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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 05-24-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 24, 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 May 24, 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: 983 4132 4038 and Passcode: 281062 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 Men’s Health Month Healthy Active Living Month Safety Month LGBTQ Pride Month CITY COUNCIL AGENDA: May 24, 2021 Page -2- APPROVAL OF MINUTES Study Session notes of May 3, 2021; City Council minutes of May 10, 2021 and Special Study Session notes of May 10, 2021; Study Session notes of May 17, 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. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 06-2021 - an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement 2. Council Bill No. 05-2021 - an ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws 3. Council Bill No. 07-2020 - an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise 4. Resolution No. 28-2021 - a resolution removing a Memorandum of Action making an historic designation for the Joy Williams barn ORDINANCES ON FIRST READING 5. Council Bill No. 08-2021 - an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrians hindering the flow of traffic 6. Council Bill No. 09-2021 - an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited DECISIONS, RESOLUTIONS AND MOTIONS 7. Motion to approve appointments to Boards and Commissions CITY MANAGER’S MATTERS CITY COUNCIL AGENDA: May 24, 2021 Page -3- CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT PROCLAMATION MEN’S HEALTH MONTH JUNE 2021 WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women; and WHEREAS, COVID-19 is destroying lives across the country, with the Centers for Disease Control reporting that males are more likely to die from this pandemic; and WHEREAS, encouraging safe behaviors including social distancing, wearing masks, and being vaccinated will help stop the spread of COVID-19; and WHEREAS, educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will help reduce rates of mortality from disease; and WHEREAS, fathers who maintain a healthy lifestyle are role models for their children and have happier, healthier children; and WHEREAS, the Men’s Health Network worked with Congress to develop a national men’s health awareness period as a special campaign to help educate men, boys, and their families about the importance of preventative health practices; and WHEREAS, the Men’s Health Month website has been established at www.MensHealthMonth.org and features resources, proclamations, and information about awareness events and activities; and WHEREAS, Wheat Ridge Men’s Health Month will focus on a broad range of men’s health issues, including heart disease, mental health, diabetes, and prostate, testicular and colon cancer. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the month of June 2021 as, MEN’S HEALTH MONTH and encourage our residents to increase awareness of the importance of a healthy lifestyle, regular exercise, and medical check-ups and pursue preventative health practices and early detection efforts. IN WITNESS WHEREOF, on this 24th day of May 2021. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION HEALTHY ACTIVE LIVING MONTH JUNE 2021 WHEREAS, June is a great month to promote active living opportunities and educate residents about the importance of being physically active; and WHEREAS, Wheat Ridge has many convenient opportunities for residents to be active and form healthy habits; and WHEREAS, every person can take steps to improve health by increasing physical activity; and WHEREAS, the City passed a Healthy Eating Active Living (HEAL) resolution in 2014 confirming the City’s commitment to encourage and promote healthy opportunities; and WHEREAS, the City’s Healthy Eating Active Living (HEAL) Committee, consisting of staff from Lutheran Medical Center, Kaiser Permanente, Jefferson County Public Health, Localworks, Wheat Ridge Active Transportation Advisory Team, local businesses and residents, is focused on promoting healthy opportunities for Wheat Ridge residents and businesses. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare the month of June 2021 as, HEALTHY ACTIVE LIVING MONTH and encourage all community members and businesses of Wheat Ridge to join in this effort by participating in activities such as Lutheran’s Heroes of Hope 5K/10K or Localworks Live Local Cruiser Rides and take advantage of all the recreational, park and open space activities provided by the City. IN WITNESS WHEREOF, on this 24th day of May 2021. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION WHEAT RIDGE SAFETY MONTH JUNE 2021 WHEREAS, National Safety Month focuses on reducing the leading causes of injury and death at work, on the roads and in our homes and communities and drawing attention to safe practices that will decrease the likelihood of accidents; and WHEREAS, all community members deserve to live in communities that promote safe and healthy living environments; and WHEREAS, safe communities require the cooperation of all levels of government, business, and industry employees, as well as the general public; and WHEREAS, through the support and observance of National Safety Month each year, employers are helping to reverse an increase in accidental injuries and deaths in the workplace; and WHEREAS, the City supports safety efforts and has taken a pro-active stance in providing a safe and healthy work environment for its employees by supporting the BESAFE safety committee; and WHEREAS, the City works to prevent accidental injuries by educating employees about safe and healthy practices in the workplace through training and encouragement; and WHEREAS, the beginning of the summer season, traditionally a time of increased accidents and injuries, is an appropriate time to focus attention on risk management and prevention. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge formally designate the month of June 2021 as, WHEAT RIDGE SAFETY MONTH and urge all community members to establish and maintain safe practices in their homes, workplaces, and communities. IN WITNESS WHEREOF, on this 24th day of May 2021. ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk PROCLAMATION LGBTQ PRIDE MONTH JUNE 2021 WHEREAS, the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Wheat Ridge to live, work, play, and every family deserves a place to call home where they feel safe, happy, and supported by friends and neighbors; and WHEREAS, the City denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, Pride month began on June 28,1969 on the one-year anniversary of the Stonewall Uprising in New York City after LGBTQ+ and allied friends rose up and fought against the constant police harassment and discriminatory laws that have since been declared unconstitutional; and WHEREAS, we appreciate the cultural, civic, and economic contributions of the Lesbian, Gay, Bisexual, Transgender, Queer, plus (LGBTQ+) community which strengthen our social welfare; and WHEREAS, it is imperative that every person in our community, regardless of sexual orientation, gender identity, and expression, feels valued, safe, empowered, and supported by their peers and community leaders; and WHEREAS, despite being marginalized, LGBTQ+ people continue to celebrate authenticity, acceptance, and love. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge, declare the month of June 2021 as, LGBTQ PRIDE MONTH and urge residents to recognize the contributions made by members of the LGBTQ+ community and to actively promote the principles of equality, liberty, and justice. IN WITNESS WHEREOF, on this 24th day of May 2021. ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting May 3, 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; Director of Planning, Lauren Mikulak; Judge Chris Randall; Senior Neighborhood Planner, Jeff Hirt; Public Information Officer, Sara Spaulding; Assistant to the City Manager, Marianne Schilling; and Ashley Holland, Neighborhood Engagement Specialist; other guests and interested citizens. Citizen’s Right to Speak No one came forward to speak tonight. 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 session. 1. Contract Renewal – Judge Municipal Court Discussion began at 6:32 pm, Approx. :02 minutes into the recording of the session. 2 Issue The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have practiced law for a period of years. The Charter states that Council shall appoint a Presiding Judge for a term of two (2) years. By charter, the duties of the judge are to supervise court personnel and submit a yearly budget. The Supreme Court establishes a mandate as well: to justly determine all ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and federal laws and constitutions. Staff reports Presiding Judge and Department Director for the Wheat Ridge Municipal Court, Chris Randall gave an overview of his qualifications, philosophy, and sentencing to name a few items. He also spoke of the challenges for municipal court, those included topis of: • Local Control • Homelessness • Substance abuse • Inability to collect restitution • Jail bed limitations • Mandatory personal recognizance bonds He then spoke about his many accomplishments and how it was a team effort to do so and would have been impossible to do without the assistance of the court administrator, court staff, IT, or city staff. Councilmembers had questions and comments: Councilmembers commented: The manner in which the judge operates his courtroom creates mutual respect for the Court, the City and our citizens. What kinds of offenses can be heard virtually? His Honor gave a detailed answer. Thanked the judge for his input and the context he provides when Council considers various ordinances, because his thinking helps laypersons better understand the dynamics that drive Council to act and the options Council has. Which lower-level felonies fall into the category that allows only a citation to the offender and no arrest? His Honor and Chief Murtha gave a relevant response. Councilmembers will fulfill their Charter obligation to pass an Ordinance re-appointing Judge Randall; first reading on May 10 and second reading on May 24. 3 2. Strategic Plan workplan Discussion began at 6:46 pm, approximately :16 minutes into the session. City Manager Patrick Goff gave an overview of how the Mayor, City Council and staff work together periodically to develop and update a strategic plan that includes a vision, goals and strategic priorities. On February 20, 2021 a retreat was held to update strategic priorities for 2021 and 2022. He then listed the eight vision topics and goals and strategic priorities that are developed and undated on a regular basis and listed the dates for upcoming staff updates. a) New efforts in engagement of the community Issue At the strategic planning retreat on February 20, 2021, City Council identified new efforts of community engagement and education as a priority for the next two years. Staff is requesting feedback on a proposed workplan to realize this priority. Staff reports Director of Administration, Allison Scheck spoke of how prior to the retreat, councilmembers took a survey to identify priorities for discussion. Between the survey and the discussion, staff recorded the following notes associated with this priority: • Implement community-building initiatives • Increase community understanding of City functions • Get the community involved in City programs • New efforts of engagement • Wheat Ridge 101 • Tracking development progress • Increased civic involvement • Communicate how we gather thoughts, needs and opinions with the community Based on these notes, staff’s understanding of the priority is to continue efforts to educate the community about how their local government works and to broaden community engagement in City processes. Mr. Goff introduced Ms. Scheck, who summarized the current programs practices and initiatives. She listed the staff members present that have worked on these efforts. Ms. Scheck’s report, supported by an audio-visual presentation, detailed the staff efforts to increase and expand community engagement and concluded with plans for upcoming activities and new ideas for more. Ms. Scheck then suggested five ideas for more community engagement going forward. She addressed each of these ideas one by one, explaining the reasons for each 4 suggestion and how each would further the Strategic Plan priority for better community engagement. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: Please, explain the acronym GIS. Mr. Johnstone explained that GIS is a software mapping tool that allows the staff and public to navigate the City and see various layers of detail about our infrastructure, zoning, utilities…. It allows a user to ask for much more information than a smart device location and directions map. What other government entities have GIS and what information do they share with the public? Councilmember Weaver, who teaches GIS at Metropolitan State University of Denver, strongly supported adding more GIS staff in order to improve our service to both our residents and others who need the information. When we increased the letter notice requirement from 300 feet to 600 feet, did that information go only to the property owner or to the renters, such as in the case of an apartment complex? Mr. Johnstone describe our current process. The proposed series of videos from the staff report, explaining how our government works, is an excellent idea and will have a number of good uses. The current efforts are very impressive. All of the ideas presented are absolutely worthy of the effort to implement them. Too often citizens do not understand the context of a Council action or the purpose of city staff efforts, and the more we can do to help people understand what is happening and how it impacts them and their families the better. Is there a way to coordinate the process of recruiting board and commission volunteers with the other community engagement efforts, to reach more potential recruits? How can we do a better job of communicating information, like community events, for those who do not have or do not use smart devices or computers? Can we find more places to broadcast this information using handbills or with signs in places where our older residents who do not go online are more likely to see it? Several Councilmembers expressed their strong support for all of the ideas Ms. Scheck presented. Perhaps we can place an electronic bulletin board in strategic places to announce information of public interest, especially public meetings and hearings. Councilmember Hoppe proposed a consensus to bring forward an action or actions to Council that will implement all five of these ideas. Consensus attained. 5 Ms. Hoppe proposed a consensus that staff bring forward in a study session soon a proposed ordinance that would add rental property residents in the public hearing notices required by current ordinances. Consensus achieved. b) Implement bulk plane in all residential zone districts Discussion on this topic began at approximately 7:32 pm. Issue In 2016, the City Council adopted, by ordinance, new zoning regulations in Chapter 26 of the Code pertaining to “bulk plane.” During the 2021 City Council strategic planning session, the potential to adopt such regulations in all residential zoning districts was identified as a priority. Staff reports Director of Community Development, Ken Johnstone began a presentation with a discussion describing of how the City has historically has only regulated single- and two-family homes in three ways: 1. By limiting the size of footprint of the home, 2. By limiting the overall height of the home, and 3. By requiring minimum separation, or setbacks, from the perimeter property lines. That in 2016, the City added a fourth type of regulation called “bulk plane” which essentially requires that as homes get taller, they must be located further from their perimeter property lines and thus further from neighboring homes. The addition of bulk plane regulations came after a series of study sessions and public hearings. Bulk plane regulations were created in 2016 in reaction to infill construction that was occurring mostly in East Wheat Ridge. At the time, staff recommended City Council consider applying the bulk plane regulations in all residential zone districts. In zone districts with larger lots and larger setbacks, the bulk plane would not have a significant impact, but on smaller lots it would ensure that single- and two-family development is scaled back as it gets taller regardless of zoning. Because East Wheat Ridge is predominantly zoned R-1C and R-3 (with predominately smaller lots), City Council implemented bulk plane regulations in only those two zone districts. Mr. Johnstone would like council to confirm its direction whether to draft an ordinance applying the regulations across all residential “R” zone districts across the City. At City Council’s direction, a draft ordinance could go directly to Planning Commission and then to City Council first reading and public hearing in first or second quarter 2021. 6 Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: Our previous discussions and actions on Bulk plane were aimed at ensuring that our future development keeps the character and culture of the cityscape. Councilmember Hoppe is strongly in favor of applying Bulk plane to all residential zones. We need to avoid creating new problems or taking actions that our residents oppose with one size fits all approach. For instance, would the same method apply to large lots as well as smaller lots? Mr. Johnstone addressed questions about some specific properties recently developed or under development would be impacted by Bulk plane. Because this issue is so important to so many residents, we should begin with a Study Session discussion as a first step to ensure that we hear from our community residents to allow more dialogue and outreach. Bulk plane is a good idea, but we need to avoid the pitfalls of a one size fits all approach. If the owner of a flat-roofed mid-century modern home wanted to renovate, would Bulk plane require that the owner must go to a peaked room? Mr. Johnstone explained that Bulk plane would not require a peaked roof. How will Bulk plane impact non-conforming structures? Mr. Johnstone noted that we plan to bring non-conforming structures to Council later this year. He also gave examples of the kinds of situations that would have to comply with Bulk plane when and if they are renovated, especially when “popping the top.” He and Ms. Mikulak discussed how to address these kinds of properties and planned structural changes. Councilmember Hoppe proposed a consensus to bring Bulk plane for discussion at a future Study Session. Consensus attained. 3. Staff Report(s) This item began at approximately 7:58 p.m. a) New FTE for building permit reviews Issue The Building Division in the Community Development Department is experiencing record volumes of permit activity, as outline further in the background section of this memo. This is a trend over the past several years. While all building permits necessitate building division review and approval, a majority also require review by Engineering and Planning/Zoning. 7 Director of Community Development, Ken Johnstone spoke on how this is a significant aspect of the job duties of three of the planner staff positions in the Planning Division. Because of the volume of permits and various other priorities and projects underway in the Planning Division, it has been a struggle over the last few months to maintain our long established plan review customer service timeframes that commit us to reviewing residential permits in 2-4 weeks, a significant point of pride in the department. Based on the significant pipeline of permits we foresee over the next 2 years; we have a need to hire a temporary employee to meet the work volume and maintain customer service expectations. This is a trend over the past several years. While all building permits necessitate building division review and approval, a majority also require review by Engineering and Planning/Zoning. The Planning Division has not added a staff position since 2007, when a long-range planner was added to the team. That position was a specific recommendation of the original NRS, which recommended that the City develop a series of subarea plans and eventually a new citywide comprehensive plan. In 2017, the City made a switch to 100% contract employees in the Building Division. One of the advantages of that arrangement is that the contract team can (and does) ramp up (and occasionally down) their staffing to be responsive to the current volume of work. Councilmembers had questions and comments: Councilmember Hoppe proposed a consensus to bring forward an action or actions to Council that will add the necessary funds with a supplemental budget request to hire this position. Consensus attained. Mr. Goff reminded all of the forthcoming public meetings in the next fortnight, on homelessness and the future plans for the Lutheran Legacy Campus. We will open the Anderson Park Poll this summer, on Memorial Day weekend. However, the statewide shortage of lifeguards may restrict our opening hours. We are conducting an extensive and aggressive recruitment process to find lifeguards (at $14 an hour). Elected Officials’ Report Councilmember Hultin attended the Lutheran Campus tour event this past weekend and the attendance was phenomenal. These steps are critical for the community to understand the myriad issues involved in planning the campus of the future. Councilmember Dozeman reminded us that this Saturday is the Porches and Patios event. 8 Councilmember Hoppe was a part of the Jeffco event for high school student interns. She wanted to emphasize the value of Twelve Talks with Teens; a program that helps parents conduct discussion with their teens about a host of issues and concerns teens and their families face as students progress through middle and high school. Twelvetalks.com is their website. The Mayor thanked the staff for their hard work on tonight’s agenda items. He also reminded the public again that the community discussion on homelessness will be held tomorrow evening. This Saturday, May 8th, is the next Coffee with the Mayor. He also attended and appreciated the Lutheran Campus tours. He thanked Kellerstrand Elementary School for inviting him to attend a recent discussion with students about local government. He found the experience interesting and was encouraged by the students’ curiosity and the well-informed question that they asked. ADJOURNMENT The Study Session adjourned at 8:13 p.m. APPROVED BY CITY COUNCIL ON May 10, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 10, 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; Director of Parks and Recreation, Karen O’Donnell; Director of Public Works, Greg Knudsen; Russ Higgins, Field Supervisor, Public Works; Director of Planning, Lauren Mikulak; Kayla Holliday, Wheat Ridge Police Officer; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Mayor Starker read a proclamation declaring May 15 as National Peace Officers Memorial Day, and the week of May 10-16 as National Police Week. Chief Murtha and Officer Holliday of the Wheat Ridge Police Department graciously acknowledged and accepted the proclamation on behalf of their fellow officers and sworn officers everywhere who serve and protect us with their very lives every day. The Mayor also declared that May 15 National Peace Officers Memorial Day shall be recognized in Wheat Ridge. Mayor Starker proclaimed the week of May 2 – 8, 2021 National Public Works Week Greg Knudson, Director of Public Works and Russ Higgins, also with Public Works, responded with appreciative comments on behalf of the department. A number of their staff attended the session to accept the proclamation’s gratitude for their dedication, professionalism and service. City Council Minutes May 10, 2021 page 2 APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of April 26, 2021 were approved as published. APPROVAL OF AGENDA Mr. Dahl asked Council to add an executive session to tonight meeting. Without objection or correction, the agenda stood as announced with the addition of the executive session about legal advice with respect to an historic site. CITIZENS’ RIGHT TO SPEAK No one came forward to speak this evening. 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). There were no comments entered in Wheat Ridge Speaks for this Council Meeting. 1. CONSENT AGENDA Discussion began at approximately 7: PM Councilmember Urban introduced the consent agenda. a. Resolution No. 21-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $60,000 for the purpose of accepting a grant from CDOT and a contribution from Renewal Wheat Ridge for the purchase and installation of pop-up patios along 38th Avenue. b. Resolution No. 22-2021 - a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 and the addition of one time-limited full time employee in the Planning Division of the Community Development Department to conduct building permit plan reviews and inspections City Council Minutes May 10, 2021 page 3 c. Resolution No. 23-2021 - a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $35,175 for the purpose of accepting a grant from the Colorado Health Foundation for Anderson Park Nature Play Area Phase II d. Resolution No. 24-2021 - a resolution amending the Fiscal Year 2021 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 for the purpose of accepting a grant from Early Childhood Health Outdoors for the Anderson Park Nature Play Area e. Resolution No. 25-2021 - a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $466,141 for the Wadsworth Improvement Project Motion by Councilmember Urban to approve Consent Agenda Items a.), b.), c.), d.) and e.) Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None for tonight ORDINANCES ON FIRST READING 2. Council Bill No. 05-2021 - An Ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws Councilmember Stites introduced Council Bill 05-2021. 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. Motion by Councilmember Stites to approve Council Bill No. 05-2021 - an ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws, on first reading, order it published, public hearing set for Monday, May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication, seconded by Councilmember Urban, motion carried 8-0. City Council Minutes May 10, 2021 page 4 3. Council Bill No. 06-2021 - An Ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement Councilmember Hutchinson introduced Council Bill 06-2021 The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expires June 30, 2021. Motion by Councilmember Hutchinson to approve Council Bill No. 06-2021 - an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement, on first reading, order it published, public hearing set for Monday, May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect upon adoption at second reading, seconded by Councilmember Hoppe, motion carried 8-0. 4. Council Bill No. 07-2020 - An Ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise. Councilmember Nosler Beck introduced Council Bill 07-2021 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. Consensus was reached by City Council at the April 5, 2021 study session to amend the ordinance to increase the number of individual permitted sound events from six to eight in a calendar year and to create a special permit process for all sound events over eight in a calendar year and make other clarifying amendments as described in the Prior Action section of the staff report. Motion by Councilmember Nosler Beck to approve Council Bill No. 07-2021 - an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise, on first reading, order it published, public hearing set for Monday, May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication, seconded by Councilmember Urban, motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:28 PM 5. Motion to approve appointment of representatives to the 2022 Outside Agency Program Committee Councilmember introduced the Motion. The purpose of creating the 2022 Outside Agency Program Committee is to provide an additional opportunity for residents to participate in the budget process. This committee City Council Minutes May 10, 2021 page 5 gives residents the opportunity to weigh community needs with available resources and provide recommendations to City Council. Marianne Schilling, Assistant to the City Manager gave a brief summarization on the item, along with the application process. The Outside Agency Program Committee (the Committee) had six seats to fill and received seven applications. The application period was open from Monday, March 22 until Friday, April 30. All qualified appointments were chosen based upon district seats needing to be filled and availability to attend the presentation dates. There were no applicants from District I, four applicants from District II, one applicant from District III, and two applicants from District IV. Because there were not enough applicants to fill the vacancies in Districts I and III, two of the District II applicants are representing those districts, respectively: Stefania Vaughan and Laura McGarry. Applications for organizations requesting funding allotments were due April 30, 2021. The presentations to the Committee will be Tuesday nights from 6-8:30 p.m.: May 18, May 25, June 8, and June 15. The final recommendation decision meeting will be in late June and the committee or representatives will present its recommendations to Council on July 19th. Public Comment No one came forward to speak. Motion by Councilmember Hoppe to appoint Stefania Vaughan to the 2022 Outside Agency Program Committee District I, term to expire after 2023 budget recommendations are presented in 2022, seconded by Councilmember Hutchinson; motion carried 8-0. Motion by Councilmember Urban to appoint Lisa Rucker and Cathy Milkey to the 2022 Outside Agency Program Committee District II, term to expire after 2023 budget recommendations are presented in 2022, seconded by Councilmember Hultin; motion carried 8-0. Motion by Councilmember Weaver to appoint Sheila Red and Laura McGarry to the 2022 Outside Agency Program Committee District III, term to expire after 2023 budget recommendations are presented in 2022, seconded by Councilmember Stites; motion carried 8-0. Motion by Councilmember Dozeman to appoint Carol Mathews to the 2022 Outside Agency Program Committee District IV, term to expire after 2023 budget recommendations are presented in 2022, seconded by Councilmember Nosler Beck; motion carried 5-3, with Councilmembers Hultin, Stites and Weaver voting nay. 6. Resolution No. 26-2021 - A Resolution amending the fiscal year 2021 Capital Improvement Project budget to reflect the approval of a supplemental City Council Minutes May 10, 2021 page 6 budget appropriation for the purpose of awarding a contract amendment and subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $160,563.36 for professional services to complete the construction plans and specifications for Wheat Ridge Ward Station street improvements. Councilmember introduced Resolution No. 26-2021 Short Elliot Hendrickson, Inc. (SEH) was contracted to perform design services for several projects at the Wheat Ridge · Ward Station area. Amendments to four task orders need to be approved to restart final design of the street and intersection improvements and prepare construction plans and specifications. A budget supplemental request is also required since all four task orders were paused in 2020 and were not included in the adopted 2021 budget. Mark Westberg reported on the prior actions, along with the financial impacts of the contract. Public Comment No one came forward to speak. Motion by Councilmember Dozeman to approve Resolution 26-2021- a resolution amending the fiscal year 2021 Capital Improvement Project budget to reflect the approval of a supplemental budget appropriation for the purpose of awarding a contract amendment and subsequent payments to Short Elliot Hendrickson, Inc., Denver, CO, in an amount not to exceed $160,563.36 for professional services to complete the construction plans and specifications for Wheat Ridge Ward Station street improvements, seconded by Councilmember Stites; motion carried 8-0, 7. Resolution No. 27-2021 - a resolution amending the fiscal year 2021 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $24,000 for election services. CM Hoppe introduced this item. Discussion began at about 8:31 PM, approximately 1:31 hours into the session. ISSUE: Shortly after the 2019 ballot referendum (Upham St. Zoning Change) process, Mr. Goff recommended that the City Clerk’s Office engage the services of a consultant to evaluate, improve and document procedures for both referendum petitions and coordinated elections. Funds are not currently appropriated for this purpose in the 2021 budget Motion by Ms. Hoppe to approve Resolution No. 27-2021 - a resolution amending the fiscal year 2021 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $24,000 for election services. Seconded by Councilmember Dozeman; motion carried 8-0. City Council Minutes May 10, 2021 page 7 CITY MANAGER’S MATTERS Mr. Goff reported that just today the City received the documentation containing the details for obtaining funding from the American Rescue Plan. Staff will study the 150 pages of guidance and report to Council at a later date. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck reminded all to attend the public discussion of homelessness tomorrow evening. Councilmember Dozeman thanked those who managed and participated in the Porches and Patios event recently. Councilmember Stites reminded us all that if we can find it in Wheat Ridge then we should buy it in Wheat Ridge. Councilmember Weaver asked for an update on the branch recycling at Anderson Park. Mr. Goff gave a detailed reply. Other councilmembers recounted their experiences with recycling or attempting to recycle branches at the designated spot. Additional signage will be posted soon in Anderson Park to make the site easier to find. Councilmember Hultin thanked the Police and Public Works Department for all of their hard work, both that which is obvious and what they do behind the scenes that few members of the public know they are doing. She also noted that we make great effort to encourage citizens to attend Board and Commission meetings, to learn more about how those bodies function and to consider volunteering. Chief Murtha again thanked the staff, Mayor and Council for acknowledging the services of our Police Officers. The Mayor and his wife visited Porches and Patios event and found it entertaining and interesting. He noted the great enthusiasm among the attendees. He thanked those who attended Coffee with the Mayor last Saturday. Please, join the homelessness public meeting tomorrow evening. The Mayor announced that this Regular City Council Meeting will be in recess (at 8:32 pm). Recess. The Mayor called the Regular Council Meeting to order once again at 8:44 PM. City Council Minutes May 10, 2021 page 8 Councilmember Hoppe stated, “I move to go into executive session: for a conference with the city attorney, city manager, and appropriate staff under charter section 5.7(b)(1) and CRS 24-6-402(4)(b), to receive legal advice concerning the Joy Williams Barn historic designation. I further move to adjourn the Council meeting at the conclusion of the executive session.” Seconded by Councilmember Dozeman. Motion passed unanimously 8-0. The Council then began the Executive Session to receive legal advice. The meeting adjourned, per the motion to go into Executive Session, at 9:44 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON May 10, 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. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue May 10, 2021 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 7:52 p.m., while the Regular City Council Meeting stood in recess. This meeting was conducted as a VIRTUAL MEETING. No members of the Council 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: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; City Treasurer Chris Miller, City Manager Patrick Goff; Director of Administration, Allison Scheck; Director of Planning, Lauren Mikulak; Stephanie Stevens, Senior City Planner; City Attorney, Jerry Dahl; Director of Finance, Mark Colvin; Jay Renkens and Mark De La Torre, from MIG consulting, guests and interested citizens. Citizen Comment on Agenda Items – No one came forward to speak. 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). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Lutheran Legacy Campus Master Plan Update Stephanie Stevens, Senior Planner and Mark De La Torre, Planning Consultant with MIG gave an update of the Lutheran Legacy Campus master planning process, discussing the proposed outreach strategy, and briefed City Council on preliminary findings from the Existing Conditions Scan completed thus far. The topics included were: • The first community-wide public event was held on Saturday, May 1 from 9 a.m. – noon as a self-guided public tour of the SCL Lutheran Medical Center campus • The stakeholder steering committee contains 12 diverse community members, ranging from longstanding residents and valued volunteers to members of the business and development community, each with a heavy stake in the project. • Focus groups will be finalized by the end of April and the first rounds of meetings will take place in mid-May. • Public meetings will continue to occur monthly until we report back at the next study session with Planning Commission and City Council in August. Also beyond public engagement, MIG is currently focusing their work on establishing the foundation for the Master Plan including the gathering of necessary background and context information. This information will be detailed in an Existing Conditions Scan. Rather than create an overly prescriptive Master Plan with a detailed program and specific siting and architectural direction, the MIG Team realizes that the real need is for a flexible and nimble development framework to inform re-entitlement, marketing of the property, community benefits, and a higher level development vision with clearly articulated guidance and parameters. The Existing Conditions Scan is intended to be high-level review of the existing conditions, based on the available information, to determine the critical, contextual assets, challenges, and opportunities for the project area. The Existing Conditions Scan will include findings for the following key background elements: • Existing and Projected Area Demographics • Economic Conditions and Opportunities • Existing Facilities and Assets • Zoning, Land Use, and Built Form • Transportation and Connectivity • Utilities and Infrastructure Mr. Goff reported that the Lutheran Legacy Campus Planning process will be the front- page story on the Connections newsletter, scheduled for mailing to every household in the City in about 2 weeks. Councilmembers had questions and comments: Councilmembers expressed their gratitude for the extensive public communication and citizen engagement, especially since there is so much public interest in this property. What will happen to the trees on the property? Mr. Renkens gave a detailed answer, including steps taken to date and all of the City agencies and staff engaged in that process. Councilmembers were pleased to hear that some of the existing buildings will continue in use. However, what will happen to the Blue House and Chapel, which are good examples of legacy structures? Mr. De La Torre gave a detailed response. How many different property owners do we have on site? Just SCL Health; they own the 100 contiguous acres. 2. Strategic Priority – Streamlining Permitting and Licensing Allison Scheck, Administrative Services Director spoke that at the strategic planning retreat on February 20, 2021, City Council identified customer service, education and process improvement of the City’s licensing and permitting processes as a priority for the next two years. Staff is requesting feedback on a proposed workplan to realize this priority. Listed is a summary of planned and budgeted upcoming activities to support this priority. • Onboard New Licensing Technician • Update Municipal Code Chapter 22 (Tax) and Join State Sales and Use Tax System • Conduct an Analysis of the City’s Enterprise Resource Planning Program To further support this priority, staff presented the following ideas to Council for consideration. • Comprehensive Educational Campaign for Small Businesses • Targeted Outreach to Property Owners Ms. Scheck requested direction from Council to move forward with activities to support this priority. Councilmembers had questions and comments: Councilmembers had detailed questions about the implementation of these plans, with respect to all license and permit processes for citizens and business owners. Councilmember Hoppe asked for a consensus to direct staff to continue with the current planned and future ideas for implementing this plan. Consensus achieved. 3. Staff Report(s) Nothing further at this time, since staff made reports already in tonight’s Regular Council Meeting. 4. Elected Officials’ Report(s) Nothing further, as this session immediately followed a Regular Council Meeting. ADJOURNMENT The Special Study Session adjourned at 8:44 pm. APPROVED BY CITY COUNCIL ON May 24, 2021. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Janeece Hoppe, Mayor Pro Tem 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting May 17, 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; Homeless Navigator, Rebekah Raudabaugh; Projects Supervisor, Mark Westberg; David Bennetts and Stacey Thompson of the Mile High Flood Plain District; Municipal Judge, Chris Randall; Assistant to the City Manager, Marianne Schilling; Ashley Holland, Neighborhood Engagement Specialist; Kelli Barker, Jefferson County Regional Homelessness Coordinator; other guests and interested citizens. Citizen’s Right to Speak No one came forward to speak tonight. 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 is the one entry into Wheat Ridge Speaks for this meeting. Please consider the safety of all parties when deciding on this matter. 2 Although asking for help is the homeless persons right, I can’t find one honest reason as to why panhandling needs to take place in the middle of traffic putting their lives, their children's lives, their pets’ lives in jeopardy, not to mention the driver’s trauma if they were to accidentally hit a homeless person, their child or their pets. As I mentioned in the last Mayors meeting on the homeless, a study out of Denver recorded high levels of carbon monoxide in the middle of the streets at traffic lights to be at unacceptable unsafe levels. Think of the child, the pets that are right at tailpipe height breathing those fumes for an entire day, because their guardians force them to be there, let alone the homeless persons themselves. Long term exposure to these fumes causes dizziness, impairment, central nervous system problems, respiratory problems and by allowing panhandling on medians it’s just adding more harm to an already impaired and unhealthy population. How can this be right? How is this keeping their safety in mind? Per Chief Murtha, who himself recognized that some on the medians are under the influence of drugs and or alcohol and there have been accidents and verified deaths involving the homeless, I feel we need to intervene and save them from themselves sometimes and I really believe that not permitting panhandling on medians a step in the right direction. Thank you. 05/16/2021 10:39 pm Deann Thurman 4690 independence Wheat ridge, 80033 1. Strategic Priority - Homelessness Discussion began at 6:32 pm, Approx. :02 minutes into the recording of the session. Issue The City of Wheat Ridge is committed to regional homeless navigation efforts to address the increasing number of individuals experiencing homelessness. During the City Council strategic planning retreat on February 20, 2021, homelessness was identified as a priority issue for the next two years. Staff reports Ms. Barker gave a formal presentation on the scope of the homelessness population in Jefferson County, and the coordinated efforts of the County Heading Home program and municipalities in Jeffco. Our Homeless Navigator, Rebekah Raudabaugh gave a summary of current efforts by Homeless Navigators working for municipalities. (Ms. Raudabaugh is jointly employed by Golden, Edgewater and Wheat Ridge). She presented a summary of her efforts since she assumed her position in December 2020. Councilmembers had questions and comments: Several Councilmembers thanked the presenters and their associates across the county for not only their presentations this evening but also for their ongoing and impressive efforts to address the needs of those experiencing homelessness. 3 Councilmembers asked whether the proposed Housing Navigator position for 2022 will be shared with Edgewater and Golden. Mr. Goff indicated that the other cities are interested in exploring a similar arrangement to the one we have with those two cities for Ms. Raudabaugh’s position. What does the plan the County and the City have implemented do to help those experiencing homelessness who also need mental health services? That need was highlighted at the 2021 Strategic Planning Retreat (SPR). Mr. Goff refreshed everyone’s recollections about that discussion last February during the SPR. Are there plans for other homelessness services, such as laundry facilities or transit passes, and other “wrap around services,” attached to temporary housing for those experiencing homelessness? Ms. Barker and Ms. Raudabaugh provided detailed responses to the foregoing. Please, walk us through how a Homeless Navigator first contacts those experiencing homelessness. Ms. Raudabaugh explained how those initial contacts happen; most often she receives a referral from police departments, municipal courts, not-for-profit agencies and religious leaders. Tell us more about what we are doing in the short-term, right now, to help those identified as experiencing homelessness? Where can a resident call to help staff connect with those persons they see in our community experiencing homelessness? Ms. Barker replied with specific details. When more facets of the county-wide effort to help this population come online, how will city staff and residents know when, what and how? Councilmember Hoppe recounted her experience trying to find help for a young woman she encountered on the street who was inadequately dressed during a severe snowstorm. She could not find the information she needed using her smart phone to search City and County Websites. Ms. Barker provided information on how to find the right resources on the fly. If persons experiencing homelessness need a safe parking place/lot to park their vehicle overnight, what barriers does the current City Code of Laws present to allowing those people to park in a safe lot (with the permission of the lot owner). Councilmember Hultin proposed a consensus to ask staff to bring to Council an analysis of any issues the current City Code would present for those seeking a safe and legal parking lot for their vehicles overnight. Consensus attained. Councilmember Hoppe proposed a consensus to bring forward an action or actions to Council that further address the needs of those experiencing homelessness: 1. Fund a position in 2022 for a Housing Navigator 2. Funding for more Bridge Housing during 2022. Consensus attained. 4 2. Pedestrians hindering the flow of traffic and pedestrian use of roadway center medians Discussion began at 7:43 pm, approximately: 1:13 hours into the session. Issue Staff has prepared two new ordinances regulating pedestrian behavior along roadways which are intended to reduce danger to persons and property, prevent traffic delays, vehicular collisions and otherwise avoid pedestrian interference with traffic flow. Staff reports These code amendments were first raised with City Council at the October 19, 2020 study session. Consensus was reached by City Council to bring forward two ordinances for consideration to address pedestrians hindering the flow of traffic and pedestrian use of roadway center medians. Both ordinances were approved on first reading at the December 14, 2020 council meeting. However, motions were made and approved at the January 25, 2021 council meeting to cancel the public hearings on both ordinances and republish for future public hearings after the items were reviewed again in study session. These ordinances are intended to reduce auto/pedestrian accidents by regulating center medians that are unsafe for occupation by pedestrians and other pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or hinders traffic flow, and soliciting in areas that are unsafe for such activity. The ordinances adopt new sections of the Code governing pedestrian and traffic safety and amending the current section on solicitation activities to add a legislative declaration. Chief Murtha provided some data on the safety issues related to this agenda item. He emphasized that his concerns focus on safety issues and the dangers people incur when standing in medians for whatever purpose. There is a local and national trend of upward movement in the numbers of pedestrians injured and killed by motor vehicles. He also reported that where pedestrians expose themselves to vehicular traffic and the duration of that exposure are the two determining factors of pedestrian risk profiles. He also provided data showing that pedestrians struck by motor vehicles traveling at 32 mph and faster are highly likely or almost certain to die. He also emphasized that pedestrians standing on a roadway median run the highest risk of serious injury or death. The proposed code changes would clearly help to prevent injuries and fatalities. Councilmembers had questions and comments: Councilmember Hoppe reviewed previous discussions about potential changes to the code, and how other nearby municipalities handle this issue. Councilmembers asked detailed questions about several topics, including: 5 In Section 1-G-b, the proposed language states that persons convicted of violating the proposed order “shall,” be sentenced to fines or imprisonment. She opposes that language as it will only worsen the lot of those experiencing homelessness. How would the proposed language in one of the draft ordinances address residents who are simply walking their dogs along a City street with no sidewalks. Mr. Dahl gave a detailed answer concerning how the language was constructed and the subjective nature of the behavior the ordinance would address. Mr. Dahl opined that the proposed ordinance focuses on people in roadway medians, not people strolling down a residential neighborhood street. Judge Randall stated that there are many kinds of traffic-related offenses that require judgment based on the prima facia indicators of the citizen’s intent. For instance, someone flagging down cars to protect their dog does not intend to hinder traffic, while someone standing for longer than a moment or two, in a busy roadway median can, and often does, cause pedestrian injuries or vehicular collisions when drivers try to avoid pedestrians. Please, specify in revised language an emphasis on the responsibility of drivers to remain vigilant. All roadway users, drivers, pedestrians and cyclists, have responsibilities to avoid crashes and bodily injuries. Not only are those standing in a median asking for money risking their life and limb, but also distracting drivers in nearby vehicles. Those standing in medians are misusing the median and have no legitimate reason to position themselves there for more than a moment or two. What other options for sanctions other than fines or jail time are there? Judge Randall gave several examples of alternative sanctions/sentences. Judge Randall, what happens when someone is sentenced to a fine, counseling or community service but fails to pay or complete the assignment? The Judge gave a specific answer. He also explained why the word “shall,” vs. “may,” be sentenced to fines or imprisonment is implemented in courts of law. Councilmember Dozeman stated that she finds this conversation helpful and important to crystalize our future movement forward. Councilmember Hoppe proposed a consensus to move forward with Bill 28-2021, with the change of the word “shall” to the word “may” in section E, and in item G; and adding the wording “or other alternatives available to the Municipal Judge.” Consensus attained. Councilmember Hultin proposed a consensus to add to both Council Bills 27 and 28, the following Whereas statement to the proposed ordinance language: 6 Whereas, it is incumbent on all roadway users to be vigilant and conduct themselves so as to protect the safety of others. Consensus attained. Councilmember Hultin also proposed a consensus to replace the word “vehicle” with “vehicle operators or drivers,” in all of the places where that language keeps the intent of the wording and remains grammatically correct. Consensus attained. Mayor Starker recessed the meeting for a 9-minute break. 3. Revisions to the City’s floodplain regulations Discussion began at 8:35 pm, approximately 2:05 hours into the session. Issue Mile High Flood District (MHFD) is a valuable stormwater and floodplain management resource to not just the City but to the entire Denver Metro area. Their goal is to create innovative solutions that address stormwater and watershed holistically in order to protect people, property, and the environment through preservation, mitigation, and education. MHFD provides assistance, guidance, and regulations for the Denver Metro area. The Mayor is the City’s representative on the MHFD Board of Directors. Staff reports Mark Westberg presented the MHFD background where those regulations specifically prohibit tents and makeshift structures in the floodplain due to numerous public safety issues. Although camping has been prohibited within City parks since 2004, staff now is requesting that Council amend the City’s floodplain regulations in Chapter 26 to also specifically prohibit tents and makeshift structures in the City’s floodplains. In October 2019, the MHFD Board passed a resolution expressly prohibiting tents and makeshift structures within the floodplain. MHFD’s enabling statutes state, “In the event of any conflict between this floodplain regulation and any floodplain regulation adopted by any other public body within MHFD, the more restrictive regulation shall control.” This means that the MHFD’s October 2019 camping ban is the controlling regulation. While staff can and should enforce the more stringent MHFD regulations, having the regulations in the City Code allows more direct enforcement by staff. These floodplain regulation changes were made for the sole purpose of public safety. The dangers of allowing tents and other makeshift structures for human habitation within floodplains are as follows: 1. Individuals living in these structures put themselves at grave risk of serious injury and death by drowning during flooding. On July 21, 2019, a 38-year-old woman drowned in North Dry Gulch during a high-water event. Her body was found the next morning in an area that was 10 feet underwater during the event. 7 2. Swift-water rescues of inhabitants of these makeshift structures during times of flood puts the lives of first responders at risk. 3. The building materials and furnishings of tents and makeshift structures within floodplains add to the debris load of the flood, potentially clogging bridge and culvert openings, thereby endangering the rest of the community. 4. The byproducts of human habitation of these structures (feces and trash) pollute the floodwaters with fecal bacteria and other hazardous substances, endangering the rest of the community. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, including: If the City outlaws camping in flood plains, then who enforces that Code section? Mr. Westburg explained how that would work if the proposed Ordinance passes. He added that at present, without an ordinance prohibiting camping in a flood plain, the City is hard pressed to require that the campsite occupants move. Chief Murtha explained that our Code Enforcement team addresses these situations. Why does the proposed language say tents or other structures vs. prohibiting persons from remaining at a site along a flood plain, especially overnight? Councilmember Hoppe proposed a consensus to bring forward an action or actions to add a Code provision that will prohibit tents and makeshift structures in a flood plain. Consensus attained. Councilmember Hoppe proposed a consensus to bring forward an action or actions to remove the Board of Adjustments from their role in the review of Class II permits and appeals related to flood plain permits and to authorize staff to move forward with changes to the City’s flood plain variance process to align with the State’s flood plain process Consensus attained. 4. Staff Report(s) This item began at approximately 8:59 p.m. Noting additional. 5. Elected Officials’ Report Councilmember Dozeman announced that the Chamber of Commerce and the City will sponsor a clean-up project this Saturday, May 22, from 9-11 AM near I-70 and Kipling on the north side of the interchange. Volunteers are asked to gather at the law offices near the Denny’s on the northeast corner of that location. Councilmember Hutchinson congratulated the WR High School class of 2021, that will graduate this Friday, including her third grandchild, Corine. 8 The Mayor thanked the staff and guest presenters who came this evening and contributed to a very productive meeting. ADJOURNMENT The Study Session adjourned at 9:01 p.m. APPROVED BY CITY COUNCIL ON May 24, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: 1 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2021 – AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expires June 30, 2021. PRIOR ACTION: The Judge was reappointed in June 2019. FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is not requesting any change in this rate. BACKGROUND: The Judge has provided a memorandum (attached) requesting reappointment. RECOMMENDATIONS: "I move to approve Council Bill No. 06-2021, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement, on second reading, and that it take effect upon adoption." Council Action Form – Contract Renewal Municipal Judge May 24, 2021 Page 2 Or, "I move to postpone indefinitely Council Bill 06-2021, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement for the following reason(s) ________________." REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 06-2021 2. Memorandum from Judge Randall 3. Municipal Judge Services Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HUTCHINSON COUNCIL BILL NO. 06 ORDINANCE NO. ________ Series of 2021 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective July 1, 2019 for a two-year term expiring on June 30, 2021; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term; and WHEREAS, the Council wishes to reappoint Judge Randall and approve a presiding municipal judge services agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years, expiring on June 30, 2023. The Presiding Judge’s compensation shall be $98.97 per hour. The terms and conditions of the Presiding Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2021, attached hereto and incorporated herein by this reference. Section 2. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of May 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 24, 2021, at 7:00 p.m. as a virtual meeting, and that it take effect upon adoption. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to _______, this 24th day of May, 2021. SIGNED by the Mayor on this 24th day of May, 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: May 13, 2021 Second Publication: May 27, 2021 Jeffco Transcript Effective Date: May 24, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2835 F: 303.235.2829 www.ci.wheatridge.co.us April 23, 2021 Honorable Bud Starker, Mayor Members of the Wheat Ridge City Council Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29th St. Wheat Ridge, CO 80033 Mayor Starker, City Manager, and Members of City Council: The City Charter creates a municipal court and directs the city council to appoint a presiding judge. The Charter requires that all municipal judges have been on the bench or have practiced law for a period of years. I have thirty-five (35) years in the practice of law and twenty-nine (29) years on the bench; nineteen (19) have been as the Presiding Judge in Wheat Ridge. The Charter states that Council shall appoint a Presiding Judge for a term of two (2) years. By charter, the duties of the judge are to supervise court personnel and submit a yearly budget. The Supreme Court establishes a mandate as well: to justly determine all ordinance violations, ensure criminal law procedures, administer cases fairly, and follow city, state, and federal laws and constitutions. Over the years there has been an explosion of legislation directed at municipal courts. As a result, the presiding judge reviews and incorporates new legislation into the operation of the court. The Colorado Code of Judicial Conduct (Code) guides judicial ethics and requires independence, impartiality, competence, and integrity. Inherent in the Code is the precept that judges must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. I began as Presiding Judge in Wheat Ridge in January 2002 and have been the Presiding Judge since then. Each services agreement is for a two-year term. My most recent two-year contract for services began July 2019 and ends June 2021. I am requesting renewal of the contract. Please see the enclosed Memo for information about court, accomplishments, projects, and goals. ATTACHMENT 2 I work an average of thirty (30) hours per week. Regular court sessions take about twenty-four (24) hours a week, and most court days take nine hours to complete. Preparation for jury trials and the jury trials add a few days per year. Other work hours are related to new legislation, extended court sessions, managerial duties, director obligations, legal research, administrative matters, budget, personnel issues, and meetings. I am not requesting a change in contract provisions. This is a dynamic City with an interesting court docket. I enjoy the challenge and energy of the City and the court. I look forward to another two years to continue to provide service. Sincerely yours, /s/ Christopher D Randall Christopher D. Randall Presiding Judge and Department Director Wheat Ridge Municipal Court WR Muni Judge Contract - Randall ATTACHMENT 3 CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2021 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 – SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services. ARTICLE 2 – QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court. ARTICLE 3 - TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2023. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 – COMPENSATION, PERFORMANCE The Parties agree that Presiding Judge shall be compensated at $98.97 per hour for services rendered under this Agreement, classified as a non-exempt employee. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense. WR MuniCourt/MuniJudgeContract - Randall -2- Presiding Judge shall be paid via the current City system for recording and compensating hourly employees. A. Funding. This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year. B. Performance. Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a two year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge, exercising that authority by ordinance as required by the Charter. ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS A. Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week. B. Benefits as outlined in the 2018 Employee Benefits Guide or as revised for 2019 or 2020. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time. C. Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies). D. Personal time off (PTO) leave accrued per pay period dependent upon the number of hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period: • Jury duty pay; • Family Medical and Leave Act coverage; • As a department head, Presiding Judge receives the annual allowance for cellular telephone use. WR MuniCourt/MuniJudgeContract - Randall -3- For all such insurance and benefit programs, to the extent the programs or any of their features are altered, amended, or eliminated with respect to all eligible City employees, such alteration, amendment or elimination shall also apply to Presiding Judge in the same manner. ARTICLE 6 – CHARTER, LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ARTICLE 8 – JUDICIAL INDEPENDENCE An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is expected to uphold these principles. ARTICLE 9 – JUDICIAL IMPARTIALITY Presiding Judge shall uphold and apply the law, and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge. ARTICLE 10 - EX PARTE COMMUNICATION Presiding Judge shall not initiate, permit or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning pending or impending matters. WR MuniCourt/MuniJudgeContract - Randall -4- ARTICLE 11 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 12 – NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail. If to the City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 If to Presiding Judge: Christopher D. Randall, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721 ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City. ARTICLE 14 – SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City. WR MuniCourt/MuniJudgeContract - Randall -5- ARTICLE 16 – AMENDMENTS The City may, from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO ________________________________ By: ____________________________ Stephen Kirkpatrick, City Clerk Bud Starker, Mayor Seal APPROVED AS TO FORM: Gerald E. Dahl, City Attorney PRESIDING JUDGE Christopher D. Randall ITEM NO: 2 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 05-2021 – AN ORDINANCE PROHIBITING DEADLY WEAPONS ON CITY PROPERTY AND MAKING OTHER AMENDMENTS CONSISTENT WITH STATE WEAPONS LAWS PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ City Attorney City Manager 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. PRIOR ACTION: City Council considered an ordinance in 2003 to prohibit the open carrying of firearms on public property; however, the ordinance was never adopted. Consensus was received at the April 19, 2021 study session to bring forward an ordinance prohibiting deadly weapons on City property. FINANCIAL IMPACT: None Council Action Form – Prohibiting Deadly Weapons on City Property May 24, 2021 Page 2 BACKGROUND: Municipalities within the state of Colorado have the authority to regulate the possession of certain firearms and deadly weapons in specific settings. Many Colorado municipalities have had similar prohibitions of the possession of weapons in public settings in place for a number of years, including Lakewood, Arvada, Golden, Denver and Jefferson County (see Attachment 2 for full list). Two practices are currently in effect in City facilities. First, deadly weapons and other bladed objects including scissors and pocketknives are prohibited in municipal court under the inherent power of the court’s rulemaking authority. Visitors are screened by x-ray machine and metal detectors upon entry to court. Second, for the safety of visitors and guests, signage is posted at the Wheat Ridge Recreation Center and City Hall advising patrons that the open carry of firearms is prohibited; however, the City does not have legal authority to enforce this. Under state law, the definition of a deadly weapon includes not only firearms but also a “knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.” C.R.S. § 18-1-901. Due to protection provided under state law, the prohibition cannot extend to individuals who are carrying a concealed firearm and who possess a concealed carry permit, unless the City takes the additional step of providing metal detectors with security personnel. C.R.S. § 18-12-214. RECOMMENDATIONS: Staff recommends approval of the ordinance which will accomplish the following: • Aligning the City Code with state law concerning concealed carry; • Aligning the City Code with the state law definition of “deadly weapon”; and • Prohibiting the carrying of “deadly weapons” upon City-owned property. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2021, an ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws, on second reading, and that it takes effect fifteen days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 05-2021, an ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Carmen Beery, Associate Attorney Gerald Dahl, City Attorney Council Action Form – Prohibiting Deadly Weapons on City Property May 24, 2021 Page 3 ATTACHMENTS: 1. Council Bill No. 05-2021 2. Survey of governments concerning deadly weapons ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 05 ORDINANCE NO. _________ Series of 2021 TITLE: AN ORDINANCE PROHIBITING DEADLY WEAPONS ON CITY PROPERTY AND MAKING OTHER AMENDMENTS CONSISTENT WITH STATE WEAPONS LAWS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to proscribe and punish criminal conduct within the City; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted ordinances regulating the sale, purchase, possession and use of certain weapons within the City; and WHEREAS, over the past several years, state weapons laws have changed in ways that render certain City ordinances inconsistent, such as differing definitions of “deadly weapon”; and WHEREAS, additionally, the State has enacted legislation that prohibits local governments from regulating concealed carrying of handguns (Part 2, Article 12, Title 18, C.R.S.), that forbids local firearm regulation that is more restrictive than state or federal law and that requires local governments to adopt a law and post signs to prohibit the open carrying of firearms in public areas and buildings (Article 11.7, Title 29, C.R.S.); and WHEREAS, the City Council finds that City-owned buildings and property should be considered safe, available, and open, and a lack of deadly weapons in these settings contributes to the sense of safety of visitors, guests and City employees; and WHEREAS, the City Council desires to prohibit the carrying of deadly weapons upon City-owned property and make other amendments conforming to state weapons laws, without acknowledging that the regulation of firearms within municipal boundaries is a matter of statewide concern. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-81 of the Code of Laws, concerning weapons definitions, is hereby amended by the addition of the following definition: DEADLY WEAPON MEANS: (I) A FIREARM, WHETHER LOADED OR UNLOADED; OR (II) A KNIFE, BLUDGEON, OR ANY OTHER WEAPON, DEVICE, INSTRUMENT, MATERIAL, OR SUBSTANCE, WHETHER ANIMATE OR INANIMATE, THAT, IN THE MANNER IT IS USED OR INTENDED TO BE USED, IS CAPABLE OF PRODUCING DEATH OR SERIOUS BODILY INJURY. Section 2. Subsection 16-83(a) of the Code of Laws, Carrying concealed deadly weapons, is hereby amended as follows: Sec. 16-83. - Carrying concealed deadly weapons. (a) It is unlawful for any person to knowingly carry a DEADLY WEAPON knife or firearm concealed on or about his person; provided, that this chapter shall not apply to persons in their own domiciles or places of business or on property owned or under their control at the time of the act of carrying, or to persons in private automobiles or other private means of conveyance who are carrying such a weapon for the lawful protection of their or another's person or property or for any other legal purpose. Section 3. Subsection 16-87(b) of the Code of Laws, Carrying, etc., where intoxicants are sold, is hereby amended as follows: (b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon concealed, nor to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. Section 4. Chapter 16 of the Code of Laws is amended by the addition of a new Section 16-89, to read in its entirety as follows: SECTION 16-89. DEADLY WEAPONS ON CITY PROPERTY PROHIBITED. (A) IT IS UNLAWFUL FOR ANY PERSON OTHER THAN A PEACE OFFICER TO CARRY, BRING OR POSSESS A DEADLY WEAPON UPON CITY PROPERTY. (B) FOR PURPOSES OF THIS SECTION "CITY PROPERTY" MEANS ALL BUILDINGS, FACILITIES, REAL PROPERTY AND PORTIONS THEREOF: (1) OWNED IN WHOLE OR IN PART BY THE CITY OR IN WHICH THE CITY HAS A LEASEHOLD INTEREST, WHETHER AS LESSOR OR LESSEE; AND (2) POSTED BY THE CITY WITH A SIGN AT THE PUBLIC ENTRANCES NOTIFYING THE PUBLIC THAT THE CARRYING OF DEADLY WEAPONS IS PROHIBITED ON THE PROPERTY. (C) THE CHIEF OF POLICE OR HIS OR HER DESIGNEE IS AUTHORIZED AND DIRECTED TO POST THE PUBLIC ENTRANCES OF ALL CITY PROPERTY WITH SIGNS NOTIFYING THE PUBLIC THAT THE CARRYING OF DEADLY WEAPONS IS PROHIBITED, UNLESS OTHERWISE DIRECTED BY FORMAL ACTION OF THE CITY COUNCIL. (D) UNTIL SUCH TIME AS C.R.S. § 18-12-201 ET SEQ. IS REPEALED OR AMENDED, THIS SECTION SHALL NOT APPLY TO PERSONS CARRYING CONCEALED DEADLY WEAPONS ON CITY PROPERTY AS AUTHORIZED BY A VALID CONCEALED CARRY PERMIT EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTION (E). (E) IT IS UNLAWFUL FOR ANY PERSON TO CARRY, BRING OR POSSESS A CONCEALED DEADLY WEAPON, CARRIED IN ACCORDANCE WITH A VALID CONCEALED CARRY PERMIT, INTO ANY CITY BUILDING AT WHICH THE CITY HAS INSTALLED PERMANENT ELECTRONIC WEAPONS SCREENING DEVICES AND SECURITY PERSONNEL IN ACCORDANCE WITH C.R.S. § 18-12-214(4). Section 5. Section 17-53 of the Code of Laws, concerning the Park Rule on Weapons, is hereby amended as follows: Section 17-53. Weapons. (A) IT SHALL BE UNLAWFUL TO CARRY A DEADLY WEAPON UPON OR WITHIN ANY PARK OR RECREATION AREA WITHIN THE CITY IN ACCORDANCE WITH SECTION 16-89 OF THIS CODE. (B) It shall be unlawful to bring upon or to discharge within any park or recreation area within the city any weapon however described, including merely as means of description and not by way of limitation, guns of any caliber or description, including firearms, BB guns, pellet guns, and air guns, bows and arrows, slingshots, etc., or any explosive device or substance including fireworks. Section 6. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 7. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of May 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 24, 2021, at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this 24th day of May 2021. SIGNED by the Mayor on this 24th day of May 2021 Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved As To Form: Gerald E. Dahl, City Attorney First Publication: May 13, 2021 Second Publication: May 27, 2021 Jeffco Transcript Effective Date: June 11, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us Survey of Colorado governments restricting the open carry of firearms and/or deadly weapons on property owned by that government Government Yes No Ft. Collins X Superior X Bennett X Mountain Village X Aspen X Federal Heights X Lakewood X Breckenridge X Denver X Boulder X Parachute X Arvada X Golden X Jefferson County X Centennial X Westminster X Littleton X Northglenn X Creede X Minturn X Monte Vista X Del Norte X Collbran X La Jara X Kremmling X Edgewater X Louisville X ATTACHMENT 2 ITEM NO: 3 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2021 – AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE PUBLIC HEARING ORDINANCES FOR 1ST READING (05/10/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/24/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ____________________________ City Attorney City Manager 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. Consensus was reached by City Council at the April 5, 2021 study session to amend the ordinance to increase the number of individual permitted sound events from six to eight in a calendar year and to create a special permit process for all sound events over eight in a calendar year and make other clarifying amendments as described in the Prior Action section of the staff report. PRIOR ACTION: In 2005, City Council repealed the Disturbing the Peace Ordinance which was difficult to enforce as the only standard for noise enforcement was “sound at such a level, or at such an hour, as to disturb the peace of any other person.” Council replaced it with the Unnecessary Noise and Disturbing the Peace Ordinance which subjected any noise/sound to a more objective standard, specifically that it would be deemed unreasonable any sound is audible twenty-five (25) or more feet from the noise or sound source. The ordinance also dealt specifically with noise created in multi-unit dwellings and with trash truck pick-ups after 11:00 p.m. and before 7:00 a.m. Finally, the ordinance allowed any Council Action Form – Noise Ordinance May 24, 2021 Page 2 member of the police department, who personally observes a violation, to serve as the complaining party in the prosecution of such a violation. In 2012, City Council again took up this topic after complaints of unreasonable noise emanating from a restaurant/bar along 44th Avenue. An ordinance was drafted to amend the City’s ordinance to create a special permit program for amplified sound at outdoor events on private property, set date and time limits and to provide a limited number of exemptions. There was some interest from Council at the time in applying a numeric decibel standard to enforce noise complaints. However, the final draft ordinance as presented to Council relied on a “reasonableness” standard. The ordinance was postponed indefinitely at the public hearing on August 27, 2012. At the September 23, 2019 special study session, a discussion on noise was added to the agenda at the request of Councilmember Dozeman and former Councilmember Mathews. Resident complaints concerning unreasonable noise emanating from a manufacturing business in northwest Wheat Ridge prompted this request. After a brief discussion by City Council, consensus was reached to direct Staff to draft an ordinance with a “hybrid” approach to enforce noise complaints using both qualitative and quantitative measures, depending on zoning district. This issue was again addressed with City Council at the December 16, 2019 study session due to the fact that there was limited discussion at the September 23rd special study session and the Council now had four new councilmembers. The following consensus was received: 1. Create a hybrid approach for a noise ordinance (i.e. set decibel level limits for industrial zoned districts and use a reasonableness standard for all other zone districts) 2. Unreasonable noise is prohibited especially between the hours of 10 p.m. and 7 a.m. 3. Create a permit process for public events (live outside amplified music on patios, etc.) and special events (Carnation Festival, etc.) outside of the hours 10 p.m. to 7 a.m. 4. Any unreasonable noise 50' or more from noise source is prohibited 5. Provide exemptions for construction, fireworks, loading operations, homeowner activities, road improvements and fire and police On July 20, 2020 City Council reviewed a draft ordinance which was approved at a public hearing on August 24, 2020. On February 22, 2021 City Council approved an ordinance extending the effective date of Section 16-103.C of the Noise Ordinance, pertaining to industrial noise standards, until October 1, 2021. On April 5, 2021 a study session was held to review the permit process established in the City’s Noise Ordinance and to recommend potential amendments to such process to address concerns raised by a Wheat Ridge business. Consensus was reached by City Council to direct staff to bring back an Ordinance on first reading with the following amendments: Council Action Form – Noise Ordinance May 24, 2021 Page 3 1. Increase the number of individual outdoor amplified sound event permits from 6 to 8 annually and change from a rolling 12-month period to a 12-month calendar year. 2. Create a special use permit process for all outdoor amplified sound events over 8 in a calendar year. 3. Remove the requirement for businesses to notify residents and businesses within a 300-foot radius of permitted sound events. 4. Change the definition of “unreasonable noise” and add a new definition of “unavoidable noise”. 5. Strike the words “prima facie” in Section 16-103(b) 6. Add language to allow the City to revoke a business license for failure to comply with this ordinance 7. In the definition of “Amplified Sound” change the distance to measure audible noise from 50 feet to 100 feet [staff is proposing to increase it to 200 feet and to also increase the measurement for mobile noise from 50 feet to 100 feet]. 8. Create a section in the ordinance to allow businesses applying for outdoor amplified sound events to transition from the requirements of the current ordinance to the new proposed ordinance. 9. Amend Section 16-103(d) to clarify that amplified sound permits are for “outdoor” events FINANCIAL IMPACT: There is no significant financial impact to the City except for staff time to amend the ordinance and to implement and manage the permit process. BACKGROUND: The Acoustical Society of America has noted that “Cities try different tactics to regulate noise: Survey of noise ordinances in nearly 500 of the largest communities in the U.S. shows there’s no set standard to preserving peace and quiet.” This database of noise ordinances includes decibel-based standards, plainly audible standards, nuisance standards, quite zones and restrictions based on zoning, setbacks, time-of-day regulations, and outright bans on some noise sources. Many communities rely on a combination of these regulatory approaches. However, noise ordinances across the country are typically characterized as “qualitative” or “quantitative”. Qualitative noise ordinances are based upon vague standards that proscribe noise characterized by one or more adjectives, such as “unusual”, “unnecessary”, or “unreasonable”. This type of ordinance may also define certain sound related activities or specific noise sources to be annoying or disturbing and thus a violation of the ordinance. The qualitative ordinance is generally subjective in nature and is more likely to pose constitutional issues such as vagueness and is also more likely to be subject to enforcement at the discretion of local police and to non-uniform application. Quantitative ordinances, on the other hand, proscribe noise-producing conduct by decibel levels, applying scientific standards of sound intensity and frequency. The quantitative ordinance is capable of providing non-discretionary, objective and predictable standards. Quantitative standards are more Council Action Form – Noise Ordinance May 24, 2021 Page 4 amendable to tailoring in order to meet the specific, unique needs of a local community. Following is an illustration of common noise sources: The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. However, while decibel levels may be a more scientific measure of noise, they’re also difficult to enforce. Police Officers must be trained in the use of noise meters and they have to have their calibrated equipment with them to measure sound levels. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2021, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise, on second reading, and that it takes effect fifteen days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 07-2021, an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise for the following reason(s)_______________________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 07-2021 -1- ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously enacted Section 16-103 of the Code of Laws (the “Code”) concerning regulation of noise; and WHEAREAS, the Council finds it necessary to revise Section 16-103 to improve clarity and fair enforcement while also recognizing the needs of residents and businesses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-103 of the Code is amended as follows: Sec. 16-103. – Unreasonable noise; disturbing the peace. (a) Definitions. For the purposes of this section, the following terms shall have the meanings indicated: Amplified sound shall mean the use or operation of any loudspeaker, public address system, or other sound amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons OUTDOORS. Amplified sound shall not include sound which is not audible TWO HUNDRED (200) fifty (50) feet, MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE, FROM THE RECEIVING PREMISES. from the property line of the property upon which the sound source is located. Sound-amplifying equipment shall mean any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. Unreasonable noise shall mean any NOISE, WHICH BECAUSE OF ITS LOUDNESS AND FREQUENCY, WHILE TAKING INTO CONSIDERATION ITS LOCATION AND THE NATURE OF THE TYPICAL URBAN ENVIRONMENT, UNREASONABLY -2- DISTURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF REASONABLE PERSONS OF ORDINARY SENSITIVITY excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. Amplified sound event shall mean an outdoor event at which amplified sound is permitted pursuant to this section. Event location shall mean the real property owned or legally occupied by the permittee at which an amplified sound event is held, extending to the exterior property lines thereof. In the case of a residential neighborhood "block party" or similar function, the event location shall be the public street used for the event. UNAVOIDABLE NOISE SHALL MEAN NOISE GENERLLY ASSOCIATED WITH TRANSPORTATION REGULATED BY THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), FEDERAL HIGHWAY ADMINISTRATION (FHA), FEDERAL RAILROAD ADMINISTRATION (FRA), AND THE FEDERAL AVIATION ADMINISTRATION (FAA). SOME CONSTRUCTION NOISE CAN ALSO BE CLASSIFIED AS UNAVOIDABLE AND IS REGULATED ELSEWHERE. (b) Unlawful noise; residential and commercial properties. It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities including but not limited to the following: the sounding of any horn, signaling device, or similar device on any automobile, motorcycle or other vehicle; any amplified signal from any bell, chime, siren, whistle or similar device intended for nonemergency purposes; any signaling device including fire, burglar, siren, whistle unless in an emergency; radios, televisions, boom boxes, phonographs, stereos, musical instruments and similar devices UNAVOIDABLE NOISE DOES NOT QUALIFY AS UNREASONABLE NOISE. The foregoing noises and circumstances shall be deemed as prima facie unreasonable: if: (1) Any UNREASONABLE noise or sound which is audible fifty (50) ONE HUNDRED (100) or more feet from a mobile noise or sound source. (2) Any UNREASONABLE noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any UNREASONABLE noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible and MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE OF THE RECEIVING PREMISES, fifty (50) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes in a two (2) hour period. -3- (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 10:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (c) Unlawful noise; industrial properties. It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in table A. (1) The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this section. (2) The decibel level of any noise regulated on a decibel basis by this article shall be measured by a sound level meter. The test results shall be prima facie evidence if administered in conformance with the American National Standards Institute. In order to implement and enforce this article effectively, the chief of police shall promulgate standards and procedures for using and testing sound level meters used in the enforcement of this article. Table A: Allowable Noise Levels (in DBA) with Time of Day Allowance Receptor premises 7:00 a.m.—10:00 p.m./10:00 p.m.—7:00 a.m. Source premises Residential Commercial Industrial Industrial 55/50 65/60 80/75 (3) Notwithstanding the foregoing, a business owner in an industrial zone district, upon which there exists a noise source in operation at the time this subsection 16-103(c) becomes effective, may apply to the city manager for a permit for a different decibel level, requirement, and/or time limitation specific to such real property. Such real property owner will submit the following to the city manager as an application for such permit: a. A written request for the decibel level, time and day of week limitations and other elements of the permit desired. b. A noise study prepared by a licensed professional engineer supporting the ability of the applicant to comply with the permit levels and conditions requested or to be imposed. c. Any other documents required by the city manager to render the application complete. The city manager will review the application materials and meet with the applicant within thirty (30) days of such submittal, and shall recommend to city council approval, approval with conditions, or denial of the application by -4- city council. the decision of city council shall be the final decision of the city, subject to judicial appeal. Permit conditions may include but are not limited to: permitted decibel level(s), time and day of week limitations, term of permit and whether renewal periods are permitted, neighborhood outreach and education, contact for complaints, and authority for the city manager to revoke the permit for failure to comply with limitations and conditions. If the city council approves the permit the city manager will issue the permit. (d) Permit for OUTDOOR amplified sound event. No person shall CONDUCT AN OUTDOOR AMPLIFIED SOUND EVENT use or cause to be used any loudspeaker, loudspeaker system, sound amplifier or any other machine or device which produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner which exceeds the levels specified in subsection 16-103(b), without first obtaining a permit to do so. The event sponsor must apply for and receive Aan administrative permit for the event, on forms provided by the city clerk. An outdoor amplified sound event is permitted under this section under the following conditions: (1) A MAXIMUM OF EIGHT (8) PERMITS MAY BE ISSUED FOR THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, BY THE CITY CLERK, SUBJECT TO THE CONDITIONS AND RESTRICTIONS IN SUBSECTION 103(d)(3) BELOW. (2) IF AN APPLICANT WISHES TO OBTAIN PERMITS FOR MORE THAN EIGHT (8) OUTDOOR AMPLIFIED SOUND EVENTS AT THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, AN APPLICATION FOR ALL SUCH PROPOSED EVENTS MUST BE MADE TO AND ACTED UPON BY THE CITY MANAGER OR DESIGNEE AND, UPON APPEAL, BY THE CITY COUNCIL UNDER THE FOLLOWING PROCEDURES: i. THE APPLICATION SHALL BE FILED WITH THE CITY MANAGER. ii. A NEIGHBORHOOD MEETING ON THE APPLICATION SHALL BE HELD BY THE APPLICANT, UPON 10 DAYS WRITTEN NOTICE TO ALL BUSINESSES AND RESIDENTS WITHIN 300 FEET OF THE EXTERIOR PROPERTY LINE OF THE PROPOSED EVENT LOCATION. iii. THE CITY MANAGER MAY GRANT, GRANT WITH CONDITIONS, OR DENY THE APPLICATION, IN WHOLE OR IN PART, AND IN DOING SO MAY APPLY THE FOLLOWING CRITERIA, IN ADDITION TO OTHER SITE-SPECIFIC CONSIDERATIONS: A. PROXIMITY OF THE PROPOSED OUTDOOR AMPLIFIED SOUND EVENTS TO RESIDENTIAL NEIGHBORHOODS, MEDICAL FACILIITES AND SCHOOLS; B. THE APPLICANT’S HISTORY OF PAST COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION; -5- C. THE HARDSHIP TO THE APPLICANT, THE COMMUNITY AND OTHER PERSONS OF NOT GRANTING THE PERMIT AGAINST THE ADVERSE IMPACT ON THE HEALTH, SAFETY AND WELFARE OF PERSONS AFFECTED. iv. THE DECISION OF THE CITY MANAGER MAY BE APPEALED WITHIN 7 DAYS OF THE DECISION DATE BY THE APPLICANT OR ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF THE EVENT LOCATION BY FILING WRITTEN NOTICE OF THE SAME WITH THE CITY MANAGER. v. THE CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING ON THE APPEAL, FOLLOWING NOTICE TO THE APPLICANT AND ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF THE EVENT LOCATION. THE COUNCIL MAY UPHOLD, MODIFY, OR REVERSE THE CITY MANAGER’S DECISION, IN WHOLE OR IN PART. vi. THE DECISION OF THE CITY MANAGER, OR IF APPEALED, THE COUNCIL, SHALL BE THE FINAL DECISION OF THE CITY, SUBJECT TO JUDICIAL APPEAL. (3) ALL OUTDOOR AMPLIFIED SOUND EVENT PERMITS, SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS IN ADDITION TO THOSE IMPOSED BY THE CITY MANAGER IN EACH CASE: i. The application shall be approved, approved with conditions, or denied BY THE APPROVING AUTHORITY city manager after review by the police department and any other city department as appropriate. ii. No OUTDOOR amplified sound event permit may be issued for an event outside of the hours of 9:00 a.m. and 9:00 p.m. Sunday through Thursday and 9:00 a.m. and 10:00 p.m. Friday and Saturday. Within this time range, OUTDOOR amplified sound events may be limited in duration as determined by the APPROVING AUTHORITY city manager. A permit shall not be issued for the same location more than six (6) times during any one-year period. iii. The permit shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound which exceeds seventy-five (75) dBA when measured from the nearest receiving property. iv. Conditions may be imposed on the permit to address the nature and location of the specific event. Failure of the permittee to comply with the conditions may result in the permit being revoked. -6- The event sponsor shall post, at the event location, and deliver flyers to all residences and businesses within a three hundred (300) foot radius of the exterior property line of the event location, advising the surrounding neighborhood of the date and permitted times of the event, no later than seven (7) days before the event. v. The police department shall have authority to require the permittee to reduce the sound volume, curtail the hours of the event, or close the event entirely, if the sound level at the event, evaluated at the property line of the complaining party constitutes, in the police department's sound judgment, unreasonable noise. (4) An OUTDOOR amplified sound event for which a permit has been issued shall be exempt from the provisions of (b)(1), (b)(2) and (b)(3) of this section. (e) Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this section. (f) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party. (g) Any activity or noise source conducted or caused by an activity conducted or sponsored or approved by the city shall be exempt from the requirements of this section. (h) ENFORCEMENT. THE CITY MAY CANCEL, REVOKE, SUSPEND OR SUMMARILY SUSPEND THE BUSINESS LICENSE OF ANY BUSINESS WHICH PERMITS NOISE IN VIOLATION OF THIS SECTION, PURSUANT TO THE PROCEDURES IN CODE SECTIONS 11-30 THROUGH 11-32. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter, provided, however, holders of OUTDOOR amplified sound event permits issued prior to the effective date hereof shall be entitled to: (1) rely on such permits as valid for the entire calendar year 2021, and (2) apply for no more than two (2) additional permits for calendar year 2021 pursuant to Section 16-103(d)(1) as revised hereby. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of May 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set -7- for May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 24th day of May 2021. SIGNED by the Mayor on this 24th day of May 2021. ________________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: May 13, 2021 Second Publication: May 27, 2021 Jeffco Transcript Effective Date: June 11, 2021 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 28-2021 – A RESOLUTION REMOVING A MEMORANDUM OF ACTION MAKING AN HISTORIC DESIGNATION FOR THE JOY WILLIAMS BARN (CASE NO. WHL-21-01) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: An historic designation for a wooden barn structure at 11460 (now 11480) W. 44th Avenue was approved by the City Council in 1998, pursuant to the City's historic preservation Article 9 in Chapter 26 of the Code of Laws. As required by the Code, a Memorandum of that designation was recorded with the Jefferson County Clerk & Recorder. However, the Code does not require that the grantee or grantor of such a designation be listed on the recorded Memorandum, and a subsequent purchaser of the property took title without notice of the designation. The owner has requested the designation be removed due to this defect in the original Memorandum. PRIOR ACTION: In 2019 the property owner requested the designation be removed. After conducting a public hearing on June 10, 2019, a motion to do so failed for lack of a second. City Council then asked the staff to work together with the owner and return with considerations for the property moving forward. Council was presented with several options in early 2020 study sessions, including partnering on a historic structure assessment grant, consideration of removal of the historic designation, acquiring the property, or taking no action. After exploring these options, no action was ultimately taken on. Council Action Form – Joy Williams Barn May 24, 2021 Page 2 FINANCIAL IMPACT: None. BACKGROUND: In 1998, Joy Williams, the owner of property at 11460 W. 44th Avenue (now addressed as 11480), applied to the City Council to request the barn located on that property be designated as an historic landmark in the City. On July 27, 1998, the City Council approved an ordinance designating the barn as an historic landmark pursuant to the Code process and directed that a memorandum of that action be recorded with Jefferson County Clerk & Recorder. This was done, and a copy of the 1998 Memorandum of Action is attached. The designation as recorded describes the property as the Joy Williams barn addressed at 11460 W. 44th Avenue, with an attached legal description. Since 1998, the property has changed hands, and the address was changed to 11480. The current owner, Sandra McEntire, bought the property in 2013. RECOMMENDATIONS: The City Attorney advises that because the original Memorandum of historic designation did not reflect the grantor or grantee of such designation, the designation was ineffective as to later purchasers, and should be removed. The attached Resolution accomplishes this action. RECOMMENDED MOTION: “I move to approve Resolution No. 28-2021, a resolution removing a Memorandum of Action making an historic designation for the Joy Williams barn.” Or, “I move to postpone indefinitely Resolution No. 28-2021, a resolution removing a Memorandum of Action making an historic designation for the Joy Williams barn for the following reason(s) ___________________________________________________________________. REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 28-2021 2. 1998 Memorandum of Action 3. Aerial photograph of subject property 4. Letter from Sandra McEntire ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 Series of 2021 TITLE: A RESOLUTION REMOVING A MEMORANDUM OF ACTION MAKING AN HISTORIC DESIGNATION FOR THE JOY WILLIAMS BARN WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by its electors and governed by its City Council; and WHEREAS, on July 27, 1998 the Wheat Ridge City Council adopted Ordinance No. 1127, Series 1998 designating the Joy Williams barn, located at 11460 W. 44th Avenue as an historic landmark in the City of Wheat Ridge; and WHEREAS, pursuant to the Wheat Ridge Code of Laws, the City recorded with the Jefferson County Clerk & Recorder a Memorandum of Action Historic Designation Joy Williams Barn designating the historic landmark on August 24,1998 at Reception No. F0679941; and WHEREAS, the legal description of the property which underlies the barn and is affected by the historic landmark designation is attached hereto as Exhibit A; and WHEREAS, the description of the property is currently identified as 11480 W. 44th Avenue, not 11460 as referenced in the Memorandum of Action Historic Designation Joy Williams Barn; and WHEREAS, pursuant to Code Section 26–913, the owner of the real property affected by the historic designation has requested that the Council remove the same; and WHEREAS, the City Attorney has advised that because the original Memorandum of Action Historic Designation Joy Williams Barn did not reflect the grantor or grantee of such designation, the designation was ineffective as to later purchasers, and should be removed; and WHEREAS, pursuant to Code Section 26-913, the City Council conducted a proper public hearing, following notice as required by Code Section 26–905.D on the request to remove the designation and is of the opinion that said removal is appropriate and warranted. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Historic designation removed. Pursuant to Section 26-913 of the Wheat Ridge Code of Laws the City Council hereby removes the historic designation with respect to the property described on Exhibit A hereto (and currently identified as 11480 W. 44th Avenue), as such designation was filed in the Memorandum of Action Historic Designation Joy Williams Barn recorded at Reception No. F0679941 in the records of the Jefferson County Clerk & Recorder on August 24, 1998. The Mayor and City Clerk are authorized and directed to execute this Resolution and the City Attorney is authorized and directed to arrange for recording of the same. Section 2. Effective date. This Resolution shall be effective upon approval by the City Council and electronic signature by the Mayor. DONE AND RESOLVED this 24th day of May 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk State of Colorado ) ) ss County of Jefferson ) The foregoing Resolution was acknowledged before me this ____ day of __________, 2021 by Bud Starker, Mayor. SEAL ___________________________________ Notary Public My commission expires: _______________ State of Colorado ) ) ss County of Jefferson ) The foregoing Resolution was acknowledged before me this ____ day of __________, 2021 by Steve Kirkpatrick, City Clerk. SEAL ___________________________________ Notary Public My commission expires: _______________ EXHIBIT A Legal Description of Subject Property That part of the southwest ¼ of the northwest ¼ of Section 21, Township 3 south, Range 69 west of the 6th p.m., Jefferson County, Colorado, more particularly described as follows: Commencing at point on the south line of the northwest ¼ of the southwest ¼ of said Section 21, 226.6 feet east from the southwest corner thereof; Thence east along the south line of said Tract 236.4 feet; Thence north at right angles 1936 feet more or less to a point on the south side of the County Road running west from Boyd’s Bridge; Thence westerly along the south side of said County Road to a point 226.6 east of the west line of said Section 21; Thence south parallel with the west line of said section 1928 feet more or less to the place of beginning; Except those parcels describe in Book 723 at Page 472, Book 1879 at Page 640, Book 2328 at Page 695, Book 2332 at Page 502, Book 3032 at Page 480, and Book 2584 at Page 922, re-recorded December 15, 1989 at Reception No. 89109119, and February 6, 1990 at Reception No. 90010842. ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ITEM NO: 5 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2021 – AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIANS HINDERING THE FLOW OF TRAFFIC PUBLIC HEARING ORDINANCES FOR 1ST READING (05/24/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/14/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce motorist and pedestrian crashes by prohibiting actions by pedestrians that obstruct or hinder traffic, including pedestrians being physically in traffic lanes or extending objects, hands, etc., into traffic lanes. PRIOR ACTION: This code amendment was first raised with City Council at the October 19, 2020 study session. Consensus was reached by City Council to bring forward an ordinance for consideration to address pedestrians hindering the flow of traffic. The ordinance was approved on first reading at the December 14, 2020 council meeting. However, a motion was made and approved at the January 25, 2021 council meeting to cancel the public hearing on the ordinance and republish for a future public hearing after the item was reviewed again in study session. Consensus was reached at the May 17, 2021 study session to bring the ordinance, with minor amendments, back for 1st and 2nd reading. Council Action Form – Pedestrians hindering traffic May 24, 2021 Page 2 FINANCIAL IMPACT: Enacting this ordinance is not expected to have any significant fiscal impact. BACKGROUND: Pedestrian use of roadway center medians and roadways for various reasons is continuing to increase in Wheat Ridge. This ordinance is intended to reduce motorist and pedestrian crashes by regulating pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or hinders traffic flow, and soliciting in areas that are unsafe for such activity. The ordinance adopts a new section of the Code governing pedestrian and traffic safety. This ordinance provides Wheat Ridge police officers with an enforcement tool to maintain separation between motorists and pedestrians, thereby reducing motorist and pedestrian crashes and improving overall traffic safety in the City. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 08-2021, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrians hindering the flow of traffic, order it published, public hearing set for June 14, 2021 at 7:00 p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 08-2021, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrians hindering the flow of traffic, for the following reasons: ______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 08 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIANS HINDERING THE FLOW OF TRAFFIC WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, it is incumbent on both pedestrians and motorists to be vigilant and consider the safety of others; and WHEREAS, the dangers associated with interactions between motorists and pedestrians increase the government’s interest in controlling pedestrian interactions with motorists in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to traffic will increase pedestrian and traffic safety; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-69, Pedestrian Hindering the Flow of Traffic is hereby adopted within Chapter 16, Miscellaneous Offenses, of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-69. Pedestrian hindering the flow of traffic. a. Legislative declaration; purpose. The city council hereby finds that collisions between pedestrians and motorists in Wheat Ridge have increased significantly and declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and motorist interactions throughout the city. b. The purpose of this ordinance is to reduce dangers to persons and property, to prevent traffic delays, and to avoid interference with traffic. Efforts to reduce the possibility that pedestrians may interfere with vehicular traffic are key to promoting pedestrian and traffic safety. The city council finds that this ordinance is necessary to protect the health, safety, and welfare of the public. c. Definition. The following word, when used in this section, shall have the meaning ascribed to it in this section, except where the context clearly indicates otherwise: • Obstruct means to render impassable or to render passage unreasonably inconvenient or hazardous, and includes but is not limited to, conduct such as extending objects into the traveled portion of a roadway. d. Unlawful act. It shall be unlawful for any person to willfully and unnecessarily hinder, obstruct, or delay traffic, or to willfully and unnecessarily attempt to hinder, obstruct, or delay any other person who is lawfully driving or traveling along or upon any roadway so as to interfere with the effective movement of traffic. e. Exception: This section shall not apply to any person within a crosswalk who lawfully entered the crosswalk and is crossing from one side of the traveled portion of the roadway for that period of time reasonably necessary to cross over the roadway. f. Penalty. Any violation of this section may be punished by a fine not to exceed the limits established in section 1-5 of this Code or such alternative sentence as the Municipal Judge shall determine. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 24th day of May 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 14, 2021 at 7:00 o’clock p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 14th day of June 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: May 27, 2021 2nd publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 6 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2021 – AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND IN CONNECTION THEREWITH AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED PUBLIC HEARING ORDINANCES FOR 1ST READING (05/24/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/14/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce motorist and pedestrian crashes by regulating center medians that are unsafe for occupation by pedestrians. The ordinance adopts a new section of the Wheat Ridge Code of Laws governing pedestrian and traffic safety and amends the current section on solicitation activities to add a legislative declaration. PRIOR ACTION: This code amendment was first raised with City Council at the October 19, 2020 study session. Consensus was reached by City Council to bring forward an ordinance for consideration to address pedestrian use of roadway center medians. The ordinance was approved on first reading at the December 14, 2020 council meeting. However, a motion was made and approved at the January 25, 2021 council meeting to cancel the public hearing on the ordinance and republish for a future public hearing after the item was reviewed again in study session. Council Action Form – Use of Roadway Medians May 24, 2021 Page 2 Consensus was reached at the May 17, 2021 study session to bring the ordinance, with minor amendments, back for 1st and 2nd reading. FINANCIAL IMPACT: Enacting this ordinances is not expected to have any significant fiscal impact. BACKGROUND: Pedestrian use of roadway center medians and roadways for various reasons is continuing to increase in Wheat Ridge. This ordinance is intended to reduce motorist and pedestrian crashes by regulating pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or hinders traffic flow, and soliciting in areas that are unsafe for such activity. The ordinance adopts a new section of the Code governing pedestrian and traffic safety. This ordinance provides Wheat Ridge police officers with an enforcement tool to maintain separation between motorists and pedestrians, thereby reducing motorist and pedestrian crashes and improving overall traffic safety in the City. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 09-2021, an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, order it published, set for public hearing on June 14, 2021 at 7:00 p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 09-2020, an ordinance adopting section 16-70 of the Wheat Ridge Code Of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, for the following reason(s):______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 09 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, traffic safety statistics for the City also demonstrate that traffic crashes resulting in pedestrian fatalities occur along roadways that carry higher volumes of motorists or that are posted with higher speed limits; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, it is incumbent on both pedestrians and motorists to be vigilant and consider the safety of others; and WHEREAS, the dangers associated with interactions between motorists and pedestrians increase the government’s interest in controlling pedestrian interactions with motorists in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, the primary purpose of a roadway center median is to enhance the safety of and ensure the free flow of traffic on roadways by separating opposing lanes of vehicular traffic, channeling traffic for turning purposes, and, within designated areas, to provide a temporary refuge for pedestrians crossing busy or wide roadways; and WHEREAS, an individual who occupies or uses a roadway center median area that is not designed or suitable for pedestrian use creates a safety hazard danger for himself or herself and for traffic in the adjacent roadway; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to motorists will increase pedestrian and traffic safety; and WHEREAS, the use by pedestrians of entry and exit ramps along Interstate highways for sales or collection transactions with passing motorists poses a special safety hazard to the pedestrians where no safe pull-out or parking areas exist, and also creates a distraction for passing motorists which can inhibit the free flow of traffic; and WHEREAS, alternative means and locations for sales and solicitations are available elsewhere throughout the City; and WHEREAS, prohibiting the use of certain areas along certain highways for sales or solicitations will directly advance the safety and welfare of the public; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-70, Pedestrian Use of Roadway Center Medians, is adopted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-70. Pedestrian use of roadway center medians. a. Legislative declaration; purpose. The city council hereby finds that collisions between pedestrians and motorists in Wheat Ridge have increased and declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and motorist interactions throughout the city. Certain higher speed roadways in Wheat Ridge have center medians that are designed to separate traffic and channel the flow of traffic through turns and intersections. Except for crosswalk refuge areas, such center medians were not designed and are not suitable for access, occupation, or use by pedestrians. Pedestrians who use center medians not designed for pedestrian use may distract or even startle drivers, especially along higher speed roadways. This endangers the pedestrian as well as drivers and their passengers. The purpose of this section is to reduce the number of situations during which pedestrians are in close proximity to the traveled portion of a higher speed roadway. The city council finds this ordinance will promote pedestrian and traffic safety and is necessary to protect the health, safety, and welfare of the public. b. Definitions. The following words or phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context otherwise indicates: Higher speed roadway means a roadway within the city within which a center median is present. Center median means the area that divides a roadway carrying traffic in opposite directions, and which is defined by signage, painting, curbing, landscaping, or other obstacles. Temporary pedestrian refuge area means that part of a crosswalk that is located within or at the end of a center median that is designed to allow a pedestrian to safely pause before continuing to cross from one side of a roadway to the other. Traffic calming device means a speed bump or speed bump placed upon the roadway, as well as landscaped or other median located on side of pedestrian crosswalks, the purpose of which is to slow traffic. c. Unlawful act. It shall be unlawful for any person to access, occupy, use, assemble or congregate on or about any center median not designed or suitable for pedestrian use that has been posted, either on such center median not designed or suitable for pedestrian use or at the crosswalk access points to such center median, with a sign pursuant to this section prohibiting such access, occupancy, use, assembly, or congregation. Exceptions: This section shall not apply to: 1. A person using that portion of a center median designed as a temporary pedestrian refuge along a crosswalk if the person was not able to safely cross the entire roadway during the traffic signal pedestrian phase or green light signal phase. This exception allows a person to occupy the pedestrian refuge area for the duration of one traffic signal cycle before crossing the entire roadway; 2. A local, state, or federal law enforcement officer or authorized first responder engaged in the performance of his or her official duties; 3. A city or state employee or contractor authorized by the city manager or designee thereof, or by the state, to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon; or 4. An employee or contractor of a utility company authorized by the city or the state to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon. d. Determination. The traffic engineer may prohibit pedestrian access, occupancy, use, assembly, or congregation on or about any center median not designed or suitable for pedestrian use by having posted or placed upon, or at the crosswalk access points to, such center median not designed or suitable for pedestrian use a sign that reads “unlawful to occupy center median,” or that contains similar language. Only a center median that lies along a higher speed roadway may be posted under this section. A sign posted or placed under this section must be posted or placed in a way that is reasonably calculated to provide effective notice to an ordinarily observant person entering upon the center median. However, there is no requirement that the sign be visible from every position on or about the center median or from every position at or about the crosswalk access points to such center median. e. Sign constitutes prima facie evidence of notice. The posting or placement of a sign reading “unlawful to occupy center median” or similar language upon a center median or at the crosswalk access points to such center median shall be prima facie evidence that the notice was sufficient. The prosecution is not required to prove that the sign was visible from every position on or about the center median or at the crosswalk access points to such center median. f. Strict liability. A violation of any provision of this section is strict liability in nature. No culpable mental state or mens rea of any type or degree shall be required to prove a violation of this section. g. Penalty. Any violation of this section may be punished by a fine not to exceed the limits in section 1-5 of this Code or such alternative sentence as the Municipal Judge shall determine. Section 2. Section 16-113, Sales and solicitation in certain places prohibited, of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 16-113. Sales and solicitation in certain places prohibited. a. LEGISLATIVE DECLARATION; PURPOSE. UNDER CERTAIN CIRCUMSTANCES, PEDESTRIAN SOLICITATION DIRECTED AT MOTORISTS OPERATING ON A ROADWAY CREATES SAFETY HAZARDS TO THE PUBLIC. IN ADDITION, THE PRESENCE OF PEDESTRIANS ON INTERSTATES 70 AND 76, AND ON ENTRANCE AND EXIT RAMPS THERETO CAUSES SAFETY CONCERNS AS A RESULT OF THE HIGH RATES OF SPEED PERMITTED AND THE LACK OF PULL-OFF LOCATIONS OR VEHICLE PARKING AREAS THAT WOULD OTHERWISE FACILITATE TRANSACTIONS IN THESE AREAS. THE PURPOSE OF THIS SECTION IS TO PROVIDE FOR THE SAFETY OF THE PUBLIC RELATED TO SOLICITATION ACTIVITY AS DESCRIBED BELOW. THE CITY COUNCIL FINDS THIS ORDINANCE WILL PROMOTE PEDESTRIAN AND TRAFFIC SAFETY AND IS NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. b. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway or entrance to or exit from any highway included in the interstate highway system within the city when such solicitation or collection: (1) causes the person performing the activity to enter onto the traveled portion of a street or highway; or (2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or (3) The person performing the activity is located such that motorists cannot move their vehicle into a legal parking area to safely conduct the transaction. c. No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property or has posted a sign clearly indicating that solicitations are not welcome on the property. d. The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning: Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic. INTERSTATE HIGHWAY MEANS ANY PORTION OF A ROADWAY WITHIN THE CITY THAT HAS BEEN DESIGNATED BY THE FEDERAL GOVERNMENT AS PART OF THE INTERSTATE HIGHWAY SYSTEM, OR THAT IS A CONTROLLED ACCESS HIGHWAY OR BELTWAY, AND INCLUDES ANY ENTRANCE TO OR EXIT FROM THAT ROADWAY. e. Penalty. Any violation of this section may be punished by a fine not to exceed the limits established in section 1-5 of this Code or such alternative sentence as the Municipal Judge shall determine. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 24th day of May, 2021, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for June 14, 2021 at 7:00 o’clock p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 14th day of June 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: May 27, 2021 2nd publication: June 17, 2021 Jeffco Transcript Effective Date: July 2, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 7 DATE: May 24, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Due to recent resignations, there are vacant seats on the following boards and commissions. Board of Adjustment, At Large position, term to expire March 2, 2023; Cultural Commission, District I, District III, and District IV positions, all terms to expire March 2, 2023; Liquor License Authority Board, District I position, term to expire March 2, 2022. FINANCIAL IMPACT: None. BACKGROUND: Following these resignations, the City Clerk’s office advertised the positions accordingly in the Jeffco Transcript along with the city website, channel 8 and various other media outlets. The application period was open from Friday, April 16th until Friday, May 7th. A total of seven applications were received. Three applications for Board of Adjustment, one for Cultural Commission and three for Liquor License Authority Board. Section. 2-53 (c) of the City Code states in part: “………All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident……… “ Council Action Form – Boards and Commissions Appointments May 24, 2021 Page 2 Applications have been received for the following Boards and Commissions. District I: 1. Jonathan Schelke – Board of Adjustment 2. Kathleen Martel – Cultural Commission 3. Morgan Richards – Liquor License Authority Board District II: 1. Megan Schmelzer – Board of Adjustment 2. Todd Hansen – Board of Adjustment 3. James Amidon – Liquor License Authority Board 4. Rocco Germano – Liquor License Authority Board RECOMMENDED MOTION: “I move to appoint ______________________ to the ______________________ Board/Commission: term to expire _______________________.” REPORT PREPARED BY: Danitza Sosa, Administrative Assistant to the Mayor and Council Robin Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Motions by district 2. Applications by district MOTIONS FOR BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: ______________________ to the Cultural Commission, term ending 3/2/23 ______________________ to the Liquor License Authority Board, term ending 3/2/22 DISTRICT II I move to appoint: ______________________ to the Liquor License Authority Board, term ending 3/2/22 AT LARGE I move to appoint: ______________________ to the Board of Adjustment, term ending 3/2/23 ATTACHMENT 1 DISTRICT I APPLICATIONS ATTACHMENT 2 Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #56059 Date Submitted: 2/9/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* If appointed, you agree to attend regular meetings(typically monthly), review materials prior to meetings, and Are there certain times when you wouldn't be available due to job or other committments? Yes No help with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Notices, agendas and communications are sent electronically or posted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #58451 Date Submitted: 5/5/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #57883 Date Submitted: 4/20/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings(typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due tojob or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) LinkedIn.pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa DISTRICT II APPLICATIONS Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #57873 Date Submitted: 4/20/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings(typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due tojob or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #58147 Date Submitted: 4/27/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings(typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due tojob or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #57890 Date Submitted: 4/20/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term ofApplication* District I District II District III District IV In which district doyou reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name*Last Name* Address1* Address2 Application for Boards and Commissions - Submission #58150 Date Submitted: 4/27/2021 City*State*Zip* Phone Number*Alternate Phone Number Email Address* Current Occupation Employer Yes No Are you a Wheat Ridge resident?*If yes, how long have you been aresident?Yes No Are you a registered voter?* Yes No Have you served on a Board,Commission, or Committeebefore?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do youthink you can have an impact on these issues?* Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board,committee or commission:* Please specify any activities which might create a conflict of interest that would prevent you from taking official action should yoube appointed to this board, committee or commission:* Yes No If appointed, you agree to attend regular meetings(typically monthly), review materials prior to meetings, andhelp with occasional projects. Time commitment can vary.Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due tojob or other committments? Notices, agendas and communications are sent electronically orposted online. Please describe your level of comfort usingtechnology. Upload any additional supporting documents (e.g. resume,cover Letter) no file selected All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify Imeet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person orvirtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed,frequent nonattendance may result in termination of the appointment.* I understand some positions may require a criminal background check to be conducted. In the event that applies for thisposition, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * Yes For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed,completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa