how the additional funds will make a difference in several ways, including providing more accessible units. • How affordable will the units be? Ms. Stern replied with details on household income limits for the designated affordable units. • Mr. Goff explained that the affordability parameters we have supported in the past will continue. • Several Councilmembers expressed their appreciation for the project. • There were specific questions about the acronyms used and land ownership, which were answered with details. • When will the construction will begin? • There were also detailed questions about accessibility, and about ensuring that current residents can keep their current residences after the project is finished. Mayor Pro-Tem Hoppe received unanimous consent to bring forward at a future Council meeting an action item to approve the City’s participation consistent with the language in this agenda item herein above. 3. Elected Officials’ Report(s) None, in light of the fact that during the last hour Council heard reports from Officials. ADJOURNMENT The Special Study Session adjourned at 8:00 p.m. Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON February 10, 2020 Janeece Hoppe, Mayor pro tem ITEM NO: DATE: February 10, 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. Draft meeting minutes are provided. FINANCIAL IMPACT: For those group homes subject to land use applications or business licensing, fees will apply. 1 Council Action Form – Group Homes February 10, 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 February 10, 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. A draft version of this form is attached for reference. 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 second reading and that it take effect 15 days after final publication.” Council Action Form – Group Homes February 10, 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 2. Planning Commission Draft Meeting Minutes – January 16 3. Draft Semiannual Certification Form CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 02 ORDINANCE NO. 1684 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) ATTACHMENT 1 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 _8_ to _0_ on this _ 27th __ 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 February 10 , 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 _10th__ day of __February___, 2020. SIGNED by the Mayor on this __10th __ day of ___February___, 2020. Bud Starker, Mayor 11 ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: January 30, 2020 Second Publication: February 13, 2020 Wheat Ridge Transcript Effective Date: February 28, 2020 Planning Commission Minutes – 1 – January 16, 2020 PLANNING COMMISSION Minutes of Meeting January 16, 2020 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair OHM at 7:02 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Melissa Antol Will Kerns Daniel Larson Janet Leo Scott Ohm Richard Peterson Jahi Simbai Vivian Vos Commission Members Absent: None Staff Members Present: Lauren Mikulak, Planning Manager Gerald Dahl, City Attorney Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA. It was moved by Commissioner PETERSON and seconded by Commissioner LEO to approve the order of the agenda as amended. Motion carried 8-0. 5. APPROVAL OF MINUTES – December 19, 2019 It was moved by Commissioner VOS and seconded by Commissioner ANTOL to approve the minutes of December 19, 2019, as written. Motion carried 7-0-1 with Commissioner PETERSON abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) ATTACHMENT 2 Planning Commission Minutes – 2 – January 16, 2020 No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. ZOA-20-01: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning residential group home and substance abuse clinic zoning requirements. Ms. Mikulak and Mr. Dahl gave a short presentation on the ordinance regarding residential group homes and substance abuse clinics. Commissioner KERNS asked if there will be parking and separation restrictions on group homes. Ms. Mikulak mentioned there the idea of group homes stems from a federal policy shift in the 1960s to deinstitutionalize care, so there are going to be separation requirements in residential zone districts. She added that depending on the size of the group home the separation distance will be 750 ft. or 1500 ft. In response to a questions from Commissioner KERNS, staff confirmed that the limitation on sex offenders allowed in a group home is related to State law. Commissioner LEO asked if 8 unrelated people, who are not disabled, can rent one home. Mr. Dahl said it is not allowed because the City allows no more than 3 unrelated people to live in a house. Commissioner LEO asked how a group home for the disabled will be regulated—if they need to apply or simply notify the City. Mr. Dahl clarified that a group home for disabled persons is a use by right, they will not apply for a business license, and they will complete a self-certification form to be submitted to the City. In response to a question from Commissioner LEO, staff confirmed there is no term limit for each resident in the home. In response to a question from Commissioner VOS, Mr. Dahl clarified the reasonable accommodate process that applies to group homes for disabled persons. Commissioner VOS then asked if there is any citizen’s right to protest a group home. Mr. Dahl answered no for any group home up to 8 people which is a permitted use. He mentioned that if there is 9 or more people than the group home will follow the Special Use process. Planning Commission Minutes – 3 – January 16, 2020 Commissioner VOS asked how a group home for the disabled gets started. Mr. Dahl said it usually is a company that will help people organize themselves or place them in a home. Commissioner VOS then asked if a citizen in the neighborhood can inquire about the possibility of a home being a group home. Ms. Mikulak said that the City is already getting inquires about group homes. Staff can confirm if a group home is operating and explain if they are protected under the Federal Fair Housing law. Commissioner LARSON asked about inquires made to the City regarding group homes and if there have ever been any violations. Also, he wanted to know why this ordinance is being drafted now. Mr. Dahl and Ms. Mikulak addressed the question. The City has not been violating state or federal laws, but the number of inquiries related to group homes from citizens and councilmembers has increased based on the recent establishment of several new group homes. The current code does not regulate larger group homes. The ordinance responds to recent concerns from citizens and councilmembers. Ms. Mikulak explained the process by which group homes are licensed and the process by which the City communicates with operators of group homes who may not be licensed. Commissioner LARSON then asked if existing group homes will have to come into compliance with the proposed code changes. Mr. Dahl said yes and Section 14 of the ordinances give an explanation of when existing group homes would need to come into compliance. Commissioner LARSON asked if the residents in the group home will be listed in the application. Mr. Dahl responded no, only the number of people in the group home will be listed. Commissioner ANTOL asked if the City knows how many group homes are in the City. Ms. Mikulak said the City does not know that information. Commissioner ANTOL then inquired if a substance abuse clinic can be a group home and asked about the difference between the two. Planning Commission Minutes – 4 – January 16, 2020 Ms. Mikulak said no, a substance abuse clinic is a commercial operation and is defined separately in the zoning code from a group home. She explained that the clinic has a treatment focus and group home may have staff but has a residential focus where they don’t get treatment. Commissioner ANTOL asked if there is a potential to limiting group homes in the City of Wheat Ridge. Mr. Dahl explained there are separation requirements which will be a limiting factor and ensures some dispersal. A group home for 9 or more people requires a Special Use Permit through which you can review impacts and concentration. Federal law does not support limiting group homes. Commissioner ANTOL asked why a group home for disabled persons does not operate like a business and have a business license and asked about other potential impacts. Mr. Dahl explained that a business license would then be treating the group home differently than a single family home which is prohibited by federal law. Business licenses are required for other group homes (for children and the elderly). Ms. Mikulak added that the same rules apply to code enforcement as a regular home does, such as noise, nuisance, and trash. Commissioner SIMBAI asked about Section 2 of the ordinance and the licenses a group home obtains. Ms. Mikulak said a group home in categories a, b, c and d (group homes for children, the elderly, congregate care facilities, and nursing homes) do have to obtain a local business license and also have a license through the State of Colorado. Commissioner SIMBAI asked for an explanation of Section B on page 7 regarding the self-certification. Mr. Dahl said all group homes will have to file a report with the City of Wheat Ridge. As part of that, any applicable state or county license would need to be provided; although the City might not require a license for group homes for the disabled the State might require one which could then be provided. Ms. Mikulak also explained the Business License process. Mr. Dahl also explained that staff recommends that the semi-annual certification be applied to all types of group homes. Commissioner PETERSON asked about the definition of family suggested that it may be antiquated. Planning Commission Minutes – 5 – January 16, 2020 There was some discussion about the definition of “family” and Mr. Dahl explained that the definition of family should be addressed separately with City Council since the issue is not related to the purpose of the group home ordinance. Commissioner PETERSON asked why 4 or more people over the age of 60 can live together. Mr. Dahl explained that the City has historically chosen to be more lenient with occupancy limitations for the elderly. Commissioner OHM mentioned that a person in recovery can be in recovery for life and wondered how that may relate to the ordinance. A person in recovery is considered disabled, and Mr. Dahl acknowledged that would mean they are in a protected class for life. While rare, that would mean they could choose to live in a group home setting for life, a protection afforded by federal law. Commissioner OHM asked if horizontal separation laws are similar to marijuana laws with regards to outside the city limits. Ms. Mikulak said no. All separation requirements in Chapter 26 are assessed only against land uses within the City, unless expressly written otherwise such as with marijuana. Commissioner LARSON wanted clarification if HOA communities are subject to the same federal regulations regarding group homes. Mr. Dahl explained that an HOA can create private covenants that the City or government do not enforce. HOAs cannot violate federal fair housing laws. The provisions of federal law discussed as part of the group ordinance apply specifically to municipalities, but there may be other provisions that apply to HOAs. It was moved by Commissioner SIMBAI and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning residential group home and substance abuse clinic zoning requirements with the following amendment to the ordinance: 1. That a semi-annual certification be applied to all types of group homes. Motion carried 8-0. 8. OLD BUSINESS A. Commissioner LARSON asked for information on Wheat Ridge Speaks. Planning Commission Minutes – 6 – January 16, 2020 Ms. Mikulak mentioned that decision makers will receive an email on Friday, January 17 when Wheat Ridge Speaks goes live. The email will include a login, password and guide book. She also mentioned that the first case will be populated on January 24. 9. NEW BUSINESS A. Resolution 1-2020 Ms. Mikulak gave a brief explanation about Resolution 1-2020 and the establishing of a designated public place for the posting of meeting notices as required by the Colorado Open Meetings Law. She said the posting place is in the City Hall Lobby and on the website. Commissioner VOS asked why the newspaper posting is not mentioned in this Resolution. Ms. Mikulak explained that a newspaper posting is required by City Code and this resolution is a minimal requirement associated with the state statute. It was moved by Commissioner Peterson and seconded by Commissioner Leo to APPROVE Resolution 1-2020. Motion carried 8-0. B. Commissioner VOS asked if the recommendation of approval for group homes will be passed as just the approval or if it will include the minutes from this meeting. Ms. Mikulak explained that the 1st reading at City Council only sets the Public Hearing date and does not include the minutes. The meeting packet for the 2nd reading will include the minutes. C. Ms. Mikulak mentioned that there will be cases to be heard at both February meetings; February 6th and 20th. 10. ADJOURNMENT It was moved by Commissioner PETERSON and seconded by Commissioner LEO to adjourn the meeting at 8:56 p.m. Motion carried 8-0. __________________________ _______________________________ Scott Ohm, Chair Tammy Odean, Recording Secretary Page 1 of 2 Rev January 2020 SEMIANNUAL REPORT FOR GROUP HOMES City Of Wheat Ridge, Colorado Pursuant to Wheat Ridge Code of Laws Section 26–612.A.6, the undersigned makes this semiannual report with respect to the group home identified below. Complete this form and submit via email to zoning@ci.wheatridge.co.us or via mail or hand delivery to the Community Development Department, 7500 W 29th Ave, Wheat Ridge, CO 80033. For questions contact the Planning Division at 303-235-2846. To be completed by all group homes: 1.Address of group home: ____________________________________________________________________ 2.Type of group home: for children for elderly persons for disabled persons 3.Contact information of person filing this report (must be owner or operator): Name: _____________________________________ Owner Operator Address: ________________________________________________________________________________ Phone:___________________________Email: _________________________________________________ If property owner is different, provide information below; if same as above, leave blank. Property Owner Name: ____________________________________________________________________ Phone:___________________________Email: _________________________________________________ 4.Report filed for (check one): January 1 through June 30 of current year July 1 through December 31 of current year 5.Date group home started operating at this address: ________________________ 6.Most number of residents during previous 6 months: ______________________ 7.Attach all approved and in force state and county licenses required for the operation. 8.Certify or affirm that all applicable life and safety requirements applicable to the home are current and met; if not, describe what requirements are not met and plans to bring the home into compliance. (Life and safety issues include features such as operable smoke detectors, operable carbon monoxide detectors, sleeping room egress, and minimum room size—## sf for single occupancy, ## sf for double occupancy, ## for triple occupancy. Courtesy inspections may be completed by request by the Wheat Ridge Building Division. Call 303-234-5933 to make a request.) All requirements are met: Yes No If not met; describe or attach plan and schedule to bring the home into compliance:______________ _________________________________________________________________________________ _________________________________________________________________________________ ATTACHMENT 3 Page 2 of 2 Rev January 2020 To be completed by group homes for disabled persons: 9. Number of disabled persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1968, the Americans With Disabilities Act, the Rehabilitation Act, or disabled persons as defined by Section 24–34–301, CRS who are presently residing in the home: ______disabled persons. 10. The undersigned certifies that the residents in the home are disabled persons entitled to protection under the relevant laws (exclusive of any additional necessary persons employed in the care and supervision of such disabled persons). Add or attach information required by Question 7 and any additional information, if desired. OWNER / OPERATOR: _________________________________ Signature _________________________________ Print Name _________________________________ Date To be filled out by staff: Date received _____________________________________ ITEM NO: DATE: February 10, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 10-2020 – A RESOLUTION APPROVING THE ASSIGNMENT TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS OF $1,665,506 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2020 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: The City of Wheat Ridge has received an allocation of $1,665,506 for the purpose of issuing Private Activity Bonds (PABs) in 2020 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Metro West Housing Solutions which has agreed to issue PABs for the renovation of the Caesar Square Apartments owned and operated by the Jefferson County Housing Authority (JCHA). The City also assigned its 2019 PAB cap to West Metro Housing Solutions for this same project. JCHA is asking for the City’s 2020 allocation to help increase the hard costs of improvements to Caesar Square from $6 million to approximately $10 million. 2 Assignment of Private Activity Bonds February 10, 2020 Page 2 PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either CHFA or the Metro Mayors Caucus for single family mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for distribution to applicants by the Department of Local Affairs. On August 26, 2019, City Council assigned the City’s 2019 PAB cap to JCHA for the Caesar Square Apartments project. FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs. BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PAB is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given directly to statewide authorities, with DOLA deciding the proportional allocation of each. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance. Caesar Square Apartments is a 108-unit multifamily rental community owned and operated by JCHA, located at 9235-9355 W 48th Ave in Wheat Ridge, Colorado. Caesar Square includes 5 buildings, built from 1970 to 1973, on approximately 5 acres. JCHA has identified Caesar Square as one of the properties in our portfolio with a significant need for reinvestment. JCHA plans to use 4% Low-Income Housing Tax Credits and Private Activity Bonds to finance approximately $10M in renovations to the property. Assignment of Private Activity Bonds February 10, 2020 Page 3 The scope of renovation will include the following investments: • Complete renovation of all unit interiors, including new kitchens and bathrooms and paint, flooring and fixtures throughout, and including asbestos mitigation. • Creation of 6 fully Type A accessible units (currently, there are no units at the property with step-free access, and unit interiors do not meet ADA/504 guidelines) and common amenities. • Addition of a new community center building which will include a fully accessible leasing office, laundry, community space, and outdoor gathering and play areas. • Reconfiguration and renovation of parking areas, drive lanes, and landscaped areas to enhance safety and security of residents and neighbors and to build sense of place and community identity. RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Metro West Housing Solutions for the renovation of the Caesar Square Apartments in Wheat Ridge. RECOMMENDED MOTION: “I move to approve Resolution No. 10-2020, a resolution approving the assignment to the Housing Authority of the City of Lakewood, Colorado, D/B/A Metro West Housing Solutions of $1,665,506 of the City of Wheat Ridge, Colorado’s 2020 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith.” Or, “I move to return the unused portion of the PAB allocation to the Statewide Balance for the following reason(s) ___________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 10-2020 2. Assignment of Allocation 3. Memo from JCHA 4. Caesar Square Renovation Plans 4838-6624-3233.2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 10 Series of 2020 TITLE: A RESOLUTION APPROVING THE ASSIGNMENT TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS OF $1,665,506 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2020 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on January 10, 2020 $1,665,506 (the “2020 Allocation”) of the bond ceiling for the State of Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and WHEREAS, the Housing Authority of the City of Lakewood, Colorado, d/b/a Metro West Housing Solutions (the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to the Housing Authorities Law, Part 2 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2020 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and WHEREAS, the City and the Assignee intend that the 2020 Allocation be utilized for a proposed multifamily project to be located at 9235-9355 W. 48th Avenue, Wheat Ridge, Colorado known as the Caesar Square Apartments (or such other name as designated by the Jefferson County Housing Authority or CSA LIHTC, LLC, who will be the borrower for the private activity bond transaction) (the “Project”); and WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of February 10, 2020 (the “Assignment”), by and between the City and the Assignee; and WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the Act and the Supplemental Act, to finance “projects” under the Act (the “Project”); ATTACHMENT 1 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to the Assignee an amount equal to the 2020 Allocation and (ii) approves, and authorizes and directs the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council, with such changes, not inconsistent herewith, as are approved by the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public. Section 2. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 3. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council and the officers of the City directed toward the assignment of the 2020 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed. Section 4. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. This Resolution shall be in full force and effect upon its passage and approval. 3 INTRODUCED, READ, PASSED AND ADOPTED this 10th day of February, 2020. CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ASSIGNMENT THIS ASSIGNMENT (this “Assignment”), dated as of the 10th day of February, 2020, is by and between the CITY OF WHEAT RIDGE, COLORADO (the “Assignor”), a body corporate and politic and a political subdivision of the State of Colorado (the “State”), and the HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS (the “Assignee”), a body corporate and politic of the State; W I T N E S S E T H : WHEREAS, the Assignor has been awarded $1,665,506 (the “2020 Allocation”) of private activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $1,665,506 of the Assignor’s 2020 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and WHEREAS, the private activity bonds will be issued by the Assignee pursuant to the Housing Authorities Law, Part 2 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for “projects” as described under the Act; and WHEREAS, the Assignor and the Assignee intend that the 2020 Allocation be utilized to issue housing revenue bonds to finance a proposed multifamily project to be located at 9235-9355 W. 48th Avenue, Wheat Ridge, Colorado known as the Caesar Square Apartments (or such other name as designated by the Jefferson County Housing Authority or CSA LIHTC, LLC, who will be the borrower for the private activity bond transaction) (the “Project”); and WHEREAS, the Assignee intends to issue private activity bonds to finance the Project. NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2020 Allocation. The Assignee agrees to use all of the Assignor’s 2020 Allocation only for “projects” as described in the Act. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to ATTACHMENT 2 2 treat all of the Assignor’s 2020 Allocation as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2020 Allocation to the statewide balance under the Allocation Act, or to assign the 2020 Allocation or a portion thereof to another Assignee. Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2020 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein. Section 4. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. Section 5. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2020 Allocation. Section 6. This Assignment is effective upon execution and is irrevocable. IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF WHEAT RIDGE, COLORADO, as Assignor Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS, as Assignee By Its: Executive Director January 22, 2020 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 RE: Request for 2020 Private Activity Bond Cap to Support Renovation of Caesar Square Apartments Dear Mr. Goff, The Jefferson County Housing Authority (JCHA) is the housing authority serving Colorado’s 774 square mile Jefferson County, located just to the west of Denver. JCHA provides housing opportunities including affordable units, voucher administration, single family rehab, and new development in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. JCHA’s portfolio includes 21 rental properties with 1200+ units. Caesar Square Apartments is a 108-unit multifamily rental community owned and operated by JCHA, located at 9235-9355 W 48th Ave in Wheat Ridge, Colorado. Caesar Square includes 5 buildings, built from 1970 to 1973, on approximately 5 acres. JCHA has identified Caesar Square as one of the properties in our portfolio with a significant need for reinvestment. JCHA plans to use 4% Low-Income Housing Tax Credits and Private Activity Bonds to finance approximately $10M in renovations to the property. The scope of renovation will include the following investments: Complete renovation of all unit interiors, including new kitchens and bathrooms and paint, flooring and fixtures throughout, and including asbestos mitigation Creation of 6 fully Type A accessible units (currently, there are no units at the property with step-free access, and unit interiors do not meet ADA/504 guidelines) and common amenities Addition of a new community center building which will include a fully accessible leasing office, laundry, community space, and outdoor gathering and play areas Reconfiguration and renovation of parking areas, drive lanes, and landscaped areas to enhance safety and security of residents and neighbors and to build sense of place and community identity 7490 West 45th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229 Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.jcha.org ATTACHMENT 3 2 In order to support the 4% LIHTC that will finance these reinvestments, JCHA requests that the City of Wheat Ridge assign its 2020 Private Activity Bond (PAB) cap of $1,665,506 to Metro West Housing Solutions, which has agreed to issue PABs for this transaction. In August 2019, the City of Wheat Ridge assigned its 2019 PAB cap to support JCHA’s reinvestment, and JCHA was able to obtain a matching assignment of Jefferson County’s 2019 PAB cap as well. Since that time, JCHA has been able to incorporate additional capital sources into the transaction to increase the funds available for construction hard costs from approximately $6M to approximately $10M. Since 50% of the project investment must be backed by PAB cap, this increased investment means that our need for PAB cap is increased, which is the reason for our current request. The City’s support of this project will directly impact the 108 households who currently reside at Caesar Square Apartments, who will benefit from a significantly improved quality of life and an enhanced sense of safety and security. In addition to the immediate impact on Caesar Square’s existing households, this reinvestment will allow JCHA to secure the affordability of all 108 units at Caesar Square. While JCHA keeps rents affordable at all of our properties as a matter of policy, Caesar Square has never had a recorded rent restriction or income qualification. Through this refinancing, JCHA will secure all 108 units for households earning no more than 60% of Area Median Income. By doing so, we will create a long- term, high quality affordable asset in the heart of Wheat Ridge that will serve as a welcoming place to call home for lower-income Wheat Ridge residents for decades to come. We look forward to the opportunity to present this request to Wheat Ridge City Council. Sincerely, Julie Stern Director of Development NSHEET NO.PLAN DATES 15940 S. GOLDEN ROAD GOLDEN, COLORADO 303.284.1276DATEDESCRIPTIONREV. #ARCHITECTURE, LLC studio 646 1 2 / 4 / 2 0 1 9 1 1 : 5 2 : 3 4 A M G -002RENDERED SITE PLAN CAESAR SQUARE -RENOVATION 9235, 9265, 9295, 9325, 9355 W 48TH AVE WHEAT RIDGE, CO 80033 19-016SCHEMATIC DESIGN 12.06.2019 RE N D E R E D S I T E P L A N AT T A C H M E N T 4 SHEET NO.PLAN DATES 15940 S. GOLDEN ROAD GOLDEN, COLORADO 303.284.1276DATE DESCRIPTIONREV. #ARCHITECTURE, LLC studio 646 1 2 / 4 / 2 0 1 9 1 1 : 1 2 : 1 2 A M G -003PROJECT RENDERINGS CAESAR SQUARE -RENOVATION 9235, 9265, 9295, 9325, 9355 W 48TH AVE WHEAT RIDGE, CO 80033 19-016SCHEMATIC DESIGN 12.06.2019 SI T E R E N D E R 1 SI T E R E N D E R 2 SHEET NO.PLAN DATES 15940 S. GOLDEN ROAD GOLDEN, COLORADO 303.284.1276DATE DESCRIPTIONREV. #ARCHITECTURE, LLC studio 646 1 2 / 4 / 2 0 1 9 1 1 : 1 2 : 1 2 A M G -004PROJECT RENDERINGS CAESAR SQUARE -RENOVATION 9235, 9265, 9295, 9325, 9355 W 48TH AVE WHEAT RIDGE, CO 80033 19-016SCHEMATIC DESIGN 12.06.2019 BU I L D I N G 5 - E X T E R I O R R E N D E R ITEM NO: DATE: February 10, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2020 – AN ORDINANCE AMENDING SECTION 1-5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PENALTIES FOR MUNICIPAL COURT VIOLATIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (02/10/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/24/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The Colorado legislature passed House Bill 1148 in 2019 amending the length of time to which a person may be sentenced for violations of municipal laws. In a prior session, the state also increased the amount of the fine that municipal courts could impose for such violations of municipal laws. This ordinance modifies the Code Laws accordingly. PRIOR ACTION: No prior action. FINANCIAL IMPACT: While the Ordinance increases the Municipal Judge’s fine authority, in practice, few fines are imposed for higher amounts. The financial impact of the ordinance is likely to be negligible. BACKGROUND: Section 1-5 of the Wheat Ridge City Code provides that violations of City ordinances are punishable by a fine of not more than $1,000.00 and imprisonment of no more than one year. This section has not been amended since 1998, although state statutes have permitted the fine amount to be increased by the rate of inflation since 2014. The current fine amount maximum permitted by state law is $2,650.00. Additionally, last year’s 3 Amendment of Code Pertaining to Municipal Court Violations February 10, 2020 Page 2 legislative changes have reduced the term of maximum incarceration from one year to 364 days. Both of these penalties should be adjusted to reflect these changes in state law. RECOMMENDATIONS: Approve the attached Ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2020, an ordinance amending Section 1-5 of the Wheat Ridge Code of Laws concerning penalties for municipal court violations on first reading, order it published, public hearing set for Monday, February 24, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, “I move to table indefinitely Council Bill No. 03-2020, an ordinance amending Section 1-5 of the Wheat Ridge Code of Laws concerning penalties for municipal court violations for the following reason(s)_____________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 03-2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 03 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE AMENDING SECTION 1-5 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PENALTIES FOR MUNICIPAL CODE VIOLATIONS WHEREAS, the City of Wheat Ridge (the “City”) 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 § 31-23-101, C.R.S., 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 therefore has adopted the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, recent changes in state law affect the fines and penalties that may be imposed by municipal courts for violations of municipal law; and WHEREAS, the Council now wishes to amend the Code to revise its general fines and penalties for violations thereof, in order to create consistency with state law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 1-5 of the Wheat Ridge Code of Laws is hereby amended, as follows: Sec. 1-5. - General penalty. Unless otherwise specifically provided NOTWITHSTANDING ANY PENALTY PROVISIONS IN THIS CODE TO THE CONTRARY, whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited, made or declared to be unlawful, an offense, nuisance or misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders, rules or regulations shall be punished by a fine of not more than TWO THOUSAND SIX HUNDRED FIFTY one thousand dollars ($2,650.001,000.00), or by imprisonment for a period not exceeding THREE HUNDRED SIXTY-FOUR DAYS one year, or both such fine and imprisonment; provided, however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code. Section 2. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining ATTACHMENT 1 -2- 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 3. 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 10th day of February, 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 February 24, 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: Second Publication: Wheat Ridge Transcript Effective Date: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us