Loading...
HomeMy WebLinkAboutVirtual City Council Meeting Agenda 04-26-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 26, 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 April 26, 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: 985 3212 3187 and Passcode: 374495 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 Arbor Day Municipal Clerk’s Week Public Service Week Mental Health Month Asian/Pacific American Heritage Month CITY COUNCIL AGENDA: April 26, 2021 Page -2- APPROVAL OF MINUTES Study Session Notes of April 5, 2021; City Council minutes of April 12, 2021 and Study Session Notes of April 19, 2021. 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 payment to Bank of Oklahoma for 2021 principal and interest payments in the amount of $3,497,100 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A b. Resolution No. 17-2021 - a resolution designating the Municipal Building main entrance as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for City publications in 2021 c. Resolution No. 18-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $31,845 and the addition of one full time employee for the licensing technician d. Motion to approve the appointment of Councilmember Amanda Weaver to the City of Wheat Ridge Seizure and Forfeiture Committee PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution No. 19-2021 - a resolution amending the 2021 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $516,100 for the purpose of the Prospect Park Phase II project 3. Resolution No. 20-2021 - a Resolution approving a Memorandum of Understanding between Porchlight, a Family Justice Center and the City of Wheat Ridge CITY COUNCIL AGENDA: April 26, 2021 Page -3- CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT PROCLAMATION ARBOR DAY & TREE CITY U.S.A. APRIL 30, 2021 WHEREAS, trees have always been regarded as an important asset to the residents of the community of Wheat Ridge, providing one of the first business opportunities in the 1860's; and WHEREAS, trees continue to be respected as an important part of the quality of life to the community members of the City of Wheat Ridge and visitors, enhancing property values and community spirit; and WHEREAS, our mature trees are suffering from the devastation of environmental stresses including insect and disease, winter drought and severe temperatures; and WHEREAS, residents, businesses, green industry, elected officials and staff continue to work together to maintain and provide for tree covered streets, parks and properties as part of a comprehensive Community Forestry program; and WHEREAS, the City of Wheat Ridge has been awarded “Tree City U.S.A.” by the National Arbor Day Foundation. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare Friday, April 30, 2021 as CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION Encouraging community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. IN WITNESS WHEREOF, on this 26th day of April 2021. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION MUNICIPAL CLERKS WEEK MAY 2 - 8, 2021 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants and provides the professional link between the community members, the local governing bodies, and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the duties of the Municipal Clerk are many including serving as the official record keeper for the municipality, issuing licenses and permits, facilitating the annual board of review and municipal redistricting project, attending meetings, and serving as a community resource; and WHEREAS, Municipal Clerks continue to strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do recognize the week of May 2-8, 2021, as MUNICIPAL CLERKS WEEK and further extend appreciation to our Municipal Clerk, Steve Kirkpatrick and Deputy City Clerk, Robin Eaton, and all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, on this 26th day of April 2021. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION PUBLIC SERVICE RECOGNITION WEEK MAY 2 – 8, 2021 WHEREAS, Americans are served every day by public servants at the federal, state, county, and city levels, who make life better for us all; and WHEREAS, public employees and volunteers make great contributions to their communities by serving in areas such as health, education, crime prevention, fire protection, and conservation; and WHEREAS, the employees of the City of Wheat Ridge are committed to exhibiting the highest standards of excellence, dedication, creativity, and skills; and WHEREAS, the dedicated employees and volunteers of Wheat Ridge are an integral part of improving the quality of life in our City by being responsive to the needs of residents and businesses, and by supporting City services, thus making Wheat Ridge a special place to live, work and play; and WHEREAS, the effectiveness and efficiency of government depends in large measure on public employees and volunteers whose task is to provide outstanding customer service on a daily basis; and WHEREAS, the City of Wheat Ridge recognizes the dedication and talents of its employees and volunteers, as well as the importance of the services they render at all levels of government. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of May 2-8, 2021 as PUBLIC SERVICE RECOGNITION WEEK In the City of Wheat Ridge and I call upon all members of the community and civic organizations to acquaint themselves with the issues involved in providing our public services and to recognize the contributions that public service employees and officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, on this 26th day of April 2021. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION MENTAL HEALTH MONTH - MAY 2021 WHEREAS, good mental health is essential to the overall health and emotional wellbeing of all children, youth, adults, and families; and promotes a healthy community; and WHEREAS, one in five people in our communities experience a mental health condition each year; and WHEREAS, 8.1% of individuals in our communities experience substance use disorder each year; and WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders among children and adolescents through screening and early intervention helps improve lives; and WHEREAS, the stigma against mental health conditions and substance use disorders prevents many people from accessing care; and WHEREAS, when mental health problems and substance use disorders are detected early and treated, people can recover and maintain a healthy and independent life; and WHEREAS, the City of Wheat Ridge is dedicated to improving the health and wellbeing of its residents by ending stigma and focusing on the integrated role of mental health in all our lives. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim May 2021, as MENTAL HEALTH MONTH and call upon all residents, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all community members, and making mental health a priority. IN WITNESS WHEREOF, on this 26th day of April 2021. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION ASIAN/PACIFIC AMERICAN HERITAGE MONTH MAY 2021 WHEREAS, Asian/Pacific American Heritage Month is a month to celebrate and pay tribute to the contributions of generations of Asian/Pacific Americans to American history, society, and culture; and WHEREAS, on March 28, 1979, President Carter issued Proclamation 4650, the first presidential proclamation, for Asian/Pacific American Heritage Week recognizing the significant role Asian/Pacific Americans have played in the creation of a dynamic and pluralistic American society with their contributions to the sciences, arts, industry, government, and commerce; and WHEREAS, the month of May was chosen to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869 whose tracks were mostly laid by Chinese immigrants; and WHEREAS, generations of Asian/Pacific Americans of all backgrounds have been inspirational examples of leaders and trailblazers and have a longstanding history of making significant cultural, economic and scientific contributions across the United States; and WHEREAS, we are disturbed and alarmed by the severity and frequency of hate crimes and race-based harassment against Asians and the Asian Pacific Islander communities and we will not tolerate any forms of racism against Asians and Asian Americans in our community. NOW THEREFORE BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge formally designate the month of May 2021, as ASIAN/PACIFIC AMERICAN HERITAGE MONTH and encourages everyone to commemorate this important occasion in recognition of the numerous contributions made by the Asian American and Pacific Islander communities locally, nationally, and globally. IN WITNESS WHEREOF, on this 26th day of April 2021. Bud Starker, Mayor Steve Kirkpatrick, City Clerk 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting April 5, 2021 Mayor Bud Starker called the Study Session to order at 6:30 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 Manager, Patrick Goff; City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; Chief of Police, Chris Murtha; Director of Administration, Allison Scheck; Director of Community Development, Ken Johnstone; Senior Neighborhood Planner, Jeff Hirt, and Ashley Holland, Neighborhood Engagement Specialist; other guests and interested citizens. Citizen’s Right to Speak Mo Keller, 4325 Iris St., WR called to discuss the Noise Ordinance. She was impressed with the process of creating the ordinance. She opposes any more than 6 Amplified Sound Event Permits (ASEP). In her view, there are a number of businesses along 38th Ave that could hold 6 ASEP events yearly, resulting in 18-24 such events in the same neighborhoods. Steve Keller, 4325 Iris St., WR also supported the permit system and the limit of 6 ASEP per year. It is a good balance between business needs and the ability of the residents to enjoy their homes in peace and quiet. The reasonable limit of 6 ASEP per anum is adequate and should not be changed. A business does not have a right to disturb our neighborhood so many times a year. The City should not adopt a decibel limit instead of the ASEP, because there would ensue constant arguments over which decibel meter to use, who is exceeding the dB limit and how. Aaron McCallister, owner of the T-Bird Roadhouse on 44th Avenue. His business has encountered may incidents with the Kellers and others in that neighborhood. He and his business have complied with every visit from Wheat Ridge Police, and we have never seen a noise level above 75 dB at the Kellers property line; typically, we measure 65 dB at most. This past Saturday we did $4000 in business; with a third band we could have done half again as much business. We enjoy a lot of support from others on that 2 block, including businesses and residents. We have collected 125 signatures from our neighbors who support allowing us to hold more than 6 live band events per year. We need these events for our business. Laura Jenkins, 9715 W. 43rd Ave., WR. Thanked the Mayor and Council for the thoughtful work done on this issue. For me personally, the noise problem has persisted since 2011. Having to live next door to loud sounds, whether a band or industrial operation, disturbs, “the peace within my home when I am just trying to read a book.” She is not opposed to the T-Bird having live bands, but she opposes the sound level she experiences at present. Your survey of WR residents is not reliable because you have no way to verify whether the signatories live nearby or even in the City. To a certain extent, the Council may have to let businesses fail and see them replaced with a better neighbor. She supports the current noise ordinance. Catherine Grant, 3881 Estes St., called to say we have really enjoyed the Roadhouse and have enjoyed the music while sitting outside. She enjoys getting together with her neighbors. She is delighted that the Roadhouse has done so well and hopes they can continue to prosper. We like their music and the opportunity to enjoy it with our neighbors and friends. She opposes the earlier speaker’s assertion that sometimes a business must be allowed to fail. Lindi Mills, 7105 W. 35th and a neighbor from 3490 Teller St. Called to agree with the pervious speaker’s comments, in the paragraph above. Chris (surname inaudible) 4020 Everett St., called to discuss the Bel Aire neighborhood meeting. He would like to include flagged lots in the discussion of the future of the neighborhood. 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). The following appeared in Wheat Ridge Speaks for this Council session. Last fall, our neighborhood rejoiced in the City Council's updated Noise Ordinance. It promised to rescue us from the loud music from the T-Bird Roadhouse intruding into our lives every weekend. Now, we are under threat again. Please hold the line on 6 permits! Anything more would be detrimental to our quality of life in Wheat Ridge. I have yet to hear any arguments that suggest continuous amplified sound events enhance the surrounding 3 community! Instead, we debate what would be "acceptable damage"! Changes to the noise ordinance would only enhance the pockets of business owners. People speaking in favor of this do not live in close proximity to these businesses. They can leave when they want. We cannot. Please keep our concerns under consideration when discussing this topic. Thank you! 04/05/2021 9:07 am Kathryn Emmack 4310 Iris Street Wheat Ridge, 80033 PUBLIC COMMENT Re: NOISE ORDINANCE, CITY OF WHEAT RIDGE April 5, 2021 Study Session I am concerned about Council's plans to re-examine the Wheat Ridge noise ordinance, passed in 2020, that places certain restrictions on electronically amplified music (both recorded and live), played outside various venues, such as bars, restaurants and other social gathering places. I live at 7060 West 39th Avenue, one block north of West 38th Avenue, and within three blocks of four existing bars and restaurants, as well as one planned brew pub not yet open, and the "Green" on 38th, which is slated to be developed into an entertain- ment/activity center by the City of Wheat Ridge, and will include a stage and sound equipment. If each of these bars, restaurants and entertainment areas is granted 6 permits per year allowing amplified music outdoors on weekends, my neighborhood will be host to at least 24 evenings of amplified music per year--almost a full month. And that's only if the outside entertainment is limited to the six warmest months of the year. Several years ago, during a Ridge Fest celebration, my neighbors and I spent an entire afternoon listening to a polka band (amplified) performing on the "Green" and a blue grass band, (also amplified), performing near 38th and Reed Street. Lest you think I'm an "old fogey" let me explain that I am part of the generation that came of age at the same time technology allowed electric amplification. I love blue grass as much as anyone--young or old--and, having grown up in Wisconsin, I have experienced a variety of polka bands. However, never have I experienced both at the same time in some sort of weird "battle of the bands." Since this ordinance passed after the beginning of the pandemic lock down, I'm curious about what economic basis the various bars are using to back up their statements regarding loss of revenue. Last year was unique in that bars and restaurants were able to open only for limited numbers of patrons, and no doubt the majority experienced a loss of revenue. Before Council modifies its ordinance, I'd like to know what other cities in the metro Denver area do in regard to permitting outdoor amplified music by bars and restaurants (and other non-public entities) within their jurisdictions. Thank you, Kathy Havens 04/04/2021 6:15 pm Kathryn Havens 7060 West 39th Ave Wheat Ridge, 80033 From Michael Hult, submitted by Steve Keller Dear Mayor and Council Members, For 30 years I have lived in a house located on Iris St., just south of the Dairy Queen and about 200 ft southwest of a bar at 44th Ave. and Independence St. During the period from 2011 through late 2020, during the fair-weather months, I suffered from frequent and obnoxiously loud noise from live bands playing outdoors on the bar’s patio. During 2020 the bands often played on Saturday and Sunday afternoons and evenings. The noise inside my home, even with the doors and windows closed, was unbearable. During spring and summer of 2020 several attempts by myself and neighbors to negotiate with the bar manager were snubbed. As a result, it was necessary to make several noise disturbance complaints to the WRPD. 4 The new 2020 noise ordinance, with a six-permit-per-year limit on outdoor amplified sound events, has been a lifesaver for my situation. Now I can look forward to being at peace in my home without being assaulted by excessive noise every weekend. The City Council should definitely retain the six-permit limit for the sake of keeping this neighborhood a desirable place to live. Best regards, Michael Hult 4365 Iris St. Wheat Ridge 04/04/2021 11:10 am Stephen M. Keller 4325 Iris St. Wheat Ridge, 80033 Dear Council Members, Thank you very much for your deliberations and considerations in your adoption of the new city noise ordinance designed in Dec. of 2019 and adopted in Aug. 2020. Having attended both meetings, I am impressed with the time and thought you gave in fairly writing a noise ordinance that creates a balance between the homeowners in your districts and the businesses providing outdoor amplified music, either bands or sound systems. Sound systems often continue until midnight, but in our case, the nearby business is planning using the sound system until at 2am. I feel we should let the current noise ordinance move forward this year and not amend the number of permits. We are not even giving this new ordinance a chance to be implemented as designed. It is worth noting that in the city survey 73% of the respondents stated they do not live near a loud music venue, meaning they do not have firsthand knowledge of the effects of unwanted noise intrusion into their homes. We do. Moe Keller 04/03/2021 2:29 pm Moe Keller 4325 Iris St. Wheat Ridge, 80033 Public Comment on the Noise Ordinance: Wheat Ridge City Council Study Session, April 5, 2021 From Moe and Steve Keller, April 2, 2021 Background Our neighborhood is on Iris St. and Iris Ct. immediately south of 44th Ave. On weekend afternoons and evenings, from spring through fall over most of the last ten years, we and our neighbors (five households in all) suffered persistent and obnoxiously loud noise from frequent outdoor live amplified music events put on by a business at 44th Ave. and Independence St. The live music could be heard in our front and back yards and within our homes even with the doors and windows closed. Also, during summer 2020 an outdoor sound system was in use at this business for several nights per week and could be heard in our own home until as late as 10:00 PM. This frequent noise burden was distracting and distressing and was more than a neighborhood should have to tolerate. The noise deprived us of the peace we previously knew and also impaired the enjoyment of our property. The noise was the subject of numerous complaints from the neighborhood to the Wheat Ridge Police Department (WRPD) over the years. During the period from 2011 through late 2020 the WRPD was hesitant to cite the above business for disturbing the peace, because the old version of the Wheat Ridge noise ordinance was unclear in defining the nature of a noise disturbance. This situation changed in August 2020 when the City Council adopted a revised ordinance that now places outdoor amplified sound events (live or sound system) under a permit system. Permits now are unambiguously limited to six events per year for a given location. The City Council chose the number of six permits after careful deliberation, including public input, that began in December 2019 and concluded in 5 August 2020. The six permit limit allows us to have peace during most weekends of spring through fall, instead of being assaulted by excessive noise every weekend. We do not want to regress to what we had before the revised ordinance was passed. Arguments for Retaining the Permit System and the Present Number of Permits: Our neighborhood, and other neighborhoods that might in the future be within hearing distance of outdoor amplified sound events, now have some protection from noise being imposed upon them against their will. The limit of six events per year is very reasonable. It allows businesses and residences an opportunity to occasionally have outdoor loud live music or sound systems, while it protects nearby residents from the obnoxious frequency of such events. We emphatically endorse retaining the existing permit system and its limit of six permits. The present ordinance could allow (for example) one event per month from late spring into early fall, at a given location. Six permits are tolerable but more than six should not be allowed, because outdoor loud live music events or sound systems, where the originating locations adjoin or lie or within residential neighborhoods, should be the exception and not the rule. A business model of frequent events is a poor fit where the business adjoins a residential neighborhood. Such a model forces neighborhoods to give up too much of their peace and quiet. (We point out that the present ordinance applies only to outdoor amplified sound events and does not limit indoor events.) We understand that certain Wheat Ridge businesses believe that six permits per year is too low a number, that this restriction may deprive them of revenue, and that the present ordinance should be compromised by increasing the number of permits. We strongly disagree with this view for two important reasons. First, a business does not have an inherent right to impose unwanted noise on an adjacent neighborhood such that the quality of life nearby is degraded and the livability of the neighborhood is threatened. “My rights end where they infringe upon your rights” is an established American principle. Second, a compromise already has been reached in that the six permits are allowed. With six permits a neighborhood is already giving up six days per year of the peace and quiet it previously enjoyed. More than this should not be taken away. Contrary to the implications in some comments in the What’s Up Wheat Ridge noise survey, businesses were not “ambushed” by the 2020 noise ordinance. A business should perform due diligence with a municipality before undertaking a program of frequent, loud outdoor live music events. Even with six permits per year per location a multiplier effect could occur. If two or more businesses relatively close together on a given length of commercial street each begin to have six outdoor, loud live music events per year, it is probable that some nearby neighborhoods would experience many more than six events per year. This would certainly not make such neighborhoods more desirable and would detract from the quality of life that Wheat Ridge residents have come to enjoy. We ask the City Council to value the peace and livability of our Wheat Ridge neighborhoods as the noise ordinance is deliberated. 04/02/2021 4:13 pm Stephen M. Keller 4325 Iris St. Wheat Ridge, 80033 End of comments entered into WR Speaks for this meeting. 1. Let’s Talk Neighborhood Engagement Program update Discussion began at 6:53 pm, Approx. :23 minutes into the recording of the session. Issue The Let’s Talk Resident Engagement Program stems from the 2019 Neighborhood Revitalization Strategy (NRS) Update. The purpose of this study session agenda item is to: 1. Share detailed reports from the recently completed Bel Aire and East Wheat Ridge resident engagement “blitzes”; 6 2. Share staff’s proposed 2021 action items to respond to Bel Aire and East Wheat Ridge resident input; and 3. Provide an update to City Council on the Let’s Talk Program following completion of the first two neighborhoods Staff reports Mr. Johnstone gave an overview of progress and thanked Mr. Hirt and Ms. Holland for their hard and productive work. Mr. Hirt described the program and then recapped prior Council actions and discussions on this issue, among them the primary recommend-dations from the 2019 NRS that focused neighborhood engagement. He also reported on outputs from neighborhood engagement sessions from October 2020 to February 2021. The City heard from over 600 Bel Aire and East Wheat Ridge residents during that engagement “blitz”, despite COVID-19 constraints. By comparison, the 2019 NRS Update was a citywide effort and was considered (correctly so) to have had extensive and successful engagement with about 1,000 residents participating over the course of about a year with support from a 26-member resident committee. Mr. Hirt gave a detailed report supported with a slide presentation. The next two neighborhood engagement meetings with be in Leppla Manor and Applewood, during May to September 2021. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: • Several Councilmembers thanked the staff for their hard work and their presentation tonight. • Raising the issue of flag lots is a good outcome of this engagement process. Are there other issues raised in your report that were not included in previous reports, such as the 2019 NRS? Staff gave a detailed answer. The Notes appendix in the reports gives a complete list of discussions and topics of interest to residents. • Flag lots have come up in Planning Commission during the past few years. How might Council think about flag lots generally, when there are so many uniquely sized and shaped lots labeled “flag lots.” Staff gave a technical and historical review. • The listening and engagement in small groups during the neighborhood engagement meetings have been a very valuable outcome. • Please, give us clarification on how you prioritize and compare issues raised by residents, for example with the traffic enforcement vs. the 35th Ave bike lane. Staff answered that they balance the frequency of a comment with the history of an issue and how neighboring cities handle a particular issue or project. Mr. Johnstone commented that there are a number of projects in the planning stages for the 2022 budget cycle for Council to consider and evaluate. • If we are going to budget for a traffic management project, we should look not only at the impact on one block but also adjacent streets. • What have we heard about a desire for City-wide refuse removal? 7 • How does this intersect with the City Council Strategic Planning Retreat outputs? Staff referred to the Council packet and how it treats this question, including specific examples. • How do we meld the priorities developed at the Strategic Retreat and neighborhood engagement sessions? Mr. Goff gave description of staff’s plan to bring these issues to Council so it can make informed decisions. • As we look at other parts of the City, other neighborhoods, does it make sense to wait until we have more feedback from other neighborhoods? Staff answered that some issues will clearly merit attention when raised in a particular neighborhood while others may impact the whole City or several neighborhoods. • Thanks also to our residents for their time and input. We need to communicate to our residents that some issues are very neighborhood specific and others are of less interest in a specific neighborhood. We need to emphasize that Council looks at both local issues and Citywide issues. • How does staff feel about the degree of engagement, the numbers of residents participating? What else can we do that will increase participation? Staff reviewed the methods and resources used and how they fostered citizen participation and contributions to the information collected. • This program is very important to building an infrastructure for two-way communication between Council, government staff and our residents. • Moving forward, we need to continue developing a virtual platform for citizens to participate in meetings when they cannot attend in person, either Council sessions or other meetings especially boards and commissions. • Have citizens expressed concerns that this process just puts a good face on citizen input, but the eventual outcomes are already determined? Staff answered that they had heard very few comments in that vein, or in terms of residents feeling that they did not have a chance to give input. Staff also reported that they do follow-up communications with those who participate in neighborhood engagement activities. Staff will also continue to communicate going forward. • As we collect data from more and more neighborhoods, and begin to take actions, how can we manage expectations among our residents as this process yields more data and we plan more and more actions going forward? 2. Review of noise ordinance Discussion began at 8:00 pm, approximately 1:30 hours into the session. Issue City Council approved Ordinance 1697 on August 24, 2020, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws concerning the regulation of noise. The Ordinance, among other things, established a permit process which allows up to six outdoor amplified sound events for the same location in a twelve-month period. Councilmembers Dozeman and Nosler-Beck requested this agenda item to review the 8 permit process established in this Ordinance and to recommend potential amendments to such process to address concerns raised by a Wheat Ridge business. Staff reports City Manager Patrick Goff gave an overview of prior instances when city council had taken action on the noise enforcement issues: 2005 (repealed, replaced ordinance), 2012 (ordinance postponed indefinitely), 2019 (consensus), 2020 (approved ordinance), 2021 (ordinance extending effective date). He also gave background and information from the Acoustical Society, the recent noise ordinance survey results, the residents responses, and business/employee responses. Mr. Goff also listed some staff recommendations on actions Council might take, including: • Make no change to the current ordinance. • Change the number of Amplified Sound Event Permits allowed per year • Create a new special event process that also regulates amplified sound • Special Use Permits that Council would issue on a case by case basis Ms. Scheck recounted the results of an informal, non-scientific survey that collected 199 residents’ comments. She addressed the reasons why we can nonetheless attend to patterns in the survey data and how it can inform this discussion. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: • Councilmembers Dozeman and Nosler Beck asked to add this item to this Study Session agenda, and they started the discussion. They recounted the feedback they have received from businesses and residents. The two Councilmembers initiated this discussion to review the experiences residents and businesses brought to their attention, based on the first 8 months of implementing the Noise Ordinance (1697). • In addition to a discussion of the permitting, can we address some of the confusion that resulted from the initial rollout of the Ordinance last year. For instance, how do we determine what is a “reasonable noise level.” • Councilmembers stated that the Amplified Event Sound Permit (ASEP) should be the focus of this discussion tonight, as that is the issue about which we have adequate data vs., for example, the industrial noise levels. • How did we arrive at a limit of 6 ASEP per location per year? It was a consensus reached during a prior Study Session. • What is the Special Use Permit (SUP) process? What is a SUP? How would we implement that process? Essentially it is based on a series of criteria that would 9 need to be written and a discussion among the neighbors and the applicant business. • We must focus on a city-wide solution, not just a solution for one business or one neighborhood. • Council voted 8-0 to pass this ordinance. People do have a right to a quiet neighborhood. Businesses do have a right to operate as good neighbors. What new approach can we consider that has not been discussed repeatedly for several years? What is the difference between an ASEP and a SUP permit? Mr. Goff gave a detailed answer describing the two kinds of permits. • We need to consider neighborhoods and specific businesses and their operating models as we look at the tactics we will use going forward. • Do SUP’s attach to the applicant (a person) or a location/business (specific place). Staff gave a specific answer, including a discussion of who would issue, enforce and revisit SUP by Council if violations occur. • Staff explained that Special Use Permits are ongoing understandings reached with a specific business vs. ASEP which address a specific date and place. • Councilmembers had detailed questions about the provisions and definitions in the current Noise Ordinance, which Mr. Goff and Mr. Dahl answered. Councilmember Hoppe proposed a consensus to bring forward an action or actions to Council that will: 1. Explore an SUP process for 8 or more outdoor sound events in a 12-month period, keeping the current ASEP process for up to 8 events per year. 2. Repeal the current requirement that businesses notify the neighborhood with flyers and posted notices on the business premises. 3. Change the number of ASEP issued to any one business from 6 events during a rolling 12-month period to 8 events per calendar year. 4. Bring forward the police department’s recommendations for specific clarifications and definitions in the Noise Ordinance, including a more specific definition of “reasonable noise, and adding a definition of a new term, “avoidable noise.” 5. Remove the words “prima facia” from Sec. 16-103 b. 6. Amend Sec. 16-103 d, to state, “No person shall conduct an Amplified Sound Event in a manner which exceeds the levels specified in Sec. 16-103 b, without first obtaining a permit to do so. An outdoor Amplified Sound Event on private property is permitted under this Section under the following conditions: …” 7. Add a provision to the Ordinance that “The City Council may cancel, revoke, or suspend a business license of any business for violations of this Ordinance pursuant to Sec. 32-11.” 10 8. Include a provision in any new proposed ordinance to make a smooth transition from the current administration of Ord. 1697 to whatever new ordinance may pass. Consensus attained. 3. Staff Report(s) This item began at approximately 9:36 p.m. Nothing this evening. 4. Elected Officials’ Report City Clerk Kirkpatrick announced the opening of boards and commission seats for the Liquor License Authority board, Board of Adjustment, and Cultural Commission. Applications and more information can be found on the city website. Councilmember Nosler Beck thanked staff and Council for their hard work tonight. Councilmember Hoppe and I are hosting a town hall on April 13 at 6:00 PM on lessons learned during the pandemic. The meeting will be on a virtual platform with a number of leaders at the City and County levels, including County Treasurer Jerry DiTullio, County Health Department Director Dr. Comstock and Susan Miller from Jeffco Schools. Interested citizens may email questions for discussion to either Councilmember Nosler Beck or Councilmember Weaver. Councilmember Hultin thanked the staff for hosting the Wadsworth District Meeting, where a lot of good questions arose. Saturday April 17, 9:30 AM is her next District Meeting, which will soon appear on the City Calendar. Councilmember Weaver and I have been working to obtain a grant to improve sustainability programming, and this week we were awarded a grant to foster more local food production. She thanked the staff for their had work on this grant application. The Mayor thanked the staff for their hard work on tonight’s agenda items, and those residents who called to express their views tonight He will host a virtual coffee with the Mayor this Saturday at 9 AM virtually. Drug Take-back Day is scheduled for April 24th from 10 AM to 2 PM at Lutheran Medical Center, on 38th Avenue. The mayor wished a happy 100th birthday to Ms. Ira Muriel Frank in District I. ADJOURNMENT The Study Session adjourned at 9:39 p.m. APPROVED BY CITY COUNCIL ON April 12, 2021 11 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 12, 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: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone; Police Chief Chris Murtha; Division Chief, Jim Lorentz; Assistant to City Manager, Marianne Schilling; Economic Development Manager, Steve Art, Candice Cooledge, Porchlight Family Justice Center; Jennifer Kemps, Ralston House; Cin Chapman, Victim Outreach, Inc.; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Mayor Starker read a proclamation April as Child Abuse Prevention Month where every child deserves to grow up in a safe, nurturing environment, free from harm and fear. All children do not receive appropriate care; in fact, too many children become victims at the hands of abusive perpetrators, and it is up to us as a community to tirelessly work to end it through awareness and action. Jennifer Kemp of Ralston House graciously acknowledged the proclamation. Mayor Starker read a proclamation April as Sexual Assault Awareness Month every day, women, men, and children across Colorado suffer the pain and trauma of sexual assault; and this crime occurs far too frequently, goes unreported far too often, and leaves long lasting physical and emotional scars. City Council Minutes April 12, 2021 page 2 Ms. Cooledge described the extent of the sexual assault problem and thanked the City for this proclamation. She described how Porchlight can and does help sexual assault and abuse survivors. Mayor Starker proclaimed the week of April 18-24 as National Crime Victims’ Rights Week. Stating the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels that established essential rights for victims; and he rights of crime victims are best protected when all participants in the criminal justice process- not only victims-are appropriately educated about victims' rights. He reaffirmed this City’s commitment to creating a victim service and criminal justice response that assists all victims of crime, and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice and peace. Ms. Chapman acknowledged the proclamation and thanked the Mayor and City for highlighting victim advocacy and support. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of March 22, 2021 and Study Session Notes of March 15, 2021 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:13 PM. Deann Thurman, 4690 Independence St., called to express her concerns about the I-70 and Kipling area. There are too many property crimes, too much violence, too much trash which presents a terrible image of Wheat Ridge. “We who live near that area feel forgotten and overlooked and we are fed up!” Guy Nahmiach, 3650 Ward Road, called to thank the City staff and officials who came to an event at Right Coast Pizza that raised $500 for the WR High School post- graduation job search skills training. The next event will be on May 5th. Jerry DiTullio, 32nd. and Newland, called to highlight the cumulative weather damage to trees in the City over the past decades. He applauded efforts to raise the issue of tree health and propagation in the City, also known as Tree City USA. He supports an effort to create a grant program for residents and businesses to help remove dead, dangerous trees and plant new ones. He reviewed the details of the proposed program and encouraged Council to take up this issue and fund the proposed program. Carmen Choice 10795 55th Ave in Arvada, called to urge the City to address the problems highlighted by the earlier speaker on the area near I-70 and Kipling. She City Council Minutes April 12, 2021 page 3 discussed her recent interactions with Councilmember Dozeman and the WR PD and was very grateful for both. She asked that the Mayor and Council address the problem soon and urgently. 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). The following comments appeared in Wheat Ridge Speaks for this Council session. End of comments entered into Wheat Ridge Speaks. CONSENT AGENDA There were no items for the consent agenda. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:25 PM 1. Council Bill No. 04-2021 - an ordinance of the City Council of the City of Wheat Ridge, Colorado, amending Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, with the addition of new Article XV regulating tobacco product retail licenses and conforming changes in connection therewith. Councilmember Hultin introduced Council Bill 04-2021. Tobacco and youth vaping continue to be on the rise in Wheat Ridge and Jefferson County. The City of Wheat Ridge does not currently regulate its tobacco retailers. The purpose of this ordinance is to create licensing regulations for tobacco retailers. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1710. Staff report by Marianne Schilling, Assistant to the City Manager, presented an overview of previous actions and described the direction from council. Here explaining the City Council Minutes April 12, 2021 page 4 process involving a multi-department collaboration between City staff, the City Attorney, along with research and coordination from JCPH Ms. Schilling also stated that Council may want to discuss the ordinance effective date. The effective date of July 1, 2021 was chosen by Council in November 2020 to align with the State’s planned implementation date. However, at this time the State Department of Revenue has announced a pause in rulemaking and license fee collection due to the pandemic. Council may consider moving forward with the July 1, 2021 implementation date or waiting to learn more about the State’s plans to move forward. If approved, staff will refine the internal processes for review and approval of tobacco retail licenses. The proposed ordinance effective date of July 1, 2021 allows staff time to prepare for the initial notice and registration period to include a comprehensive outreach program to local Wheat Ridge businesses. Public Comment The Mayor reviewed the procedures for public comment. Jesse Jennett, 125 S. Hoyt St. Lakewood. Called to advocate for regulation of tobacco access to minors. She has worked on this issue for many years, as a high school and college student. She decried the accessibility of tobacco products, including vaping, by our youth and urged passage of this proposed ordinance. She provided anecdotal stories from tobacco users who began the habit during their adolescence, often starting with vaping devices, and now regret it. Lynnette Namba, 2977 Reed St, called in support of this Council bill and aligning our local laws with state and Federal laws. She supports in particular the provision that tobacco retailers shall not be licensed if their establishment is within 1000 feet of a school or youth-oriented facility. Data from other states and cities shows that this kind of measure will have a clear and important impact on youth tobacco access and the health consequence of its use. Chaelin Sieving, 9661 W. Chatfield In Littleton and a nurse at Wheat Ridge High School. She supports this ordinance. She described the case of a 16-year-old student who had already began using tobacco and found it easy to obtain tobacco products at local retailers. We need to keep these products out of the hands of our youth, whose brains are not yet fully developed and capable of foreseeing the consequences of tobacco use. Jennifer Yates, 3700 Miller St, thanked mayor and Council for devotion to the health of our youth. While the new state law restricting sales of tobacco to those under 21, she applauds this ordinance and the impact it will have on young people’s health, now and in the long-term future of their lives. We sincerely thank you for protecting our youth and their futures. City Council Minutes April 12, 2021 page 5 Ellen Stern, Jefferson County Tobacco Prevention Initiative, recalled a letter her Executive Director sent to the Mayor and Council. Her agency strongly supports this ordinance because of the impact it will have, especially on underserved and economically disadvantaged youth. She emphasized that the vaping provisions and the limitations on locating tobacco retailers at least 1000 feet from schools and youth- oriented facilities in the proposed ordinance will have a major impact on preventing youth tobacco use. City Attorney Dahl opined that we would need a small amendment to the Ordinance language distributed in tonight’s Council packet, to address the proposal that the initial licenses do not expire for 18 months. Sec 11-238 A will also have a new phrase, “provided that any license issued hereunder during 2021 shall not expire until December 31, 2022.” Council Questions and comments Councilmembers expressed their support for the proposed resolution. Is there an update on the implementation of the state statute on the sale of tobacco? Ms. Stern reported that the Department of Revenue has no update at this time. In the future, would our ability to open new parks, schools or youth facilities be restricted because a tobacco retailer is within 1000 feet. Mr. Dahl provided a detailed response. Mayor Starker closed the public hearing. Motion by Councilmember Hultin to approved Council Bill No. 04-2021 - an ordinance of the City Council of the City of Wheat Ridge, Colorado, amending Chapter 11, Licenses, Permits and Miscellaneous Business Regulations, with the addition of new Article XV regulating tobacco product retail licenses and conforming changes in connection therewith, including the amendment to Sec 11-238 A as read tonight by the City Attorney. Seconded by Councilmember Urban. Motion carried 8-0. City Clerk’s Note: To avoid any misunderstanding or confusion, the final version of the Ordinance as approved in its entirety appears as an appendix to these minutes. 2. Resolution No. 15-2021 – A Resolution approving a first amendment to an Enhanced Sales Tax Incentive Program Agreement with Grammy’s Goodies extending the Commencement date from November 1, 2020 to November 1, 2021 Councilmember Urban introduced Resolution No. 15-2021 The City of Wheat Ridge approved an Enhanced Sales Tax Incentive Program (ESTIP) Agreement with Grammy’s Goodies (Grammy’s) on May 11, 2020. Section 2 of that Agreement set the term to commence on November 1, 2020 or upon issuance of a City Council Minutes April 12, 2021 page 6 certificate of occupancy for improvements to their restaurant, whichever should come first. Due to impacts of the COVID-19 pandemic, the patio door and HVAC system improvements have been delayed and Grammy’s has been unable to complete their improvements which were projected to increase sales and sales tax revenues. Grammy’s has requested an amendment to the Agreement to delay the commencement date to November 1, 2021 to allow them time to complete the improvements. Mayor Starker opened the public hearing at 7:55 p.m. Mr. Art, reprised the discussions, background and goals of an ESTIP, as they are to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others, thereby further expanding the goods available for purchase and consumption by residents of the city, and further increasing the sales taxes collected by the city. He also recounted the financial impact of the ESTIP agreement which stipulated sharing 50% of enhanced sales tax with Grammy’s for a period of five years in a maximum amount not-to-exceed $70,000. This Amendment will delay the sharing of revenues by up to one-year. Public Comment No one came forward to speak. Council Questions and comments Based on previous discussions of this resolution, Council had no further questions or comments. Motion by Councilmember Urban to approve Resolution No. 15-2021 – A Resolution approving a first amendment to an Enhanced Sales Tax Incentive Program Agreement with Grammy’s Goodies extending the Commencement date from November 1, 2020 to November 1, 2021. Seconded by Councilmember Hultin; motion carried 8-0. ORDINANCES ON FIRST READING None for tonight DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7 PM 1. Resolution No. 16-2021 - A Resolution approving a permit for a noise source pursuant to section 16-103.c(3) of the Wheat Ridge Code of Laws for Rocky Mountain Bottle Company and making findings in connection therewith. Councilmember Dozeman introduced Resolution No. 16-2021 City Council Minutes April 12, 2021 page 7 City of Wheat Ridge Code of Laws permit a business in the industrial zone district which operates a noise source, to apply to the City Manager for a permit for a different decibel level than set forth in the Code. Rocky Mountain Bottle Company (RMBC) submitted an application to the City Manager requesting an adjusted allowable sound level associated with a new furnace oxygen plant portion of the RMBC facility. City Manager Patrick Goff reported on the prior actions with respect to RMBC noise levels. In 2018, Rocky Mountain Bottle Company (RMBC) began an extensive upgrade to their glass plant to install a new, environmentally friendly furnace. Unfortunately, the new furnace increased the level of noise emanating from the plant into the adjacent neighborhoods. RMBC worked in partnership with the City and the surrounding neighborhoods and completed significant investments to address the increased noise coming from the plant However, the City has continued to receive complaints from the surrounding neighborhoods concerning the noise. RMBC has continued to respond to the situation by designing and approving construction of a sound wall barrier, which is expected to be complete in June 2021. The Code permits an existing business owner in the industrial zone district, which operates a noise source, to apply to the City Manager for a permit for a different decibel level than set in the ordinance and RMBC submitted an application on January 13, 2021 requesting adjusted noise levels. Mr. Goff recommends approval of this request with the adjusted noise limits set in Table 3: TABLE 3: Adjusted RMBC Noise Limits Location 1 Receiving Property Location 2 Receiving Property Measured cumulative ambient 57 dBA 60 dBA Allowance based upon measured perception and logarithmic addition 5 dBA 5 dBA Adjusted allowable noise limits 62 dBA 65 dBA along with the following conditions: i. In order to assess compliance with the proposed adjusted allowable noise limits, measurements should be conducted at the property lines of Location 1 or other residential receiving property, for a minimum of 15 minutes. The measurement is to be taken with a meter capable of integrating over the 15-minute period and providing an average (Leq) noise level. The meter should be calibrated prior to measurement and should adhere to other ANSI standards per Code Section 16-103. ii. Measurements should be taken with calm winds, making sure no extraneous noise like train or lawnmowers are present. City Council Minutes April 12, 2021 page 8 Measurements should also avoid periods of high traffic such as 6 a.m. to 9 a.m. and 3 p.m. to 6 p.m. The measured sound levels at the receiving property shall be compared against the receiving property dBA limits (62 dBA) listed in Table 3. If the measured levels are 62 dBA or less at the receiving property, then the measured sound levels are compliant per this permit. iii. If the measured sound levels at the receiving property exceed 62 dBA, then a follow up measurement at the source (RMBC) property is required. This measurement shall be taken at the source property line in the direction of the receiving property (Location 2). If the measurement is equal to or less than the allowable limit for the source property (65 dBA) listed in Table 3, then the measurements are in compliance with this permit and suggest that the offending source of noise is not the Oxygen Plant B. A noncompliance will be established only if both the receiving and source locations exceed the allowable adjusted noise limits listed in Table 3. iv. In the event the receiving locations exceed the allowable adjusted noise limits listed in the table, the City will notify the Permitee of such excess noise. Permittee will have ten (10) days to confirm the tests by performing testing. If the Permittee disagrees with the determination, the City and the Permittee will perform a third test to determine if the locations exceed the allowable adjusted noise limits listed in the table. If the receiving locations exceed the allowable adjusted noise limits listed in the table, then the Permittee will determine the source of the excess and shall design a plan to address the excess noise within sixty (60) days of the date of notification by the City. The Permittee will then apply for any necessary permits required by the City to make such design adjustments. The Permittee will then commence to make or employ such additional noise mitigation measures as necessary to bring the noise source within the limits allowed by this permit and shall provide the City with new measurements showing such compliance within 120 days. In the event compliance is not achieved within 120 days, the Permittee shall have an additional 30 days within which to achieve compliance, after which if Permittee is not diligently pursuing such compliance and does not reasonably obtain such compliance within thirty (30) days such event of noncompliance shall be subject to enforcement by the City in the Municipal Court. The City agrees the receiving locations for any tests for compliance will solely be at the locations set forth in the table. City Council Minutes April 12, 2021 page 9 v. The City Manager is authorized to suspend the RMBC permit in the event noise measurements exceed the allowable limits after the period for remediation has expired. vi. The permittee shall conduct noise measurements at Locations 1 and 2, in the manner required by Paragraphs B(i) and (ii) above on a quarterly basis commencing June 1, 2021 until June 1, 2022, and thereafter on an annual basis or upon request by the City, with the results of such measurements being provided to the City Manager Public Comment No one came forward to speak. Mr. Goff gave a staff presentation explaining the reasoning behind the staff recommend- dations in the proposed resolution. Mr. Bob Hunt of the RMBC and Mr. Andrew Truitt, an acoustical engineer with Barons and Associates, discussed their work and progress on noise dampening. Council Questions • We have worked closely with the neighbors near RMBC to reach this point. However, we need to outreach to the community so that neighbors understand what this resolution means. RMBC provided a detailed answer to this question. Mr. Goff also explained that during the first year there will be quarterly monitoring of the noise levels with transparency to the public. • Where are we in the process of constructing the wall to deflect the RMBC noise away from the neighboring residents? Mr. Truitt and Mr. Hunt explained where we are with the sound wall construction timeline and what the next steps will be, beginning with a public meeting this Thursday. • What was the average ambient dB reading without the unit that generates most of the noise? RMBC gave a detailed response with a data chart. • Council thanked the RMBC for their cooperative and helpful approach throughout this process, especially their explanations and communications. Motion by Councilmember Dozeman to approve Resolution 16-2021- a resolution approving a permit for a noise source pursuant to section 16-103.c(3) of the Wheat Ridge Code of Laws for Rocky Mountain Bottle Company and making findings in connection therewith, seconded by Councilmember Urban; motion carried 8-0, CITY MANAGER’S MATTERS This discussion began about 8:28 PM. Mr. Goff provided several updates. Our Wadsworth project has received final approval from the Federal Highway Administration, and bids will go out later this week. City Council Minutes April 12, 2021 page 10 The City diverted some bond funds from the Ward Road Station budget to the Clear Creek Crossing project. The City approached the Urban Renewal Authority asking that they issue bonds to get cash immediately to complete these two projects. He explained the reasons and methods behind the request. The Urban Renewal Authority can issue bonds in amounts up to $31 million to fund these projects. These bonds will also help complete other projects as well, such as the 38th Avenue and Kipling intersection improvements. Councilmember Hoppe endorsed the City Manager’s report, based on her participation with the Urban Renewal Authority Board. There are other additional funding opportunities. The Congress has brought back earmarks, and we have submitted a request for $10 million funding for the Wadsworth project through Congressman Perlmutter’s office. We are looking at submitting applications for other funds available to municipalities. For instance, the American Rescue Act includes help for municipalities, but we are awaiting details from the US Treasury on how the application process will work. Mr. Goff also discussed our response to the issues raised by people experiencing homelessness. He noted that this issue is of increasing interest to our residents. He gave a detailed explanation of the complex nature of these issues. For instance, being homeless is not a crime, so law enforcement cannot simply remove these folks from our streets and parks. And, there are more and more people in this group as a result of the pandemic. He discussed the efforts underway in cooperation with the county, other cities and social service agencies. The list of efforts underway through the City, the county and other regional agencies is quite extensive. He also described and discussed staff’s ongoing efforts to alleviate the problems related to homelessness. He reported on additional staff and law enforcement that will be devoted to these issues. He indicated that staff will have a more detailed report for Council in May 2021. Mr. Goff emphasized that we are addressing the issue of those experiencing homelessness on many fronts with the cooperation of many agencies and the efforts of many City staff, both currently employed by the City and positions we will fill for the spring and summer. The Mayor has asked that staff convene a community discussion on homelessness this summer. CITY ATTORNEY’S MATTERS Nothing tonight. City Council Minutes April 12, 2021 page 11 ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck reminded everyone that she and Mayor Pro Tem Hoppe are hosting a pandemic lessons-learned public discussion, tomorrow, Tuesday, April 13th, at 6 pm, virtually. As noted herein above, several public health and elected officials will be attending. She also thanked the residents who have reached out to Council about issues of concern to them and their neighborhoods. We are here to help, and we will solve these problems through collaborative and cooperative efforts. Councilmember Dozeman echoed Councilmember Nosler Beck’s comments about our residents reaching out to us about health and safety issues. She thanked Chief Murtha and the other staff who have engaged with the Council and residents to resolve these issues. Councilmember Stites echoed his peers’ comments and thanked the staff for their hard work on these issues. Councilmember Weaver asked whether the tree program has been scheduled for a future study session; it will be added to a future Study Session agenda. Councilmember Hultin will hold a District II coffee chat this Saturday, 9:30 to 10:30, virtually. She also thanked City Clerk Kirkpatrick for his timely and diligent efforts to complete our meeting minutes and post them online for public access. Councilmember Urban thanked the WRPD for their involvement in the homelessness issues. While this has been a more urgent issue of late, the PD has worked hard on this matter for many years. Councilmember Hutchinson thanked the PD for its work on homelessness. People experiencing homelessness have arrived for the first time in District I neighborhoods, and residents are between concerned and outright frightened. It’s not only on the major corridors any longer, but also in the neighborhoods. Councilmember Hoppe shared an anecdotal story about a homeless resident with whom she had had numerous contacts. He beamed when he said he now has a navigator to help him. He was recently injured and now hobbles about, trying to survive and wait for eligibility for services. He nonetheless considers himself a resident of that neighborhood. Going forward, we will need to “open our wallets,” to also address mental health issues for this population. The Mayor asked Chief Murtha for his thoughts. He described complaints about fear and safety as a result of homelessness issues. He assured us that the WRPD will continue to treat everyone with dignity and respect, enforce the law and reach out to others working on this issue to help individuals cope. We will not become an occupying City Council Minutes April 12, 2021 page 12 force at I-70 and Kipling but will help those who need it and enforce the law for those who break it. Feel free to call the Chief if the WRPD can help. The Mayor thanked everyone who came tonight and spoke on these issues. We need to address the issues faced by people experiencing homelessness and the health and safety of all community members. This will take all of us working together in order to succeed. He thanked those who attended his Coffee with the Mayor and apologized to anyone who felt like they did not have an ample opportunity to speak during that session. ADJOURNMENT The meeting adjourned at 8:48 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON April 26, 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. 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting April 19, 2021 Mayor Bud Starker called the Study Session to order at 6:30 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. Councilmembers present: Zach Urban, Amanda Weaver, Judy Hutchinson, Korey Stites, Rachel Hultin, Leah Dozeman, Valerie Nosler Beck, Janeece Hoppe. Also present: City Manager, Patrick Goff; City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; Chief of Police, Chris Murtha; Division Chief Jim Lorentz, Director of Administration, Allison Scheck, 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. Referendum campaign finance reporting Discussion began at 6:33 pm, approximately :03 minutes into the recording of the session. 2 Issue Council has asked whether it could enact campaign finance disclosure requirements applied to persons or committees that support or oppose ballot issues, including initiative and referendum petitions, before going to election. I conclude Council could adopt local registration requirements for City ballot issue elections; however, for those who spend the small amounts ordinarily involved in City elections, the City has very limited authority to require detailed disclosure requirements. Staff reports City Attorney Jerry Dahl described the background of campaign finance disclosures where questions often reach the ballot in municipal elections as a result of referral by the City Council; this may occur following receipt of a referendum or initiative petition from City voters. In 2016, the disclosure requirements applicable in ballot issue elections under Colorado’s Fair Campaign Practices Act (FCPA) were found to be unconstitutional, when applied to those who receive and spend small amounts in such elections. He also reported on details of the brief for the Supreme Court decision in the Williams case, which provided a limited disclosure regime for “small issue committees”, which are defined as those that receive $5000 or less in an election cycle. “Small issue committees” that receive over $200, but less than $5000 in an election cycle are subject to very limited disclosure requirements, which do not include disclosure of contributions or expenditures. He listed these options to Council: 1. Complaints that an issue committee involved in a City election has violated the FCPA disclosure requirements applicable to small issue committees or to “regular” issue committees could be pursued under the attached ordinance concerning campaign finance complaints in City elections. 2. Council could highlight the importance of disclosure requirements in City ballot issue elections, including referenda and initiatives, by adopting a ballot issue committee disclosure regime in the Code. Because of Constitutional restrictions on how much disclosure may be required in ballot issue elections generally, and from “small issue committees” in particular, any such ordinance would likely be largely redundant with State law substantively. The only added benefit would be locally prescribed penalties for its violation. Mr. Dahl concluded his remarks by acknowledging that Council has an interest in requiring disclosure of the amounts and identity of small issue campaign contributions. For the reasons stated above, he believes that under the Williams decision, the attempt would not be upheld upon challenge. Councilmembers had questions and comments: Councilmembers reached a consensus to take no further action at this time, given the restrictions incorporated in the Williams decision. 3 2. Prohibiting the possession of deadly weapons on City-owned property Discussion began at 6:39 pm, approximately :09 minutes into the session. Issue A growing concern exists today with the increase in gun and deadly weapon violence throughout the United States. These acts of violence contribute to increased personal safety concerns for visitors and guests at City-owned properties and for employees of the City. City-owned buildings and property should be considered safe, available, and open. The lack of deadly weapons in those settings contributes to the sense of safety of visitors, guests, elected officials and employees. Sections 16-81 and 17-53 of the Wheat Ridge Code of Laws currently addresses “weapons” but does not prohibit the possession of deadly weapons on City-owned property. Staff reports City Manager Patrick Goff gave an overview of previous discussions in Council and the history of state legislation on this topic. He described the City’s options under the current state statutes. Mr. Goff also reviewed results of a survey among nearby municipalities and Jefferson County. These nearby cities and the County do have ordinances prohibiting the open carry of firearms and other deadly weapons on their properties, including all buildings, parks and open spaces. Mr. Dahl explained the difference between prohibiting open carry of firearms vs. prohibiting concealed carry. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: • Has this ever been an issue? Staff responded that there have been no such incidents, of open carrying firearms. However, Mr. Goff expressed concerns about a group called the First Amendment Auditors, who aggressively and without warning appear in municipal government centers across the country. After their most recent visit to Wheat Ridge City Hall in 2019, two city employees resigned after their lives were threatened in online posts. • Are we aware of other governments or school districts that do have open carry prohibitions? Staff responded in detail. Chief Lorenz explained that schools are already firearm free zones. • It is important that we create safe spaces for our City employees. It is not unreasonable to restrict open carry in Wheat Ridge city buildings and on our properties. Given the fact that other municipalities already restrict open carry it is important that Wheat Ridge follow that practice. 4 • Do we have the authority to enforce an open carry prohibition? Mr. Dahl replied that we cannot at present enforce any limits on open carry because we do not have an ordinance on the books prohibiting it. Council could make such an ordinance if it so chooses. • We should consider prohibiting both open carry and concealed carry weapons on all City property to protect not only our employees but also the public visiting City Hall, the Rec Center, other buildings and spaces outdoors. Our schools prohibit all weapons, why not have the same prohibition on the City’s properties? • Chief Murtha, please, discuss what the process for obtaining a concealed carry permit in Colorado. Chief Murtha and Chief Lorentz overviewed the process for obtaining a concealed carry permit. Mr. Goff added more comments to those explanations provided by the Chiefs. • Councilmember Dozeman strongly opposed limiting concealed carry weapons because of her beliefs around her Second Amendment Rights. • Chief Murtha opined that enforcing open carry weapons prohibitions in parks would be relatively easy. However, prohibiting concealed carry permit holders from bringing a firearm to a City park would be very difficult. • Mr. Dahl opined that the Council could make an ordinance with increasingly stringent sanctions for repeated offenses. He indicated that the first level of sanction is usually a warning, with wide discretion for law enforcement to make determinations in individual circumstance; for example a citizen in good standing who inadvertently brings a firearm or other deadly weapon into a City park. • Chief Murtha recommended that we begin with a warning, and then if the warning is not obeyed the officer could take enforcement steps. • We are not discussing the character or intentions of those who own guns. We are discussing the safety of our employees and citizens. • What does the state statute require the City to do in order to align with state law? Mr. Goff and Mr. Dahl gave a detailed answer. • Can we regulate concealed carry during those times when City facilities are used as polling places? Yes, if and only if we have metal detector to screen every person who enters that polling place for firearms and other deadly weapons. • What signage would we have to display to support a prohibition of all firearms or only open carry during election polling? Mr. Goff gave a detailed decision, with a further elucidation from Mr. Dahl. • Encouraging people to vote is so important that we should carefully consider any prohibition of concealed carry permit holders from entering City property or buildings while those locations are in use as polling places. 5 Councilmember Hoppe proposed a consensus to bring forward an action to Council to adopt an ordinance to align City Code with state law, and to align City Code with the state statutory definitions of deadly weapons, and to prohibit open carry of deadly weapons on City property. Consensus attained. 3. Staff Report(s) This item began at approximately 7:20 p.m. a. New full-time employee position - Licensing Technician Ms. Scheck reported on a request for a new position. With the addition of several new licensing programs including massage, short-term rentals and tobacco retailing, and with the potential for hotel licensing and the need for increased customer service support in the area of business licensing and sales tax, staff recommends the addition of a full time Licensing Technician position to the finance staff. Ms. Scheck gave a detailed report on license and fee revenue that would defray the cost of this proposed new position. Staff believes based on careful budget analysis and conservative projections that revenues will completely cover the cost of this position. Councilmembers had questions and comments: • This position would help our local businesses to comply with these new licensing ordinances. • Thanks to staff for their hard work on licensing to date. Councilmember proposed a consensus to bring forward an action to Council to adopt the staff recommendations. Consensus attained. In his second report for this evenings Staff Matters, Mr. Goff reviewed the plans and process for returning to in-person Council and other formal meetings, in light of Jefferson County’s newest public health orders and advisories. Council earlier decided to consider in-person meetings when the County reached Level Green, on the CoVid Dial. That level under new rubrics is now called Level Clear. Councilmembers expressed concerns about returning to in-person meetings too soon and would support a plan for returning no sooner than the first Monday in June. Council asked what will we do if one or more Councilmembers are not comfortable with returning to in-person meetings? Could we go back to virtual meetings if there is another widespread outbreak, or if one or more persons at a public meeting later find that they have exposed other to CoVid? 6 Councilmember Hoppe suggested that the forthcoming review of Council Rules might include a discussion of remote/hybrid participation. Councilmember Urban suggested we begin with the May meeting and ease into the transition. Any new Council Rule should specify the circumstances under which a member may participate remotely both due to CoVid and due to other situations or circumstances. The Mayor asked about the logistics of the room set up, specifically the furniture, in Chambers so that all Council members can see one another, see the public and vise versa. Ms. Scheck gave a detailed answer based on trial set-ups. The Mayor also asked about how the audio visual screens will work to ensure that everyone can see and hear those participating remotely. Again, Ms. Scheck have a detailed answer. The Mayor and Councilmember Stites prefer to come back to in-person on June 7th. Council reached a consensus to begin in-person meetings again on June 7th, public health orders still permitting. Mr. Goff reported that we need a Councilmember to serve on the committee that approves expenditures from our Police forfeiture fund. Councilmember Weaver volunteered for that role. 4. Elected Officials’ Report Nothing new tonight. The Mayor asked that everyone take care while driving during the snowstorm that has hit the area this evening. He reminded us all to take special care to ensure the safety of our children and seniors while driving, and by checking with seniors who may need assistance. ADJOURNMENT The Study Session adjourned at 7:46 p.m. APPROVED BY CITY COUNCIL ON May 10, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: 1a DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO BANK OF OKLAHOMA FOR 2021 PRINCIPAL AND INTEREST PAYMENTS IN THE AMOUNT OF $3,497,100 FOR THE CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ________________________ Administrative Services Director City Manager ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2021 is due June 1 in the amount of $416,050 and the principal and second interest payment is due December 1 in the amount of $3,081,050. Funds to cover the 2021 payments are budgeted in the 2021 2E Bond Fund budget. PRIOR ACTION: On June 8, 2020, City Council approved the principal and interest payments on the bonds due in 2020. On June 10, 2019, City Council approved the principal and interest payments on the bonds due in 2019. On November 26, 2018, City Council approved the second principal and interest payment on the bonds. Council Action Form – 2E Bond Principal and Interest Payment April 26, 2021 Page 2 On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond Fund. The City made the first principal and interest payment on the bonds in November 2017. On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and use tax rate for 12 years or when $38.5M is raised, whichever occurs first, without increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. FINANCIAL IMPACT: The aggregate principal amount of the bonds total $30,595,000 with a total repayment cost of $37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000. The 2021 adopted 2E Bond Fund budget includes adequate funds for debt service payments. In 2020, the 0.5% sales and use tax rate increase generated $4,423,893. Therefore, funds are available to cover these debt service payments. BACKGROUND: In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one-cent (0.5%) increase to the City sales and use tax rate for 12 years or when $38.5M is raised, whichever occurs first, and the issuance of debt to finance the following projects: • Anderson Park Improvements • Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70 • Wheat Ridge • Ward Commuter Rail Station Area • Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and Youngfield At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in a special fund and will not be released or available for any purposes except for the four projects listed above and to pay debt service on these bonds and to replenish the reserve fund. RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to the bank by a certain date, otherwise the City will be in default of this agreement. The payments to Colorado State Bank were subsequently assigned to Bank of Oklahoma. Council Action Form – 2E Bond Principal and Interest Payment April 26, 2021 Page 3 RECOMMENDED MOTION: “I move to approve payment to Bank of Oklahoma for 2021 principal and interest payments in the amount of $3,497,100 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A.” Or, “I move to not approve payment to Bank of Oklahoma for 2021 principal and interest payments in the amount of $3,497,100 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Allison Scheck, Administrative Services Director Mark Colvin, Finance Manager ATTACHMENTS: 1. Bond Debt Service Mar 22, 2017 8:58 am Prepared by FirstSouthwest (LDR) (Finance 7.017 c:\users\lramos\desktop\City of Wheat Ridge, Colorado:3_21_17P-AAMIN_NI) Page 2 BOND DEBT SERVICE City of Wheat Ridge, Colorado Sale Tax Revenue Bonds, Series 2017 (Pricing Day 3.21.2017) PRICING DAY 3.21.2017 FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 12/01/2017 2,800,000 3.000%690,454.72 3,490,454.72 3,490,454.72 06/01/2018 552,650.00 552,650.00 12/01/2018 2,400,000 3.000%552,650.00 2,952,650.00 3,505,300.00 06/01/2019 516,650.00 516,650.00 12/01/2019 2,465,000 4.000%516,650.00 2,981,650.00 3,498,300.00 06/01/2020 467,350.00 467,350.00 12/01/2020 2,565,000 4.000%467,350.00 3,032,350.00 3,499,700.00 06/01/2021 416,050.00 416,050.00 12/01/2021 2,665,000 2.000%416,050.00 3,081,050.00 3,497,100.00 06/01/2022 389,400.00 389,400.00 12/01/2022 2,720,000 5.000%389,400.00 3,109,400.00 3,498,800.00 06/01/2023 321,400.00 321,400.00 12/01/2023 2,860,000 5.000%321,400.00 3,181,400.00 3,502,800.00 06/01/2024 249,900.00 249,900.00 12/01/2024 3,000,000 5.000%249,900.00 3,249,900.00 3,499,800.00 06/01/2025 174,900.00 174,900.00 12/01/2025 3,150,000 ** %174,900.00 3,324,900.00 3,499,800.00 06/01/2026 119,400.00 119,400.00 12/01/2026 3,260,000 4.000%119,400.00 3,379,400.00 3,498,800.00 06/01/2027 54,200.00 54,200.00 12/01/2027 2,710,000 4.000%54,200.00 2,764,200.00 2,818,400.00 30,595,000 7,214,254.72 37,809,254.72 37,809,254.72 ATTACHMENT 1 ITEM NO: 1b DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 17-2021 - A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE JEFFCO TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2021 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ISSUE: State statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. PRIOR ACTION: In 2000, the Jeffco Transcript has been utilized as the City's official newspaper for publications; official posting location has been the Municipal Building main entrance. FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: It is recommended the City continue to use the same newspaper publication and posting location as in 2000. Council Action Form – Official Publication Notice Location April 26, 2021 Page 2 RECOMMENDED MOTION: "I move to approve Resolution No. 17-2021, a resolution designating the Municipal Building main entrance as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for City publications in 2021.” Or, "I move to postpone indefinitely Resolution No. 17-2021, a resolution designating the Municipal Building main entrance as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for City publications in 2021 for the following reason(s) _______________________." REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 17-2021 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2021 TITLE: A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE JEFFCO TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2021 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted at the main entrance of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Jeffco Transcript; except that, where circumstances make publication ineffective or otherwise undesirable, the City may publish official notice on the City’s website. Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of April 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1c DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 18-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $31,845 AND THE ADDITION OF ONE FULL TIME EMPLOYEE FOR THE LICENSING TECHNICIAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: With the addition of several new licensing programs including massage, short-term rentals and tobacco retailing, and with the potential for hotel licensing and the need for increased customer service support in the area of business licensing and sales tax, staff recommends the addition of a full time Licensing Technician position to the finance staff. PRIOR ACTION: On August 10, 2020, City Council enacted ordinance 1696 which created a licensing program for massage businesses in Wheat Ridge. The ordinance, which became effective August 28, 2020 requires a massage business to obtain a massage business license and a massage business manager’s license in addition to a regular business license on an annual basis. This licensing program enables the City to better regulate and enforce the massage industry in Wheat Ridge as outlined in the ordinance. On February 20, 2021, City Council held a strategic planning retreat. At this retreat, elected officials prioritized improving and streamlining business and building license processes. There was Council Action Form – Licensing Technician April 26, 2021 Page 2 discussion at the retreat about increasing the level of customer service and support in the areas of business licensing and tax. On February 22, 2021, City Council enacted ordinance 1709 which created a licensing program for short-term rentals in Wheat Ridge. The ordinance, which becomes effective May 1, 2021, requires the owner of a short-term rental to obtain a license on an annual basis in order to rent a portion or the entirety of a dwelling unit to a short-term renter. This licensing program enables the City to better regulate and manage short-term rentals in Wheat Ridge neighborhoods and will generate licensing fees and lodgers’ taxes. On March 1, 2021, City Council provided consensus for the Police Department to move forward with drafting an ordinance to create a hotel licensing program. While the details of this licensing and enforcement program have not yet been solidified, this program is intended to lower the calls for service, and therefore decrease the burden on PD resources, through a licensing program. On April 12, 2021, City Council enacted ordinance 1710 which creates a licensing program for tobacco retailers. The ordinance, which becomes effective July 1, 2021, requires the owner of a business that sells tobacco products to obtain an annual license in addition to their business license. This program will generate approximately $17,500 in license fees annually. Following discussion at the study session on April 19, 2021, Council provided consensus to move forward with the addition of the Licensing Technician position to the City’s staffing plan and appropriate funding as requested. FINANCIAL IMPACT: The position has been classified by the Human Resources Manager as a non-exempt grade 50 in the City’s pay plan. The position’s pay range is $39,500 to $55,300. Assuming a starting rate close to the middle of the grade, and inclusive of FICA, Medicare, pension and benefits, the cost for a full year is estimated at $63,689. For 2021, this will require a budget supplemental appropriation of $31,845. BACKGROUND: The City’s Finance Division consists of 6.5 positions: 1. Finance Manager 2. Staff Accountant 3. Accounting Technician 4. Revenue Auditor 5. Revenue Technician 6. Payroll Supervisor 7. Payroll Technician (part time – 20 hours per week) This lean team is responsible for the collection of sales and use taxes, auditing of businesses, business licensing, accounting, accounts payable, financial reporting, supporting the City’s financial audit, cashflow management, treasury services and payroll. Council Action Form – Licensing Technician April 26, 2021 Page 3 The workload generated by the addition of the massage licensing program continues to be significant as the Finance and Police Department teams work collaboratively to use the many tools provided in the ordinance to ensure that massage is provided by licensed massage therapists in a safe and healthy environment. The Revenue Auditor, whose main function is to ensure that businesses are complying with the tax code in Wheat Ridge, has been partially diverted to this program which is showing signs of success through careful implementation. While much of the hard work to bring existing businesses into compliance has been accomplished, staff realizes that ongoing assistance and communication will be required with both existing and new businesses. Similarly, the Revenue Auditor has been assisting the Finance Manager with the early implementation stages of the short-term rental licensing program. Currently, staff is working with the licensing vendor, LodgingRevs, to ensure the City is ready to accept registrations beginning May 1, 2021. While the vendor will handle email and mail correspondence with applicants, collect fees and lodgers’ tax payments and scan for noncompliant hosts, staff will play an important part in processing licenses, fees and taxes, and must be ready to deliver customer service to hosts, renters and interested neighbors about the specifics of the ordinance. Staff will also need to track noncompliant hosts who are banned from applying for a license for a period of one year. The workload associated with tobacco retailer licensing will include annual outreach to businesses and tracking of penalties over a rolling three-year period. This is likely to be similar for hotel licensing, should Council choose to pursue that program. In addition, and as expressed by several elected officials at the February 20, 2021 retreat, additional customer service support in the area of business licensing and tax reporting and collection is warranted. This position will be responsible for the implementation and administration of the new licensing programs including massage, short-term rentals, tobacco retailing and any future licensing programs. The position has a high customer service focus and is the main requirement for experience. Management envisions the person in this role will be a front line worker, educating relevant businesses and homeowners about these licensing programs, processing and tracking licenses, collecting and processing fees and delivering exceptional customer service. Additionally, the position will serve as a backup to the Revenue Technician, particularly during the annual licensing renewal season and again, with a high customer service focus. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request and additional FTE request. RECOMMENDED MOTION: “I move to approve Resolution No. 18-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $31,845 and the addition of one full time employee for the licensing technician.” Or, Council Action Form – Licensing Technician April 26, 2021 Page 4 “I move to postpone indefinitely Resolution 18-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $31,845 and the addition of one full time employee for the licensing technician for the following reason(s) ____________________________________________________________.” REPORT PREPARED AND REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 18-2021 2. Licensing Technician Job Description CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 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 $31,845 AND THE ADDITION OF ONE FULL TIME EMPLOYEE FOR THE LICENSING TECHNICIAN WHEREAS, the council enacted ordinances to create certain special licensing programs for the health and safety of the Wheat Ridge community including massage, short-term rentals and tobacco retailing; and WHEREAS, the addition of a full-time employee to manage the new licensing programs and provide increased customer service to Wheat Ridge businesses and homeowners is prudent; and WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $31,845 is hereby approved from the General Fund undesignated reserves to account 01-103-600-602 Section 2. The City’s staffing plan is increased by one full time employee to accommodate the Licensing Technician position DONE AND RESOLVED this 26th day of April, 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Licensing Technician FLSA STATUS: NON-EXEMPT SUPERVISOR: FINANCE MANAGER SALARY GRADE: NE 50 APPROVED BY: ALLISON SCHECK, DIRECTOR DEPARTMENT: ADMINISTRATIVE SERVICES EFFECTIVE DATE: 4/1/21 DEFINITION: This position will provide technical support to and facilitate the implementation of the City’s special business licensing programs which currently include Short Term Rentals (“STR”), Tobacco Retailing and Massage. Others, such as hotel licensing and other programs, may well be added in the future. This position requires a high degree of interaction with business owners and other members of the public affected by licensing programs, and collaboration with City staff in other departments such as Community Development and the Police Department. The City’s licensing programs have expanded as has the City’s economy. As such, a successful incumbent in this position will be required to deliver superior customer service and demonstrate attention to detail and organizational skills. The position is part of the Revenue team in the Finance Division and will support general business licensing programs. These efforts will include providing backup support to the Revenue Technician during busy times of the year, assisting tax payers in person, by phone and by email, communicating with license holders and new applicants, notifying existing license holders of renewal requirements, administering forms associated with licensing, collecting appropriate fees, answering questions and helping to resolve complaints and licensing issues. ESSENTIAL DUTIES: The following duties are illustrative only and are not intended to be all inclusive. Accurately and efficiently collect licensing applications and associated forms and paperwork for designated licensing programs (for example, STR, Tobacco Retailing, etc.) Act as the main customer service representative for the City’s licensing programs and assist with ongoing outreach and communication to licensees about the licensing programs. Interpret relevant sections of Municipal Code for licensees and facilitate understanding of the Code with all customers. Identify potentially non-compliant licensees and increase awareness and encourage compliance in a professional and courteous manner. Track licensee violations and infractions Monitor and update software application databases, such as LodgingRevs and ADG, with timely and appropriate information . Provide backup support to Revenue Technician and Revenue Auditor with tasks associated with business licenses, marijuana licenses and liquor occupation licenses. ATTACHMENT 2 Provide support to Finance Manager, the Police Department and Community Development with evidence and documentation needed for violation procedures when appropriate. Assist other Finance personnel in auditing certain license holders for failure to report tax, failure to license, and other violations. Liaise with Code Enforcement and Municipal Court to facilitate the processing of liens and fines. ADDITIONAL DUTIES: Generation of reports and memos Assist with licensee and education and communication efforts about license programs and corresponding taxes Assist other members of the Finance team and Administrative Services Department from time to time with general tasks Perform other duties as required and as assigned SUPERVISION RECEIVED: Works under the direct supervision of the Finance Manager SUPERVISION EXERCISED: None INDEPENDENCE OF ACTION: This position operates in accordance with standard practice. Requires initiative to complete recurring assignments independently. Requires judgement to determine which of many methods are applicable in any given situation. Finished work is reviewed for accuracy, quality and completeness. Unfamiliar situations are referred to the supervisor. WORKING CONDITIONS/PHYSICAL AND MENTAL EFFORT: Work is performed in a standard office environment although there will be a high degree of public interaction and communication with exposure to periods of high activity and possible stressful interactions with the public. Job entails typing, word processing and/or data processing requiring repetitive motion and sitting. The employee is frequently required to talk or hear; occasionally required to walk, use hands to finger, handle, or feel objects, tools, or controls, and reach with hands and arms. Specific vision abilities required include close vision and ability to adjust focus. Work does not require exertion or physical strain. Work requires frequent concentration on an activity where the flow of work is intermittent or the operation involves little attention and/or little checking. EQUIPMENT USED: Standard office equipment to include computer and associated software, copier, calculator, multi-line phone, and fax machine. Departments may vary in types and additional equipment, i.e., labeling equipment, shredder, tape recorder, etc. QUALIFICATIONS: Knowledge – Familiarity of the license and tax functions of City government; principles, practices, and techniques of modern office management, business English, spelling, grammar, basic accounting, computers and associated software. Skills - Read, write and verbally communicate at a level appropriate to the duties of the position; operate a computer for word processing, data entry, retrieval and other uses; write correspondence and provide customer service, directions, and feedback; organizational and time management skills essential. Abilities – Must possess average to strong Microsoft Excel and Word skills; ability to learn new database and software systems (such as ADG financial software and LodgingRevs STR management software); excellent communication and customer service skills and the ability to de-escalate challenging customer interactions; excellent verbal and written communication skills; ability to learn, synthesize and interpret relevant Municipal Code; diplomacy, communication and conflict management skills; sound judgment and discretion are essential. EVIDENCE OF QUALIFICATIONS: Education – High School diploma or equivalent. Associate’s degree or higher in business, finance, public administration or a related field preferred. Experience – Two to Four (2-4) years of experience in a professional office environment with significant contact with the public or experience in customer service. or Any equivalent combination of training and experience that provides evidence that the applicant possesses the required knowledge, skills and abilities. ITEM NO: 1d DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE APPOINTMENT OF COUNCILMEMBER AMANDA WEAVER TO THE CITY OF WHEAT RIDGE SEIZURE AND FORFEITURE COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: The City of Wheat Ridge Seizure and Forfeiture Committee membership includes a City Councilmember, appointed by the City Council. Councilmember Amanda Weaver has requested appointment to this Committee. PRIOR ACTION: City Council was briefed on this appointment at the April 19th Council meeting. FINANCIAL IMPACT: None BACKGROUND: The City of Wheat Ridge Seizure and Forfeiture Committee is established to review, approve, approve with conditions or disapprove requests for expenditure of funds held by the City as a result of seizure or forfeiture of money or property during the regular course of official Police Department activities. As required by the “Guide for Equitable Sharing for State, Local and Tribal Law Enforcement Agencies," July 2018, the Wheat Ridge Police Department must directly participate in an investigation or prosecution, resulting in a federal or state forfeiture in order to be eligible to request an equitable share of the net proceeds of that forfeiture. To receive Council Action Form – Seizure and Forfeiture Committee Council Appointment April 26, 2021 Page 2 shared funds, Wheat Ridge Police Department must also be in compliance with program guidelines and reporting requirements. RECOMMENDATIONS: Appoint Councilmember Amanda Weaver to the Committee. RECOMMENDED MOTION: “I move to approve the appointment of Councilmember Amanda Weaver to the City of Wheat Ridge Seizure and Forfeiture Committee.” Or “I move to approve appointment of _______________ to the City of Wheat Ridge Seizure and Forfeiture Committee.” REPORT PREPARED BY: Patrick Goff, City Manager ITEM NO: 2 DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2021 – A RESOLUTION AMENDING THE 2021 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $516,100 FOR THE PURPOSE OF THE PROSPECT PARK PHASE II PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Parks and Recreation Director City Manager ISSUE: The Open Space Fund Budget in 2021 includes $1.8 million for the Prospect Park Phase II project. Construction costs have increased significantly since this project was designed in 2018. Therefore, we are requesting a supplemental budget appropriation in the amount of $516,100 from the Open Space Fund undesignated reserves to complete this phase of the project in 2021. PRIOR ACTION: During the 2021 budget process, City Council approved the Open Space Fund budget, which included $1,800,000 in expenses for Prospect Park Phase II project. FINANCIAL IMPACT: The appropriation of $516,100 will reduce the 2021 unrestricted fund balance in the Open Space Fund from $1,005,341 to $489,241. However, the City received a GOCO Resilient Communities Grant in the amount of $197,179, for the fishing component of the Prospect Park project, which was not included in the Open Space Fund 2021 revenues. Council Action Form – Prospect Park Phase II Supplemental Budget Appropriation April 26, 2021 Page 2 Additionally, the City received a Jefferson County Open Space Trail Partnership Program Grant for the Wadsworth Improvement project, which will decrease expenditures in the Open Space Fund Budget by $250,000. BACKGROUND: Design and construction of Prospect Park Phase I was approved in August 2016 and the design of Phase II was approved in January of 2018. Construction was delayed until 2021 to allow for funding to be diverted to complete the Anderson Park project. Prospect Park Phase II includes the addition of lighted pickle ball courts, an improved park entrance drive and improved access to the north side of Prospect Lake with the addition of a fishing dock and a small shelter. Also included are a new picnic pavilion, resurfaced trail, and relocation of the playground in the south area of the park. RECOMMENDATIONS: It is recommended that Council approve a supplemental budget appropriation to increase the Prospect Park Phase II budget in the Open Space Fund Budget by $516,100. Approving the increase will allow the City to complete the entire project in 2021, rather than having to remove or delay project components. RECOMMENDED MOTION: “I move to approve Resolution No. 19-2021, a resolution amending the 2021 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $516,100 for the purpose of the Prospect Park Phase II project.” Or, “I move to postpone indefinitely Resolution No. 19-2021, a resolution amending the 2021 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $516,100 for the purpose of the Prospect Park Phase II project, for the following reason(s) ____________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 19-2021 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2021 TITLE: A RESOLUTION AMENDING THE 2021 OPEN SPACE BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $516,100 FOR THE PURPOSE OF THE PROSPECT PARK PHASE II PROJECT WHEREAS, the Wheat Ridge Parks and Recreation Master Plan calls for a balanced and equitable park and recreation system responsive to all age groups and user groups; and WHEREAS, Wheat Ridge City Council previously approved the 2021 Open Space (Fund 32) budget; and WHEREAS, the Prospect Park Phase II project cost estimate experienced a significant increase in construction costs from 2018 to 2021; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A supplemental budget appropriation is hereby approved to transfer $516,100 from Open Space Fund undesignated reserves to account 32-601-800-879 for purposes of the Prospect Park Phase II project . DONE AND RESOLVED this 26th day of April, 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 3 DATE: April 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2021 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PORCHLIGHT, A FAMILY JUSTICE CENTER AND THE CITY OF WHEAT RIDGE CONCERNING THE PROVISION OF POLICE DEPARTMENT SERVICES AT THE CENTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Chris Murtha, Chief of Police City Manager ISSUE: PorchLight, a Family Justice Center began operations on February 25, 2021 and has been open serving victims and survivors since that time. The attached memorandum of understanding is proposed in an effort to establish the expectations and commitments of service providers affiliated with PorchLight. PRIOR ACTION: The police department has provided updates to City Council regarding the progress of the Family Justice Center since the idea began in earnest in 2017. In 2019, City Council authorized a one- time payment in the amount of $18,000 to assist with start-up costs associated with PorchLight. FINANCIAL IMPACT: This memorandum of understanding does not create any financial obligations between PorchLight and the City of Wheat Ridge. BACKGROUND: More than 75 partner agencies have been working together to provide coordinated services for Council Action Form – MOU between Porchlight and the City of Wheat Ridge April 26, 2021 Page 2 victims of violence. Violence can include physical abuse, emotional abuse, harassment, threats, strangulation, murder, elder and at-risk adult abuse, human trafficking, property damage, and child abuse. The advantage of the Family Justice Center is for victims of crime to have one-stop access to essential services. The City of Wheat Ridge is an important and participating partner in Porchlight. Porchlight opened its doors to victims and survivors on February 25, 2021. In an effort to set expectations with regard to participating organizations, a memorandum of understanding was drafted outlining expectations of all service providers affiliated with PorchLight. This memorandum of understanding assures PorchLight that when Wheat Ridge PD is needed at their facility, WRPD will endeavor to arrive within one hour of being requested, and that Wheat Ridge PD will assign a staff liaison to serve as the primary point of contact between Wheat Ridge and PorchLight. Other provisions of the memorandum of understanding work in concert with one another to not only have providers work together in a manner that serves the guests visiting PorchLight for services, but also to utilize PorchLight in a manner respectful of individuals and equipment present. RECOMMENDATIONS: Staff recommends that City Council approve the memorandum of understanding. RECOMMENDED MOTION: “I move to approve Resolution No. 20-2021, a Resolution approving a Memorandum of Understanding between Porchlight, a Family Justice Center and the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 20-2021, a Resolution approving a Memorandum of Understanding between Porchlight, a Family Justice Center and the City of Wheat Ridge, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2021 2. Memorandum of Understanding ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2021 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PORCHLIGHT, A FAMILY JUSTICE CENTER AND THE CITY OF WHEAT RIDGE CONCERNING THE PROVISION OF POLICE DEPARTMENT SERVICES AT THE CENTER WHEREAS, the City of Wheat Ridge, Colorado (the “City”), acting through its City Council (“Council”), is a home rule municipality with statutory and constitutional authority to provide law enforcement services; and WHEREAS, Porchlight, a Family Justice Center, is a Colorado Nonprofit Corporation, operating a Family Justice Center (“Center”) devoted to providing services to people impacted by domestic violence, sexual assault, elder abuse, child abuse, at-risk individual abuse, and human trafficking by facilitating access to a variety of services and staff of community organizations and government agencies in a single, safe location; and WHEREAS, one of the services coordinated and facilitated by the Center is access to law enforcement services; and WHEREAS, the Center has requested the voluntary participation of the Wheat Ridge Police Department (WRPD) in responding to requests for services from guests of the Center through, among other things, assigning an identified liaison to the Center; and WHEREAS, the City Council finds that the Center’s mission of facilitating and coordinating the provision of services to people impacted by person-on-person crimes serves the public safety and welfare of the citizens of Wheat Ridge and the larger community as a whole; and WHEREAS, the City Council therefore wishes to approve a Memorandum of Understanding concerning the provision of WRPD services to guests of the Center. NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that: The attached Memorandum of Understanding between Porchlight, a Family Justice Center and the City of Wheat Ridge concerning the provision of WRPD services at the Family Justice Center is hereby approved. The Mayor and Clerk are authorized to execute the same. 2 DONE AND RESOLVED this 26th day of April, 2021. __________________ Bud Starker, Mayor ATTEST: __________________________ Steve Kirkpatrick, City Clerk 3/12/20 1 ATTACHMENT 2 PORCHLIGHT A FAMILY JUSTICE CENTER Off-Site Partnership Memorandum of Understanding This Off-Site Partnership Memorandum of Understanding (MOU) dated for reference purposes April 26, 2021, is by and among the City of Wheat Ridge, Colorado, a Colorado home rule municipality (the Participant), and PorchLight, a Family Justice Center (“PorchLight” and together with Participant, the “Parties”). The Parties, and other partner agencies and organizations entering into MOUs with PorchLight (the “Partners”), intend to work cooperatively and collaboratively at the Family Justice Center (the “Center”) to improve the lives of those who are impacted by domestic violence, sexual assault, elder abuse, child abuse, at-risk individual abuse, and human trafficking by facilitating better access to services and staff of community organizations and government agencies in a single, safe location. To facilitate the operation of the Center, the Parties are entering into this Off-Site Partnership MOU to establish the expectations and commitments of the Parties. There are times when agencies are unable to commit to having full or part-time staff at the Center. When this occurs, there is an increased need to establish an effective and efficient method of referral so that Guests of the Center (“Guests”) receive the services needed. The Participant agrees, whenever possible, to provide services at the Center; however, when that is not feasible, the Parties agree to establish a standard referral process to provide the needed resources and services. The Parties intend to offer needed resources and services, increase collaboration among the Partners, and enhance safety, efficiency and justice for Guests. The Parties recognize that while there are differences in each Participant's mission, role and legal mandates, there is value and increased impact by working cooperatively and collaboratively with a community of service providers at the Center. This MOU sets forth the general understanding between the Parties regarding the operation of the Center and the ways in which Participant will provide services to, and participate in, the Center, recognizing that the individual MOUs with other Partners will vary, consistent with the goals and objectives for the Center. 3/12/20 2 I. CENTER SERVICES: PorchLight intends that, once the Center is formed and operational, the Center will provide the Participant with the following amenities and services when Participant is present in the Center providing services to Guests, to the extent the same are available: a. Temporary work space and office technology infrastructure; b. Use of common areas and facilities in the building, which may include waiting areas, interview rooms, conference rooms, kitchen area, break room and reception area, as established at the Center; c. Use of the children care center for Guests’ children, while the Guest is receiving services at the Center, if established at the Center; d. Basic janitorial services, internal and external maintenance of the facility and grounds; e. Access to a photocopy/scanner/fax machine for necessary and reasonable use related to delivery of Guest services at the Center; f. Parking areas as available on the building premises; g. An Executive Director and governing Board of Directors responsible for operation of the Center; h. Staffing to provide initial intake and screening information for all new Guests seeking services at the Center; i. Facilitation of efficient and effective delivery of services among Partners; j. Opportunities for cross-training to facilitate the collaborative endeavors and operations of the Center; k. Training and materials explaining the operations of, and services offered at the Center; l. Data identifying outcomes and evaluation measures for services provided at the Center; and m. Reasonable efforts to provide a safe and secure work environment. II. PARTICIPANT COMMITMENT: The Participant agrees to provide complete services of Participant Agency to Guests referred or contacted through the Center under the following general conditions: a. In furtherance of Best Practices and the mission of PorchLight, Participant will make all reasonable efforts to assign staff to respond to PorchLight to provide services to Guests within 1 hour of such request by PorchLight staff. If in person 3/12/20 3 response is anticipated to be longer than 1 hour, Participant will use its best efforts to respond via telephone/video to provide service to the Guest at PorchLight within 1 hour. b. If, upon screening by the Participant's staff, it is determined a Guest is not appropriate for the Participant’s services, the Participant is under no obligation to provide services, but the Participant commits to work with Guests to assist with referrals and warm hand-offs, where feasible, to other appropriate service providers. c. The Participant shall assign a staff liaison to the Center possessing sufficient skills and training and appropriate credentials to provide the identified service(s) and capable to work within the collaborative environment, mission and goals of the Center. d. The Participant’s staff liaison, volunteers and interns providing services either at the Center or their home agency will be supervised and paid by the Participant, and have the rights and responsibilities of employees of the Participant. e. The Participant will complete an appropriate background check based on Participant’s agency guidelines for all personnel assigned to work at the Center (staff, contract, volunteers and intern personnel), and provide confirmation to PorchLight staff that the Participant’s guidelines have been followed and completed prior to Participant staff responding to the Center. f. The Participant will provide documentation of, and maintain current and appropriate professional liability insurance, or adequate self-insured retention, and licensing and credentialing necessary to perform the services identified by the Participant. g. The Participant will provide documentation of, and maintain, General Liability Insurance coverage in the amount of at least $1 million per occurrence, and an aggregate limit of $2 million dollars. In the event Participant provides licensed professional services, Participant shall provide documentation of, and maintain, Professional Liability Insurance coverage in the amount of at least $1 million per occurrence, and an aggregate limit of $2 million dollars. Copies of Participant’s policies and a certificate evidencing such coverage shall be provided prior to staff responding to the Center. All applicable insurance carriers shall be licensed in the State of Colorado. All such policies shall require notice to PorchLight in the event of termination of the policy. h. The Participant will carry and maintain Workers’ Compensation Insurance coverage for all of the Participant’s employees and provide documentation of the same to PorchLight. 3/12/20 4 i. In the event Participant has self-insured retention, Participant agrees to hold PorchLight harmless in the event of any claim and provide notice to PorchLight of any claims relating to any PorchLight activity. j. To the extent permitted by law, if permitted at all, and with respect to the contractual obligations set forth in Sections II(d) and II(p) hereof exclusively, Participant will indemnify and hold harmless PorchLight and its directors, officers, employees and agents, from and against all loss, claims, damages, expenses or costs of any kind arising from a Participant’s breach of the contractual obligation set forth in Sections II(d)and II(p) hereof. k. Participant agrees that each Partner will be responsible for its own actions in providing services under this MOU, and Participant shall not be liable for any civil liability that may arise from the furnishing of services by another Partner at the Center. l. The Participant’s Staff liaison assigned as the primary point of contact for the Center will participate in and, if requested, provide orientation and cross training related to services at the Center. m. The Participant’s Staff liaison will attend and participate in service delivery, Partner, and administrative meetings for the Center whenever possible. The Participant’s Staff liaison will network with all Parties in a collaborative effort to reduce domestic violence, sexual assault, stalking, elder, at-risk, child abuse, and human trafficking. n. The Participant’s Staff liaison will receive or provide a warm hand-off (a personal contact) to other Partners or outside agencies as needed and appropriate pursuant to applicable law and regulations. o. When at the Center, the Participant’s Staff liaison will provide reasonable office supplies to be used by the Participant’s Staff liaison for the provision of services when at the Center. p. When at the Center, the Participant’s Staff liaison will take reasonable care of the assigned office space, equipment and common areas, and repair losses caused by its staff. q. When providing services at the Center, the Participant’s Staff liaison will use the Center intake data software as appropriate and provide aggregate Guest service data as agreed by the Parties. r. When providing services at the Participant’s home agency, aggregate data will be provided to the Center for the purposes of reporting. s. When providing services at the Center, Participant will provide interpreter services when necessary to communicate with its Guests, or reimburse PorchLight 3/12/20 5 its pro rata share of interpreter services if Participant expressly requests an interpreter paid by PorchLight. III. COLLABORATIVE PROVISIONS: The Parties further agree as follows: a. The involvement of the Participant’s Staff liaison at the Center or at their home agency will not create an employment, tenancy, agency or partnership relationship between or among the Participant, PorchLight, the Center, or the Partners, or any of their respective directors, officers, employees, volunteers, invitees, interns, agents or contractors. b. During the course of the Parties’ performance of their respective obligations hereunder, a Party may gain access to confidential information regarding another Party or a Guest. All such information shall be maintained in strict confidence, shall not be used except as necessary for the performance of the Parties’ obligations under this MOU, and shall not be disclosed to any third party without prior written approval of the disclosing Party or Guest, except as otherwise required by law. In the event disclosure of confidential information belonging to another Party or Guest is required by the Colorado Open Records Act or other applicable law, the Party receiving the request for disclosure or subpoena shall provide notice thereof to the disclosing Party or Guest (or the subject of such information) and shall allow the disclosing Party or Guest a reasonable opportunity to seek protection, by any legal means, against the requested production or disclosure. If a Party maintains such information in electronic form, such Party will take all reasonable precautions to maintain such information in a secure environment to prevent its unauthorized access, use or disclosure. If a Party becomes aware of any actual or suspected unauthorized access, use or disclosure of confidential Party or Guest information, such Party shall promptly notify Porchlight and all affected Parties, Guests or persons. Upon the cancellation, termination or completion of this MOU, all such information shall be returned or destroyed, at the discretion of the disclosing party, excepting all information contained in records the Participant is required to keep and maintain pursuant to its records retention schedule. c. The Parties agree to abide by the PorchLight Operations Manual and enter into this MOU by supporting the goals and objectives of PorchLight, including participating in short-term and long-term strategic planning focused on the development and sustainability of PorchLight whenever possible. IV. TERM This MOU shall be effective upon its execution by both Parties, and once the Center 3/12/20 6 is open and operational. Any Participant may terminate this MOU with or without cause by providing sixty (60) days’ written notice to the PorchLight Executive Director. Any such termination shall apply only to the Participant providing the termination notice. PorchLight may terminate this MOU upon written notice to any Party at any time for cause or in the event PorchLight, in its sole and absolute discretion, determines that it is no longer able to provide the resources necessary to operate the Center. V. Miscellaneous Provisions: a. The Parties designate the individuals identified below to be their respective authorized representatives under this MOU. All notices required to be provided hereunder shall be made in writing to the authorized representatives of the other Party. Either Party may change its representative at any time by providing written notice to the other Party. PorchLight, A Family Justice Center Candace Cooledge Executive Director 11100 W. 8th Avenue, Lakewood CO, 80215 ccooledg@jeffco.us Participant City of Wheat Ridge Police Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 dguadnol@ci.wheatridge.co.us b. The person signing for the Party below is authorized to execute this MOU on behalf of such Party. c. Nothing in this MOU shall be construed as a waiver of any Party’s governmental immunity. d. Each Party agrees to observe and comply with all Federal, State and local laws, regulations and ordinances applicable to such Party, and to procure all necessary licenses, permits or approvals, in the performance of their responsibilities hereunder. e. The enforcement of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the Parties. Nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other third person, nor shall anything contained in this MOU be construed as a waiver of any provision of the 3/12/20 7 Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. seq., as amended. f. This MOU may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this MOU. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. g. ARTICLE X, SECTION 20/TABOR; LOCAL GOVERNMENT BUDGET LAW. The Parties understand and acknowledge that the Participant is subject to both Article X, § 20 of the Colorado Constitution ("TABOR") and the Colorado Local Government Budget Law, C.R.S. § 29-1-101 et seq. (“Budget Law”). The Parties do not intend to violate the terms and requirements of TABOR or Budget Law by the execution of this MOU. It is understood and agreed that this MOU does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR or Budget Law and, therefore, notwithstanding anything in this MOU to the contrary, all financial obligations of Participant, whether stated as direct or indirect, known or unknown, explicit or implicit, costs, fees, contributions, reimbursements or any other form of financial obligation whatsoever, are expressly dependent and conditioned upon the continuing availability of funds beyond the term of Participant’s current fiscal period ending upon the next succeeding December 31. PARTICIPANT CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk 3/12/20 8 PORCHLIGHT Signature Print Name Date Title