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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 03-08-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO March 8, 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 March 8, 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: 996 6641 2897 and Passcode: 041952 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 Women’s History Month and International Women’s Day APPROVAL OF MINUTES City Council minutes of February 22, 2020; Study Session Notes of March 1, 2021. CITY COUNCIL AGENDA: March 8, 2021 Page -2- APPROVAL OF AGENDA 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. 1. CONSENT AGENDA a. Motion to approve the purchase and payment of 2021 vehicle replacements and the purchase and payment for installation of lighting, and auxiliary equipment in a total amount not to exceed $479,235 b. Motion to amend to the Bayou Ditch contract to approve additional costs exceeding contract and contingency in the amount of $13,250.59, and approve a revised contingency of $11,749.41 c. Resolution No. 13-2021 - a resolution amending the fiscal year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $62,000 for the purchase and payment of a Police department vehicle PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution No. 12-2021 - a resolution approving a waiver of the Liquor Occupation Tax for calendar year 2021 for certain eligible businesses within the City CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION PROCLAMATION WOMEN’S HISTORY MONTH & INTERNATIONAL WOMEN’S DAY MARCH 2021 WHEREAS, Women's History Month is declared annually as the month that highlights the contributions of women throughout history and in contemporary society; and WHEREAS, March 8th has been recognized across the world as International Women’s Day since 1911; and WHEREAS, in March 1980, President Jimmy Carter issued the first Presidential Proclamation declaring Women’s History Week to align with International Women’s Day to commemorate the accomplishments, perspectives, and experiences of women in the United States; and WHEREAS, since 1995, each U.S. President has declared March as Women’s History Month; and WHEREAS, in November 1893, a Colorado referendum passed women’s suffrage into law, making it the second state in the Country to give women the right to vote; and WHEREAS, in 1920, the suffrage movement had finally gained enough support, and Congress, grateful for women's help during the war, passed the 19th Amendment to the U.S. Constitution which prohibits the states and the federal government from denying the right to vote to citizens of the United States on the basis of sex; and WHEREAS, while the right to vote is a common topic of study when examining women's history, there are many more issues, perspectives, and accomplishments that require investigation across history, literature, science, politics, and the arts to more fully appreciate and understand the significant contributions of women throughout history; and WHEREAS, women who are residents, business owners, employees, elected officials, members of WRPD personnel and City staff, and make a difference every day in the City of Wheat Ridge are to be celebrated for their contributions, and NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council formally celebrate the month of March 2021, as Women’s History Month and March 8th, 2021, as International Women’s Day in Wheat Ridge, Colorado IN WITNESS WHEREOF, on this 8th day of March 2021. Bud Starker, Mayor Steve Kirkpatrick, City Clerk City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 22, 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 7:00 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: Deputy City Clerk, Robin Eaton; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone; Purchasing and Contracting Agent, Jennifer Nellis; Police Chief Chris Murtha; Assistant to the City Manager, Marianne Schilling, other staff, guests and interested citizens. (City Clerk Kirkpatrick was unable to attend due to illness.) PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Without objection or correction, the City Council Study Session Notes of February 1, 2021 and City Council Minutes of February 8, 2021 were approved as published (including Councilmember Hutchinson’s second of the motion on page 5). APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK Guy Nahmiach, 3650 Ward Road, called to thank Sara Spaulding, PIO, for her work on helping our citizens stay informed. Mike Place 6670 W. 30th Ave., called to share his experience with an STR in his neighborhood, across the street from his house. He has seen an increase of traffic City Council Minutes February 22, 2021 page 2 ongoing since the STR opened. He has two children of pre-school age, and he is concerned about their safety. He placed a sign cautioning drivers that children are present, and a visitor towing a camper ran over the sign. He thinks these STR are creating too much traffic and too much risk for children due to the increase in traffic. 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, if the comments do not contain lascivious language or unlawful hate speech). Comments submitted through Wheat Ridge Speaks about a topic not on tonight’s agenda appear below; two other comments appeared in Wheat Ridge Speaks, related to agenda item 6 this week, and those comments appear below in the section for item 6. Hi, I recently heard that a developer has been approved for the Lutheran property on 38th Ave. I and many others would very much like to stay in the loop with regard to what is being planned. My property backs up to the property, on the east side, so I am mainly interested in that area. In particular, I hope that the addictions/psych clinic and the hospice will be able to remain untouched. In general, I can see the need to redevelop some of the open areas of the property. But I hope that the entire property is not filled with apartments, for example, but developed thoughtfully, such as including: -Open space/greenbelts -Paths or links from Crown Hill to areas north and east -Single family homes -Parks/playgrounds -Maybe another rec center -Maybe another pool and sports fields -Maybe small businesses (not a big box store) I think this is a big deal, a huge property in the middle of town that could greatly affect the town's future. I hope you take the long view, don't sell out, and solicit a lot of feedback, maybe even form a committee with openings for citizens. I apologize if this may be premature or off-topic at the moment, I thought it might be discussed at this meeting. But I wanted to put this out there as soon as possible, as it will come up eventually, the sooner the better. Please notify me, and the rest of Wheat Ridge, if possible, on opportunities to learn more. Thanks, John W. Shriek 02/19/2021 10:31 am John W. Shriek 3365 Zephyr Ct. Wheat Ridge, 80033 City Council Minutes February 22, 2021 page 3 1. CONSENT AGENDA Discussion began at approximately 7:08 PM Councilmember Urban introduced the consent agenda. a. Motion to award On-Call Storm Sewer Maintenance services to High Country Pipe & Utility of Fort Collins, Colorado in an amount not to exceed $40,000 b. Resolution No. 08-2021 - a resolution approving an agreement with the Wheat Ridge Sanitation District regarding the Wadsworth Boulevard Improvement project from 35th Avenue to Interstate 70 c. Resolution No. 09-2021 - a resolution approving an agreement with the Wheat Ridge Water District regarding the Wadsworth Boulevard Improvement Project from 35th Avenue to Interstate 70 d. Motion to award the contract for Engineering Consulting Services for Phase III of the Wadsworth Boulevard Improvement Project to HDR Engineering, Inc., Denver, CO, in the amount of $90,413.93 e. Motion to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2021 Motion by Councilmember Urban to approve Consent Agenda Items a.), b.), c.), d.) and e.), Seconded by Councilmember Stites, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:12 PM 2. Council Bill No. 03-2021 - An Ordinance amending Ordinance 1697, Series 2020, concerning regulation of noise. Councilmember Nosler Beck introduced Council Bill 03-2021. The current Code of Laws Section 16-103.C noise ordinance will apply to industrial operations as of February 28, 2021.The Rocky Mountain Bottle Company, which would be regulated by the ordinance, has developed a sound mitigation wall for its operation, which will not be completed before mid-2021. This Ordinance extends the effective date for the industrial noise standards until October 1, 2021. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1708 City Attorney Gerald Dahl spoke to the Council about the issue and City Council Minutes February 22, 2021 page 4 Staff report by Mr. Goff, who recapped the previous discussions and Council Actions with respect to the industrial noise regulations. Prior action exempts only fireworks displays sponsored by the City, not fireworks for personal use. Public Comment Nobody came forward to speak on this item. Council Questions and comments Councilmember Nosler Beck asked for an update from staff on the timeline for completing the work at the Rocky Mountain Bottling Co. Mr. Goff responded that the RMBC submitted plans that will be implemented with all feasible urgency. Mayor Starker closed the public hearing. Councilmembers Urban and Nosler Beck commented that the RMBC has been an exemplary neighbor throughout this process. Motion by Councilmember Nosler Beck to approve Council Bill No. 03-2021 - an ordinance amending Ordinance 1697, Series 2020, concerning regulation of noise, on second reading, and that it take effect upon adoption, seconded by Councilmember Dozeman, motion carried 8-0. 3. Council Bill No. 02-2021 - An Ordinance amending the Wheat Ridge Code of Laws to adopt a new Article XIV in Chapter 11 entitled Short-Term Rental Licenses and in connection therewith making conforming amendments in Chapters 22 and 26 The following comments appeared in Wheat Ridge Speaks for this Agenda item: Dear City Council Members -- My wife, Patricia Barry Levy, and I support the short-term rentals bill, Council Bill02-2021, for several reasons. First, short term rental (STR) of properties best occurs when the practice is well regulated. We believe the current bill will provide the necessary regulatory authority and tools to provide accountability of property owners offering STR and minimize if not eliminate off site impacts. Second, we believe there are positive secondary economic and fiscal effects within the City of Wheat Ridge that occur in addition to the direct revenue to STR property owners. City licensing fees may completely offset the cost of enforcement of STR regulations and perhaps provide additional city revenue. Visitors staying in STRs may very well shop locally. This is a plus for local businesses and for city sales tax revenue. Third, on a personal note, our house in Wheat Ridge is adjacent to the existing Roost Farm STR. The way Roost Farm runs its STR units represents the kind of well-regulated ancillary business practices that I would expect from virtually all STRs in Wheat Ridge once this bill is enacted and fully enforced. City Council Minutes February 22, 2021 page 5 So, for these reasons, we repeat our support for this bill and urge you to pass it. 02/22/2021 11:01 am Lloyd E. Levy 3275 Upham St. Wheat Ridge, 80033 I am a WR resident & have provided short term rentals (STR) in my home for over three years. I have hosted guests from all over the world, from 1-night stays to several weeks. I have hosted traveling nurses, artists, yoga instructors, geologists, parents of students attending the School of Mines, parents visiting children who have moved to Colorado, PHD graduates who attended school together who meet up once a year at a different place to explore our country, business conference attendees, gig workers, veterinarians and students here to learn at the WR Animal Hospital, individuals attending concerts at Red Rocks, skiing at local resorts, exploring Rocky Mountain National Park and more. I have had guests cook me meals from their native country, send me photos from their trips to Colorado and leave me heart felt notes of gratitude for their stay here. One group of guests even left me a bouquet of white roses! I share these examples because they are contrary to the stereotypical STR guest(s) who are rabble rousers and partiers who disrupt the peace and quiet of our neighborhoods. I recognize that those types of renters are out there, but in my experience, they are not the majority. I've actually had the opposite experience in which my neighbors, who frequently have people over, play loud music & party until well past midnight have disturbed my guests. The regulations that currently exist for all property owners in WR in terms of maintaining one's property, adhering to noise regulations and being decent citizens should be adequate. I believe the goals of City Council members and STR operator/owners are the same - to be good community members and neighbors, and yet the regulations being drafted seem to play into the into the 80/20 rule where 20% of the people get 80% of the attention. Again, I know there are certainly renters who may be disruptive and cause issues with their neighbors, but as a STR owner/operator, it's my responsibility to screen my renters and manage issues as they arise, as positive experiences for me and my guests are important for my business as well as my neighbors. I know there has been discussion about prohibiting one-night stays, so I'd like to comment on this as well. Given that WR is the gateway to the Rockies, I frequently have guests who fly into Denver late and need a one night stay somewhere homey and comfortable before heading into the mountains. It's naïve to think all 1-night bookings are for the purpose of a party and that by prohibiting them, parties will no longer be a problem. I encourage City Council members to consider ways to recognize, reward and feature STR properties that are good stewards of the community. Like many of my fellow STR property owners, I regularly refer my guests to local businesses and venues, and it would be nice if the city could do something comparable for us! Collaboration is the key to positive and neighborly relations. The licensing fee and lodging taxes are also a concern. Not all STR rake in big bucks. I started out offering STR to pay for health insurance since my employer didn't provide it. When COVID hit, I suspended my listing for 7 months as it was the safe thing to do and took a hit to my income. Piling on additional fees and taxes, particularly during this "unprecedented time," feels poorly timed and punitive to those of us who are trying to provide a home-like experience for our guests while bringing in a little extra income. Your consideration of my feedback and your service to the City of Wheat Ridge, is appreciated. With gratitude, Joanna Morken 02/22/2021 10:21 am Joanna Morken 3870 Oak Street Wheat Ridge, 80033 Hi Council Members and Wheat Ridge citizens. I've been a citizen of Wheat Ridge for 7 years and I was just afforded the opportunity to buy a home in Wheat Ridge. The reason I had this opportunity is I own Gleam, a short-term rental cleaning company. I started my company in January of 2019. We did six figures in revenue our first year because Colorado is a hot short-term rental market. I paid around $11,000 in federal tax and City Council Minutes February 22, 2021 page 6 just over $3000 in local tax my first year. Short term rentals equal revenue for everyone involved including govt. My company employs six people. Short term rentals create jobs for property managers, cleaners, and lawn care people to name a few. I've cleaned up after thousands of short-term rental guests in Wheat Ridge. I've never seen anything that would cause me to believe that short term rentals bring the wrong crowd or are dangerous. Quite the opposite actually. I mostly see families on vacation or couples on a romantic getaway. Short term rentals are safe, create jobs and bring revenue to Wheat Ridge. I'm looking forward to our city adopting regulations that benefit its citizens like myself. Thank you for your time. 02/21/2021 7:45 pm Katherine Case 4645 Dudley St Wheat Ridge, 80033 End of comments entered into Wheat Ridge speaks for this item. Councilmember Hoppe introduced Council Bill 02-2021. The City of Wheat Ridge does not currently define or regulate short-term rentals (STRs) in the Code of Laws. Short-term rentals are dwelling units, or portions of dwelling units, that are used for lodging accommodations for transient occupancy for a period of less than 30 consecutive days. STRs have existed in one form or fashion for decades but have become much more prevalent as a land use phenomenon in the last 10 years. They are commonly listed on web-based platforms including Airbnb, VRBO, and Expedia. The purpose of this ordinance is to define STRs and allow, license and regulate them. Mayor Starker opened the public hearing. The Mayor reviewed the procedures, Deputy City Clerk Robin Eaton assigned Ordinance No. 1709 Community Development Planner Scott Cutler spoke to the Council about the issue, presenting items that included: • Process by Council • Current Code • Proposed code items • Requirements for application and fees • Operational Requirements • District Cap • Enforcement Public Comment David Bondarchuck, 6440 W 31st Ave., spoke against this legislation. He recalled that he had communicated with Council via email prior to this meeting to express his concerns. In his opinion the proposed ordinance is poorly worded and needs further work. City Council Minutes February 22, 2021 page 7 Specifically, he discussed Sec.11-503-2 that requires posting of the owner’s contact information within the STR. He believes that this requirement should address the legal issues that will arise because of the way services like Air BnB operate and provide insurance to property owners, as well as providing remedies like collecting for tenant damages and insuring the owner’s property. He also opposes the language in Section 11-504, paragraph 3, which in his view basically allows the city to conduct inspections of the STR premises. He proposed a grandfather clause, to exempt from changes those properties in historical neighborhoods. He is concerned that such inspections might lead to complex and expensive renovations to these historic dwellings. Jay Harris, 7425 W. 34th Ave., bought his house in 1995 and is against the proposed Ordinance. His family has operated STR for many years, and his experience is that the STR guests present fewer problems than long-term renters. He often refers short-term renters to Wheat Ridge restaurants and businesses. Elected officials are not dictators and cannot tell residents what to do with their own homes and properties. An attorney with Holland and Hart reviewed the new regs and opined that the proposed ordinance blatantly discriminates against, landlords who offer both long- and short-term rentals according to Federal housing statutes. The City of Avon lost a federal lawsuit and was ordered to pay a landlord a $500,000 judgement under the Fair Housing Act. The City of Colorado Springs stopped working on a similar effort when threatened with a similar lawsuit. He asserted that if this Ordinance passes, he will consult with his attorney and file a class action lawsuit against the City of Wheat Ridge to recoup any injury or pecuniary damages to any landowner as a result of this prejudicial and unlawful ordinance. Cary Whitaker 6630 W 30th Ave. He thanked Council for taking on this challenge and appreciates all of the efforts. This is a difficult subject, with a variety of views. He believes that the current proposal is a good sign of listening to different policy proposals and viewpoints. Councilmember Hoppe listened earnestly, and was forthright, and honest in providing help. He supports the minimum 2-night stay and the general direction of this new ordinance. Guy Nahmiach 3650 Ward Rd. He called to support the idea of regulating STR and two- night minimum stays but thinks the age restrictions are illegal under fair housing laws. He believes that the $200 for one-year license is crazy. He also doubts that inspections of only the rooms/spaces STR clients occupy will be feasible and will simply drive up home prices and discourage first time home buyers from locating in Wheat Ridge and drive up home prices. Please, make this simple in order to attract more people and attract more revenue and business to the City. Connie Lane, 3200 Vance St., Wheat Ridge. She said hats off to the City for addressing STR and she appreciated the formal PowerPoint presentation. She is speaking for a neighbor who has an STR and who supports this proposed ordinance. City Council Minutes February 22, 2021 page 8 Ms. Lane supports the ordinance as well because it will allow our Council to serve as stewards of our fine City and supporting our legitimate business. She stated she has not been impacted by guests to STR in her neighborhood and urges Council to move forward. Chris McCune 7395 W. 32nd Ave. Wheat Ridge - We are roost farms. He thanked previous speaker and also supports the city taking the next step. The McCune’s moved to WR in 2014 to start a city farm, because Wheat Ridge basically offers the best option for urban farming. He felt fortunate to find the old property with legacy original out buildings. We sell agricultural products, home baked goods and flowers. We have 8 years’ experience operating a local business. A few years ago, we started offering STR in some of our outbuildings, and we often refer guests to Wheat Ridge business, bars and restaurants. People who come to stay love our accommodations and love WR with all of its special businesses and they take their hospitality seriously. We believe that STR are good for the City. Joanna Morken 3870 Oak St. WR submitted comments on Wheat Ridge Speaks as well. She opposes the regulation of 1-night stays because it is unfair to assume those guests are somehow more likely to be problematic. Thinks it’s unfair to regulate to whom she may rent space in her own home. She manages responsibility. She has made extensive improvements to her home. During this CoVid pandemic this income is extremely important to me. She has the support of her neighbors. She also refers guests to Wheat Ridge businesses. Heather Vandeburgh 7185 W. 48th Ave., WR. She operates STR in the City and enjoys renting short term. She has 347 reviews on Air BnB, all very positive. By using STR she and her family are able to keep up on the property and earn income. She wants to ask for a lower short-term tax instead of a lodging tax of 10% which is very high compared to other cities. Jerry DiTullio 32nd and Newland – thanks Council for taking up work on STR. He reminded us that Wheat Ridge has a lot of good landlords, but there are many STRs that essentially operate as little hotels, with lots of people coming and going that you don’t know. He believes that the proposed Ordinance is a good, common sense approach. He reminds us that the lodging tax was approved by the voters. Local municipalities have the authority impose age requirements on renters, to prevent teens from using an STR for a loud and raucous party such as a graduation celebration. He hopes the proposed ordinance passes. Mayor Starker closed the public comment period. Council Questions and comments Councilmember Hoppe asked staff to comment on the proposal that complaints go through the STR platform through which landlords rent to guests. City Council Minutes February 22, 2021 page 9 Mr. Cutler commented that these services do have complaint functions, but those are more maintenance issues, like plumbing leaks or air conditioning problems. Councilmember Hoppe asked what happens when someone needs an emergency contact, in case of a serious problem. Councilmember Weaver asked Mr. Dahl to comment on the legal issues and lawsuits mentioned by one of the speakers. Mr. Dahl stated that STR are widespread across the country, that there have been numerous legal challenges, many including reference to the Fair Housing Act. The courts have consistently rejected these assertions, because the Fair Housing Act addresses long-term residences, not STR. Legally speaking, STR are more like hotels or motels than long-term rentals. For a variety of legal reasons these challenges have been rejected and indeed recent Federal court decisions have allowed these kinds of ordinances. Councilmember Hultin asked for clarification as to whether the STR standards like fire extinguishers and smoke detectors are subject to on-site inspections or whether the City will accept the applicant’s statement that those requirements have been met. Another speaker tonight expressed concerns that historic homes will be inspected for code violations. What kind of inspections will we have? Mr. Cutler stated that there will be no inspections of properties, the person making the STR application attests that the required conditions, notices and equipment are present. We will not send City inspectors unless there are sustained complaints. Councilmember Hultin asked about the process of passing this ordinance. This proposal has been in progress for a while. If we do not pass this ordinance tonight, what would happen to the status of STR? Mr. Goff recalled that STR are not mentioned in current code. Currently the City does not enforce any limits on STR. Councilmember Hultin supports the Ordinance but wonders what our options would be going forward should we decide to make changes. Mr. Dahl replied in detail. Councilmember Hoppe noticed that section 11-503 will require some renumbering, as there are two paragraphs numbered 2. Mr. Dahl said that the codifiers will remedy the cross referencing when they review it. Councilmember Weaver asked whether a licensee who rents one room for most of the year but rents the entire home in certain seasons will need a new license if they expand the STR from one or two rooms to the entire dwelling. Mr. Cutler said that a landlord who anticipates renting the entire home even occasionally should just apply for the license to rent the whole house and not worry about trying to amend the license later. City Council Minutes February 22, 2021 page 10 Councilmember Weaver expressed concern that the 2% rule in the ordinance will encourage homeowners to apply for an STR even if they have no current plans to use it. Mr. Dahl opined that cities often learn from their experiences with ordinances like this one and later amend it based on that experience. Councilmember Nosler Beck asked how the education of homeowners will proceed, to acquaint them with the details of the STR ordinance. She is concerned that we need to be very proactive. Mr. Goff explained that there is planning for this very issue, among others, in terms of the STR and licensing process. He also noted that there is an item later on tonight’s agenda concerning hiring an STR management company. Ms. Scheck explained the detailed plans the staff have in place to implement this ordinance is passed. A team is working on all aspects of the roll-out process. Mr. Cutler discussed the details of the services the lodging representative company will provide to the City and our homeowners. Councilmember Dozeman had several detailed questions about specific details in the proposed Ordinance, including age limits for renters, fees structures, etc. Staff and Mr. Dahl provided detailed answers. Mayor Starker closed the public hearing. Motion by Councilmember Hoppe to approve Council Bill No. 02-2021 - an ordinance amending the Wheat Ridge Code of Laws to adopt a new Article XIV in Chapter 11 entitled Short-Term Rental Licenses and in connection therewith making conforming amendments in Chapters 22 and 26, on second reading, and that it take effect on May 1, 2021, seconded by Councilmember Hutchinson, motion carried 8-0. Motion to amend by Councilmember Urban to the Ordinance to include a new subsection in Section 26, 645, d, 7, to read, “Short-Term Rentals located in any residential zone district shall be restricted to a minimum 2-night stay per individual reservation;” seconded by Councilmember Hoppe. Councilmembers discussed the history of this issue and why residents have different viewpoints on the ordinance as a whole and short-term rental limited to minimum 2-night stays. Councilmember Hultin spoke in opposition to the amendment because it restricts the ability of STR to book reservations. Councilmember Hoppe responded that there have been a number of different consensuses on the minimum stay, and her district residents are strongly in favor of the minimum stay restriction. Councilmember Urban posited that we should start with the 2-night minimum stay and then look at adjusting that and other provisions in 6 months to a year. Councilmember Hutchinson agrees with the two-night stay, based not only on her District residents’ desires but also as a matter of public safety. City Council Minutes February 22, 2021 page 11 Councilmember Nosler Beck opposes the minimum 2-night stay, because people need options for housing right now. Motion to amend passed 5-3, with Councilmembers Nosler Beck, Hultin and Dozeman voting no. Motion to the amend Section 11 – 506, subsection 1 and subsection 3 of the original motion by Councilmember Hultin to reinstate the initial city staff recommendation that the Ordinance is effective May 1, that the initial registration period extend for 90 days to August 1, 2021, and that the City begin collecting fees and lodging taxes on August 1, 2021 and that the limitations on the numbers of STR take effect November 1, 2021. Motion to Amend second by Councilmember Stites. A discussion ensued of the specific language in specific sections, subsections and paragraphs that will be impacted by this proposed Amendment. Following a short recess, City Attorney Dahl suggested that the Council agree on how the operational details Council wants to change and then write the language necessary to effectuate the proposal amendment. Following a detailed discussion and deliberation on the Council’s legislative intent and how to craft language in the ordinance. Mr. Dahl stated his suggested language for a proper motion: Motion to amend the main motion to direct the City Attorney and city staff to prepare revisions to the proposed Amendment to accomplish the following: 1. That both current STR operators and persons wishing to become STR operators must obtain an STR license and begin to collect lodgers’ tax on or before August 1, 2021. 2. In the event that such operators do not obtain a proper STR license before August 1, 2021, those operators will be subject to the enforcement provisions under Section 11 and as well shall not be permitted to apply for a license for one year following the date on which they were found to be operating improperly after August 1, 2021. 3. To the extent necessary, the City Treasurer is authorized to promulgate such rules and regulations as may be necessary to implement the changes put into effect by this ordinance. Motion by Councilmember Hultin (who withdrew her earlier amendment language) to direct staff to prepare the language for this Ordinance in line with Mr. Dahl’s recommended wording. Councilmember Stites renewed his second for this version of the motion to amend. Motion Amend passed 8-0. Council took up the original motion as amended twice. Main motion carried 8-0. City Council Minutes February 22, 2021 page 12 Note from City Clerk Kirkpatrick – to avoid any confusion, the final version of the STR Ordinance, in its entirety, as approved by Council and confirmed by our City Attorney Mr. Dahl, appears at the end of these minutes. ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 9:27 PM 4. Motion to approve appointments to Boards and Commissions As of March 2, 2021, the terms of twenty current Board and Commission members of the City of Wheat Ridge will expire. Included with that, two vacancies in the Parks and Recreation Commission District II and District IV, and the Cultural Commission District IV with one At Large position. These positions are to be filled or re-appointed Councilmember Weaver introduced the item Motion by Councilmember Hoppe, seconded by Councilmember Hutchinson, as Councilmembers from District I, to appoint to District I Dan Bradford to the Board of Adjustment, term ending March 2, 2024 Celia Daily to the Cultural Commission, term ending March 2, 2024 Jerry DiTullio to the Liquor Licensing Authority, term ending March 2, 2024 Kimberly Rollo to the Parks and Recreation Commission, term ending March 2, 2024 Ari Kirchiver to the Planning Commission, term ending March 2, 2024 Motion carried 8-0 Motion by Councilmember Urban, seconded by Councilmember Hultin, as Councilmembers from District II, to appoint to District II Meghan Schneckenburger to the Cultural Commission, term ending March 2, 2024 Juanita Stites to the Liquor Licensing Authority, term ending March 2, 2024 Karen Stanley to the Parks and Recreation, term ending March 2, 2024 (vacant) Motion carried 8-0. Motion by Motion by Councilmember Weaver, seconded by Councilmember Stites, as Councilmembers from District III, to appoint to District III Janet Bell to the Board of Adjustment, term ending March 2, 2024 Ron Avo to the Building Code Advisory Board, term ending March 2, 2024 Kim St. Martin to the Cultural Commission, term ending March 2, 2024 Edward Volk to the Liquor Licensing Authority, term ending March 2, 2024 Guy Nahmiach to the Parks and Recreation Commission, term ending March 2, 2024 Motion carried 8-0 City Council Minutes February 22, 2021 page 13 Motion by Councilmember Dozeman, seconded by Councilmember Nosler Beck, as Councilmembers from District IV, to appoint to District IV: Michael Griffith to the Board of Adjustment, term ending March 2, 2024 John Kello to the Building Code Advisory Board, term ending March 2, 2024 Maria Garcia to the Cultural Commission, term ending March 2, 2024 Michael Gay Betterton to the Liquor Licensing Authority, term ending March 2, 2024 Pat Servera to the Parks and Recreation Commission, term ending March 2, 2023 (vacant) Janet Leo to the Planning Commission, term ending March 2, 2024 Motion carried 8-0 Motion by Councilmember Hoppe, seconded by Councilmember Stites, to appoint: Nancy Diregani Alternate to the Cultural Commission, term ending March 2, 2024 Motion carried 8-0 5. Motion to approve the appointment of the District I seat to the Wheat Ridge Housing Authority Board Discussion began at approximately 9:24: PM Councilmember Hutchinson introduced the item. The members of the Wheat Ridge Housing Authority are appointed by the Mayor subject to approval by a majority of the entire City Council. The term for the District I seat, currently held by Cheyanne Kinghorn, expires March 2, 2021. Cheyanne Kinghorn has reapplied for term renewal and submitted a new application for this position. Mayor Starker is recommending that Cheyanne Kinghorn be re-appointed to the Housing Authority Board representing the District I seat. Motion by Councilmember Hutchinson, to ratify the Mayoral re-appointment of Cheyanne Kinghorn to the District I seat of the Wheat Ridge Housing Authority Board, term ending March 2, 2026, seconded by Councilmember Weaver, motion carried 8-0. 6. Motion to approve the appointment of the District IV seat to the Wheat Ridge Urban Renewal Authority Board Councilmember Dozeman introduced the item The members of Wheat Ridge Urban Renewal Authority (the “Authority”) are appointed by the Mayor subject to approval by a majority vote of the entire City Council. The term for the District IV seat, currently held by Chris Bird, expires on March 2, 2021. Mr. Bird has reapplied for term renewal and submitted a new application for this position. Mayor Starker is recommending that Chris Bird be re-appointed to the Authority Board, representing the District IV seat. City Council Minutes February 22, 2021 page 14 Motion by Councilmember Dozeman, to ratify the Mayoral re-appointment of Chris Bird to the District IV seat of the Wheat Ridge Urban Renewal Authority Board, term ending March 2, 2026, seconded by Councilmember Nosler Beck, motion carried 8-0. 7. Resolution 10-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $13,450 for short-term rental program management. Discussion began at approximately 9:35 PM Councilmember Hultin introduced the item City Council is considering an ordinance to license and regulate short-term rentals (STRs). Staff conducted a competitive solicitation process to select a vendor to manage a portion of the licensing, compliance and tax collection work. As this program had not been solidified at the time the 2021 budget was developed, fees in the amount of $13,450 for the selected vendor, LodgingRevs, have not been appropriated. Staff reports – nothing further except to answer Councilmembers’ questions. Prior action and financial impact where on a pricing table given, implementation costs will be $6,450 and monthly subscription fees will be $875 per month for the selected modules. Assuming the City will pay for eight months in 2021, the total budget supplemental required is $13,450. Staff recommends an annual STR license fee of $200. Due to the pandemic, it is prudent to conservatively project revenues, therefore staff recommends amending 2021 revenues for the same amount. Staff will monitor license and lodgers’ tax remittance to better inform the 2022 budget. At the November 2, 2020 study session, Council reached consensus that staff concurrently work on selecting a program management vendor while finalizing the STR ordinance. A staff team conducted a Request for Proposal (RFP) solicitation. Five firms provided proposals. Staff interviewed and participated in software demonstrations of four firms. After careful review and analysis, LodgingRevs was chosen as the vendor. Public Comment No one came forward to speak. Council Questions Councilmember Hultin asked questions about details with respect to how the vendor will provide its services, and specifically how the online complaint form will be employed and to what uses the data from those complaint forms will be put. Ms. Scheck summarized the vendors process and procedures, which include a separate module that the City may deploy if needed at a later date, that tracks properties that have a history of complaint tracking entries by complaint types. City Council Minutes February 22, 2021 page 15 Councilmember Nosler Beck reads that the vendor helps us gather data and process STRs. She wants to make sure that the data collected through vendor’s services will help us educate Council about the STR program. She asked how we will inform STR operators of their responsibilities and liabilities for taxes. Ms. Scheck replied that staff are creating a host guide to include best practices on the web page as a resource for both STR hosts and neighbors. We will use this data for many appropriate purposes, including extensive public and STR operator education. Motion by Councilmember Hultin to approve Resolution 10-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $13,450 for short-term rental program management, seconded by Councilmember Weaver, motion carried 8-0. 8. Resolution No. 11-2021 - A Resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $22,500 for the facilitation of the Race and Equity Task Force Discussion began at approximately 9:44 PM Councilmember Stites introduced the Resolution. In September 2020, City Council directed staff to develop a Race and Equity Task Force to review city policies and services that may contribute to discrimination. As part of that discussion, Council also provided direction for a professional facilitator to support the task force. Staff Presentation The facilitation will be led by Dr. Nita Mosby Tyler, who specializes in the development and delivery of leadership, equity, diversity, cultural responsiveness and inclusiveness training programs and strategies. Dr. Mosby Tyler will provide four months of facilitation services for the Race and Equity Task Force. Since the cost of the facilitation was not appropriated in the 2021 Budget, a budget supplemental is required to appropriate the designated funds of $22,500. Public Comment No one came forward to speak. Council Questions Councilmember Dozeman noted that the facilitation is covered for 4 months and asked how many sessions or hours of facilitation and preparation are covered. Ms. Shilling explained that all sessions are covered for the first four months, to include prep in advance of meeting and the actual meetings. City Council Minutes February 22, 2021 page 16 Motion by Councilmember Stites, to approve Resolution No. 11-2021, a resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $22,500 for the facilitation of the Race and Equity Task Force, seconded by Councilmember Hoppe, motion carried 8-0. CITY MANAGER’S MATTERS In the Wheat Ridge Speaks portal there was a question about the future of the Lutheran Legacy Campus. The citizen asked whether a developer has bought the property and is ready to begin work. That is not the case; we are still in the early stages of a lengthy process. The first stages will include and involve the neighborhood residents and other stakeholders with the interest in the future of the property. More information will follow in the Connections newsletter. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck thanked all who have worked so hard on the strategic planning retreat. She also commented that the Rocky Mountain Bottling Co. will soon send a notice to its neighbors concerning the milestones and details for constructing a sound dampening wall at the RMBC facility. She invited citizens to contact her and she will respond to their questions or attend meetings to discuss the project plan. Councilmember Dozeman echoed Councilmember Nosler Beck’s thanks for the work staff did on the retreat. She is also glad that STR has finally passed and now we have a plan and implementation procedures going forth. Councilmember Stites echoed his peers’ comments above and thanked everyone who applied for membership on the Boards and Commissions, including those who were not selected as well as those who have asked for a reappointment. Councilmember Weaver also echoed the foregoing comments. She also asked if the new, red button on the Wheat Ridge Speaks webpage indicates anything. Staff agreed to research that and get back to Council. Councilmember Hultin echoed her peers’ previous comments. The District II meetings have gone very well, and she thanked the participants. She has a .PDF document with notes and resources which she will happily share. She congratulated Mayor Starker for his work on our pedestrian and cycling lane efforts, that other mayors in Colorado noticed and applauded. She urged residents to communicate their experiences and questions with the STR going forward. Councilmember Urban also thanked everyone for their work during the retreat. He asked that a study session item be scheduled to discuss returning to in-person Council City Council Minutes February 22, 2021 page 17 meetings. He also asked about an email he received concerning reports to the State on our 2020 budget and carry-overs to the 2021 budget. Mr. Goff replied that there will be future discussions of this item and reports to Council. Councilmember Hutchinson also thinks we had a very productive meeting tonight and a good retreat. She thanked Danitza Sosa for her work on the retreat logistics. Thanks also to those who applied for seats on Boards and Commissions. Councilmember Hoppe thanked everyone for their hard work at the retreat and for bringing the STR to fruition. Mayor Starker thanked everyone for a great turnout and good work at the retreat. He also thanked our citizens who applied for seats on our Boards and Commissions. He thanked the speakers who came this evening to help us tonight. He thanked our residents for helping one another and take care when driving to watch for children on our streets. ADJOURNMENT The meeting adjourned at 10:04 pm. _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON March 8, 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. City Council Minutes February 22, 2021 page 18 Addendum Below is the full text of the Ordinance concerning STR that passed this evening and has been reviewed, edited per Council’s motion tonight and approved by Mr. Dahl. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 02 ORDINANCE NO. 1709 Series 2021 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO ADOPT A NEW ARTICLE XIV IN CHAPTER 11 ENTITLED SHORT-TERM RENTAL LICENSES AND IN CONNECTION THEREWITH MAKING CONFORMING AMENDMENTS IN CHAPTERS 22 AND 26 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 it is necessary to adopt regulations concerning the operation of short-term rental of residential dwelling units. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended to add a new Article XIV to read as follows: Article XIV – Short-Term Rental Licenses Sec. 11-500. - License required – license fees. No person shall operate a short-term rental, as defined in Section 26-123, without first having obtained a short-term rental business license. Sec. 11-501. - Taxes. Each short-term licensee shall collect and remit lodgers’ tax on all short-term rentals according to the provisions of chapter 22 of this Code and any regulations issued pursuant thereto. Sec. 11-502. - Application; fees. An application for a short-term rental business license shall only be submitted for an eligible property meeting the requirements of Sec. 26-645, as confirmed by the Community Development Director, and shall include the following: a. The name, address, telephone number, and email address of one emergency contact capable of physically responding to the property within sixty (60) minutes. b. A certification that the dwelling unit is equipped with an operational smoke detector, carbon monoxide detector, and fire extinguisher. c. A certification that adequate egress is in place per the requirements of the International Residential or Building Code, as applicable, from the dwelling unit and all sleeping quarters. d. A certification that the dwelling unit is not deed-restricted affordable City Council Minutes February 22, 2021 page 19 housing, income-restricted housing, age-restricted housing, and/or rent stabilized or rent-controlled housing. e. A certification that the property meets the parking requirements for the underlying zone district as defined in Sec. 26-501 or Sec. 26-1109, whichever applies, and Sec. 26-645. D.6. f. A certification that if approved, the licensee acknowledges the obligation to comply with the operational requirements of Section 11-503. g. Proof of ownership of the property. Only the legal owner of the property may apply for the short-term rental business license. A renter/tenant of a property may not apply for a license nor operate a short-term rental. h. A current certificate of property and liability insurance from a company licensed to provide such insurance in the State of Colorado. I. A description of the space on the property intended to be used as a short-term rental, including number of bedrooms, baths, kitchens, living areas, and whether the property will be owner-occupied or non-owner occupied. j. The applicable license fee if the license is approved. Sec. 11-503. - Operational requirements. 1. Notice to adjacent property owners. Within seven (7) days of issuance of a short-term rental business license, the short-term rental host, as defined in Sec. 26-123, shall notify adjacent property owners within one hundred (100) feet of the subject property with through a written notice by regular mail or personally delivered. The notice shall include the emergency contact information required by Section 11- 502.1.a. 2. Posting. A copy of the issued short-term rental business license and the emergency contact information shall be conspicuously posted on the subject property within the area rented for use as a short-term rental. 3. Non-Assignable. A short-term rental business license may not be transferred or assigned to any other party or any other property. A short-term rental business license does not transfer to a new property owner if a property with an approved short-term rental is sold. 4. Age Restriction. A short-term rental shall not be rented to a person under twenty-one (21) years of age. 5. Any advertisement for a short-term rental shall be subject to the following requirements: a. The license number as provided by the City shall be posted within the advertisement, including on any hosting platform. For the purposes of this subsection, a hosting platform shall mean a person or entity that facilitates reservations or payments between a short-term rental host and a person seeking lodging accommodations, including a website with short-term rental listings. b. Advertisements may not promote the use of cannabis or other controlled substances on the property. Sec. 11-504. Accountability. 1. A short-term rental host may not simultaneously rent a short-term rental to more than one group under separate contracts, bookings, or appointments. 2. The short-term rental shall be the legal responsibility of the legal owner(s) of the City Council Minutes February 22, 2021 page 20 subject property, and the short-term rental host shall agree to accept notice of violation either in person, upon posting upon the property, or by mailed notice. 3. The City shall maintain the right to conduct an inspection of the property at any time, upon proper notice, to determine compliance with this Article and Section 26-645. Sec. 11-505. – Renewal; Suspension; Revocation. 1. A short-term rental business license may be suspended, conditionally suspended, or revoked by the city treasurer pursuant to Section 11-32 for the reasons described in Section 11-31. A short-term rental business license may be cancelled at any time pursuant to Section 11-30, for the reasons listed in that section. In addition, a short-term rental business license may be modified, suspended, conditionally suspended, or revoked by the city treasurer if found in violation of this article and/or Section 26-645. 2. Renewal. All short-term rental business licenses shall be available for renewal, upon application for the same, on an annual basis. All renewal applications shall include updated emergency contact information, if applicable, and current liability insurance. At the time of renewal, the city treasurer shall consider any violations of this article at the property over the previous year, and any violations of the Wheat Ridge Code of Laws. A review of violations may also take place at any time at the City’s discretion. 3. Suspension; revocation. If the licensee is found to have been in violation of this article, Section 26-645 and/or any of the grounds listed in Section 11-31, the city treasurer may act to suspend or revoke the short-term rental business license. Sec. 11-506. – Failure to register. 1. All persons wishing to operate a short-term rental within the city on and after May 1, 2021 must apply for a short-term rental business license under this Article XIV. 2. On and after August 1, 2021, short-term rental hosts operating short-term rentals prior to August 1, 2021 must have applied for a short-term rental business license pursuant to this Article XIV. 3. On and after August 1, 2021, short-term rental hosts must collect lodger’s tax on such rentals pursuant to Code Section 22-100. 4. Persons operating a short-term rental within the city without the required short-term rental business license as of August 2, 2021 shall be subject to enforcement under this Chapter and as a municipal code violation under sections 1-5 and 1-6 of this Code. Such persons are not eligible to apply for a short-term rental business license for one (1) year following the date after August 2, 2021 upon which they are found to be operating a short-term rental without the required license. 5. The city treasurer is hereby authorized to adopt rules and regulations, if needed, to implement the requirements of this Section 11-506. Section 2. Section 22-21 of the Wheat Ridge Code of Laws, defining certain terms applicable to taxation, is hereby amended, as follows: Lodging services: The furnishing of rooms or accommodations by any person, partnership, association, corporation, estate, representative capacity or any other combination of individuals by whatever name known to a person who for a consideration uses, possesses or has the right to use or possess any room in a hotel, inn, bed and breakfast residence, apartment, hotel, lodging house, motor City Council Minutes February 22, 2021 page 21 hotel, guesthouse, short-term rental, guest ranch, trailer coach, mobile home, auto camp, or trailer court and park or similar establishment for a period of less than thirty (30) days under any concession, permit, right of access, license to use, or other agreement or otherwise. "Lodging services" does not include the furnishing of rooms or facilities for purposes other than personal accommodations such as banquets and receptions. Section 3. Section 22-100.a of the Wheat Ridge Code of Laws, pertaining to Lodgers’ Tax, is hereby amended, as follows: Tax imposed; conditions. There is hereby imposed an excise tax on the price paid or charged for the lease, rental or on the transaction of furnishing rooms or accommodations to any person who for a consideration uses, possesses or has the right to use or possess any room or rooms or other accommodations in any lodging services, as defined in Section 22-21 of the Wheat Ridge Code of Laws, hotel, apartment hotel, guesthouse, guest ranch, mobile home, auto camp, trailer, court or park, or any other place furnishing rooms or other accommodations under any concession, permit, right of access, license to use or other special agreement. Such tax on accommodations shall be subject to the following conditions: […] Section 4. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended, as follows: Hotel/motel. A building containing sixteen (16) or more transient guest rooms for transient occupancy in which lodging for compensation is provided, with or without meals, for a period of less than thirty (30) consecutive days. … Rooming/boarding. An accessory use to a dwelling, where in addition to a family, as defined herein, not more than two (2) persons not related to the family are provided lodging and meals for compensation, with or without meals, either paid directly or indirectly, and on a contract basis for not less than seven (7) thirty (30) days. … Short-term rental. A dwelling unit or portion thereof used for lodging accommodations for transient occupancy, for compensation, for a period of less than thirty (30) consecutive days. Short-term rental host. Any person, as defined in this section, as owner of a property, who offers or provides lodging in a short-term rental. Section 5. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Short-term rental See § 26- 645 City Council Minutes February 22, 2021 page 22 P P P P P P P P … Accessory Uses for Residential Zone Districts Notes Short-term rental See § 26-645 Section 6. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Uses Notes A-1 A-2 PF Short-term rental See § 26-645 P P … Agricultural and Public Facilities Districts Accessory Uses Notes Short-term rental See § 26-645. Section 7. The “Table of Uses - Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended as follows: Uses Notes NC RC C-1 C-2 I-E Short-term rental See § 26-645 P P P P … Commercial and Industrial District Accessory Uses Notes Short-term rental See § 26-645. Section 8. Section 26-608.B.4 of the Wheat Ridge Code of Laws, concerning supplementary regulations pertaining to Bed and Breakfast Rooms, is hereby amended by amending the section set forth therein as follows: Additional rooming and boarding are excluded as an accessory use where a bed and breakfast use has been approved is permitted. Section 9. Section 26-645 (Short-term rentals) is hereby added to Article VI, Supplementary Regulations: Sec. 26-645. – Short-term rentals Short-term rentals, as defined in Section 26-123, are subject to the following requirements: A. Licensing and Permitting Required. It shall be unlawful for any person, as defined in Section 26-123, to offer or provide lodging in the form of a short-term rental within the City without having first obtained a short-term rental business license pursuant to Chapter 11, Article XIV of the code. Only owners of the affected real property may obtain short-term rental licenses. B. Permitted locations: 1. Short-term rentals are permitted as primary or accessory uses in all residential, agricultural, commercial, and mixed-use zone districts, including planned development districts. 2. Short-term rentals are prohibited in industrial zone districts including planned industrial developments. C. Maximum number per short-term rental host: A short-term rental host, as defined in Section 26-123 (“short-term rental host”), may operate a short-term rental in up to one (1) dwelling unit not occupied by the host, and in up to one (1) dwelling City Council Minutes February 22, 2021 page 23 unit occupied by the host where a portion of the dwelling unit, such as a room or rooms, functions as a short-term rental, so long as the host continuously resides in the dwelling unit through the duration of the rental. This maximum shall apply to all types of dwelling units in all zone districts, except for the following: 1. Apartments and mixed-use developments: A short-term rental host, as the owner of an apartment or mixed-use development in the Mixed Use – Neighborhood (MU-N), Mixed Use – Commercial (MU-C) series, and Commercial-One (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For apartment and mixed-use developments with greater than forty (40) dwelling units in these zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four already permitted by this section. For the purposes of this subsection, an apartment or mixed-use development shall mean one or multiple contiguous properties under one ownership with one or more multifamily or mixed-use buildings. 2. Condominium developments: For condominium developments (those which have a recorded condominium plat allowing for individually owned dwelling units) in any zone district, each individual dwelling unit owner is eligible, as a short-term rental host, to operate a short-term rental as provided by subsection C of this section, provided that the maximum number of such rentals allowed by subsection C.1 is not exceeded in the development. D. Requirements: 1. A short-term rental owner must obtain a short-term rental license pursuant to Chapter 11, Article XIV. 2. A short-term rental must be located within a legal dwelling unit as defined in Section 26-123. 3. The building or portion of building used as a short-term rental shall continuously meet the standards of all applicable International Residential and Building codes adopted or amended by the City of Wheat Ridge as set forth in Chapter 5 of the Code of Laws. 4. Short-term rentals are prohibited in temporary structures and buildings or structures without a residential certificate of occupancy, including but not limited to recreational vehicles, sheds, tents, and campers. 5. Short-term rentals are prohibited in deed-restricted affordable housing, income-restricted housing, age-restricted housing, and rent-stabilized or rent controlled housing. A short-term rental host shall be required to attest to compliance with this provision as part of the registration process. 6. If the property does not meet the minimum parking requirements in Section 26-501 for the zone district in which it is located, one (1) additional parking space per short-term rental is required to be installed prior to approval of a short-term rental license. A short-term rental host shall be required to attest to compliance with the parking requirements as part of the registration process. 7. Short-term rentals located in any residential zone district shall be restricted to a minimum two-night stay, per individual reservation. E. Maximum number of short-term rentals per City Council district: City Council Minutes February 22, 2021 page 24 1. There shall be a limit on total number of non-owner-occupied short-term rentals that are licensed in each city council district. The limit per council district shall be established by the community development director on an annual basis and shall be calculated as two (2) percent of the total number of units within single- and two-family dwellings in each district (single-family attached townhomes units shall be included in the total number of units). This restriction shall not apply to owner-occupied short-term rentals and shall not apply to short-term rentals in non-residential and non-agricultural zone districts, including Mixed Use districts and Commercial zone districts. 2. If the maximum number for any district is reached, any subsequent application shall be placed on a waiting list until such time that the total number of short-term rentals in that district falls under the maximum number allowed. Section 10. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by inserting new rows concerning short-term rentals as follows: Permitted Uses Use Group MU-C MU-C Int MU-C TOD MU-N Residential Short-term rental (see § 26-645) P P P P Ancillary Uses Short-term rental (see § 26-645) P P P P Section 11. 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 12. Effective Dates; Compliance Required. This Ordinance shall take effect on May 1, 2021, as provided by Section 5.11 of the Charter, with the exception of Section 26-645.E which shall take effect on November 1, 2021. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of February 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 22, 2021 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 22nd day of February 2021. SIGNED by the Mayor on this 22nd day of February 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: February 11, 2021 Second Publication: February 25, 2021 City Council Minutes February 22, 2021 page 25 Jeffco Transcript Effective Date: May 1, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting March 1, 2021 Mayor Bud Starker called the Study Session to order at 6:32 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Zach Urban, Amanda Weaver, Judy Hutchinson, Korey Stites, Rachel Hultin, Leah Dozeman, Valerie Nosler Beck, Janeece Hoppe. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; Treasurer, Chris Miller; Chief of Police, Chris Murtha; Division Chief, Jim Lorentz; Director of Administration, Allison Scheck; Assistant to the City Manager, Marianne Schilling; other guests and interested citizens. Citizen’s Right to Speak No one came forward to speak on Zoom or via telephone. 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, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this Council session. 1. Draft 2021 Resident survey Discussion began at 6:34 pm, approximately :0 minutes into the recording of the session. 2 Issue The survey is the seventh iteration of the City’s biannual survey. The most recent resident survey was conducted in 2018. Similar to the previous survey, the city is conducting the survey earlier than in years past to have results by early June. The 2020 survey was postponed due to COVID, and the 2021 survey reflects updates that have taken place since the 2020 survey was finalized. Staff reports Ms. Schilling described the survey as the City’s consumer report card and that the purpose of the survey is as follows: • To assess resident satisfaction with community characteristics and amenities • To evaluate Wheat Ridge local government and employees • To further understand the resident’s priorities regarding government services in Wheat Ridge She also reported that Boulder-based National Research Center (NRC) (now the research arm of Polco, an online civic engagement platform) administers the survey. A postcard and pre-survey notification letter will be sent in March to 4,500 randomly selected households throughout the City. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: • The access to the questionnaire • The introduction to the questions • Items deleted from the draft approved last year and new ones inserted. • The ordering of the items in the survey questionnaire. Councilmember Hoppe proposed a consensus to move the survey forward. Consensus achieved. 2. Lodging Facility Licensing Program Discussion began at 6:43 pm, approximately :0 minutes into the session. Issue Communities across the country, particularly those that contain a major interstate highway, find that their police departments and city services employ a disproportionate amount of resources dealing with budget motels within their jurisdiction. The City of Wheat Ridge certainly faces this issue. Wheat Ridge has nine motels in its jurisdiction with a total of 972 rooms. Resident calls for service (CFS) at these nine motels account for 7.5% of the total CFS in the entire city of 14,616 households and 4,194 businesses 3 Staff reports Chief Chris Murtha gave an overview of the issues related to the crime and disturbances near I-70 and Kipling St. Division Chief Jim Lorentz presented data on Police calls for service (CFS) at budget motels include unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, domestic violence, assaults, motor vehicle thefts, and the list goes on. With the rise of COVID-19 in 2020, the City of Wheat Ridge has had a marked increase in crime. With jail restrictions due to COVID and other proposed jail population management tools, arrest warrants have not been executed, and people who commit crimes are issued summonses rather than taken to jail. With courts not in session, the system is extremely backlogged and since warrants are not enforced, people are unlikely to appear on summons. In general, the principles for effective strategies in lowering CFS at budget motels, as studied by the Center for Problem Oriented Policing, involve: 1) Extra police patrol and enforcement. While increased patrol and enforcement have a role in crime prevention, trying to “arrest” away the problem tends to be ineffective over time and is reactive in nature rather than proactive. 2) Enlisting community support to address the problem, i.e., changing the way motels do business requires support of elected officials, government agencies, and the community at large. 3) Obtaining cooperation from motel owners and managers, i.e., Crime Free Multi-Housing Program consisting of management training, Crime Prevention Through Environmental Design (CPTED), and Community Awareness Training. 4) Establishing and enforcing minimum functionality and security standards, i.e., City of Wheat Ridge Hotel/Motel Inspections Program. 5) Adopting Extended Stay Lodging Regulations, i.e., motels that allow extended stay options without regulation tend to have more CFS, crime and disorder. This strategy has been discussed by Community Development Director Ken Johnstone in his Staff Report dated June 11, 2019. 6) Adopting Lodging Facility Licensing, i.e., based on a CFS per room (CSF/room) ratio allowing for a standardized comparison of problem levels across motels of different sizes. This strategy is based on a model adopted by the City of Lakewood. Chief Lorentz describes the City’s efforts in line with the first four approaches enumerated above. His suggestion is that we look at ordinances that deploy methods 5 and 6. 4 Staff believes that adopting a lodging facility licensing program would help in lowering police CFS at budget motels. Staff requests for council direction/approval to bring forward an ordinance for first reading. Councilmembers had questions and comments: • Councilmembers asked detailed questions about several topics, including how to address these issues without hardening our relationship with businesses in that area. • Do we have information/data about how nearby cities handle this problem? • We need to implement a strategy that simultaneously helps our current business owners, does not punish motels unfairly and avoid discouraging good businesses to locate in Wheat Ridge while addressing this complex issue. • How will the proposed actions here, especially the increase in lodging license fees, dovetail or conflict with our recent work on STR regulation? Mr. Dahl opined that the STR is a separate regulatory scheme and we need to specify that STR are not part of whatever strategies, ordinances or regulations put in place for hotels and motels. Councilmember Hoppe proposed a consensus to bring forward proposed ordinance language to bring forward to a future Study Session. Consensus achieved. 3. Liquor Occupation Tax Waiver Discussion began at 7:31 pm, approximately 1: hours into the session. Issue To help local businesses weather the economic impacts of the COVID-19 pandemic, City Council requested that the City Clerk’s Office look into options for waiving and/or refunding revenues due the City related to liquor. These fees include liquor license renewal fees and liquor occupation tax (LOT). After researching state statutes regarding liquor license renewal fees, the recommended waiver program applies only to LOT. Staff reports City Clerk Steve Kirkpatrick updated councilmembers on the program, the waiver application process and documentation that would need to be provided to process and approve these waivers. Discussion included: • Ongoing Impact of Coronavirus on Restaurants and Bars • Not to include Liquor license fees in the waiver program • Liquor Occupation taxes (LOT) Staff recommends that for the year of 2021, City Council reach consensus to waive the Liquor Occupation Taxes that have been collected by the license holders that have 5 qualified for the program. Those qualifying must hold the required LOT classes of F, G, or T. As this is a waiver of taxes and if consensus is reached, Council action will be necessary at the March 8, 2021 meeting Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: • Councilmembers • Councilmembers agreed • Councilmembers agreed Councilmember Urban proposed a consensus to direct staff to bring forward a resolution to relieve on-premises consumption licensees who have experienced a 20% or more reduction in revenue year over year 2019/2020 (or if opening in 2020, 20% reductions from projected revenues in 2020) Consensus achieved. 4. Staff Report(s) This item began at approximately 7:45 p.m. Ms. Scheck recalled that Jefferson County moved up to the Blue level on the Colorado CoVid Dial, the second most desirable rating. However, the Jefferson County Health Department, the Colorado Department of Public Health and Environment and the CDC all caution us that we cannot relent in our efforts to wear masks, watch social distance and wash our hands frequently. We are at constant risk of moving back down the Dial to level Yellow, something we all agree we need to avoid. 5. Elected Officials’ Report City Clerk Kirkpatrick reported that Jefferson County Health has announced that they will stand up a webpage on their website by the end of this week that will allow citizens to see where vaccine appointments are available anywhere across Colorado. People will no longer need to register on multiple sites to get on the wait list. Clerk Kirkpatrick also noted that we will present a proclamation at next Monday’s Council meeting supporting Women’s History Month in March. The organizers of the Month chose purple as their color, and he suggested that we all wear something purple to the Council Meeting next Monday, March 8, in support of that cause. Councilmember Hutchinson warned us that there are coyotes at large in the city. The Mayor thanked all who participated and watched or called in to listen. Take care on one another. ADJOURNMENT The Study Session adjourned at 7:51 p.m. APPROVED BY CITY COUNCIL ON March 8, 2021 6 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: 1a DATE: March 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT OF 2021 VEHICLE REPLACEMENTS AND THE PURCHASE AND PAYMENT FOR INSTALLATION OF LIGHTING, AND AUXILIARY EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $479,235. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Public Works Director City Manager ISSUE: Staff recommends the purchase of the following vehicles under the State of Colorado Price and CDOT Price Agreements: 1. Three (3) 2021 Ford Police Interceptor Utility Vehicles $ 40,000/ea. 2. One (1) 2021 Altec LR8-58RM 4x2 Bucket Truck $ 159,677/ea. 3. One (1) 2021 Ford F-250 w/ utility bed & plow $ 48,263/ea. 4. One (1) 2021 4x2 International Single Axle Cab & Chassis $ 88,595/ea. Total Cost: $416,535 Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement vehicles along with the installation of lighting, markings, communication, emergency and snow and ice control equipment. The estimated cost of auxiliary equipment, markings, decals and miscellaneous items for police patrol vehicles is $61,000. The estimated cost for miscellaneous upfit items for the Parks and Recreation department vehicles is $1,700. The estimated cost of auxiliary snow and ice removal equipment, lighting, hydraulics and miscellaneous items to outfit the single cab and chassis truck is $102,000 and is to be a Council Action – Approve 2021 Vehicle Replacements March 8, 2021 Page 2 separate purchase approval. The total cost of all the auxiliary equipment, decals, marking and miscellaneous equipment requested at this time, is not to exceed $62,700. PRIOR ACTION: None. FINANCIAL IMPACT: The funds for these purchases are budgeted in the 2021 Public Works Department General Fund Budget, Account Number 01-303-800-807, Fleet Replacement. The combined total budget for the cost of all vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscellaneous equipment is $479,235. BACKGROUND: The Council approved City vehicle and replacement policy is utilized to determine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive down-time of equipment, parts or service no longer available, poor utilization, updated legal considerations, etc. This year, five existing vehicles in the fleet are programmed for replacement, and one vehicle to be an addition to the fleet. RECOMMENDATIONS: The vendor source and purchase price of vehicles and equipment is through the State of Colorado, Colorado Department of Transportation, and Sourcewell purchasing contracts which allows the City to attain the vehicles and equipment at the best price and in accordance with bid/purchasing requirements. Staff recommends the purchase of the following vehicles this year: 1. Three (3) new model year 2021, mid-size, all-wheel drive, Ford Police Patrol Utility Interceptor vehicles will be purchased from Sill-Terhar Motors, Inc. of Broomfield, Colorado, to replace three (3) existing, high mileage Police Patrol marked sedans, units 52, 55 and 84 in the Patrol division of the Police department. (State of CO, Agreement #142084) 2. One (1) new model year 2021, Altec LR8-58RM 4x2 Bucket Truck vehicle will be purchased from Altec Industries. of Aurora, Colorado, to be a new fleet addition to the Forestry Division of the Parks and Recreation Department. (Sourcewell) 3. One (1) new model year 2022, Ford F-250 with a utility bed and a snow plow will be purchased from Korf Continental, of Yuma, Colorado, to replace one (1) existing, high mileage pickup, unit 311 in the Parks Maintenance division of the Parks and Recreation Department. (State of Colorado, Agreement #148608) Council Action – Approve 2021 Vehicle Replacements March 8, 2021 Page 3 4. One (1) new model year 2021 International HV507 4x2 single axle cab and chassis will be purchased from McCandless Truck Center, LLC of Aurora, Colorado to replace one (1) existing, high mileage 1999 International 4900 4x2 single axle cab and chassis, unit 249, in the Operations division of the Public Works department. (CDOT) All of the vehicles being replaced will be disposed of by public auction. RECOMMENDED MOTION: “I move to approve the purchase and payment of 2021 vehicle replacements and the purchase and payment for installation of lighting, and auxiliary equipment in a total amount not to exceed $479,235.” Or, “I move to deny the approval of the purchase and payment of 2021 vehicle replacements and the purchase and payment for installation of lighting, and auxiliary equipment in a total amount not to exceed $479,235 for the following reason(s): ______________________________.” REPORT PREPARED/REVIEWED BY: Bill Tocco, Lead Fleet Mechanic Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. State of Colorado and CDOT Price Agreements 2. Sourcewell Contract #012418-ALT for Altec Industries, Inc. Agreement 3. Vehicle Price Specifications ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ITEM NO: 1b DATE: March, 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND THE BAYOU DITCH CONTRACT TO APPROVE ADDITIONAL COSTS EXCEEDING CONTRACT AND CONTINGENCY IN THE AMOUNT OF $13,250.59, AND APPROVE A REVISED CONTINGENCY OF $11,749.41 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Director of Parks & Recreation City Manager ISSUE: When the City started the RFP process for the Bayou Ditch project, staff were cautious due to the potential for unforeseen issues. Therefore, a large contingency in the original Council approval process was included. Unfortunately, the construction phase has uncovered an issue regarding the headwall structure. This issue has resulted in a change order that is larger than the contingency set aside for this project. Because the change order represents more than 10% of the project budget, City Council approval is required. Due to the timing of this project, and the emergent need due to the impending water flow through the ditch, staff have instructed the contractor to proceed and are therefore requesting approval after-the-fact. PRIOR ACTION: Council motioned to award a contract and approve subsequent payment to Meridiam Partners, LLC of Denver, CO, in the amount of $78,151 for the Bayou Ditch: Pipe Replacement under Clear Creek Trail and Headgate Replacement project, and approved a contingency in the amount of $21,849. Council Action Form – Bayou Ditch Project Amendment March 8, 2021 Page 2 FINANCIAL IMPACT: Meridiam Partners submitted a change order (CO) in the amount of $35,100 to remove and rebuild the structure. The scope of this work (CO) will increase the overall project budget by $13,250.59. In addition, this change order will exhaust all of the original contingency. An additional contingency of $11,749.41 is being requested to cover increased engineering costs and smaller unforeseen incidentals. The total being requested is in the amount of $25,000. These funds have already been set aside in Fund 32 (Open Space) and a supplemental appropriation is not necessary. As these funds will be pulled from the trail maintenance and repair line, at worst, this will have a minor impact on planned trail projects. At best, it will have no impact should the City receive grant funds through the Jefferson County Open Space Local Partnership Program for the trail & open space components associated Wadsworth Widening Project. BACKGROUND: The headwall structure is a concrete wall that is designed to hold the headgate (the “valve” that allows water to enter the ditch) and connects to the pipeline that travels underneath the trail. Replacement of this structure was outside the scope of the original plan and cost estimate. These conditions could not have been discovered beforehand and only presented themselves during the survey for excavation. RECOMMENDATIONS: Parks, Forestry, and Open Space staff recommend the motion to increase the total Project Budget by $25,000; to include the increase in contractual obligations of $13,250.59 and a smaller contingency of $11,749.41. Delay in this work is not recommended as time is limited before the spring runoff in Clear Creek. If the water level rises before work can be completed, the project will be delayed until late fall of 2021. This delay could potentially increase project costs further and would require additional contract amendments. RECOMMENDED MOTION: “I move to approve the amendment to the Bayou Ditch contract to approve additional costs exceeding contract and contingency in the amount of $13,250.59, and approve a revised contingency of $11,749.41.” Or, “I move to deny the amendment to the Bayou Ditch contract to approve additional costs exceeding contract and contingency in the amount of $13,250.59, and approve a revised contingency of $11,749.41.” Council Action Form – Bayou Ditch Project Amendment March 8, 2021 Page 3 REPORT PREPARED/REVIEWED BY: Zachary Lovato, Manager of Parks, Forestry & Open Space Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Change Order Submittal 2. Generic Headwall Example, for illustration purposes only (not actual Bayou Ditch Structure). Actual structure is not completely visible. ATTACHMENT 1 Generic Headwall and Headgate Structure (for illustration purposes only) ATTACHMENT 2 ITEM NO: 1c DATE: March 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $62,000 FOR THE PURCHASE AND PAYMENT OF A POLICE DEPARTMENT VEHICLE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Public Works Director City Manager ISSUE: Unit 56, a 2017 Ford Police Interceptor SUV in the Patrol division of the Police department incurred non-repairable damage from an accident on December 19, 2020. Funding for the purchase of this vehicle requires an additional appropriation from General Fund reserves. A Ford Police Interceptor SUV is available from Sill TerHar Ford of Broomfield, Colorado through the Colorado State Price Agreement. The state bid price for this vehicle with options is $40,000. Outfitting this vehicle for police use is estimated at $22,000, bringing the total cost of this vehicle to $62,000. PRIOR ACTION: None FINANCIAL IMPACT: Funding for the purchase of the new police patrol SUV, unit 56 including emergency equipment and markings exceeds the current fleet replacement budget, requiring an additional appropriation from the General Fund reserves in the amount of $62,000. The City anticipates a total payment of $16,496 from CIRSA, the City’s insurance carrier ($16,100 payment for the salvage of the Council Action – Replacement of Vehicle March 8, 2021 Page 2 vehicle and $396 for the decommissioning of the existing vehicle and recommissioning of the new vehicle). BACKGROUND: Police Patrol unit 56, incurred non-repairable damage from an accident on December 19, 2020. Staff requests the purchase of one 2021 Ford Police Interceptor to be used by the Patrol division of the Police department. A supplemental budget appropriation of $62,000 is required for the unscheduled purchase of the police Interceptor, with options and police equipment upfits and markings RECOMMENDATIONS: Staff recommends that Council approve the supplemental budget appropriation for the purchase of a replacement vehicle. RECOMMENDED MOTION: “I move to approve Resolution No. 13-2021, a resolution amending the fiscal year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $62,000 for the purchase and payment of a Police department vehicle.” Or, “I move to table indefinitely Resolution No. 13-2021, a resolution amending the fiscal year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $62,000 for the purchase and payment of a Police department vehicle for the following reason(s) _____________.” REPORT PREPARED/REVIEWED BY: Greg Knudson, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 13-2021 2. State of Colorado Price Agreement 3. Vehicle price specification CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2021 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $62,000 FOR THE PURCHASE AND PAYMENT OF A POLICE DEPARTMENT VEHICLE WHEREAS, Police department Unit 56 incurred non-repairable mechanical damage in December 2020; and WHEREAS, the City Council wishes to replace Police department Unit 56; and WHEREAS, the 2021 Public Works Operations Fleet Replacement budget does not include funding for replacement of Unit 56. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. A transfer of $62,000 is hereby approved from General Fund undesignated reserves to account 01-303-800-807 and 2021 General Fund revenues will be amended accordingly. DONE AND RESOLVED this 8th Day of March 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 11/9/2020 https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceA… https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceAwd.nsf&docu…1/2 Agreement #: 142084 State of Colorado Price Agreement Classification:PERMISSIVE Status:Current Duration of Agreement: Period Covered:Options: Oct 15, 2019 To Sep 30, 2021 Option to Renew for 0 More Year(s) Category: Vehicles Commodity Code:07000 Commodity Description:Vehicles Department of Personnel and Administration State Purchasing Office 1525 Sherman St., 3rd Floor Denver, CO 80203 Amy Risley at (303) 866-5663 email: amy.risley@state.co.us Ordering/Contact Information Small Business:No Minority Owned:No Woman Owned:No Company:Sill-Terhar Motors Inc Doing Business As: Contact:Jon Hansen Contact Email:jhansen@sthmotors.com Order Number:(303) 469-1801 Toll Free/Cell Number: Fax:(720) 284-0791 Payment Terms: Address:150 Alter St F.O.B.: City, State, ZIP:Broomfield, CO 80038 Delivery: Quote Email:jhansen@sthmotors.com How To Order/Agreement Prices Please find executed contract and amendments attached. Please find executed contract, amendments and detail sheets attached. Vehicle price agreements are complete. Price agreement has been extended until September 30, 2021. Not all of the vehicles are extended. Please review files for details or reach out to Amy Risley or Jon Hansen. Files:application/pdf 1,322 KB AAEA - Sill-TerHar Motors Inc - 142084 - SPA.pdf application/vnd.openxmlformats-officedocument.spreadsheetml.sheet 37 KB 2020 Model Year - Police Award 10 21 19.xlsx application/pdf 97 KB AAEA - Sill-TerHar Motors - 142084 - A1.pdf application/pdf 110 KB AAEA Sill-TerHar Motors Inc - 148376 - A2.pdf application/pdf 91 KB AAEA-Sill-TerHar Motors-148618-A3.pdf application/pdf 1,257 KB AAEA-Sill-TerHar Motors Inc-162491-A4.pdf Contract Status:-select- Vendor Insurance Certificate Expiration Dates Workers' Comp:General Liability:Other Insurance:Other Insurance Description: Jun 1, 2020 Not applicable Not applicable Files:application/pdf 98 KB Sill TerHar 2019 2020 COI.pdf Additional Attachments Files:application/pdf 575 KB Sill-TerHar F6 Ford F-150 Police Responder Rev 1.pdf application/pdf 223 KB Sill-TerHar - Pass Util Hybrid KH Ford Escape.pdf application/pdf 466 KB Sill TerHar F2 4X4 Ford F150 Revised 2.pdf application/pdf 657 KB Sill-TerHar K7 Ford Expedition Rev 2021.pdf application/pdf 648 KB Sill-TerHar K8 Ford Interceptor Utility Rev 2021.pdf application/pdf 405 KB Sill TerHar C4 Maxi Van FORD Transit 350 Rev 2021.pdf application/pdf 1,052 KB Sill TerHar C2 Cargo Van half ton FORD Transit 150 Rev 2021.pdf application/pdf 423 KB Sill TerHar C3 Cargo Van three quarter Ton FORD Transit 250 Rev 2021.pdf application/pdf 220 KB Sill-TerHar - Pass Util Hybrid KH Ford Escape Rev 2021.pdf ATTACHMENT 2 11/9/2020 https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceA… https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceAwd.nsf&docu…2/2 Conditions Of Agreement This Agreement results from the following solicitation: Number: Files: (See attached file: Sill-TerHar F6 Ford F-150 Police Responder Rev 1.pdf) (See attached file: Sill-TerHar - Pass Util Hybrid KH Ford Escape.pdf) (See attached file: Sill TerHar F2 4X4 Ford F150 Revised 2.pdf)(See attached file: Sill-TerHar K7 Ford Expedition Rev 2021.pdf)(See attached file: Sill-TerHar K8 Ford Interceptor Utility Rev 2021.pdf)(See attached file: Sill TerHar C4 Maxi Van FORD Transit 350 Rev 2021.pdf)(Seeattached file: Sill TerHar C2 Cargo Van half ton FORD Transit 150 Rev 2021.pdf)(See attached file: Sill TerHar C3 Cargo Van three quarter Ton FORD Transit 250 Rev 2021.pdf)(See attached file: Sill-TerHar - Pass Util Hybrid KH Ford Escape Rev 2021.pdf) Amendments: Amendment Number: Amendment Effective On: Reason For Amendment: Amendment History: ATTACHMENT 3 CITY OF WHEAT RIDGE Specifications for One (3) Unmarked Police Department Utility Police Interceptor All-Wheel Drive (Units 52, 55, & 84) January 03, 2021 BASED ON 2021 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2021 Ford Patrol AWD Interceptor Utility: $44,250 Standard Specifications OEM Body #: K8A Trim Level: PI Utility OEM Code: 500A Interior/Color/Code: Cloth Front & Vinyl Rear/Charcoal Black/96 Bluetooth Interface (SYNC) 4-User Configurable Latching Switches Base Body Exterior Color/Code: Agate Black/UM Fuel Type: Unleaded Gasoline Add Factory Option(s) 43D Dark car feature-Courtesy Lamp Disable $ 25.00 17T Dome Lamp-Red/White In Cargo Area $ 50.00 92G Glass-Solar Tint 2nd only, Privacy Glass $ 85.00 68G Rear Door Controls Inoperable $ 75.00 59E Keyed Alike – 1435x $ 50.00 90E Ballistic Door Panels-Driver & Passenger Front Doors $ 3170.00 55B BLIS-Blind Spot Monitoring with Cross Traffic Alert $ 545.00 76R Reverse Sensing (Sonar with Chime) $ 275.00 60R Noise Suppression Bonds $ 100.00 66A Front Headlight Lighting Solution-Utility $ 915.00 76D Protector Deflector Plate-Utility $ 335.00 51T Spot Lamp- Driver- Whelen $ 420.00 61B OBD-II Split Connector $ 55.00 87R Rear Camera in Rear View Mirror no charge Total Price of Factory Options: $ 6100.00 Delete Factory Option(s) 99C 3.3L V6 Direct Injection Engine <$ -3,350.00> 758 Complete #810 Package <$ -7,000.00> Total Price of Vehicle Only with Selected Factory Options: $40,000 CITY OF WHEAT RIDGE Specifications for One (1) Unmarked Police Department Utility Police Interceptor All-Wheel Drive (Units 56) February 15, 2021 BASED ON 2021 STATE OF COLORADO PRICE AGREEMENT #142084 Base vehicle as bid: 2021 Ford Patrol AWD Interceptor Utility: $44,250 Standard Specifications OEM Body #: K8A Trim Level: PI Utility OEM Code: 500A Interior/Color/Code: Cloth Front & Vinyl Rear/Charcoal Black/96 Bluetooth Interface (SYNC) 4-User Configurable Latching Switches Base Body Exterior Color/Code: Agate Black/UM Fuel Type: Unleaded Gasoline Add Factory Option(s) 43D Dark car feature-Courtesy Lamp Disable $ 25.00 17T Dome Lamp-Red/White In Cargo Area $ 50.00 92G Glass-Solar Tint 2nd only, Privacy Glass $ 85.00 68G Rear Door Controls Inoperable $ 75.00 59E Keyed Alike – 1435x $ 50.00 90E Ballistic Door Panels-Driver & Passenger Front Doors $ 3170.00 55B BLIS-Blind Spot Monitoring with Cross Traffic Alert $ 545.00 76R Reverse Sensing (Sonar with Chime) $ 275.00 60R Noise Suppression Bonds $ 100.00 66A Front Headlight Lighting Solution-Utility $ 915.00 76D Protector Deflector Plate-Utility $ 335.00 51T Spot Lamp- Driver- Whelen $ 420.00 61B OBD-II Split Connector $ 55.00 87R Rear Camera in Rear View Mirror no charge Total Price of Factory Options: $ 6100.00 Delete Factory Option(s) 99C 3.3L V6 Direct Injection Engine <$ -3,350.00> 758 Complete #810 Package <$ -7,000.00> Total Price of Vehicle Only with Selected Factory Options: $40,000 ITEM NO: 2 DATE: March 8, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 12-2021 – A RESOLUTION APPROVING A WAIVER OF THE LIQUOR OCCUPATION TAX FOR CALENDAR YEAR 2021 FOR CERTAIN ELIGIBLE BUSINESSES WITHIN THE CITY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: To help local businesses weather the economic impacts of the COVID-19 pandemic, City Council requested that the City Clerk’s Office develop a program to waive and/or refund revenues due the City through Liquor Occupation Tax (LOT). PRIOR ACTION: At City Council Study Sessions held on both February 1, 2021, and March 1, 2021 consensus was attained directing staff to bring forward to Council appropriate action(s) that would put into effect: • A LOT tax waiver • All businesses that have Liquor Licenses for “on-premises” sales will be eligible • Those licensees experiencing a loss of gross revenue of 20% or greater over the year before based on City sales tax returns, for business that were in operation for a year or more prior to March 2020. • For businesses that began operations during the pandemic (operating for less than one year as of March 2020) and are experiencing a loss of gross revenue of 20% or greater compared to projections of sales made prior to opening • Waiver is for the 2021 calendar year only • Business must apply to the City Clerk’s office for the waiver Council Action Form – LOT Waiver Program March 8, 2021 Page 2 And that the program is as follows: 1. Businesses will be encouraged to apply by filling out a simple form on the City’s website by April 30, 2021 2. Applicants will confirm their revenue loss in 2020 over 2019 or will be asked to provide initial projections if they opened in 2020. Losses in 2020 over 2019 will be verified by Finance Division staff 3. Applicants will upload ACH (automated clearing house – electronic payment authorization) and W9 forms if they are due a refund for LOT already paid. This is the same method that was used to distribute funds to stability grant recipients effectively. FINANCIAL IMPACT: Forty-two businesses are eligible to apply for the tax waiver program based on the type of liquor license they hold. The potential lost LOT revenue in 2021 is $36,000. However, it is unlikely that all 42 businesses qualify due to 2020 gross sales or will apply. BACKGROUND: Liquor Occupation taxes Pursuant to Sec. 11.63 and 11.64 of the Wheat Ridge Code of Laws, businesses that sell at retail any fermented malt beverage (beer) or vinous or spirituous liquor, other than medicinal liquors, are levied and assessed for each year, an annual occupation tax upon the business of selling alcohol beverages. RECOMMENDATIONS: Staff recommends approval of the 2021 LOT waiver program. RECOMMENDED MOTION: “I move to approve Resolution No. 12-2021, a resolution approving a waiver of the Liquor Occupation Tax for calendar year 2021 for certain eligible businesses within the City.” Or, “I move to postpone indefinitely Resolution No. 12-2021, a resolution approving a waiver of the Liquor Occupation Tax for calendar year 2021 for certain eligible businesses within the City, for the following reason(s)______________________.” REPORT PREPARED AND REVIEWED BY: Steve Kirkpatrick, City Clerk Robin Eaton, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 12-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2021 TITLE: A RESOLUTION APPROVING A WAIVER OF THE LIQUOR OCCUPATION TAX FOR CALENDAR YEAR 2021 FOR CERTAIN ELIGIBLE BUSINESSES WITHIN THE CITY WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by its electors and governed by its City Council; and WHEREAS, the City Council is authorized to enact regulations for the regulation of businesses and taxation of the same; and WHEREAS, in the exercise of this authority City Council has adopted Division 2 of Article II of Chapter 11 of the Wheat Ridge Code of Laws, imposing an occupation tax on the business of selling at retail alcohol beverages by the drink only for consumption on the premises; and WHEREAS, City Council finds the impact of the COVID-19 pandemic has been and continues to be particularly severe upon businesses which rely for their existence on in-person transactions; and WHEREAS, this impact has been felt particularly severely upon alcohol beverage licensees for on-premise consumption; and WHEREAS, the City Council further finds that retail businesses within the City are a critical component of the City’s economic and social life and its revenue base, dependent as the City is on retail sales taxes for its general fund revenues and for the economic health of the City in general; and WHEREAS, the City Council finds that a temporary one-year waiver of the occupation tax for eligible on-premise liquor licensees furthers the public interest by supporting these critical local businesses. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Liquor occupation tax waived; conditions. The liquor occupation tax imposed by Section 11–63 for liquor licensees for on- premise consumption is hereby waived for the 2021 calendar year, under the following terms and conditions: 1. Only licensed businesses possessing valid liquor licenses for on-premise consumption are eligible. 2. Eligible businesses must also have experienced a loss of gross revenue of 20% or greater during the year 2020 as compared with year 2019 based upon City sales tax returns. For businesses which began operations during the year 2020, and thus operating for less than one year as of March 2021, such businesses are eligible for this occupation tax waiver if they experience a loss of revenue of 20% or greater compared to projections of sales made prior to opening the business. 3. The term of the waiver approved under this Resolution is for the 2021 calendar year only. 4. Businesses must make application to the office of the City Clerk for the waiver, and the City Clerk is authorized and directed to apply the foregoing conditions in determining whether the waiver shall be approved or denied. 5. To the extent an eligible business which is approved for a waiver has already paid the occupation tax for the calendar year 2021, the City Treasurer is authorized and directed to make appropriate arrangements for refund of the amount of that tax to such business. 6. The City Clerk and the City Treasurer, in cooperation with the office of the City Manager, are authorized and directed to promulgate such rules and procedures as necessary to implement the tax waiver program approved hereby. Section 2. Effective date. This Resolution shall be effective upon approval by the City Council and electronic signature by the Mayor. DONE AND RESOLVED this 8th day of March 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk