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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 01-25-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO January 25, 2021 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on January 25, 2021) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 965 7452 2366 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. 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 Heart Healthy Month APPROVAL OF MINUTES City Council meeting minutes of January 11, 2021 APPROVAL OF AGENDA CITY COUNCIL AGENDA: January 25, 2021 Page -2- CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 24-2020 - an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning creation of a process for addressing complaints alleging campaign finance violations in City elections 2. Council Bill No. 25-2020 - an ordinance adopting section 16-47 of the Wheat Ridge Code of Laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same 3. Council Bill No. 26-2020 - an ordinance repealing, retitling and reenacting section 16- 46 of the Wheat Ridge Code of Laws concerning trespass and establishing penalties for violation of the same 4. Council Bill No. 27-2020 - an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited 5. Council Bill No. 28-2020 - an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrians hindering the flow of traffic ORDINANCES ON FIRST READING 6. Council Bill No. 01-2021 - an ordinance concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for Public Housing Authorities DECISIONS, RESOLUTIONS AND MOTIONS 7. Resolution No. 04-2021 - a resolution amending the 2021 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of accepting funds from SCL Health to fund the Lutheran Campus Master Plan CITY COUNCIL AGENDA: January 25, 2021 Page -3- 8. Motion to award a contract and approve subsequent payments to MIG, Denver, CO, in an amount not to exceed $150,000 for professional services for the Lutheran Campus Master Plan 9. Motion to approve a License Agreement between the Colorado Department of Transportation and the City for trail improvements adjacent to Clear Creek Crossing and Interstate-70 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT PROCLAMATION HEART HEALTHY MONTH FEBRUARY 2021 WHEREAS, February is American Heart Month, a time to increase awareness about heart disease and learn more about preventative measures to reduce the risk; and WHEREAS, cardiovascular disease is the single leading cause of death for both men and women in the United States, responsible for one in three deaths in the United States each year; and WHEREAS, every person can take steps to reduce the risk factors associated with heart disease by maintaining a healthy weight, eating healthier foods, increasing physical activity, seeking regular physician checkups and refraining from tobacco use; and WHEREAS, the City passed a resolution in 2014 confirming the City’s commitment to encourage healthy opportunities; and WHEREAS, the City’s Healthy Eating Active Living (HEAL) Committee, consisting of staff from SCL Lutheran Medical Center, Kaiser Permanente, Jefferson County Public Health, Localworks, and local businesses and residents, is focused on promoting healthy opportunities for Wheat Ridge residents and businesses. NOW THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare the month of February 2021, as HEART HEALTHY MONTH and encourage all community members and businesses of Wheat Ridge to participate in this effort by participating in heart healthy activities, screenings, and informational classes. IN WITNESS WHEREOF, on this 25th day of January 2021. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 11, 2021 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 6:59 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Chief of Police, Chris Murtha; Director of Parks and Recreation Karen O’Donnell; Assistant to the City Manager, Marianne Schilling; Community Development Director, Ken Johnstone; Senior Planner, Stephanie Stevens; Kevin Schneider, representing UCFW, other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. National Radon Action Month (NRAM) Mayor Starker stated that the City of Wheat Ridge supports the NRAM program, along with other cities, counties and states across the United States. The Mayor reviewed the morbidity and mortality costs of undetected radon. Testing for radon is easy, inexpensive and would have a major impact in preventing radon cancers and deaths. Ken Johnstone accepted the Proclamation on behalf of the sponsors of NRAM. He reviewed reasons why radon is a serious issue in Colorado and thanked the Mayor and Council for highlighting nationwide effort to detect and mitigate radon. City Council Minutes January 11, 2021 page 2 National Law Enforcement Appreciation Day Mayor Starker expressed the City’s gratitude as he honored the service of the women and men of the Wheat Ridge Police Department and all those across the country who serve their communities in law enforcement. Chief Murtha accepted the proclamation with gratitude on behalf of the WRPD and law enforcement everywhere. He thanked the Mayor and Council for their recognition of the contributions our WRPD make every day, at great sacrifice to themselves and their families. APPROVAL OF MINUTES Without objection the Study Session Notes of December 7, 2020; Study Session Notes of December 21, 2020, Study Session Notes of January 4, 2021 and City Council minutes of December 14, 2020 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:09 PM. Nobody came forward to speak on items NOT on the agenda. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, so long as the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this Council session. 1. CONSENT AGENDA Discussion began at approximately 7:11 PM Councilmember Hoppe introduced the consent agenda. City Council Minutes January 11, 2021 page 3 a. Resolution 01-2021 - a resolution amending the fiscal year 2021 2E Bond Fund Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $2,748,421.94 for Wadsworth Boulevard rights-of-way acquisitions. b. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2021 property/casualty premium in the amount of $320,615.44 c. Motion to approve an agreement with Molson Coors Beverage Company, a Delaware Corporation, and its affiliate, Coors Brewing Company to permit use of its property for staging in connection with the previously approved Bayou Ditch Repair and Headgate Replacement Project Motion by Councilmember Hoppe to approve Consent Agenda Items a.), b.), and c.), Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:13 PM. NOTE: Item 2 and item 5 were discussed jointly, and a single public hearing held on both agenda items, because they relate closely to one another. 2. Council Bill No. 20-2020 – An Ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan Councilmember Dozeman introduced Council Bill No. 22-2020 The applicant is requesting approval of a zone change from Planned Commercial Development to Planned Industrial Development with approval of an Outline Development Plan for property located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North and Parfet Street). The purpose of this request is to prepare the property for the development of a large format industrial land use Mayor Starker opened the public hearing, for both this item and for Item 5 on tonight’s agenda and declared that anyone who testifies concerning either item 2, item 5, or both by the act of speaking during the hearing is thereby sworn to tell the truth as they know it. City Clerk Steve Kirkpatrick assigned Ordinance No. 1701. Staff Presentation by Stephanie Stevens, Senior Planner with the City of Wheat Ridge: The Planning staff gave a detailed presentation and incorporated into the public record the files related to this case, including but not limited to the proceedings of the Planning Commission, public comments and their presentation to Council. City Council Minutes January 11, 2021 page 4 A minor change was made to the ODP to address recommended conditions of the SDP pertaining to allowable fence/wall heights, therefore there are no conditions included in City Council’s recommended motion. Public Comment No one came forward to speak on either item 2 or item 5. Council Questions and comments Will the truck route depicted in the presentation change once the Kipling interchange project is completed? The answer was no change is anticipated. Will the loading dock facilities be on the east side of the proposed building? Yes, and Mr. Mitchell gave an explanation of how and why that approach is included in the design. Council expressed their appreciation of the building exterior design and the landscaping included in the proposed plan. In the recent noise ordinance passed by Council it is stipulated that industrial property has a specific limit. That limit will apply to this facility. Mayor Starker closed the public hearing. Motion by Councilmember Dozeman to approve Council Bill No. 20-2020 – an ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with an Outline Development Plan, on second reading and that it takes effect fifteen days after final publication for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendations of approval. 3. The proposed rezoning has been found to comply with the “criteria for review” in Section 26-603 of the Code of Laws. Seconded by Councilmember Urban; motion carried 8-0 3. Council Bill No. 02-2020 – An Ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue Discussion began at 7:53 pm Councilmember Stites introduced Council Bill No. 21-2020. City Council Minutes January 11, 2021 page 5 The applicant is requesting an Outline Development Plan Amendment to revise the existing sign standards which are more restrictive than the City’s regular sign code. The applicant is requesting an amendment such that City’s regular sign code applies to the subject property. This in turn would allow for installation of a new freestanding sign. Mayor Starker opened the public hearing and declared that anyone who testifies concerning this item, by the act of speaking during the hearing, is thereby sworn to tell the truth as they know it. City Clerk Steve Kirkpatrick assigned Ordinance No. 1702 Staff Presentation Zareen Tasneem, Planner I, with the City of Wheat Ridge: The Planning staff presented to the Council a review of discussions during previous Council meetings that have addressed this issue. The following items were reviewed: Financial impact: Minimal. If the ODP Amendment is approved, next steps would include building permits for any new signs, and review fees as well as use taxes would be paid as part of those processes. Proposed Amendment: By changing the ODP sign standards to follow the City’s standard sign standards, not only would it bring the existing sign into conformance, but it will also encourage reinvestment in a property since the applicant would like to install a new sign. Furthermore, new signs proposed for the commercial properties to the east already need to adhere to the City’s sign code. Therefore, the amendment would result in signs that match the character of the area. Besides the sign standards, all other development standards remain unchanged and refer to the previous ODP amendment. Public Comment No one came forward to speak. Council Questions and comments Do we have a picture of the sign involved in this action? Staff displayed an artist’s depiction of the sign as it will appear at the property. With respect to electronic signs, Councilmembers have seen other signs that advertise for business not on the same premises. Can we limit the content to only the businesses on that location? Mr. Johnstone cited a US Supreme Court decision will not allow the City to regulate sign content. Would this revision, if adopted, mean that all electronic signs require special ordinances? Staff answered no. At other sites in the City electronic signs have been refused; staff explained that City sign regulations prohibit electronic signs in some zoning areas. In City Council Minutes January 11, 2021 page 6 commercial zones, electronic signage is permitted, so there will be no need for case by case ordinance actions for electronic signs in commercial zones. Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve Council Bill No. 21-2020 – an ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue, on second reading and that it takes effect 15 days after final publication for the following reasons: 1. The Planning Commission has recommended approval of the ODP Amendment after conducting a proper public hearing. 2. The proposed ODP Amendment has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed ODP Amendment has been found to comply with the criteria for review in Section 26-303 of the Code of Laws During discussion Councilmember Hoppe stated she will vote in favor of this sign on the west side of 38th Ave, but is opposed to electronic signs east of Wadsworth Blvd. Seconded by Councilmember Dozeman, motion carried 8-0 4. Council Bill No. 23-2020 – An Ordinance repealing and reenacting Section 26 609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments. Discussion began at approximately 8:18 PM. Councilmember Hutchinson introduced Council Bill No.23-2020. The zoning code requires that all new developments have access to public streets. The Code outlines several stipulations for residential and nonresidential developments. Code section 26-609 discusses access requirements, but does not reflect current development patterns, so the proposed amendment repeals and reenacts this section and updates cross references. The purpose of the amendment is to provide more specificity for commercial and industrial land uses, more flexibility for residential land uses, and more detailed guidance overall. The overarching goal is to ensure that access and circulation designs support logical and high-quality site design. Mayor Starker opened the public hearing and declared that anyone who testifies concerning this item, by the act of speaking during the hearing, is thereby sworn to tell the truth as they know it. City Clerk Steve Kirkpatrick assigned Ordinance No. 1703 Staff Presentation by Lauren Mikulak, Planning Manager with the City of Wheat Ridge: Ms. Mikulak’s presentation to city council included these summarized items: City Council Minutes January 11, 2021 page 7 Current Code: Section 26-609 of the code describes how development must gain access to public streets. It requires the following: • All development must have access to a public street. • Access can be direct access to the street or via easement or private roadway of at least 25 feet in width. • Private roadways or easements may serve no more than four (4) dwelling units. • For nonresidential uses in residential zone districts, private roadways or easements may serve no more than 10,000 square feet of gross floor area. • For commercial and industrial uses, private roadways or easements are permitted with review and approval by the Community Development Director and Fire District Proposed code: The proposed code reflects current and best practice by outlining a series of specific considerations to be applied in the context of all types of development when determining how property accesses the public road network. The City currently has and will retain sole discretion over whether a property has access to streets through public or private roadways. The code adds specificity by itemizing the following considerations by which such design and decision is made: • Maintenance, • Design, • Emergency/fire access, • Merits of alternate designs, • Land use (number of units or size of nonresidential), • Block length, • Impact on existing street network, and • Bicycle and pedestrian facilities • Recommendation and Next Steps: Review of and revisions to access and circulation are often among the first and most robust discussions. The City’s codes related to access need to better complement the overriding intent of the zoning and subdivision regulations: to promote efficient circulation; improve connectivity; accommodate safe movement of vehicles, bicycles and pedestrians; and minimize the number of curb cuts. The proposed code amendment will provide staff and decision makers a better basis to make review comments and to ensure safe, logical, and high-quality access and circulation. as well as past minutes and proceedings of the Planning Commission, public comments and their presentation to Council. City Council Minutes January 11, 2021 page 8 Public Comment No one came forward to speak. Council Questions and comments: There has been a lot of discussion of “flag lots,” and access to those from public streets. Will this change in the Code address ingress and egress for those flag lots? Ms. Mikulak responded that other regulations address that question and that this proposed Ordinance will not change those regulations. Mayor Starker closed the public hearing. Motion by Councilmember Hutchinson to approve Council Bill No. 23-2020 – an ordinance repealing and reenacting Section 26 609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments, on second reading and that it takes effect 15 days after final publication, seconded by Councilmember Hoppe, motion carried 8-0. ORDINANCES ON FIRST READING There were none. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:37 PM 5. Resolution 03-2021 - A Resolution approving a Specific Development Plan (SDP) for property located at 4990 Parfet Street NOTE: This item 5 and Item 2 above were considered in a single public hearing and a vote to approve item 5 was taken out of agenda order following action on item 2. The two agenda items were approved via separate motions approved for each. Councilmember Dozeman introduced Resolution 03-2021. The applicant is requesting approval of a Specific Development Plan (SDP) for property located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North and Parfet Street). Approval of an SDP is the second step in the City’s approval process for a Planned Industrial Development; it provides site plan and design details for the subject property. Staff Presentation by Ken Johnstone, Community Development Director, Stephanie Stevens, Senior Planner and Matt Mitchell, for Westfield, the applicant, who gave a brief review of the prior actions, which included the Planning Commissions recommendation of approval for the SDP for the following reasons: 1. The specific development plan is consistent with the purpose of a planned development, as stated in Section 26-301 of the City Code. City Council Minutes January 11, 2021 page 9 2. The specific development plan is consistent with the intent and purpose of the outline development plan. 3. The proposed uses are consistent with those approved by the outline development plan. 4. All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense. 5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted codes and policies. With the following condition: 1. Ten-foot (10’) walls or fences shall only be allowed within the loading area and shall not be located within required setbacks or landscape buffers. “Loading area” is defined as the pavement area on the east side of the building as identified on the Specific Development Plan. The SDP was revised with a note to reflect the condition as recommended by Planning Commission therefore, this condition was not included in City Council’s recommended motion. Public Comment No one came forward to speak. Council Questions Councilmember had no further questions or comments. Motion by Councilmember Dozeman to approve Resolution No. 03-2021, a resolution approving a Specific Development Plan (SDP) for property located at 4990 Parfet Street, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Specific Development Plan has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. All requirements of a Specific Development Plan have been met. Motion seconded by Councilmember Stites; motion carried 8-0. 6. Resolution No. 02-2021 - a resolution concerning the lease back of property located at 7575 W 44th Avenue to Bank of the West Councilmember Urban introduced Resolution 02-2021 The proposed improvements to Wadsworth Boulevard require that additional rights-of- way (ROW) be purchased to allow for the construction of public improvements. In order City Council Minutes January 11, 2021 page 10 to facilitate the acquisition of property at 7575 W 44th Avenue and the subsequent relocation of the Bank of West, staff is requesting that City Council approve a resolution authorizing leasing the property back to the Bank of the West until April 30, 2021. Staff informed Council that a final settlement was recently reached for the full acquisition of the Bank of the West property. In order to allow the Bank of the West adequate time to prepare and relocate to a new site, the Memorandum of Agreement (MOA) with them that outlines the details of the purchase allows them to occupy their current location until April 30, 2021. The closing is currently scheduled for January 15, 2021, so a lease has been prepared with the City as the landlord and the Bank of the West as the tenant He recommends that City Council approve the resolution authorizing the City to lease property located at 7575 W 44th Avenue to the Bank of the West in order to allow the closing on the purchase of the property and facilitate the relocation of the Bank of the West to a new location. Public Comment No one came forward to speak. Council Questions Please, clarify whether the City is taking the entire building where the Bank of the West branch is located. Mr. Johnstone replied. Motion by Councilmember Urban to approve Resolution No. 02-2021, a resolution concerning the lease back of property located at 7575 W 44th Avenue to Bank of the West, seconded by Councilmember Hultin; motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff updated Council on small business grants through Jefferson County, funded by appropriations from the State Legislature. All of our Wheat Ridge businesses have been notified of this opportunity. He also updated the Jefferson County plans to participate in the Five Star certification program. Information is available on the County website. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Discussion began about 8:30 PM. Councilmember Nosler Beck reminded us that the deadline to apply for positions on Boards and Commissions is this Friday, January 15th. Interested City residents can find detailed information on the City’s website. City Council Minutes January 11, 2021 page 11 Councilmember Stites announced that he and Councilmember Weaver will convene a District III meeting on Saturday, February 6th at 9 AM at the Rec Center. “If you can find it in Wheat Ridge, buy it in Wheat Ridge,” he emphasized again. Councilmember Hultin mentioned that CDPHE offers free radon test kits to all Colorado residents. Information on how to obtain a test kit is on the CDPHE website. She asked that staff post that information with a live link to the CDPHE webpage. She also asked staff about modifications other cities have allowed and encouraged in terms of restaurants modifying their premises for outdoor dining. Many restaurants are erecting outdoor structures for diners in an effort to increase their available seating capacity during the pandemic. She asked whether there are regulations in Wheat Ridge to define what is indoor and what is outdoor and what regulations address those modifications. Mr. Goff and Mr. Johnstone responded to Councilmember Hultin’s question with details. Councilmember Urban thanked our law enforcement agencies and sworn officers, both those who serve on the WRPD and those who live in Wheat Ridge but serve in other jurisdictions. He thanked them for their service and their sacrifices. He also noted that today is Human Trafficking Awareness Day, a nationwide effort to engage citizens in the effort to quell human trafficking. Councilmember Hoppe commented that if anyone is having trouble paying rent or mortgage there are both local (for example, The Family Tree) and state resources available to assist them. Mayor Starker thanked those who attended the Coffee with the Mayor last Saturday and our new Homeless Navigator for her participation during the virtual session. As always, he encouraged us all to take care of one another during these extraordinary days. ADJOURNMENT The meeting adjourned at 8:41 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON ____________, 2021 ______________________________ 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. ITEM NO: 1 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 24-2020 - AN ORDINANCE REPEALING AND REENACTING SECTION 7-6 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING CREATION OF A PROCESS FOR ADDRESSING COMPLAINTS ALLEGING CAMPAIGN FINANCE VIOLATIONS IN CITY ELECTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Recent State legislation assigns the responsibility for conducting hearings concerning alleged campaign finance violations in City elections to the City. The City’s present ordinance for the conduct of hearings regarding election matters pre-dates the State legislation and is in need of updating in light of the new State law. PRIOR ACTION: The attached ordinance was discussed at a Council study session held on October 19, 2020. An amendment to address the possibility of a complaint against the clerk was suggested and has been incorporated into the attached ordinance (at paragraph (v)). FINANCIAL IMPACT: Cost of employing an independent hearing officer, should a campaign finance complaint be filed that cannot, or is not remedied through the cure process. BACKGROUND: Prior to 2019, complaints alleging violations of Art XXVIII of the Colorado Constitution or the State Fair Campaign Practices Act (FCPA) in municipal elections were filed with the Secretary of State. During its 2019 regular session, the Colorado General Assembly enacted SB19-232, CAF – Campaign Finance Violation Hearing Process January 25, 2021 Page 2 which changed this process, providing instead that “any complaint arising out of a municipal campaign finance matter must be exclusively filed with the clerk of the …municipality.” (codified at C.R.S. 1-45-111.7(9)(b)) The passage of SB19-232 has resulted in municipalities across Colorado adopting local complaint procedures, in order to address campaign finance complaints that may arise in their local elections. Many of these ordinances adopt a procedure similar to that set forth by the General Assembly in SB19-232 for processing such complaints in State elections. Current Code The City Code contains, at Sec 7-6, a process for handling complaints arising under the elections chapter of the Code. This provision, which pre-dates SB19-232, does not contain many of the elements of the complaint process set forth in the State legislation, such as provisions for initial review of the complaint, a cure period, an independent hearing officer and a detailed timeline for the complaint process. Proposed Code amendment The proposed amendment to the Code rewrites section 7-6 to address campaign finance complaints. This ordinance is modeled after the complaint process set forth in SB19-232 for complaints filed with the State, as well as various municipal ordinances implementing local complaint processes in the wake of the State legislation. The proposed complaint process includes the following elements: • A detailed process for filing a complaint in writing, followed by initial review by the municipal clerk. • Authority of the clerk to dismiss the complaint, provide an opportunity to cure deficiencies in the complaint, or set the complaint for a hearing. • A process for the conduct of a hearing by an independent hearing officer. • Authority of the hearing officer to impose penalties of at least twice the amount contributed, received or spent unlawfully, a daily civil penalty for delinquent filings, as well as other penalties. • Provision that the municipal judge will perform the functions of the clerk under this ordinance if a complaint involves a city clerk candidate. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2020, an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning creation of a process for addressing complaints alleging campaign finance violations in City elections, on second reading, and that it takes effect 15 days after final publication.” Or, CAF – Campaign Finance Violation Hearing Process January 25, 2021 Page 3 “I move to postpone indefinitely Council Bill No. 24-2020, an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning complaints alleging campaign finance violations in City elections for the following reason(s)____________.” REPORT PREPARED/REVIEWED BY: Geoff Wilson, Special Counsel Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 24-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 24 ORDINANCE NO. 1704 Series 2020 TITLE: AN ORDINANCE CONCERNING ELECTIONS, AND IN CONNECTION THEREWITH, REPEALING AND REENACTING SECTION 7-6 OF THE WHEAT RIDGE CODE OF LAWS TO CREATE A PROCESS FOR ADDRESSING COMPLAINTS ALLEGING CAMPAIGN FINANCE LAW VIOLATIONS, AND AMENDING SECTION 7-1 TO CLARIFY WHICH LAWS APPLY TO CITY ELECTIONS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances regulating matters concerning campaign finance in municipal elections, including the provision of a complaint process relating thereto; and WHEREAS, in the exercise of this authority, the Council has previously enacted section 7-6 of the Code of Laws (the "Code"), concerning election hearing procedures; and WHEREAS, in its 2019 Regular Session, the Colorado General Assembly adopted SB19-232, which provides, inter alia, that “any complaint arising out of a municipal campaign finance matter must be exclusively filed with the clerk of the …municipality”; and WHEREAS, the 2019 legislation necessitates an update to the process by which the City may address complaints alleging violation of the campaign finance laws applicable in City elections, which update also presents an opportunity to clarify which laws govern City elections. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 7-1 of the Wheat Ridge Code of Laws is amended by the addition of the following subsections, as follows: Sec. 7-1. State election codes adopted. Except as otherwise provided by charter or ordinance, including the provisions of this Chapter, the following statutes, as the same presently exist or as they may be in the future amended, are hereby adopted by the City and shall govern the conduct of all elections held within the City: -2- (a) C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code," (b) C.R.S. 1-1-102 et seq., also known as the "Uniform Election Code," and (c) C.R.S. 1-45-101 et seq., also known as the "Fair Campaign Practices Act." (d) C.R.S. 31-11-101 ET SEQ., THE LAW GOVERNING MUNICIPAL INITIATIVES, REFERENDA AND REFERRED MEASURES, (e) C.R.S. 31-4-501, ET SEQ., THE LAW GOVERNING MUNICIPAL RECALLS, AND, (f) C.R.S. 31-2-201, ET SEQ., THE LAW GOVERNING THE ADOPTION AND AMENDMENT OF THE HOME RULE CHARTER. Section 2. Section 7-6 of the Wheat Ridge Code of Laws is repealed and reenacted, to read in its entirety as follows: SEC. 7-6 ENFORCEMENT OF THIRD-PARTY COMPLAINTS. (a) ANY PERSON WHO BELIEVES A VIOLATION OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION, THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, HAS OCCURRED RELATED TO A CITY ELECTION MAY FILE A WRITTEN COMPLAINT WITH THE CITY CLERK. (b) COMPLAINTS MUST BE FILED NO LATER THAN NINETY (90) CALENDAR DAYS AFTER THE COMPLAINANT KNEW OR SHOULD HAVE KNOWN BY THE EXERCISE OF REASONABLE DILIGENCE OF THE ALLEGED VIOLATION. (c) A WRITTEN COMPLAINT FILED WITH THE CITY CLERK SHALL INCLUDE THE CITY CLERK'S COMPLAINT COVER SHEET WHICH MUST INCLUDE THE FOLLOWING INFORMATION: (1) THE NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF THE COMPLAINANT (IF THE COMPLAINANT IS REPRESENTED BY COUNSEL, INCLUDE THE COUNSEL'S NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE ALONG WITH THE NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF THE COMPLAINANT); (2) THE NAME AND, IF KNOWN, THE TELEPHONE NUMBER AND ADDRESS OF THE RESPONDENT(S) (OR EACH PERSON ALLEGED TO HAVE COMMITTED A VIOLATION); -3- (3) THE PARTICULARS OF THE VIOLATION; AND (4) OPTIONALLY, DOCUMENTATION OR OTHER EVIDENCE SUPPORTING THE ALLEGATION. (d) IF AN INCOMPLETE COMPLAINT IS RECEIVED, THE DATE ON WHICH THE ORIGINALLY FILED COMPLAINT WAS RECEIVED IS CONSIDERED THE FILED DATE IF A COMPLETE COPY IS RECEIVED WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION FROM THE CITY CLERK THAT THE COMPLAINT WAS INCOMPLETE. (e) A COMPLAINT MAY BE SUBMITTED BY FAX OR ELECTRONIC MAIL IF A SIGNED ORIGINAL IS RECEIVED BY THE CITY CLERK NO LATER THAN THREE (3) BUSINESS DAYS THEREAFTER. (f) INITIAL REVIEW. (1) THE CITY CLERK WILL REVIEW THE COMPLAINT TO DETERMINE: a. WHETHER THE COMPLAINT WAS TIMELY FILED; AND b. WHETHER THE COMPLAINANT HAS SPECIFICALLY IDENTIFIED ONE OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, OR ANY RULES ADOPTED AND PROMULGATED BY THE CITY CLERK CONCERNING CAMPAIGN AND POLITICAL FINANCE. (2) WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE COMPLAINT, THE CITY CLERK MUST TAKE ONE (1) OR MORE OF THE FOLLOWING ACTIONS: a. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT WAS NOT TIMELY FILED, OR HAS NOT SPECIFICALLY IDENTIFIED ONE (1) OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, THE CITY CLERK WILL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND RESPONDENT OF THE REASONS FOR DISMISSAL. THE CITY CLERK'S DISMISSAL IS A FINAL DECISION, AND SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. b. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES ONE (1) OR MORE CURABLE VIOLATIONS AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) AND PROVIDE AN -4- OPPORTUNITY TO CURE AS DESCRIBED IN SUBSECTION (G). c. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES (1) ONE OR MORE VIOLATIONS, AND THAT THE ASSERTED VIOLATIONS MAY NOT BE CURABLE AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL TAKE THE ACTIONS SET FORTH IN SUBSECTION (H). (g) CURING VIOLATIONS. (1) UPON THE CITY CLERK'S DETERMINATION THAT A COMPLAINT ALLEGES A FAILURE TO FILE OR OTHERWISE DISCLOSE REQUIRED INFORMATION, OR OTHER CURABLE VIOLATION OF AN OBLIGATION UNDER ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT ( C.R.S. 1-45-101 ET SEQ.) , THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) BY EMAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE, OF THE CURABLE DEFICIENCIES ALLEGED IN THE COMPLAINT. (2) RESPONDENTS SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE THE NOTICE IS MAILED TO FILE AN AMENDMENT TO THE RELEVANT REPORT OR REPORTS THAT CURES ANY DEFICIENCIES SPECIFIED IN THE NOTICE. (3) AFTER THE PERIOD FOR CURE, THE CITY CLERK WILL DETERMINE, WITHIN FIVE (5) BUSINESS DAYS, WHETHER THE RESPONDENT(S) CURED THE VIOLATION(S). a. IF THE CLERK DETERMINES THAT RESPONDENT CURED THE VIOLATIONS, THE CLERK SHALL DISMISS THE COMPLAINT AND NOTIFY COMPLAINANT AND RESPONDENT OF SUCH DISMISSAL. b. IF THE CLERK DETERMINES THAT RESPONDENT FAILED TO CURE THE VIOLATION, THE CLERK SHALL NOTIFY RESPONDENT OF SUCH DETERMINATION, TOGETHER WITH THE FINE OR OTHER PENALTY IMPOSED. c. THE RESPONDENT SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE OF THE CLERK’S NOTICE OF DETERMINATION TO EITHER PAY THE FINE AND ACCEPT ANY PENALTY IMPOSED OR CONTEST THE VIOLATION BY SUBMITTING TO THE CLERK A REQUEST FOR A HEARING. (h) UPON RECEIPT OF A REQUEST FOR A HEARING UNDER SUBSECTION (G)(3)C., OR UPON THE CLERK'S DETERMINATION THAT THE COMPLAINT FALLS UNDER SUBSECTION (F)(2)C., THE -5- CITY CLERK SHALL NOTIFY THE CITY MANAGER OF THE COMPLAINT, AND THE CITY MANAGER, IN CONSULTATION WITH THE CITY CLERK AND THE CITY ATTORNEY, SHALL REFER THE COMPLAINT TO AN INDEPENDENT HEARING OFFICER TO HEAR AND DETERMINE SUCH COMPLAINT. (i) AN INFORMAL HEARING SHALL BE SCHEDULED AS SOON AS PRACTICABLE WITH DUE REGARD FOR THE CONVENIENCE AND NECESSITY OF THE PARTIES BUT, UNLESS AN ENLARGEMENT OF TIME IS GRANTED AS SET FORTH IN SUBSECTION (K), THE HEARING SHALL BE HELD WITHIN FIFTEEN (15) CALENDAR DAYS OF REFERRAL OF THE COMPLAINT TO THE HEARING OFFICER. (j) NOTICE OF THE HEARING AND ANY APPLICABLE RULES GOVERNING THE HEARING PROCESS SHALL BE SENT TO THE COMPLAINANT AND TO THE RESPONDENT(S), WHO SHALL ALSO RECEIVE A COPY OF THE ENTIRE COMPLAINT RECEIVED BY THE CITY CLERK, WITHIN TWO (2) BUSINESS DAYS OF THE DATE OF REFERRAL OF THE COMPLETE COMPLAINT TO THE HEARING OFFICER AND MAY BE DELIVERED BY ELECTRONIC MAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE TO THE ADDRESS OF THE COMPLAINANT SHOWN ON THE COMPLAINT FORM AND TO THE RESPONDENT(S). (k) UPON WRITTEN MOTION, THE HEARING OFFICER MAY GRANT THE SUBJECT OF THE COMPLAINT A CONTINUANCE OF THE HEARING OF UP TO THIRTY (30) CALENDAR DAYS UPON A SHOWING OF GOOD CAUSE. (l) UPON THE REQUEST OF EITHER PARTY, THE HEARING OFFICER MAY ISSUE AN ADMINISTRATIVE SUBPOENA REQUIRING THE ATTENDANCE OF A WITNESS OR PARTY IN RELATION TO AN ALLEGED CAMPAIGN FINANCE VIOLATION, WHICH SHALL BE SERVED ON THE PARTY TO WHOM IT IS DIRECTED BY THE REQUESTING PARTY PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE. IT SHALL BE UNLAWFUL FOR A WITNESS OR PARTY TO FAIL TO COMPLY WITH SUCH SUBPOENA, AND ANY PERSON CONVICTED OF A VIOLATION HEREOF SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 1-5 OF THE CODE, PROVIDED, HOWEVER, THAT THE MUNICIPAL JUDGE SHALL NOT HAVE AUTHORITY TO IMPOSE ANY FORM OF IMPRISONMENT FOR THE SAME. (m) THE HEARING SHALL BE ELECTRONICALLY AUDIBLY RECORDED AND HELD IN SUBSTANTIAL ACCORDANCE WITH THE PROVISIONS OF SECTION 24-4-105, C.R.S., OR SUCH OTHER RULES AS THE CITY CLERK MAY HAVE PROMULGATED. THE HEARING MAY BE HELD VIRTUALLY, IN THE DISCRETION OF THE HEARING OFFICER. AT THE -6- HEARING, THE COMPLAINANT AND THE RESPONDENT(S) SHALL BE PRESENT AND, IN ACCORDANCE WITH SECTION 24-4-105(7), C.R.S., THE COMPLAINANT SHALL HAVE THE BURDEN OF PROOF IN SIMILAR MANNER AS THE PROPONENT OF AN ORDER. (n) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE OFFENDER DID NOT HAVE ACTUAL KNOWLEDGE OF HIS RESPONSIBILITY UNDER THIS CHAPTER AND WAS AN UNCOMPENSATED VOLUNTEER. THIS AFFIRMATIVE DEFENSE SHALL NOT BE AVAILABLE FOR USE AS A DEFENSE BY ANY PERSON WHO HAS FILED AN AFFIDAVIT PURSUANT TO C.R.S. 1-45-110, AS SUCH SECTION PRESENTLY EXISTS OR IS HEREAFTER AMENDED. (o) FOLLOWING HEARING, THE HEARING OFFICER SHALL ISSUE A DECISION WITHIN SEVEN (7) BUSINESS DAYS. THE DECISION MAY BE ISSUED ORALLY AT THE CONCLUSION OF THE HEARING OR MAY BE ISSUED IN WRITING, AT THE DISCRETION OF THE HEARING OFFICER. (p) IF THE HEARING OFFICER DETERMINES AFTER A HEARING THAT A VIOLATION HAS OCCURRED, THE HEARING OFFICER'S DECISION SHALL INCLUDE ANY APPROPRIATE ORDER, SANCTION OR RELIEF AUTHORIZED HEREUNDER AND MAY INCLUDE, WITHOUT LIMITATION, SANCTIONS AS FOLLOWS: (1) IMPOSE A CIVIL PENALTY OF AT LEAST DOUBLE AND UP TO FIVE (5) TIMES THE AMOUNT CONTRIBUTED, RECEIVED OR SPENT IN VIOLATION OF ANY CONTRIBUTION PROHIBITION OR LIMITATION OR IN VIOLATION OF A CONTRIBUTION REPORTING REQUIREMENT. (2) IMPOSE A CIVIL PENALTY OF TWENTY-FIVE DOLLARS ($25.00) PER DAY FOR EACH DAY THAT A STATEMENT OR OTHER INFORMATION REQUIRED TO BE FILED PURSUANT TO ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101, ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, IS NOT FILED BY THE CLOSE OF BUSINESS ON THE DAY DUE. (3) ORDER DISCLOSURE OF THE SOURCE AND AMOUNT OF ANY UNDISCLOSED CONTRIBUTIONS OR EXPENDITURES. (4) ORDER THE RETURN TO THE DONOR OF ANY CONTRIBUTION MADE WHICH WAS THE SUBJECT OF THE VIOLATION. (q) THE HEARING OFFICER'S DETERMINATION UNDER SUBSECTIONS (O) AND (P) IS A FINAL DECISION SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. -7- (r) CANDIDATES SHALL BE PERSONALLY LIABLE FOR PENALTIES IMPOSED UPON THE CANDIDATE'S COMMITTEE. (s) CIVIL PENALTIES MAY BE COLLECTED IN THE SIMILAR MANNER AS A MUNICIPAL COURT JUDGMENT UNDER THIS CODE, INCLUDING THE USE OF A PRIVATE COLLECTION AGENCY. (t) IN NO EVENT SHALL THE CITY TAKE ANY ACTION, INCLUDING REFERRING THE PENALTY DEBT TO A COLLECTION AGENCY AS CONTEMPLATED BY SUBSECTION (R), BUT NOT INCLUDING ACTION OF THE COLLECTION AGENCY, TO COLLECT CIVIL PENALTIES ASSESSED HEREUNDER AFTER THE DATE THAT IS MORE THAN ONE (1) YEAR FROM THE DATE THAT THE FILING WAS DUE. (u) A PARTY IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE ENTITLED TO RECOVERY OF THE PARTY'S REASONABLE ATTORNEY FEES AND COSTS FROM ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED THE ACTION, EITHER IN WHOLE OR IN PART, IF THE HEARING OFFICER FINDS ANY OF THE FOLLOWING: (1) THE ACTION, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; (2) THE ACTION, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT; OR (3) THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING BUT NOT LIMITED TO ABUSES OF DISCOVERY PROCEDURES AUTHORIZED BY THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, NO ATTORNEY FEES SHALL BE AWARDED UNLESS THE HEARING OFFICER HAS FIRST CONSIDERED THE PROVISIONS OF SECTIONS 13-17-102(5) AND (6), C.R.S. AS USED HEREIN, LACKED SUBSTANTIAL JUSTIFICATION MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS OR SUBSTANTIALLY VEXATIOUS. (V) IF A COMPLAINT UNDER THIS SECTION IS FILED AGAINST A CANDIDATE FOR THE OFFICE OF CITY CLERK, THE DUTIES ASSIGNED BY THIS SECTION TO THE CITY CLERK SHALL BE PERFORMED BY THE MUNICIPAL JUDGE. Section 2. 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. -8- 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 8 to 0 on this 14th day of December, 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 Monday January 25, 2021 at 7:00 p.m., as a virtual meeting, and that it take effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2020 – AN ORDINANCE ADOPTING SECTION 16-47 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNLAWFUL REMOVAL OR DEFACING OF NOTICES ON PUBLIC PROPERTY AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: This ordinance creates a new Code Section 16-47, making it a violation to remove signage, and in particular the no trespassing signs authorized by the revised Code Section 16-46. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to Council Action Form – Unlawful to Remove Signs January 25, 2021 Page 2 enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. Some City processes (Board of Adjustment procedures, Planning Commission processes, clean- ups of City owned property) require that a notice or notices be placed or posted upon the affected property in order to ensure that those impacted by an impending action or other activity are notified of it. City staff have reported that these notices are sometimes altered, moved, or removed from the posted property altogether; this subverts a significant governmental interest in ensuring that necessary governmental operations are carried out in an effective and efficient manner. Just as importantly, this deprives those affected by the impending action or activity, and the general public, of fair notice of the action or activity. This ordinance creates a new Code Section 16-47, making it a violation to remove signage, and in particular the no trespassing signs authorized by the revised Code Section 16-46. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration. FINANCIAL IMPACT: Enacting this Ordinance is not expected to have any significant fiscal impact. RECOMMENDATION: Staff recommends approval of the Ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 25-2020, an ordinance adopting section 16-47 of the Wheat Ridge Code of Laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same, on second reading, and that it takes effect 15 days after final publication.” Or, “I move to table indefinitely Council Bill No. 25-2020, an ordinance adopting section 16-47 of the Wheat Ridge Code of Laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same, for the following reason(s)_____________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 25-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 25 ORDINANCE NO. 1705 Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-47 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNLAWFUL REMOVAL OR DEFACING OF NOTICES ON PUBLIC PROPERTY AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council finds that the City has an interest in ensuring that a notice posted on or upon public property in the course of implementing a City ordinance, policy, rule, procedure, or order remain legible and in place; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety, and welfare of the public that such a notice be maintained and preserved to ensure that any individual who may be affected by a City action or activity receive proper notice of that action or activity. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-47, Unlawful to Remove Notice, is hereby enacted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-47. - Unlawful to Remove Notice. (a) Legislative declaration. The Wheat Ridge City Council finds that the City has a compelling interest in ensuring that members of the public receive proper notice of City actions or activities on or related to public property within its jurisdiction. The City Council also finds that in order to ensure members of the public are properly notified of these actions or activities, the City or an authorized third party must sometimes post a notice or notices relating to the impending action or activity on or upon a particular property. In order to balance the rights of all citizens, and especially to protect the rights of individuals who may be affected by the impending action or activity, it is essential that these notices be legible and they remain in place. (b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning: City employee means an employee of the City of Wheat Ridge or a contractor designated by the City to carry out duties associated with or relating to a City ordinance, policy, rule, procedure, or order. Notice means a sign or placard conveying information that is placed or posted on or upon public property within the jurisdiction of the City by a City employee while carrying out duties associated with or relating to a City ordinance or policy, or a rule, procedure, or order of a City board, commission, or council. Tamper means to alter, damage, deface, destroy, move, or render illegible a notice. (c) Unlawful act. It shall be unlawful for any person to remove, tamper with or deface a notice. Exception: A City employee carrying out duties associated with or relating to a City ordinance or policy, or a rule, procedure, or order of a City board, commission, or council may move, remove, or destroy a notice. (d) Strict liability. A violation of this section is entirely strict liability in nature. No culpable mental state or mens rea of any type or degree shall be required to prove a violation of this section. (e) Penalty. Any violation of this section shall be punished by a fine or imprisonment not to exceed the limits established in section 1-5 of this Code. Section 2. 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 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 8 to 0 on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting and that it take effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 26-2020 – AN ORDINANCE REPEALING, RETITLING AND REENACTING SECTION 16-46 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRESPASS AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The purpose of this ordinance is to place on notice those who enter or remain upon the premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal activity. This ordinance amends and significantly enhances the City's current Code 16-46 on trespassing, including posting of notices prohibiting trespassing. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration. FINANCIAL IMPACT: Enacting this ordinances is not expected to have any significant fiscal impact. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, Council Action Form – Trespassing January 25, 2021 Page 2 the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 26-2020, an ordinance repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code Of Laws concerning trespass and establishing penalties for violation of the same, on second reading, and that it takes effect 15 days after final publication.” Or, “I move to table indefinitely Council Bill No. 26-2020, an ordinance repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code Of Laws concerning trespass and establishing penalties for violation of the same for the following reason(s)_____________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 26-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 26 ORDINANCE NO. 1706 Series 2020 TITLE: AN ORDINANCE REPEALING, RETITLING AND REENACTING SECTION 16-46 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRESPASS AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the City Council finds that repealing and reenacting the City's trespass ordinance is necessary to protect the rights of both private and public property owners, and the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-46, Trespassing, of the Wheat Ridge Code of Laws is hereby repealed, retitled, and reenacted to read as follows: Sec. 16-46. Criminal trespass on private or public property. (a) Legislative declaration; purpose. The City Council recognizes that owners of both private and public property have the right to limit, restrict, or prohibit access to that property. The City Council has determined that property owners are best situated to determine whether the property is suitable for access, use, or occupation by members of the public or by those who do not own the property The purpose of this section is to place on notice those who enter or remain upon the premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal liability. (b) Definitions. As used in this section, unless the context requires otherwise: Premises means real property, buildings, and other improvements thereon, and the stream banks and beds of any non-navigable freshwater stream flowing through such property. Sign or signage means any announcement or communication that is produced in whole or in part by the construction, erection, affixing, or placing of a placard or structure or produced by painting on or posting or placing any printed, lettered, pictured, figured, or colored material on any building, structure, or surface. (c) Trespassing unlawful. It is unlawful for any person to unlawfully enter or to remain in or upon real property, buildings and/or other improvements, stream banks and beds of any non-navigable freshwater stream flowing through, or banks or beds of any lake, pond or other body of water situate upon real property, belonging to a person or entity other than the person so entering or remaining thereupon. (d) Unlawful remaining. It shall be unlawful for any person to remain in or upon the premises of another after permission, license, or authority has been terminated or revoked and the person has been notified of the termination or revocation verbally, through signage, or otherwise in writing. (e) Failure to obey no trespassing sign - posted premises. It shall be unlawful for any person to enter or remain in or upon the premises of another contrary to, or in violation of, any sign limiting, restricting, or prohibiting access to, use of, or occupation of the premises. (1) Posting of a no trespassing sign. A sign that is posted or placed at the entry to or upon a premises that gives notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of the premises shall be deemed a no trespassing sign. Examples of no trespassing signs that give notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of a premises include, but are not limited to, signs that read "parking lot open only to customers," "area closed," "area closed to the public between 2:00 a.m. and 6:00 a.m.," "area closed except to residents and authorized guests," "keep out,'' "no overnight occupancy," "no trespassing," "private property -- keep out," or that contain similar language. (2) No trespassing sign constitutes prima facie evidence of notice. The posting or placement of a no trespassing sign that is reasonably calculated to provide notice to an ordinarily observant person entering in or upon the premises shall be prima facie evidence that notice was sufficient. The prosecution is not required to prove that a no trespassing sign was visible from every location in, upon, or about the premises at the time of the alleged violation. (f) Penalty. Criminal trespass shall be punishable by a fine or imprisonment not to exceed the limits established in section 1-5 of this Code. Section 2. 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 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 8 to 0 on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2020 – AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND IN CONNECTION THEREWITH AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce auto/pedestrian accidents by regulating center medians that are unsafe for occupation by pedestrians and other pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or hinders traffic flow, and soliciting in areas that are unsafe for such activity. The ordinance adopts a new section of the Wheat Ridge Code of Laws governing pedestrian and traffic safety and amends the current section on solicitation activities to add a legislative declaration. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration. FINANCIAL IMPACT: Enacting this ordinance is not expected to have any significant fiscal impact. Council Action Form – Use of Roadway Medians January 25, 2021 Page 2 BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 27-2020, an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, on second reading, and that it takes effect 15 days after final publication.” Or, “I move to table indefinitely Council Bill No. 27-2020, an ordinance adopting section 16- 70 of the Wheat Ridge Code Of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, for the following reason(s):______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 27-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 27 ORDINANCE NO. 1707 Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, traffic safety statistics for the City also demonstrate that traffic crashes resulting in pedestrian fatalities occur along roadways that carry higher volumes of vehicles or that are posted with higher speed limits; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, the dangers associated with interactions between vehicles and pedestrians increase the government’s interest in controlling pedestrian interactions with vehicles in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, the primary purpose of a roadway center median is to enhance the safety of and ensure the free flow of traffic on roadways by separating opposing lanes of vehicular traffic, channeling traffic for turning purposes, and, within designated areas, to provide a temporary refuge for pedestrians crossing busy or wide roadways; and WHEREAS, an individual who occupies or uses a roadway center median area that is not designed or suitable for pedestrian use creates a safety hazard danger for himself or herself and for traffic in the adjacent roadway; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to traffic will increase pedestrian and traffic safety; and WHEREAS, the use by pedestrians of entry and exit ramps along Interstate highways for sales or collection transactions with passing motorists poses a special safety hazard to the pedestrians where no safe pull-out or parking areas exist, and also creates a distraction for passing motorists which can inhibit the free flow of traffic; and WHEREAS, alternative means and locations for the sales and solicitation are available elsewhere throughout the City; and WHEREAS, prohibiting the use of certain areas along certain highways for sales or solicitations will directly advance the safety and welfare of the public; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-70, Pedestrian Use of Roadway Center Medians, is adopted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-70. Pedestrian use of roadway center medians. a. Legislative declaration; purpose. The city council hereby finds that collisions between pedestrians and vehicles in Wheat Ridge have increased and declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and vehicle interactions throughout the city. Certain higher speed roadways in Wheat Ridge have center medians that are designed to separate traffic and channel the flow of traffic through turns and intersections. Except for crosswalk refuge areas, such center medians were not designed and are not suitable for access, occupation, or use by pedestrians. Pedestrians who use center medians not designed for pedestrian use may distract or even startle drivers, especially along higher speed roadways. This endangers the pedestrian as well as drivers and their passengers. The purpose of this section is to reduce the number of situations during which pedestrians are in close proximity to the traveled portion of a higher speed roadway. The city council finds this ordinance will promote pedestrian and traffic safety and is necessary to protect the health, safety, and welfare of the public. b. Definitions. The following words or phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context Higher speed roadway means a roadway within the city within which a center median is present. Center median means the raised area that divides a roadway carrying traffic in opposite directions, and which is defined by curbing, landscaping, or other obstacles. Center median does not include traffic calming devices. Temporary pedestrian refuge area means that part of a crosswalk that is located within or at the end of a center median that is designed to allow a pedestrian to safely pause before continuing to cross from one side of a roadway to the other. Traffic calming device means a speed bump or speed bump placed upon the roadway, as well as landscaped or other median located on side of pedestrian crosswalks, the purpose of which is to slow traffic. c. Unlawful act. It shall be unlawful for any person to access, occupy, use, assemble or congregate on or about any center median not designed or suitable for pedestrian use that has been posted, either on such center median not designed or suitable for pedestrian use or at the crosswalk access points to such center median, with a sign pursuant to this section prohibiting such access, occupancy, use, assembly, or congregation. Exceptions: This section shall not apply to: 1. A person using that portion of a center median designed as a temporary pedestrian refuge along a crosswalk if the person was not able to safely cross the entire roadway during the traffic signal pedestrian phase or green light signal phase. This exception allows a person to occupy the pedestrian refuge area for the duration of one traffic signal cycle before crossing the entire roadway; 2. A local, state, or federal law enforcement officer or authorized first responder engaged in the performance of his or her official duties; 3. A city or state employee or contractor authorized by the city manager or designee thereof, or by the state, to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon; or 4. An employee or contractor of a utility company authorized by the city or the state to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon. d. Determination. The traffic engineer may prohibit pedestrian access, occupancy, use, assembly, or congregation on or about any center median not designed or suitable for pedestrian use by having posted or placed upon, or at the crosswalk access points to, such center median not designed or suitable for pedestrian use a sign that reads “unlawful to occupy center median,” or that contains similar language. Only a raised center median that lies along a higher speed roadway may be posted under this section. A sign posted or placed under this section must be posted or placed in a way that is reasonably calculated to provide effective notice to an ordinarily observant person entering upon the center median. However, there is no requirement that the sign be visible from every position on or about the center median or from every position at or about the crosswalk access points to such center median. e. Sign constitutes prima facie evidence of notice. The posting or placement of a sign reading “unlawful to occupy center median” or similar language upon a center median or at the crosswalk access points to such center median shall be prima facie evidence that the notice was sufficient. The prosecution is not required to prove that the sign was visible from every position on or about the center median or at the crosswalk access points to such center median. f. Strict liability. A violation of any provision of this section is strict liability in nature. No culpable mental state or mens rea of any type or degree shall be required to prove a violation of this section. g. Penalty. Any violation of this section shall be punished by a fine or imprisonment not to exceed the limits in section 1-5 of this Code. Section 2. Section 16-113, Sales and solicitation in certain places prohibited, of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 16-113. Sales and solicitation in certain places prohibited. a. LEGISLATIVE DECLARATION; PURPOSE. UNDER CERTAIN CIRCUMSTANCES, PEDESTRIAN SOLICITATION DIRECTED AT VEHICLES OPERATING ON A ROADWAY CREATES SAFETY HAZARDS TO THE PUBLIC. IN ADDITION, THE PRESENCE OF PEDESTRIANS ON INTERSTATES 70 AND 76, AND ON ENTRANCE AND EXIT RAMPS THERETO CAUSES SAFETY CONCERNS AS A RESULT OF THE HIGH RATES OF SPEED PERMITTED AND THE LACK OF PULL-OFF LOCATIONS OR VEHICLE PARKING AREAS THAT WOULD OTHERWISE FACILITATE TRANSACTIONS IN THESE AREAS. THE PURPOSE OF THIS SECTION IS TO PROVIDE FOR THE SAFETY OF THE PUBLIC RELATED TO SOLICITATION ACTIVITY AS DESCRIBED BELOW. THE CITY COUNCIL FINDS THIS ORDINANCE WILL PROMOTE PEDESTRIAN AND TRAFFIC SAFETY AND IS NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. b. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway or entrance to or exit from any highway included in the interstate highway system within the city when such solicitation or collection: (1) causes the person performing the activity to enter onto the traveled portion of a street or highway; or (2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or (3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. c. No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property or has posted a sign clearly indicating that solicitations are not welcome on the property. d. The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning: Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic. INTERSTATE HIGHWAY MEANS ANY PORTION OF A ROADWAY WITHIN THE CITY THAT HAS BEEN DESIGNATED BY THE FEDERAL GOVERNMENT AS PART OF THE INTERSTATE HIGHWAY SYSTEM, OR THAT IS A CONTROLLED ACCESS HIGHWAY OR BELTWAY, AND INCLUDES ANY ENTRANCE TO OR EXIT FROM THAT ROADWAY. e. Penalty. Any violation of this section shall be punished by a fine not to exceed the limits established in section 1-5 of this Code. Section 3. 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 4. 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 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 5 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2020 – AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIANS HINDERING THE FLOW OF TRAFFIC PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce auto/pedestrian accidents by prohibiting actions by pedestrians that obstruct or hinder traffic, including pedestrians being physically in traffic lanes or extending objects, hands, etc., into traffic lanes. The ordinance adopts a new section of the Code. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration. FINANCIAL IMPACT: Enacting this ordinance is not expected to have any significant fiscal impact. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as Council Action Form – Hindering Traffic January 25, 2021 Page 2 traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 28-2020, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian hindering the flow of traffic, on second reading, and that it takes effect 15 days after final publication.” Or, “I move to table indefinitely Council Bill No. 28-2020, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian hindering the flow of traffic, for the following reasons: ______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 28 ORDINANCE NO. 1708 Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN HINDERING THE FLOW OF TRAFFIC WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, the dangers associated with interactions between vehicles and pedestrians increase the government’s interest in controlling pedestrian interactions with vehicles in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to traffic will increase pedestrian and traffic safety; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-69, Pedestrian Hindering the Flow of Traffic is hereby adopted within Chapter 16, Miscellaneous Offenses, of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-69. Pedestrian hindering the flow of traffic. a. Legislative declaration; purpose. The city council hereby finds that collisions between pedestrians and vehicles in Wheat Ridge have increased significantly and declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and vehicle interactions throughout the city. The purpose of this ordinance is to reduce dangers to persons and property, to prevent traffic delays, and to avoid interference with traffic. Efforts to reduce the possibility that pedestrians may interfere with vehicular traffic are key to promoting pedestrian and traffic safety. The city council finds that this ordinance is necessary to protect the health, safety, and welfare of the public. b. Definition. The following word, when used in this section, shall have the meaning ascribed to it in this section, except where the context clearly indicates otherwise: • Obstruct means to render impassable or to render passage unreasonably inconvenient or hazardous, and includes but is not limited to, conduct such as extending objects into the traveled portion of a roadway. c. Unlawful act. It shall be unlawful for any person to willfully and unnecessarily hinder, obstruct, or delay traffic, or to willfully and unnecessarily attempt to hinder, obstruct, or delay any other person who is lawfully driving or traveling along or upon any roadway so as to interfere with the effective movement of traffic. d. Exception: This section shall not apply to any person within a crosswalk who lawfully entered the crosswalk and is crossing from one side of the traveled portion of the roadway for that period of time reasonably necessary to cross over the roadway. e. Penalty. Any violation of this section shall be punished by a fine not to exceed the limits established in section 1-5 of this Code. Section 2. 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 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 8 to 0 on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 6 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2021 – AN ORDINANCE CONCERNING USE TAXES, AND IN CONNECTION THEREWITH, AMENDING SUBSECTION 22-67(3) OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A BUILDING MATERIALS USE TAX EXEMPTION FOR PUBLIC HOUSING AUTHORITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (1/25/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (2/8/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ City Attorney City Manager ISSUE: Section 22-68 of the Wheat Ridge Code of Law (Building materials and supplies) requires that “every person who builds, constructs, reconstructs…any building, dwelling or other structure…in the city…shall pay a use tax.” Section 22-67 of Code exempts public school, Wheat Ridge Housing Authority and Renewal Wheat Ridge projects from the city’s use tax. This ordinance will amend Subsection 22-67(3) of the Code to provide the same exemption for public housing authorities. PRIOR ACTION: This ordinance was reviewed by City Council at the December 14, 2020 study session and consensus was reached to bring it forward for consideration. FINANCIAL IMPACT: Building materials use tax in Wheat Ridge is calculated at 60% of the building permit value of a project multiplied by the current sales and use tax rate in Wheat Ridge of 3.5%. Therefore, a construction project valued at $5.0 million would owe $105,000 in building materials use tax. Council Action Form – Building Use Tax Exemption January 25, 2021 Page 2 Foothills Regional Housing has pulled three permits on two current construction projects in Wheat Ridge and paid a total of $67,509.20 in building materials use tax. They are mid-way through these projects and expect to pull additional permits in the future. Foothills is requesting a refund of this amount as they believe their organization is exempt from building materials use tax. BACKGROUND: On October 20, 2020, Foothills submitted three claims for refund of building materials use tax paid on permits for two projects in Wheat Ridge as they believe Foothills in exempt from City building materials use tax pursuant to State Statute. The City’s Finance Division denied those refund claims on October 30, 2020 based on direction from the City Attorney’s Office. The City of Wheat Ridge adopted a home rule charter under Colorado’s constitution. This means that in matters that the law has defined as of “local and municipal concern”, the City’s ordinances prevail, if there is a conflict with a State law. One of those areas of local concern is the City sales and use tax. Tax exemptions created in State law, such as the exemption adopted by the Legislature through HB16-1006, exempting public housing authorities from all taxes, does not apply in home rule municipalities. This was most recently reaffirmed by the Colorado Supreme Court in Winslow Construction v Denver where the Court ruled a State tax exemption did not apply to home rule municipalities. Holland & Hart, attorney’s for Foothills, disagrees with the City Attorney’s Office interpretation of the law and, on November 25, 2020, submitted a petition to the City for a hearing on claims for refund. Staff communicated with Foothills that this issue would be brought forward to City Council to determine if an exemption would be granted through an amendment to Wheat Ridge Code. The proposed ordinance would extend the City’s present building materials use tax exemption to all “housing authorities”, as defined in State law. This would mean that such purchases by Foothills and the Wheat Ridge Housing Authority (as well as any other public housing authority that may operate in the City) would be exempt. Additionally, the ordinance makes the exemption effective from July 16, 2020 and directs refund of any taxes collected after that date. This would authorize the refund of use taxes paid by Foothills on July 17, 2020. Foothills protest to the City’s denial of a request for a refund of these taxes is pending; the adoption of this ordinance would resolve the issues in the protest. The present use tax exemption specifically exempts Wheat Ridge Housing Authority purchases of building materials. In order to avoid legal issues of alleged “special legislation”, the better drafting practice is to describe the category of undertaking or activity being exempted, rather than naming a particular beneficiary. The proposed ordinance corrects this drafting issue. Subsection 22.67(3) also specifically names the City urban renewal authority as beneficiary of the tax exemption, thus raising the same drafting issue described above. The proposed ordinance Council Action Form – Building Use Tax Exemption January 25, 2021 Page 3 cleans up this language, by substituting a generic reference to “urban renewal authorities”, as defined in State law, for the specific reference to Renewal Wheat Ridge. RECOMMENDATIONS: Although there are differing opinions concerning the tax exemption for housing authorities, which could be litigated in court, Staff recommends that council amend the Wheat Ridge Code of Laws to provide for a building materials use tax exemption for public housing authorities. An exemption from City building materials use tax will align the City’s Code with State Statute and the current exemption in City Code of the Wheat Ridge Housing Authority. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2021, an ordinance concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for Public Housing Authorities, on first reading, order it published, public hearing set for Monday, February 8, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect upon adoption.” Or, “I move to postpone indefinitely Council Bill No. 01-2021, an ordinance concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for Public Housing Authorities, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Geoff Wilson, Special Counsel Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 1 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE CONCERNING USE TAXES, AND IN CONNECTION THEREWITH, AMENDING SUBSECTION 22- 67(3) OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A BUILDING MATERIALS USE TAX EXEMPTION FOR PUBLIC HOUSING AUTHORITIES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances regulating matters concerning use taxation and exemptions from tax; and WHEREAS, in the exercise of this authority, the Council has previously enacted subsection 22-67(3) of the Code of Laws, providing a building materials use tax exemption for a specific housing authority, but not for all such authorities providing service in the City; and WHEREAS, the City Council now desires to extend a use tax exemption for building materials to all housing authorities providing services in the City and refund any tax collected since July 16, 2020. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-67(3) of the Code is amended as follows: (3) Building materials and supplies for city projects, PROJECTS FOR HOUSING AUTHORITIES, AS DEFINED AT C.R.S.29-4-203(1), AS AMENDED, OR PROJECTS FOR URBAN RENEWAL AUTHORITIES, AS DEFINED AT C.R.S. 31-25-103(8.50, AS AMENDED Wheat Ridge Housing Authority projects and Renewal Wheat Ridge projects, whether purchased by the city, wheat Ridge Housing Authority A HOUSING AUTHORITY, AN URBAN RENEWAL AUTHORITY or Renewal Wheat Ridge, or a contractor for the same, ON OR AFTER JULY 16, 2020, shall be exempt from the city's use tax. TAXES COLLECTED ON SUCH PURCHASES SHALL BE REFUNDED TO THE TAXPAYER. Section 2. 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 -2- 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 upon passage, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of January, 2021, 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 8, 2021 at 7:00 p.m., as a virtual meeting, and that it take effect upon adoption. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: January 28, 2021 Second Publication: February 11, 2021 Jeffco Transcript Effective Date: February 8, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 7 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2021 – A RESOLUTION AMENDING THE 2021 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FOR THE PURPOSE OF ACCEPTING FUNDS FROM SCL HEALTH TO FUND THE LUTHERAN CAMPUS MASTER PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ __________________________ Community Development Director City Manager ISSUE: The City is partnering with SCL Health to complete a Lutheran Campus Master Plan in 2021. SCL Health is funding the project, and the City is managing the contract. This resolution accepts and appropriates funds in the amount of $150,000 from SCL Health for the Master Plan contract which is also included on this agenda for consideration. PRIOR ACTION: In a study session on November 2, 2020, City Council was updated on SCL Health’s plans for the existing Lutheran Medical Center campus. Council provided direction to staff to proceed with a master planning effort for the campus with the understanding that SCL Health would be able to fund the effort. FINANCIAL IMPACT: The increased appropriation of expenditures is offset by revenue provided by SCL Health. The budget for the project is $120,000 with an additional $30,000 reserved for add-on services. The full amount of $150,000 will be received and appropriated at the outset of the project. BACKGROUND: Council Action Form – Lutheran Master Plan Supplemental Budget January 25, 2021 Page 2 Pursuant to Council’s direction from the November 2, 2020 study session, staff utilized the City’s established procurement process to solicit the required professional services for completion of a Lutheran Campus Master Plan. The procurement process included advertisement of a Request for Proposals (RFPs), review of proposals submitted by four firms, followed by interviews with three top-scoring firms. The evaluation committee included 6 members with equal representation from the City and SCL Health. As a result of the procurement process, a separate item on the January 25, 2021 meeting agenda recommends awarding a contract to the firm MIG in an amount not to exceed $150,000. Included in that item is additional information on the Lutheran Campus, the City/SCL partnership, and the scope of work for the master plan effort. If the contract is awarded, this budget supplemental is necessary to execute the contract and proceed with work. RECOMMENDATIONS: Staff recommends that Council accept funds from SCL Health to fund the Lutheran Campus Master Plan and amend the budget accordingly. RECOMMENDED MOTION: “I move to approve Resolution No. 04-2021, a resolution amending the 2021 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of accepting funds from SCL Health to fund the Lutheran Campus Master Plan.” Or, “I move to deny Resolution No. 04-2021, a resolution amending the 2021 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of accepting funds from SCL Health to fund the Lutheran Campus Master Plan for the following reason(s) __________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 04-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2021 TITLE: A RESOLUTION AMENDING THE 2021 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 FOR THE PURPOSE OF ACCEPTING FUNDS FROM SCL HEALTH TO FUND THE LUTHERAN CAMPUS MASTER PLAN WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, the City is partnering with SCL Health to complete a Lutheran Campus Master Plan; and WHEREAS, SCL Health, the landowner of the Lutheran Campus, has agreed to the fund the project in the amount of $150,000; and WHEREAS, the City Council wishes to accept and appropriate these funds into the 2021 Fiscal Year General Fund budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Budget Amended A transfer of $150,000 is hereby approved from the General Fund undesignated reserves to account 01-121-700-750 and the 2021 revenues are amended accordingly. Section 2. Effective Date This Resolution shall be effective upon adoption. DONE AND RESOLVED this 25th day of January, 2021. ________________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ITEM NO: 8 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO MIG, DENVER, CO, IN AN AMOUNT NOT TO EXCEED $150,000 FOR PROFESSIONAL SERVICES FOR THE LUTHERAN CAMPUS MASTER PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: In 2018, SCL Health purchased a 26-acre parcel to anchor the Clear Creek Crossing development west of I-70 at 40th Avenue. The new campus at Clear Creek Crossing will replace the existing Lutheran Medical Center. In partnership with SCL Health, the City is seeking planning consultant services for the Lutheran Campus Master Plan to guide future development decisions. On January 12, 2021 the firm MIG was selected by the City’s established procurement process to perform the required professional services for completion of the master plan. PRIOR ACTION: In a study session on November 2, 2020, City Council was updated on SCL Health’s plans for the existing Lutheran Medical Center campus. Council provided direction to staff to proceed with a master planning effort for the campus. FINANCIAL IMPACT: SCL Health will fund the planning effort, and the City will manage invoicing. The budget for this work is estimated to be $120,000, with an additional $30,000 contingency, over an 8-month process. Staff is requesting a budget supplemental to add $150,000 to the 2021 budget for planning professional services to be funded in full by SCL Health as discussed at the November 2020 study session. A budget supplemental occurs by resolution and is described in a separate Council Action Form. Council Action Form – Lutheran Master Plan Contract January 25, 2021 Page 2 BACKGROUND: Site History SCL Health currently owns and operates the Lutheran Medical Center at 8300 W. 38th Avenue. The campus is approximately 100 acres in size extending between W. 32nd Avenue and W. 38th Avenue, and between Allison and Dudley. The Lutheran campus is centrally located in Wheat Ridge and is one of the City’s largest employers with 2,000 associates, 900 physicians, and 600 volunteers. In 2018, SCL Health purchased a 26-acre parcel to anchor the Clear Creek Crossing development west of I-70 at 40th Avenue. The new campus at Clear Creek Crossing will replace the existing Lutheran Medical Center. SCL Health is actively exploring how to repurpose the “Lutheran Legacy Campus,” and they plan to largely divest themselves of the property after the West Campus is complete. There are some services which may remain at the Lutheran campus, such as the hospice care. Additionally, some of the medical office buildings are operated by third parties who may choose to remain. A significant portion of the site is undeveloped, and there will be a significant opportunity to repurpose the site. Proposed Master Plan The site is currently zoned Planned Hospital District (PHD), and permitted uses include only hospitals, hospice care, and accessory uses customarily associated with a medical campus. The City’s comprehensive plan, Envision Wheat Ridge, designates the campus as a public land use noting that public uses, including the hospital, will “remain as community and neighborhood anchors.” The plan also designates the site for primary employment. These designations reflect the well-established hospital use, and the comprehensive plan does not consider other potential land uses for the site. Planning services are being sought for the completion of a master planning process, to be processed as a comprehensive plan amendment, to establish a long-range vision and guiding principles specifically for the Lutheran campus and to guide future development decisions. A master plan document provides the neighbors and the development community with shared expectations and provides decision-makers with a clear basis for making development approvals in the future. On January 12, 2021 the firm MIG was selected by the City’s established procurement process to perform the required professional services for completion of the subarea plan. The procurement process included review by a six-person evaluation committee of Request for Proposals (RFPs) and qualifications submitted by four firms, followed by interviews with three top-scoring firms. The evaluation committee included equal representation from the City and SCL Health. The final scope of work from MIG is attached. In short, the planning process puts an emphasis on public engagement and actionable outcomes. Public engagement will include: • Creation of a Community Engagement Plan • Appointment of a small stakeholder committee made up of residents and experts • Facilitation of a campus walking tour Council Action Form – Lutheran Master Plan Contract January 25, 2021 Page 3 • Facilitation of focus groups and large-scale public meetings • Utilization of online platforms, such as Zoom and WhatsUpWheatRidge.com, to expand reach and supplement in person events • Discussion with City Council and Planning Commission The content of the plan will address a wide range of topics, including zoning and land use, transportation and connectivity, utilities and infrastructure, economic conditions and identification of key assets and challenges. A market study, utility study and traffic study will ensure that recommendations are based on reality, and a key deliverable in addition to the plan is an “action plan” which will provide workable action plans for top recommendations – a series of strategic projects, programs, and initiatives – that emerge from the planning process. It is expected that the consultant will complete the requested tasks within 8 months. Kickoff is expected in February 2021. RECOMMENDATIONS: Staff recommends awarding the professional services contract to MIG in the amount of $150,000, to be funded by SCL Health, to carry out the scope of work for the Lutheran Campus Master Plan. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to MIG, Denver, CO, in an amount not to exceed $150,000 for professional services for the Lutheran Campus Master Plan.” Or, “I move to deny the award of a contract and approve subsequent payments to MIG, Denver, CO, in an amount not to exceed $150,000 for professional services for the Lutheran Campus Master Plan for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. MIG Work Plan 518 17th Street, #630, Denver, CO 80202 (303) 440-9200 | www.migcom.com In association with: Economic & Planning Services | Fehr & Peers | The Abo Group Proposal | December 10, 2020 Lutheran Campus Master Plan Consulting Services ATTACHMENT 1 PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 8 03 Proposed Work Plan TASK 1: PROJECT MANAGEMENT AND COORDINATION The first task includes project start-up and ongoing project management. At MIG, we feel strongly that the initial project set up and kick-off is instrumental to a successful project. Therefore, our Project Management and Coordination task includes a Project Chartering session, as well as an opportunity to revise the scope, budget, and schedule to align expectations and best utilize resources. 1.1. Project Chartering The MIG Team will meet with City Staff and SCL Health representatives (SCL) to discuss project goals and to confirm the full project scope and major milestones as they relate to the overall budget. Additionally, MIG, City Staff, and SCL will work to establish a preliminary list of critical stakeholders whose input will be needed at certain points in the process noting that the MIG Team will then proceed with expanding upon and refining that list. As part of the work plan, there are additional services listed that may, depending on the outcome of the process and input, be determined to be valuable assets to the overall plan. MIG will work to include those elements, as appropriate, within the existing budget, however, it may be that additional services are ultimately needed. 1.2. Finalize Scope, Budget, and Schedule The MIG Team will work with the client team before and after Project Chartering (Subtask 1.1) to refine the preliminary scope of work, schedule, and budget. A final scope of work and budget will be included as exhibits to the Prime Services Agreement. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 9 1.3. Monthly Project Management Meetings At critical points during the process, ahead of public outreach efforts, and in transition between major phases, the Core Project Management team will convene to expand upon regular communication and to discuss and reaffirm deliverables and near-term actions. These meetings will also be used to redirect the overall trajectory of the project as needed based on unanticipated input or discoveries that may arise throughout the process. It is anticipated that these will occur over phone unless the physical needs of the meeting demand otherwise. 1.4. Ongoing Project Management and Coordination Throughout the project, MIG will provide continued hands-on project management and client service. This will involve regular communication with City Staff and SCL to confirm deliverables and keep the project on schedule and budget. This task includes internal coordination and management activities, as well as emails and phone calls with City Staff, SCL, consultants, and other potential partners. The task also includes the coordination of in-person meetings to conduct any additional outreach strategies and present to the necessary parties outside of what is assumed in this scope. TASK 2: PUBLIC ENGAGEMENT The second task includes the development of a Community Engagement Plan and implementation of that Plan in collaboration with City Staff and SCL representatives. Engagement activities outlined here respond to the anticipated needs of the project and integrate the minimum requirements outlined in the RFP. The Community Engagement Plan will detail the audiences, key milestones, messaging, specific outreach tools, and metrics for success. 2.1. Community Engagement Plan Early in the planning process, the MIG Team will work with City Staff and SCL to create a robust public engagement plan, incorporating elements to create an outreach toolbox. It will include components such as identifying target audiences and key milestones for engagement; determining the level of engagement desired from target audiences at each milestone; developing tools for engaging target audiences at appropriate levels; and creating a stakeholder and community engagement timeline. 2.2. Campus and Neighborhood Walking Tour The MIG Team will organize and facilitate a three-hour campus and neighborhood walking tour that can be socially distanced, as necessary. The walking tour will focus on the exterior of buildings and the larger campus as well as understanding the connections and transitions to surrounding streets, neighborhoods, and districts. The Walking Tour will be documented with photos. 2.3. Focus Groups The MIG Team will conduct up to six focus groups throughout the process. The Community Engagement Plan will help to delineate the specific purpose and timing of the focus groups, but a preliminary approach is to convene three focus groups of community representatives early in the Master Plan process to inform vision and goals and then three additional focus groups later in the process to test the major recommendations of the Master Plan. The focus groups will be conducted virtually via Zoom but can pivot to an in-person format if circumstances around the pandemic change. 2.4. Public Meetings Given the level of public engagement that has recently taken place during the Neighborhood Revitalization Strategy and the Wadsworth Boulevard Widening Project, we anticipate the community will be eager to be involved in the planning process. The MIG Team will work with City staff and other local stakeholders to design online and/ or on-person community open houses that are interactive, participatory, and fun. Our aim is to foster a strong sense of community and create relatively informal and relaxed ways to interact directly with project staff, share concerns, and ask questions. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 10 Each meeting will be designed specifically to complement the phase of the planning process. The process envisions three key meetings, which include: a kick-off meeting to build excitement and establish an overall vision, goals and polices; a mid-point meeting to confirm the development framework and refine initial recommendations; and a final meeting to summarize the process, review the final recommendations, and take the first steps towards implementation. 2.5. WhatsUpWheatRidge.com 2.5.1. Online Input The MIG Team will collaborate with City staff to develop messages, digital collateral, and other mechanisms to inform community members and stakeholders using WhatsUpWheatRidge.com. 2.5.2. Survey The MIG Team will develop a survey instrument for distribution via WhatsUpWheatRidge.com. The Community Engagement Plan will help to delineate the specific purpose and timing of the survey, but the preliminary approach is to use the survey to educate the community about the draft vision and goals and to begin testing various development/ redevelopment ideas that align with the vision and goals to inform the overall development framework. 2.6. Stakeholder Committee Meetings This committee will be included throughout the planning process, meeting at least four times throughout the process, and providing input to the project team as the plan develops. This task accounts for the actual meeting time and preparation once the committee has been chartered. 2.7. City Council and Planning Commission Meetings The MIG Team will attend and provide PowerPoint support for two rounds of meetings with both City Council and Planning Commission, consisting of two meetings each with each body. TASK 3: BACKGROUND, VISION, AND PRELIMINARY RECOMMENDATIONS The third task is focused on establishing the foundation for the Master Plan and includes background and context in an Existing Conditions Scan, Visioning, and the Preliminary Development Framework. Rather than create an overly prescriptive Master Plan with a detailed program and specific siting and architectural direction, the MIG Team realizes that the real need is for a flexible and nimble development framework to inform re-entitlement, marketing of the property, community benefits, and a higher level development vision with clearly articulated guidance and parameters. 3.1. Existing Conditions Scan The MIG Team will undergo a high-level review of the existing conditions to determine the critical, contextual assets, challenges, and opportunities for the project area. MIG will compile a Data Request List for any necessary data sources and will work with City Staff and SCL to identify the specific maps and data to represent. The MIG Team will ultimately summarize this information in a presentation format that will be a foundational element in establishing a graphic language and working relationship with the community through accessible and approachable information. Additionally, this presentation will include preliminary inputs from Task 4 technical analyses, including Market Analysis, Traffic Analysis, Utility and Drainage Analysis, and the Facilities Assessment. The sections of the Existing Conditions Scan are detailed below. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 11 3.1.1. Existing and Projected Area Demographics The MIG Team will prepare a summary of demographic conditions in areas/neighborhoods around the Lutheran Campus and compare those conditions to the City of Wheat Ridge and the Denver Metro Area. The summary will evaluate major demographic characteristics including age, race/ethnicity, household composition, household incomes, and other data points to characterize the area. 3.1.2. Economic Conditions and Opportunities A summary of the economic conditions in the Lutheran Campus area compared to the City and the Denver Metro Area will also be developed. The summary will characterize the economic base in the area and city, evaluate employment trends by industry, assess the education and occupational composition of the surrounding workforce, and provide a high-level strength, weaknesses, opportunities, and threats analysis to help identify economic opportunities. 3.1.3. Existing Facilities and Assets The Abo Group will perform a half day visual tour of all the facilities currently on the SCL site accompanied by facility maintenance staff. Note: We understand that the existing hospital building has significant ACM’s and due to the extensive abatement that would need to occur to repurpose this facility, it is assumed not to be a part of this study and assessment. 3.1.4. Zoning, Land Use, and Built Form The Abo Group will perform a study of the current zoning for the SCL property and immediate adjacent properties. We will meet with Wheat Ridge Planning and Zoning staff to determine if there are any other zoning or planning restrictions or aspirations for the built form on the SCL site. 3.1.5. Transportation and Connectivity Fehr & Peers will perform an analysis of the existing conditions of the site. This task will include a description of transportation networks and services for all modes of travel. We will use available data to analyze the travel speeds, volumes, intersection level of service, and volume to capacity ratios during peak periods. Given the available data, we will assess these conditions on roadways internal to the site, as well as adjacent to the site, including W 38th Avenue and W 32nd Avenue. An accurate picture of the existing traffic patterns will help inform the limitations that the transportation network poses for redevelopment of the site. 3.1.6. Utilities and Infrastructure MIG will map existing utilities on the site using GIS and record drawings provided by the City and/or SCL. It is assumed that the City and/or SCL will provide GIS or record drawings from applicable utilities, such as Wheat Ridge Sanitation District and Wheat Ridge Water District. 3.2. Visioning Building upon the Existing Conditions Scan, as well as the initial input received during the first round of engagement with focus groups, the steering committee, and the public, MIG will synthesize the commons themes into a draft vision for the corridor. Establishing a clearly articulated vision that is supported by the community and grounded by a viable framework is an important step in the process and may require multiple touchpoints to get right. It is through the visioning process that we will first engage the public in their thoughts regarding community character and design and neighborhood connections as these elements can contribute to the overall vision. The “vision” will be comprised of narrative text and will likely be supported by bullet points and precedent images. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 12 3.3. Development Framework and Preliminary Recommendations Building on the Existing Conditions Scan and the vision developed in the other subtasks of Task 3, the MIG Team will create a development framework with conceptual elements to use/adaptive reuse of existing structures, the major circulation armature, the height, massing, and high level character of new development, key open spaces of open space concepts, drainage, and utilities. The framework approach will allow the MIG Team to work with the City and SCL to establish the big moves for the site while not creating a Master Plan that is overly prescriptive. Instead, the Development Framework and Preliminary Recommendations will articulate priority concepts and connections, while setting the acceptable and desirable range of alternatives for physical form, land use, porosity and permeability, linkages, and more. The Development Framework and Preliminary Recommendations will provide the right amount of guidance and certainty to aid the City with updating the Comprehensive Plan and rezoning the property, as well as identify public infrastructure investments that may be necessary to support the future of the Campus. They will also provide SCL the tools they need to market the property to a desirable partner(s) for all involved. And finally, they will provide the community with a level of comfort and certainty regarding the future potential of the Campus and how it will (and will not) relate to the surrounding neighborhoods. TASK 4: TECHNICAL QUANTITATIVE ANALYSIS AND APPENDICES The fourth task provides the technical underpinnings of the entire project. The technical analysis and studies included in this task include market economics, traffic, utilities and drainage, and facility assessment. Each of the major subtasks will be documented in an appendix to the Master Plan. 4.1. Market Analysis EPS will lead the Market Analysis for the Campus. The market analysis will evaluate real estate development conditions and trends, assess the site attributes for development, estimate demand for development by use, and assess the high-level financial feasibility of desired development types. The summary of the analysis will be provided in a Market Analysis Report that will serve as an appendix to the Master Plan. EPS will build on its extensive knowledge of the Wheat Ridge market gained through the on-going economic services it provides to the City currently. EPS will also utilize its experience with market studies for large site redevelopments from throughout the US. The following subtasks are envisioned in the Market Analysis. 4.1.1. Real Estate Conditions and Trends Summary EPS will start the analysis by defining competitive market areas for major use types to help understand the sites competitive position. The market areas will be used to document the real estate development conditions (inventory of development by use, rental rates, vacancy rates, etc.) around the site in context with the surrounding competitive market. Development trends will be document for the region and market areas by use including documenting building permit trends, changes in developed inventory, competitive projects/areas, and identifying major planned/proposed projects in the area. 4.1.2. Stakeholder Interviews EPS will conduct one-on-one interviews with area stakeholders (developers, property owners, business owners, brokers, etc.) to gain insight on market conditions and trends. The interviews will help to underpin an understanding of competitive projects, achievable development capture, and financial feasibility. 4.1.3. Site Capacity and Competitive Position Assessment Building on the SWOT analysis completed in the existing conditions analysis, EPS will estimate development capacity based on conceptual plans and site evaluations completed by the MIG Team. EPS will evaluate the opportunity for development of various use types based on the location on the campus and conceptual plans developed in the visioning process. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 13 4.1.4. Development Demand Estimates EPS will estimate the demand for new development over five, ten, and build-out horizons for the project for each major use type. The demand estimates will be broken out by each product type found to be in demand in the site. EPS will also provide an assessment to the potential barriers to capture of each major use type including an assessment of the high-level financial feasibility. The analysis will assess and compare needed rental rates, sales prices, and land values for feasible developments to the conditions in the surrounding area. 4.2. Traffic Analysis 4.2.1. Scenario Analysis The MIG Team will assess the transportation implications of the various proposed land use scenarios by using Fehr & Peers’ MainStreet tool, a web-based application for estimating trip generation for mixed-use developments that is one of the most accurate estimation tools that exists today. MainStreet accounts for density, diversity of land uses, distance to transit, demographics, and design of the site, which are not considered in other currently accepted trip generation methodologies such as the Institute of Transportation Engineers (ITE). We will apply this approach to estimate not only future vehicle trips for proposed future land use scenarios, but the number of people walking, biking, and taking transit to and from the proposed site. 4.2.2 Transportation Needs Assessment Based on the existing conditions analysis and results of the scenario analysis, we will propose a set of multimodal recommendations that address safety, capacity, connectivity, and efficiency challenges. We will compare the estimated vehicle trips with the proposed development to existing conditions, to determine what additional capacity needs to be considered for intersections and corridors. We will consider recommendations such as turn lanes, queue lengths, signal timing, and additional general travel lanes to ensure that the proposed site operates efficiently and safely. We will assess existing and forecasted pedestrian patterns and behaviors in the context of the existing pedestrian sidewalk infrastructure and crossing treatments. Based on these existing conditions, national design guidelines, the updated City of Wheat Ridge Streetscape Manual, and best practices, we will recommend an enhanced pedestrian realm and pedestrian crossing treatments to enhance the safety and comfort of users of all ages and abilities. We will prioritize the set of final recommendations based on criteria such as safety improvement, cost, ease of implementation, and improvement in efficiency. 4.3. Utility and Drainage Analysis MIG will prepare water and sanitary sewer land use-demand tables for preferred development scenario. MIG will map preliminary horizontal water and sanitary sewer alignments and analyze total on-site demand at proposed points-of- connection. Utility sizing is assumed not to be a part of this study. This demand analysis assumes that regional water and sanitary sewer have capacity to serve the site. The analysis will allow the City and Utility districts to plug the Site demands into their system models and determine if additional analysis is required to increase offsite capacity. 4.4. Facility Assessment The Abo Group will review any plans, specifications, reports, or studies that describe the condition of building systems of each facility on the SCL campus. The Abo Group will want to ascertain the approximate life cycle of the building envelope, structural systems, mechanical, electrical, plumbing, and fire protection systems if known. If there is no written record of facility, then The Abo Group will interview appropriate facility staff who have the most knowledge of the condition of the building systems. Following the review of the condition of all facilities The Abo Group will prepare a spreadsheet of the condition of the building systems of each facility including an opinion of how a building might be reused or repurposed (or demolished) and attend two meetings with the Master Planning Team. PROPOSED WORK PLAN City of Wheat Ridge | Lutheran Campus Master Plan Consulting Services 14 TASK 5: DOCUMENTATION AND ADOPTION The fifth task is focused on the development of the implementation and action strategy, documentation of the Master Plan in an iterative series of drafts, and a final report. 5.1. Implementation and Action Strategy The MIG Team will develop an action strategy to guide the City and SCL in implementation of the Master Plan. The strategy will develop a list of short, medium, and long-term actions with associated lead agency. Major development milestones will be identified that combine regulatory actions, real estate transactions and development approvals, and major capital improvements to provide guidance for actions assigned to differing agencies and organizations. The strategy will also assess how the project may progress under different assumptions or in reaction to major decision points by either the City of Wheat Ridge, SCL, or other future partners. 5.2. Administrative Draft Master Plan The MIG Team will compose an Administrative Draft Plan including charts, maps, figures, etc. The Administrative Draft Plan will be in a Word-based text format with associated key graphics in PDF format. The Administrative Draft is intended for internal City staff and SCL review. Comments should be consolidated into a single set and returned to the MIG Team. 5.3. Public Review Draft Master Plan The MIG Team will incorporate feedback and edits to the Administrative Draft Master Plan into a revised narrative for integration into a highly graphic, InDesign-based plan report. The Plan Report will include, at minimum, the following sections: »Executive Summary »Introduction and Background »Planning Process, Vision, and Goals »Development Framework »Key Recommendations and Elements »Implementation and Action Strategy -Appendices -Market Analysis -Traffic Analysis -Utility and Drainage Analysis -Facility Assessment 5.4. Final Master Plan MIG will incorporate any final edits from the adoption process into a Final Master Plan. OPTIONAL TASKS: The MIG Team is confident that the Scope of Work presented above will deliver a product that meets the needs of the City and SCL, but it may be determined that out-of- scope tools are helpful in order to create a more-robust process or product. MIG believes that this will most likely occur within the community engagement strategies and in the graphic representation of the opportunities. The following additional services paint a larger picture from which more customized strategies can be deployed at critical points, either during or after the process. These strategies can be performed for an additional fee (noted in the attached budget, and assuming one event per stated fee) and could include: O.1 Additional Conceptual Graphics and Renderings O.2 Augmented Reality and QR Codes O.3 Expanded Digital Engagement O.3.1 Virtual Open House O.3.2 Additional Focus Group O.3.3 Additional Online Questionnaire O.3.4 Additional Stakeholder Committee Meeting O.3.5 Additional Public Meeting O.3.6 Additional City Council and Planning Commission Meeting O.4 Detailed Utility Plan O.5 Drainage Study O.6 Financial Feasibility Study ITEM NO: 9 DATE: January 25, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION TO APPROVE A LICENSE AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY FOR TRAIL IMPROVEMENTS ADJACENT TO CLEAR CREEK CROSSING AND INTERSTATE-70 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Community Development Director City Manager ISSUE: The Clear Creek Crossing development is formalizing trail improvements parallel to Interstate-70 between W. 40th Avenue and the Clear Creek and within CDOT right-of-way. This License Agreement permits the trail to cross over CDOT’s Access Control Line for the construction of a pedestrian/bike path. PRIOR ACTION: The majority of the Clear Creek Crossing development was annexed into the City in 2006. In 2018, the property was rezoned Planned Mixed-Use Development (PMUD) to facilitate a mix of retail, residential, and employment uses on the site. The PMUD zoning requires a trail connection between W. 40th Avenue and the Clear Creek trail. FINANCIAL IMPACT: None. Maintenance is anticipated to be the responsibility of the master developer, metropolitan district, and/or adjacent site owner. A future ownership and maintenance agreement will further define the maintenance structure as a requirement of development of the adjacent hospital site. Council Action Form – CCC Trail License Agreement January 25, 2021 Page 2 BACKGROUND: The impacted property is commonly known as Clear Creek Crossing, and is located west of Interstate 70, south of Highway 58, and north of the existing development near 32nd Avenue. A portion of the development was re-zoned in 2018 to Planned Mixed Use Development (PMUD) to accommodate a mix of uses including residential, retail, office, and employment uses. The remainder of the property is zoned Planned Commercial Development (PCD) and is subject to a development plan that was approved in 2011. The subject trail improvements are a requirement of the approved PMUD zone district and associated outline development plan and vision book. Development is progressing at Clear Creek Crossing, with roadways and infrastructure, a 310-unit multi-family apartment site, and a gas station and convenience store construction well underway. A credit union has also been approved within the development with permits recently issued. Other active land use applications include proposals for a retail site and hotel. The subject trail improvements are proposed directly adjacent to the site that is reserved for a hospital use, for which a land use application is expected to be submitted in the first quarter of 2021. SCL Health and Evergreen have been working with CDOT to locate a portion of the trail within excess CDOT right-of-way parallel to I-70 between W. 40th Avenue and the Clear Creek trail. CDOT is open to a trail in this location, and this location is beneficial in reducing potential conflicts between trail users and vehicular traffic associated with the hospital site. The Access Control Line is an area adjacent to the interstate which precludes access to the highway. It is standard practice for CDOT to require a license agreement when any improvement is within or crosses the Access Control Line. The proposed trail and its relationship to the Access Control Line are shown in Exhibit A attached to the enclosed license agreement. RECOMMENDATION: Staff recommends approval of the attached License Agreement. RECOMMENDED MOTION: “I move to approve a License Agreement between the Colorado Department of Transportation and the City for trail improvements adjacent to Clear Creek Crossing and Interstate-70.” Or, “I move to not approve the License Agreement between the Colorado Department of Transportation and the City for trail improvements adjacent to Clear Creek Crossing and Interstate-70, for the following reason(s) ________________.” REPORT PREPARED AND REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – CCC Trail License Agreement January 25, 2021 Page 3 ATTACHMENTS: 1. CDOT License Agreement Proj. No.: N/A Location: Westbound Interstate 70 – Milepost 265 Parcel: N/A LICENSE THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO (“Licensor”), whose legal address is 2829 W. Howard Pl., City and County of Denver, State of Colorado, hereby grants to City of Wheat Ridge (“Licensee”) whose legal address is 7500 West 29th Avenue, Wheat Ridge CO, 80033, to wit: PERMISSION TO CROSS OVER the access control line of the Colorado Department of Transportation, from and to the real property of the Licensee situated in the Northeast Quarter of Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, in the County of Jefferson, State of Colorado, as described in the attached legal description and drawing, FOR THE PURPOSE OF an A-line license for a pedestrian/ bike path within the right of way of I-70 as approved by CDOT Region 1 Unit. This agreement constitutes a bare License, conferring no enforceable right on Licensee and creating no property interest. It is a mere personal privilege, non-transferable and revocable at will, but shall be valid in perpetuity unless terminated for good cause in writing by either party. This License shall not be considered a commitment by Licensor nor in any way authorizes or guarantees any continuing use of the License. This License authorizes the aforementioned access control line crossing. The Licensee shall locate all utilities prior to commencing work. Upon termination, Licensee shall be responsible for the prompt restoration of CODT right-of-way to the condition found prior to commencing work. Within the limitation of the Colorado constitution and statues, Licensee assumes liability for the construction, operation, and use of the entranceway and agrees to defend, indemnify, and hold harmless the Federal Highway Administration and the Licensor and any employees, agents contractors, or other representatives of the Licensor against any and all damages, claims, liability, loss, or expenses, including attorney’s fees and litigation costs, arising from or in any way related to the construction, operation, or use of the entranceways or the issuance or use of this License. This License is not a State Highway Access Permit or State Highway Utility Permit. Signed this _______ day of _____________, 20__ ATTEST: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION __________________________ __________________________ Alicia Clemons Mike Keleman, P.E Chief Clerk-Property Management Chief Engineer <licensee> By: ______________________________ Title: ______________________________ State of Colorado ) ) ss. County of ) The foregoing instrument was acknowledged before me this _______ day of _________________, 20__, by _________________________________. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: ______________________. __________________________________________ Notary Public ATTACHMENT 1