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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 06-14-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 14, 2021 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City 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 June 14, 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: 857 0138 8673 Passcode: 884510 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL or translation service for languages other than English are asked to contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES City Council minutes of May 24, 2021 and Study Session notes of June 7, 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. CITY COUNCIL AGENDA: June 14, 2021 Page -2- 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. Resolution No. 29-2021 – a resolution concerning the proposed financing of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan Area, and the proposed issuance of certain tax increment revenue refunding and improvement bonds by the Wheat Ridge Urban Renewal Authority in connection therewith; declaring the City Council’s present intent to appropriate funds to replenish the reserve fund securing such bonds, if necessary; and authorizing a cooperation agreement and other related actions 2. Resolution No. 31-2021 – a resolution approving a special use permit and height variance to allow a new freestanding commercial mobile radio service (CMRS) facility on property zoned Residential-Two (R-2) and located at 7500 W. 29th Avenue 3. Resolution No. 33-2021 – a resolution approving a Memorandum of Understanding between the City of Wheat Ridge and the Jefferson Conservation District for the Regenerate Wheat Ridge Growing Urban Agriculture Partnerships project 4. 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 5. 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 ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 30-2021 – a resolution of the City of Wheat Ridge, Colorado approving an intergovernmental agreement concerning the proposed finance of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan area secured by the proposed incurrence of a bond by the Wheat Ridge Urban Renewal Authority to be secured by certain tax increment revenues generated by the plan area 7. Resolution No. 32-2021 – a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,134,656 for the purpose of funding employee positions, vehicles, priority projects and other operating expenditures that were excluded from the 2021 budget due to COVID-19 related budget constraints CITY COUNCIL AGENDA: June 14, 2021 Page -3- 8. A Motion approving the revised Council Rules of Order and Procedure dated June 14, 2021 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 24, 2021 Note well – barring any unforeseen exigencies or unpredictable difficulties, Council will meet in person for the first time since March 2020 in Council Chambers at City Hall for the Study Session on June 7, 2021. Please, consult the City’s website for further details about reservations to attend if you are a member of the public and how to participate virtually on Zoom (the session will be a hybrid of in person and live remotely). 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; Police Chief Chris Murtha; Director of Parks and Recreation, Karen O’Donnell; Recreation Director, Susan Anderson; Lynette Namba, from Healthy Wheat Ridge; Sara Robbins representing the LGBTQ+ community; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. Men’s Health Month Mayor Starker Proclaimed the month of June 2021 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. City Council Minutes May 24, 2021 page 2 Healthy Active Living Month Mayor Starker Proclaimed the month of June as Healthy Active Living Month where June is a great month to promote active living opportunities and educate residents about the importance of being physically active 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. Ms. Namba of Healthy Wheat Ridge graciously accepted the proclamation and commented on its importance. Safety Month Mayor Starker Proclaimed the month of June the City of Wheat Ridge Safety Month. Where 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, the City works to prevent accidental injuries by educating employees about safe and healthy practices in the workplace through training and encouragement to remain vigilant and safe. Ms. Scheck acknowledged the Mayor’s proclamation and commented on the City’s efforts to promote a safe workplace and safety among our businesses and residents. The City has an exceptional Safety Committee, headed by Amber Garrett, who has “rejuvenated this important effort.” Our exceptional safety record has earned the City greatly reduced workplace injury insurance premiums, allowing those savings to go toward other City spending. LGBTQ Pride Month Mayor Starker also Proclaimed the month of June as LGBTQ Pride Month where the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom and 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. Sara Robbins, representing the LGBTQ community and Chris Miller, our City Treasurer, thanked the Mayor and Council for this proclamation. Mr. Miller praised the residents of the City for making this an inclusive place where he, an openly gay man, has been elected to public office. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of May 10, 2021, Special Study Session Notes of May 10, 2021, and Study Session Notes of May 17, 2021 were approved as published. City Council Minutes May 24, 2021 page 3 APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:16 PM. Nobody came forward to speak on items NOT on the agenda. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this Council Meeting. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:05 PM 1. 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. Mayor Starker opened the public hearing. Public Comments The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1711 Staff Report City Attorney Gerald Dahl recalled the previously reviewed memo from Judge Randall, requesting his reappointment as Municipal Judge for a two-year period. City Council Minutes May 24, 2021 page 4 Public Comment Nobody came forward to speak on this item. Council Questions and comments Council had no further questions or comments. Mayor Starker closed the public hearing. 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 second reading, and that it take effect upon adoption, seconded by Councilmember Stites. Councilmembers Weaver and Hultin thanked the Judge for his exceptional contributions to the City. Ms. Hultin recalled a day she appeared before Judge Randall in Animal Court. She recalled being the last respondent of the day and that while she waited for several hours for her turn, she learned a great deal about the City. Motion carried 8-0. 2. Council Bill 05-2021 – An Ordinance prohibiting deadly weapons on City property and making other amendments consistent with state weapons laws Councilmember Stites introduced Council Bill No. 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. Mayor Starker opened the public hearing at 7:26 p.m. Staff Report City Attorney Gerald Dahl reviewed the background on the item and noted that Municipalities in Colorado have the authority to regulate the possession of certain firearms and deadly weapons in specific settings. Many Colorado municipalities have had similar prohibitions against openly carrying firearms and other deadly weapons in public settings 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 City Council Minutes May 24, 2021 page 5 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. Public Comment No one came forward to speak. Council Questions and comments Councilmembers asked whether this proposed ordinance addresses the propriety of a person walking along a public street openly carrying a firearm or other deadly weapon. Ms. Dahl and Mr. Goff gave a detailed answer to the question. Councilmember Urban asked about the language surrounding the magnetometer used in the lobby of City Hall and whether the ordinance would mean that all persons entering City Hall would be checked for weapons. Mr. Goff and Mr. Dahl gave a detailed response. Does this draft ordinance impact a person with a valid concealed carry permit? No; state law does not allow the City to restrict concealed carry (except in Municipal Court). Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve Council Bill 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, seconded by Councilmember Urban, motion carried 8-0. 3. Council Bill 07-2021 – An Ordinance amending Section 16-103 of the Wheat Ridge Code of Laws, concerning regulation of noise Councilmember Nosler Beck introduced Council Bill No. 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 City Council Minutes May 24, 2021 page 6 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. Mayor Starker opened the public hearing at 7:36 p.m. Staff Report City Attorney Gerald Dahl reviewed Council’s prior actions on the item, including past study session and council bills. Mr. Goff listed the changes that this revision to the Noise Ordinance enacts, including increasing the number of Amplified Sound Event Permits from 6 to 8 for any location and changes to how and where sound will be measured. Public Comment Laura Jenkins, 9715 W. 43rd. Avenue. Called to thank the Council for its work on this revised ordinance. She asked how the Special Use Permit process will work, specifically with respect to one event at a time vs. multiple events. She urged Council to clarify that language. Could a business use the SUP avenue to hold 30 or 40 events during the summer? Mr. Goff replied to Ms. Jenkins’s questions, explaining how the SUP process will work, in an effort to maintain fairness to businesses and residents, and to allow for individualized conditions to be imposed in any given location given that location’s unique attributes. Aaron McCallister, 9701 W. 44th Avenue (T-Bird Roadhouse). He called to comment on the new ordinance and the changes. He also disclosed his experiences as a business owner complying with the Noise Ordinance. He asserted that residents even near his business will not hear sounds louder than typical suburban neighborhood experiences from traffic and machinery like lawn mowers and leaf blowers. He supports the changes to the ordinance. He does not feel that our residents understand their rights under the Ordinance, or their responsibilities to get a permit for a party on their own property or in a street event. Mayor Starker closed the public hearing. Council Questions and comments Councilmember Weaver addressed some of the comments the callers made during the Public Comment portion of this hearing. She noted that if she holds an amplified sound event in her garden and makes too much noise then any impacted resident can call the WR Police Department, who will respond and enforce the Noise Ordinance. She also City Council Minutes May 24, 2021 page 7 noted that she could hold such an event, if it complies with the law, up to eight times a year. Do Amplified Sound Event Permits have a cost? No. How much time is involved to issue a permit and what does it cost the City? City Clerk Kirkpatrick gave a detailed reply. Councilmember Hultin asked detailed questions about the location and methods to measure sound emitting from a residence or business. Mr. Goff and Chief Murtha replied with detailed reasons for their recommendation that these changes get incorporated into this new ordinance language. The officers responding to calls for service reported their experiences with enforcing the current Noise Ordinance language. Councilmember Hultin asked whether an SUP applicant would have to disclose when making application details like how many events, the types of events and similar information so that the City Manager can make a determination in individual cases. Mr. Goff responded that he would have the option to ask for more detailed information when someone applies for a SUP. Councilmember Hultin asked how the SUP could be enforced if a permitee violates the ordinance repeatedly or egregiously. Mr. Dahl replied that the City Manager has the power to suspend or revoke the SUP, and in extreme cases initiate the process of suspending or revoking the offender’s Wheat Ridge Business License. Motion by Councilmember Nosler Beck to approve Council Bill 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, seconded by Councilmember Hoppe, motion carried. In discussion of the motion, Councilmember Hoppe responded to those who think the ordinance has been too rushed. She recounted the several times beginning in 2019 that Council has discussed noise ordinances. 4. Resolution No. 28-2021 – A Resolution removing a Memorandum of Action making an historic designation for the Joy Williams barn Councilmember Dozeman introduced Resolution No. 28-2021 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. City Council Minutes May 24, 2021 page 8 Mayor Starker opened the quasi-judicial public hearing at 8:04 p.m. The Mayor reminded the public that by speaking before Council during this hearing they are bound by law to speak the truth, all of the truth and nothing but the truth. Staff Report Mr. Dahl, reprised the discussions, background, and opined that, because the original Memorandum of historic designation did not reflect the grantor or grantee of such designation, the designation was without force or effect, and should be removed to establish a clear title to the property so that it can be conveyed cleanly. Mr. Dahl commented that he supports this action for a variety of legal reasons. Public Comment Douglas Brown, Esq. representing the owner of the subject property, a legal entity called It’s for the Birds. Mr. Brown explained why the designation needs to be removed for benefit of his client. No others came forward to speak. The Mayor closed the public comment portion of the public hearing. Council Questions and comments Based on previous discussions of this resolution, Council had no further questions or comments. Motion by Councilmember Dozeman to approve Resolution No. 28-2021 – A Resolution removing a Memorandum of Action making an historic designation for the Joy Williams barn, seconded by Councilmember Urban; motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at 8:13 pm. 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 Councilmember Hultin introduced Council Bill 08-2021. The ordinance is intended to reduce motorist collisions with other vehicles and pedestrian collisions by prohibiting pedestrians from obstructing or hindering the flow of vehicular traffic, including pedestrians such behaviors as entering physically in traffic lanes or extending objects, hands, etc., into traffic lanes. Motion by Councilmember Hultin to approve Council Bill 08-2021- an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrians hindering the flow of traffic, on first reading for the sole purpose of ordering it published for a public hearing set for June 14, 2021 at 7 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 City Council Minutes May 24, 2021 page 9 COVID-19 restrictions and if adopted, that it take effect 15 days after final publication; seconded by Councilmember Urban; motion carried 8-0. 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 Councilmember Urban introduced Council Bill 09-2021. 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. Motion by Councilmember Urban to approve Council Bill 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, on first reading for the sole purpose of ordering it published for a public hearing set for June 14, 2021 at 7 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 if approved, that it take effect 15 days after publication; seconded by Councilmember Hutchinson; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:14 PM 7. Motion to approve appointment of representatives to Boards and Commissions Councilmember Hoppe introduced the Motion. 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. Motion by Councilmember Hoppe Kathleen Martel to Cultural Commission, District I, term to expire 3/2/23, and to approve Morgan Richards to Liquor License Authority Board, District I, term to expire 3/2/22, seconded by Councilmember Hutchinson; motion carried 8-0. Motion by Councilmember Hoppe Todd Hansen to the Board of Adjustment, at large, term ending 3/2/23; seconded by Councilmember Urban 8-0. City Council Minutes May 24, 2021 page 10 Motion by Councilmember Urban to appoint Rocco Germano to Liquor License Authority Board, District II, term to expire 3/2/22, seconded by Councilmember Hultin; motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff reminded everyone that there is no Council meeting next Monday, May 31. We will hold our first in person Council session since the pandemic began two weeks from tonight on June 7th, a Study Session. City Hall opens to the public for walk-in services on June 1. Those planning to visit City Hall in person are urged to consult the City’s website for opening hours and how to make arrangements for specific services, especially building permits. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick profusely thanked the City staff for their amazing and innovative efforts during the pandemic. He made mention of not only the senior staff management team but also those who clean our parks and keep our streets clear during and after snowstorms. City Treasurer Miller wished everyone a safe Memorial Day Weekend. He urged us to take care of one another, to help our neighbors who may need assistance. He also announced progress in the planning of the 2021 Carnation Festival this August 13-15, 2021. Councilmember Nosler Beck echoed Clerk Kirkpatrick and Treasurer Miller’s comments and expressed her gratitude that our swimming pools will open next week. She thanked the Parks and Recreation staff for their hard work in getting the pools open, especially for the children who enjoy the pools so much. Councilmember Dozeman thanked our staff and the public who participated in last Saturday’s clean-up effort at I-70 and Kipling. Councilmember Stites also thanked the staff for their work during the pandemic. He reported that Thursday is the last day of school for our children, so drive and cycle with care. He reminded us that when planning and shopping for Memorial Day weekend festivities if you can find it in Wheat Ridge, buy it in Wheat Ridge. Councilmember Weaver reminded us that neighborhood meetings are upcoming in Leppla Manor and Applewood. Details are on the City website. Councilmember Hultin announced that two businesses in District II have been designated Best of West Word. She also updated us on Wheat Ridge’s application for City Council Minutes May 24, 2021 page 11 designation as an All-American City. She hopes to have good news in the next few weeks. Councilmember Hoppe asked how the Council Chambers seating will be arranged on June 7th and whether the public may attend. The public needs to make a reservation to attend in person, and that they can still participate in the Zoom format virtually. (The June 7th Study Session will be a hybrid session.) Mayor Starker echoed Clerk Kirkpatrick’s comments about staff performance during the pandemic. Please, take care on Memorial Day to have a safe holiday, and remember the millions of Americans who have fought and made the ultimate sacrifice to protect our democracy and the freedoms we enjoy. ADJOURNMENT The meeting adjourned at 8:31pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON June 14, 2021 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting June 7, 2021 Mayor Bud Starker called the Study Session to order at 6:31 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. All eight members of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the new virtual/hybrid 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 Clerk, Steve Kirkpatrick; Chief of Police, Chris Murtha; Director of Administration, Allison Scheck; Director of Community Development, Ken Johnstone; Director of Planning, Lauren Mikulak; Renewal Wheat Ridge Executive Director, Steve Art; Assistant to the City Manager, Marianne Schilling; Sally Tasker, with Butler Snow, Attorneys at Law (Item 1), Mark Reagan, Piper Sandler, members NYSE, the bond underwriters, (also item 1) other guests and interested citizens. Citizen’s Right to Speak Peter Baccarini, 11065 Linda Vista Dr., Lakewood – Came to comment on the play equipment, agenda item 2. He came to discuss a half-pipe, approximately 30 feet long and 30 feet high recently constructed near his own home. Every evening there are many adults and children using the half-pipe, making a lot of noise with screams, laughter, and shouting. It disturbs the peace of their home, constantly recurring throughout the evening. It also denies him and his family privacy in their back yard when strangers climb to the top of the structure and overlook his property. He urges Council to adopt building code provisions that limit these kinds of structures and require permits to construct similar permanent structures. Kathleen Baccarini, 11065 Linda Vista Dr., Lakewood came to support Peter’s comments and add more color to their situation. She disclosed that she is a realtor. Her home is next door to the half-pipe. She was shocked to see such a large, imposing and intrusive structure looming over her back yard. When she contacted the City, she was informed that the City does not restrict structures like the 30-foot structure with landing platforms, a storage area and lighting. Is there no limit on the size of such a 2 structure? If nothing is done, I anticipate we will see more of these structures in Wheat Ridge. She urged Council to consider some kinds of restrictions on such Dawn Quaiser 10745 W. 38th Ave. She lives near the same half-pipe structure and is experiencing the same intrusions as the previous two speakers. She can see the lighting and hear the noise even in her basement. The distractions annoy her son while he is working on his school homework. She urges Council to take a hard look at the need for limits of some kind on such play structures. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comments appeared in Wheat Ridge Speaks for this meeting. Both relate to item 2 on tonight’s agenda. Wow. I was all ready to tell City governing members to stay away from private property, but after seeing photos (view photos on comment left June 4th) of the wood skate park, I am amazed that no permits were required on the building of this structure. Height? the balcony? and looks trashy under the deck-- Code enforcement, administrative policies? Did the surrounding neighbors bring to the city's attention this structure while it was being built? While I truly believe government has no business being involved in outdoor play areas on private property this structure seems to be more aligned with code enforcement already on the books--administrative policy and good common sense as to allowance of the structure. I support some type of resolution on this structure but will never support government on private property. This is a structure type that is already on the books? so find a way to resolve this issue using existing powers, do not add more powers. Are the property owners "attending" the study session tonight? Thank you 06/07/2021 9:53 am VIVIAN VOS 6920 W 47 PLACE WHEAT RIDGE, 80033 Comments regarding impact of wooden skate park Half pipe structure W35th Place Wheat Ridge June 4, 2021 Our position: • This structure undermines the “sanctuary” of one’s home and inflicts an unreasonable amount of noise and loss of privacy on its neighbors causing undue stress and disturbance in an already turbulent world. 3 • We believe the impact of this skate park half pipe structure on neighboring properties is way beyond that which can be considered reasonable in a suburban family environment. • This structure would be more suited in a professional skate park built for such a purpose. It is well beyond a “play structure” and is used predominantly by adults. • If this skate park is allowed to stay Wheat Ridge needs to consider where this could end? Is a roller coaster or theme park the next iteration? Noise: • The noise is clearly audible in both the back AND the front yard, plus inside the home and can continue for many hours. • The sound of small hard skateboard wheels rushing over the wooden halfpipe and its joints is considerably amplified by its hollow structure. This “whooshing” noise (similar to a train passing) is punctuated at variable intervals by a crescendo of crashes and clatters as the skater hits the opposite deck rotates in the air and either continues to ride down the ramp or crashes with a loud bang. The activity is accompanied by a considerable amount of yelling encouragement or condolences from the assembled three – eight skaters on the deck overlooking our back yard. • Because of the significant variety and intensity of noises, these are not sounds that you can just “tune out”. It is impossible to concentrate or relax in the home with the noise and the anticipation of the crash that will come after an unknown number of rides up and down the half pipe. • The noise from this activity makes it very difficult to work or study from home. Privacy: • This structure with its deck that is estimated to be 30ft high looks directly into our back yard and I guess could accommodate up to 8 skaters. It is very uncomfortable to use our back yard when the half pipe is in use. It feels more like a public space rather than our back yard. • The skaters “hang out” on either of the two decks and have a direct line of site into our yard and the upper and lower windows of our house from the one close to our house. We can hear skater’s conversation clearly from that height and distance and doubtless they can hear ours. One rider waived from the deck and asked how my day was going last week as I was working in the yard. • It would be difficult for anyone to hold a social function in our backyard with this level of intrusive interaction and associated noise from the half pipe. • The half pipe structure is also bedecked with a series of bright lights all along the periphery of the structure that are visible from our house. The skating activity is usually associated with loud music. • The upper deck of the half pipe extends an estimated 15- 20ft above our fence and now we face this imposing structure from our yard, patio and windows. Safety: • The upper deck overlooking our house and yard appears to be very close to the live electricity wires running parallel to the deck. • From our perspective it appears as if someone could inadvertently reach out and touch the wires? In addition, skaters often use momentum to “fly” off the side of the pipe and leap beyond the railings of the upper deck as they rotate and position for the return slope. It begs the question if one could lose control and crash into the power lines? • Studies have shown that unwelcome noise adversely impacts the mental and physical health of victims. I have no proof this has happened as yet but can attest to the fact that listening to the barrage of sounds is a disturbing experience, leaving one to “worry” about how long it will continue when the next event commences to spoil your day. In conclusion -there is no effective mitigation activity that we have found in dealing with this nuisance, we believe that this half pipe skate park structure is not suitable for a residential environment. Current 4 and future residents of Wheat Ridge expect a level of protection from inappropriate structures that severely impact the quality of life. We deserve better! 06/04/2021 4:27 pm Peter and Kathleen Baccarini 11065 Linda Vista Drive Lakewood, 80215 Clerk’s Note: This posting included several photos attached, showing the half-pipe structure. Those photos are still available to view on the Wheat Ridge Speaks website. 1. Urban Renewal Authority Tax Increment Revenue Bonds Discussion began at 6:44 pm, Approx. :13 minutes into the recording of the session. Issue The Wheat Ridge Urban Renewal Authority (Authority) dba Renewal Wheat Ridge (RWR) will be issuing tax-exempt bonds (Bonds) this July for various capital projects within the I-70/Kipling Corridors Urban Renewal Plan Area (Plan Area). In order for RWR to receive the highest rating and lowest interest rate on the Bonds, it is necessary for City Council to approve a Replenishment Resolution authorizing the City Manager to replenish the Reserve Fund on the Bonds, with General Fund reserves, in the event RWR does not have adequate funding to pay annual debt service on the Bonds. A Cooperation Agreement between the City and RWR will require that RWR repay the City for any loan made to replenish the Reserve Fund. Lastly, an Intergovernmental Agreement (IGA) between the City and RWR will detail the partnership between the two parties to fund and construct the capital projects. Staff reports Mr. Goff reviewed the reasons that this item is on the Study Session agenda, the projects that brought these bonds into the City’s financial resources, and introduced Steve Art. Mr. Art gave a formal presentation on the Financial impacts and background. If City Council appropriates funds pursuant to the Replenishment Resolution to replenish the Reserve Fund, such funds shall be a loan from the City to the Authority to be repaid as provided within the existing Cooperation Agreement. This Resolution does not create a general obligation or other indebtedness of the City and will not obligate or compel the City to make payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated at the City Council’s sole discretion. Ms. Tasker y’s (Butler Snow, the City’s bond law firm) explained to Council what action they are asked to take and the reasons, legal and financial, for requesting that Council formally approve this financing. She also introduced Mark Reagan, with Piper Sandler, (members NYSE, the bond underwriter) who presented detailed explanation of how the proposed City action will lower the market interest rate on the bonds when issued. 5 (During discussion of this item there was a brief recess to handle technical difficulties; the Zoom feed was lost but Channel 8 and YouTube remained live and available to the public.) Councilmembers had questions and comments: Councilmember Urban asked detailed questions about the impact of the bonds on other projects, and Mr. Art and Ms. Tasker provided a detailed reply. He also asked what legal risks and financial risks the City undertakes with the requested action on these bonds. Again, Mr. Art and Ms. Tasker gave a detailed answer. Mr. Goff commented that our bond law firm and underwriters have our confidence in terms of mitigating the City’s risk and providing reliable, professional advice. Councilmember Hoppe proposed a consensus to ask staff to bring to Council an appropriate item or items to move the bond approval forward. Consensus attained. 2. Outdoor Recreational Equipment on Private Property Discussion began at 7:21 pm, approximately :50 minutes into the session. Issue Over the past year, while public recreational facilities were closed for extended periods due to COVID-19, the general population was largely at home, and the purchase of personal recreational equipment increased noticeably. This trend includes everything from trampolines to basketball hoops, swimming pools to swing sets. With the increased prevalence and scale of personal recreation equipment on private property (typically residences), Councilmembers Weaver and Stites requested a discussion at a study session concerning a potential regulatory structure for outdoor recreational equipment on private property. Staff has conducted a review of the applicable codes and policies in the City and in neighboring cities. Staff reports Mr. Goff introduced Ken Johnstone and Lauren Mikulak. Mr. Johnstone and Ms. Mikulak explained that, for residential uses, there are many possible kinds of accessory recreational structures and play equipment including but not limited to in-ground pools, above-ground pools, hot tubs, playsets, tree or play houses, basketball hoops, trampolines, obstacle/ninja courses, skate park equipment, lemonade stands, goals and nets, bounce houses, and movie screens. Some of these are more permanent in nature and some more portable. The building code has explicit requirements related to pools but specifically exempts play structures from permit requirements. Section 5-76 of the municipal code amends section 105.2 of the International Building Code (IBC) and exempts from permitting the following types of recreational improvements: 6 • playhouses less than 120 square feet, • above ground pools that are less than 24 inches in depth and not greater than 5,000 gallons, and • swings and other playground equipment accessory to detached one- and two- family dwellings. Staff explained that proposed code changes would clearly help to prevent injuries and fatalities, as well as limiting equipment such as the half-pipe structure described by the citizens who came to speak tonight. Councilmembers had questions and comments: Councilmember Weaver asked whether a proposed action would address the specific structures for playgrounds and back yards, the attendant noise, or both. Ms. Mikulak replied that the newly revised noise ordinance addresses that issue, so it will be most effective to look at requiring building permits for permanent recreational structures. Councilmember Stites asked about the kinds of equipment and structures an ordinance can address. Ms. Mikulak replied that disallowing any specific type of structure, such as a half-pipe, would be problematic to enforce. It would be better to restrict the sizes, heights, and safety of playground equipment without specifically addressing a kind of playground equipment. Councilmembers stated that they support the limitation of structural features vs. disallowing specific kinds of structure. Councilmember Hultin asked that we not restrict traditional children’s playground equipment unduly, that we use some common sense. Councilmembers asked detailed questions about several topics, including how we should restrict playground structures in a way similar to the way we restrict sheds, including setbacks and height. Council also commented that we should also consider equipment like trampolines and in-ground pools, and the attendant noise and aesthetics. Councilmembers also asked about restricting play equipment in front yards and in flag lots. They also asked how the City would define a permanent playground structure vs. temporary. Ms. Mikulak responded that codes usually rely upon portability, anchoring and how easy it is to disassemble and remove a playground structure. Councilmember Weaver suggested that we also look at our current shed restrictions and ensure that any new action aligns with that shed ordinance. Councilmember Hoppe proposed a consensus to direct staff to begin with the accessory structure code and bring forward actions that would address the definition of “permanent” playground equipment structures, the size of playground equipment, especially height, and setbacks in line with the accessory structure code. 7 Consensus attained. 3. Review of Council Rules of Order and Procedures Discussion began at 8:02 pm, approximately 1:31 hours into the session. Issue The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein. Staff reports Mr. Goff recounted the most recent occasion when the Council Rules of Order and Procedures were amended, in February of 2019. Recently the Mayor and Council brought potential amendments to those Rules and Procedures. Mr. Goff summarized a conversation with Mr. Dahl about the issues Councilmembers raised. In what follows, these minutes recreate the list of 12 proposed changes as they appeared in the meeting packet, and the consensuses reached at this session. Councilmember Hultin suggested the first 10 changes, Councilmember Urban number 11 and the Mayor on behalf of the City Attorney, Mr. Dahl, number 12. During the meeting, the Mayor brought forward several additional changes, which are also recorded herein below. 1. Replace "Citizen" with "Public" or "Member of the Public" for "Citizen's Right to Speak"; and replace "Citizen" with "Public" or "Member of the Public" throughout the document. Councilmember Hultin addressed her request to change references to “citizens” to read “the public” or “members of the public,” and her reasons for requesting the change. Council discussed Councilmember Hultin’s suggestion and other terms that Council could incorporate into the Rules. Councilmember Hultin proposed a consensus to replace citizen in Council Rules with the term “public” or “member of the public.” Consensus attained. 2. Clean up the rules throughout to consistently use the either the term "Chair" or "Presiding Officer". Consensus proposed and achieved to consistently use the term “Chair.” 8 3. Section 11.4.e. – Written comments – amend to consider comments received by the public through Wheat Ridge Speaks. Mr. Dahl recommended this change in the language: “Written comments provided to the Council in any of the online tools provided by the City, or in hard copy.” The mayor proposed a consensus to move forward with the changes to these provisions per the City Attorney’s recommendations. Consensus attained. 4. Sections II.A.2.a & II.A.3.a: I would like to reduce the number of donated time slots from two to one for a total of 6 minutes. Councilmember Hultin proposed to change the Citizen’s Right to Speak rules to allow any one speaker to yield his or her time to one other speaker, not two other speakers as currently in the rules. Other Councilmembers opposed this suggestion on grounds that 9 minutes by one speaker has always been rare and we are just returning to Chambers after a long hiatus due to the pandemic. Other Councilmembers supported Councilmember Hultin’s suggestion in the interest of efficiency, because limiting the public to two speakers for 6 minutes total time including time yielded would make little perceived or practical difference. In a period of several years, Councilmembers recalled only one or two instances when one speaker spoke for 9 minutes using time yielded by two other speakers. The Mayor proposed and achieved a consensus to make no change in yielding speakers’ time for the present. 5. Sections II.A.2 & II.A.3: can we add a section allowing for additional time in the event the speaker needs translation services? Councilmember Hultin suggested several accommodations for the disabled, including sign language interpretation for the deaf. She withdrew her suggestion after due discussion about the current availability of such services. 6. Section III.B.1.c: Include option for a nominee to withdraw their name from consideration.” Mr. Dahl proposed the following language. “Nominees may choose to remove their name from nomination.” Councilmember Hultin proposed and achieved a consensus to adopt Mr. Dahl’s suggested language. 7. Section IV.C: Do we need to specify who has the right to adjourn a meeting? 9 Mr. Dahl recalled in his suggestions that under our Rules and Robert’s Rules of Order, “Any meeting of the Council may be adjourned, by majority vote of members present, to a later date and time.” Mr. Dahl proposes a change to allow a simple majority of the members to pass a motion to adjourn the meeting, or to permit the chair to adjourn the meeting. Consensus proposed to make that change; consensus attained. 8. Section V.B: Can we move Approval of Minutes and Approval of Agenda to before Proclamations and Ceremonies? 2 reasons: #1: sometimes we have a lot of proclamations and ceremonies. If the agenda is being modified and affecting people in the room to speak, it would be considerate for them to know earlier in the meeting. #2: The agenda includes the proclamations and ceremonies, so it makes sense to me to approve that agenda beforehand. The Mayor proposed a consensus that we move the approval of minutes and approval of the agenda to prior to the proclamations and ceremonies. Consensus attained. 9. Section V.E: Do we need to include any references to the automatic postponement of a hearing due to a protest? 10. Section V.E.2: Did we decide to take any formal action during hearings to acknowledge online comment has been received and reviewed? If so, do we need to include that procedure in the Council Rules? Following due discussion and deliberation on items 9 and 10, a consensus was proposed and achieved not to make any changes to the rules listed in those items. Consensus attained. 11. Section IV: Council meetings and meeting procedures for virtual attendance by councilmembers. Add a new Subsection A entitled “Attendance at Meetings, to read (more or less): “Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, members may attend virtually by telephone or through the zoom or other remote attendance platform provided by the City and amend Section A.1 to read “the Council meets for Regular, Adjourned, …et Meetings…” [thus deleting “in the Municipal Building;” so as to cover situations involving other locations, and virtual meetings. Mayor Starker proposed a consensus to accept Mr. Dahl’s recommendations about item 11 in the meeting packet. Consensus attained. Councilmember Urban submitted the following proposed change. 12. Section V.E (Public Hearings, I would revise the second sentence to read: “There is no limit on individual public testimony, provided, however, that the presiding officer may impose a limit on individual speaker’s time IN CONSIDERATION OF THE NUMBER 10 OF SPEAKERS SIGNED UP ON THE HEARING ITEM AND THE AVAILABLE TIME FOR THE HEARING. The Mayor proposed and attained a consensus to accept Mr. Dahl’s recommendation with respect to this rule. Consensus attained. Mayor Starker brought several additional proposed changes to the Council Rules. The Mayor proposed a consensus to change from the word “will” to “may” in the specific rule that governs when citizen’s comments are heard during Study Sessions (or Study Sessions conducted in conjunction with other Council sessions). Consensus attained. The Mayor proposed a consensus to change the rules related to timekeeping during Citizen’s Right to Speak to clarify that the City Clerk, or his or her designee, serve as the official timekeeper for Citizens’ Right to Speak. Consensus attained. The Mayor proposed that we ask for further discussion with Mr. Dahl concerning the Rule that, during an executive session, Councilmembers have other options than “terminating the executive session,” if the conversation wanders from the called purpose of the executive session. The Mayor proposed a consensus to add after the word “terminated,” language to read “or may request that the discussion return to the matter at hand,” or “… returned to the stated purpose for the Executive Session,” and seek a review and opinion from the City Attorney as to the exact wording. Consensus attained. The Mayor proposed a consensus to strike from the Rules in the section related to Ordinances on First Reading language that states an Ordinance may be amended/changed at the time of the First Reading. Consensus attained. 4. Staff Report(s) This item began at approximately 8:56 p.m. Mr. Goff reported on the current status of Senate Bill 273, previously introduced as Senate Bill 62, which was killed in committee today, to the great relief of chiefs of police across the state. This Thursday, June 10 6:30 – 8:00 is a virtual meeting to further discuss the Lutheran legacy campus. The official groundbreaking for the SCL’s new hospital at Clear Creek Crossing is scheduled for this Wednesday, June 9 at 9:00 am. 5. Elected Officials’ Report City Clerk Kirkpatrick thanked the management team for their outstanding leadership and service during the pandemic. 11 Councilmember Dozeman has served for the past year on the CML executive board; she sought a consensus to reappoint her to that position. Councilmember Hoppe proposed such a consensus to support Councilmember Dozeman’s re-application. Consensus attained. Councilmember Hultin updated us on the All-American City competition and reminded us of the festivities coming up on Wednesday, June 10th. She thanked the many staff, Councilmembers and community members who have worked so hard on this project. Clerk’s Note, June 10, 2021: This evening the City of Wheat Ridge won the designation, All-American City! Councilmember Nosler Beck, also on behalf of Councilmember Dozeman, asked that Mr. Goff provide an update on progress with the sound wall at the Rocky Mountain Bottling Plant. Mr. Goff gave a detailed answer. Councilmembers Stites and Weaver will hold a virtual Applewood neighborhood meeting this Saturday, June 12. Councilmember Hultin asked whether Council action is required to end the City Manager’s emergency authority during the pandemic. Mr. Goff explained that the resolution granting those powers expires when the Governor rescinds the Public Health Emergency Order. Ms. Scheck reported on the technical issues that caused a glitch this evening in the meeting broadcast. She apologized for the situation and reviewed next steps. Councilmembers consented to staff’s recommendation that as of June 14 Council will once again meet on the dais. 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 9:08 p.m. APPROVED BY CITY COUNCIL ON June 14, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: 1 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 29-2021 - A RESOLUTION CONCERNING THE PROPOSED FINANCING OF CERTAIN ACTIVITIES AND UNDERTAKINGS WITHIN THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA, AND THE PROPOSED ISSUANCE OF CERTAIN TAX INCREMENT REVENUE REFUNDING AND IMPROVEMENT BONDS BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY IN CONNECTION THEREWITH; DECLARING THE CITY COUNCIL’S PRESENT INTENT TO APPROPRIATE FUNDS TO REPLENISH THE RESERVE FUND SECURING SUCH BONDS, IF NECESSARY; AND AUTHORIZING A COOPERATION AGREEMENT AND OTHER RELATED ACTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ISSUE: The Wheat Ridge Urban Renewal Authority (Authority) dba Renewal Wheat Ridge (RWR) will be issuing tax-exempt bonds (Bonds) this July for various capital projects within the I-70/Kipling Corridors Urban Renewal Plan Area (Plan Area). In order for RWR to receive the highest rating and lowest interest rate on the Bonds, it is necessary for City Council to approve a Replenishment Resolution authorizing the City Manager to replenish the Reserve Fund on the Bonds, with General Fund reserves, in the event RWR does not have adequate funding to pay annual debt service on the Bonds. A Cooperation Agreement between the City and RWR will require that RWR repay the City for any loan made to replenish the Reserve Fund. Council Action Form – RWR Bond Replenishment Resolution June 14, 2021 Page 2 PRIOR ACTIONS: On June 7, 2021 City Council provided consensus to bring this item forward at a future Council meeting. FINANCIAL IMPACTS: If City Council appropriates funds pursuant to the Replenishment Resolution to replenish the Reserve Fund, such funds shall be a loan from the City to the Authority to be repaid as provided within the Cooperation Agreement. This Resolution does not create a general obligation or other indebtedness of the City and will not obligate or compel the City to make payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated in the City Council’s sole discretion. BACKGROUND: In 2020, Arland Land Economics conducted a fiscal analysis of the property tax increment potential within the Plan Area. Based on this analysis, RWR’s bond underwriter, Piper Sandler & Co., determined there is enough property tax increment capacity to support a Bond in the amount of $45 to $50 million which will generate approximately $38 million in funds available for capital projects. The Bond proceeds will be used for capital projects within the Plan Area. The Bonds will be payable from the property tax increment revenues generated in the Plan Area and will also be secured by a Reserve Fund that will be funded with Bond proceeds. To the extent that there are insufficient revenues to pay the debt service on the Bonds at any given time, the Reserve Fund will be drawn upon to meet those obligations. In the event there are not sufficient revenues to replenish the Reserve Fund at any given time, the Replenishment Resolution declares the City Council’s non-binding intent to replenish the Reserve Fund, subject to appropriation by the City Council in its sole discretion. The Replenishment Resolution does not bind the City Council to make such an appropriation in the future and shall never be considered a debt or financial obligation of the City. The Replenishment Resolution also approves the Cooperation Agreement between the City and RWR. City Council has twice previously adopted replenishment resolutions and cooperation agreements related to RWR development sites. In 2014, the first replenishment resolution was adopted in connection with a $3 million loan with Colorado State Bank and Trust (BOKF) for the construction of the Kipling Ridge Shopping Center. The property and sales tax increment revenues pledged to this loan have been sufficient to meet the annual debt service obligations, and the City has not been asked to replenish the reserve fund securing the 2014 loan. The second replenishment resolution in 2018 is connected with a $6.375 million loan from BOKF and is related to public infrastructure improvements at Clear Creek Crossing (CCC). City Council has not been asked to replenish the reserve fund securing the 2018 loan. The Bonds are expected to be used to refund and pay this 2018 Loan in full, which will result in approximately $500,000 of interest payment savings. Nate Eckloff, Managing Director, and Marc Ragan, Vice President, of Piper, Sandler & Co. will assist the RWR as the underwriter for this Bond issuance. Nate has assisted in the issuance of Council Action Form – RWR Bond Replenishment Resolution June 14, 2021 Page 3 over $20 billion in municipal bonds during his 37 years in the public finance industry. Nate’s experience covers a wide range of tax-exempt and taxable municipal finance including general obligation bonds, tax increment revenue bonds, utility revenue bonds, excise revenue bonds (sales tax, etc.), special assessment bonds, and lease-purchase certificates of participation. Since joining Piper in 2014, Marc has served as either sole or senior underwriter, financial advisor, or placement agent on more than 150 transactions totaling more than $3.5 billion in par amount. Much of his work is focused on special district and tax increment financings. The firm of Butler Snow LLP, led by Sally Tasker, will serve as bond counsel to RWR. Butler Snow established its Denver-based public finance practice in 2014 with a group of nationally recognized bond and disclosure attorneys whose collective experience includes some of the largest and most complex transactions in the state’s history. Butler Snow’s public finance team in the Denver office is currently comprised of nine attorneys who have more than 100 years of combined experience providing bond counsel, disclosure counsel and finance-related service to public entities, including RWR and the City. Since opening the Denver office, the Denver team has served as bond counsel, disclosure counsel and underwriter’s counsel on more than 450 public finance transactions totaling in excess of $18 billion. RECOMMENDATIONS: Staff recommends the adoption of Resolution 29-2021. RECOMMENDED MOTION: “I move to approve Resolution No. 29-2021, a resolution concerning the proposed financing of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan Area, and the proposed issuance of certain tax increment revenue refunding and improvement bonds by the Wheat Ridge Urban Renewal Authority in connection therewith; declaring the City Council’s present intent to appropriate funds to replenish the reserve fund securing such bonds, if necessary; and authorizing a cooperation agreement and other related actions. Or, “I move to postpone indefinitely Resolution No. 29-2021, A resolution concerning the proposed financing of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan Area, and the proposed issuance of certain tax increment revenue refunding and improvement bonds by the Wheat Ridge Urban Renewal Authority in connection therewith; declaring the City Council’s present intent to appropriate funds to replenish the reserve fund securing such bonds, if necessary; and authorizing a cooperation agreement and other related actions. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Executive Director, Renewal Wheat Ridge Patrick Goff, City Manager Jerry Dahl, City Attorney Council Action Form – RWR Bond Replenishment Resolution June 14, 2021 Page 4 ATTACHMENTS: 1. Resolution No. 29-2021 - Replenishment Resolution 2. Cooperation Agreement 3. Proposed improvements to be funded with bond proceeds ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2021 TITLE: A RESOLUTION CONCERNING THE PROPOSED FINANCING OF CERTAIN ACTIVITIES AND UNDERTAKINGS WITHIN THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA, AND THE PROPOSED ISSUANCE OF CERTAIN TAX INCREMENT REVENUE REFUNDING AND IMPROVEMENT BONDS BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY IN CONNECTION THEREWITH; DECLARING THE CITY COUNCIL’S PRESENT INTENT TO APPROPRIATE FUNDS TO REPLENISH THE RESERVE FUND SECURING SUCH BONDS, IF NECESSARY; AND AUTHORIZING A COOPERATION AGREEMENT AND OTHER RELATED ACTIONS WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended (the “Act”); and WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Plan Area”); and WHEREAS, pursuant to and in accordance with the Act, the Plan provides for the undertaking of urban renewal projects within the meaning of the Act; and WHEREAS, pursuant to Section 31-25-109 of the Act, the Authority has the power and authority to issue bonds (including refunding bonds), notes and other obligations to finance the activities or operations of the Authority permitted and authorized under the Act; and WHEREAS, the Authority previously entered into a Loan Agreement, dated as of October 18, 2018, with BOKF, NA d/b/a Colorado State Bank and Trust (the “2018 Lender”) pursuant to which the 2018 Lender made a loan to the Authority in the original principal amount of $6,375,000, bearing interest at a per annum interest rate equal to 4.650% (the “2018 Loan”) to finance certain projects in the Plan Area (as described in the Plan) located at the southwest corner of the intersection of Interstate 70 and Colorado Highway 58; and 2 59025506.v2 WHEREAS, the 2018 Loan may be prepaid, in whole or in part, at any time after the third anniversary of the closing date of the 2018 Loan without prepayment penalty, upon not less than 15 days written notice to the 2018 Lender; and WHEREAS, the Authority desires to refund, pay and defease in whole all of the outstanding 2018 Loan (the “2021 Refunding Project”) and to provide additional moneys to undertake additional urban renewal projects within the Plan Area (the “2021 Improvement Project” and together with the 2021 Refunding Project, the “2021 Project”); and WHEREAS, in order to finance the 2021 Project, the Authority desires to issue its Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge, Tax Increment Revenue Refunding and Improvement Bonds (I-70/Kipling Corridors), Series 2021 (the “Series 2021 Bonds”); and WHEREAS, effectuating the 2021 Refunding Project and financing the 2021 Improvement Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Plan contemplates that a primary method of financing projects within the Plan Area will be through the use of property tax increment revenues; and WHEREAS, the Plan authorizes the Authority to pledge such property tax increment revenues to finance public infrastructure that benefits the Plan Area; and WHEREAS, the Authority has determined that it is necessary, desirable and in the best interest of the Authority to authorize, approve and direct the issuance, sale and delivery of the Series 2021 Bonds to finance the 2021 Project; and WHEREAS, the Series 2021 Bonds will be issued under and pursuant to the Indenture of Trust dated as of the date of delivery of the Series 2021 Bonds (the “Indenture”) between the Authority and BOKF, N.A., as trustee (the “Trustee”); and WHEREAS, the Series 2021 Bonds will be special and limited obligations of the Authority payable solely from and secured by the Trust Estate (as defined in the Indenture), which includes the Pledged Property Tax Increment Revenues (as defined in the Indenture); and WHEREAS, the Series 2021 Bonds will be secured by a reserve fund (the “Reserve Fund”) that will be maintained in an amount equal to the Reserve Fund Requirement (as defined in the Indenture); and WHEREAS, the City Council has conducted a public hearing on this Resolution pursuant to Section 12.10 of the City’s home rule charter (the “Charter”); and WHEREAS, the City Council has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the financing of the 2021 Project; and 3 59025506.v2 WHEREAS, in connection with the issuance of the Series 2021 Bonds in order to help facilitate the financing of the 2021 Project, the City Council wishes to make a non-binding statement of its present intent with respect to the appropriation of funds for the replenishment of the Reserve Fund, if necessary, and to authorize and direct the City Manager to take certain actions for the purpose of causing requests for any such appropriation to be presented to the City Council for consideration; and WHEREAS, in connection with the financing of the 2021 Project and the issuance of the Series 2021 Bonds by the Authority, it is necessary and in the best interests of the City to enter into a Cooperation Agreement (the “Cooperation Agreement”) between the City and the Authority; and WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the proposed form of the Cooperation Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the Charter, and in accordance with the foregoing recitals, that adopting this Resolution, entering into the Cooperation Agreement, and facilitating the issuance of the Series 2021 Bonds by the Authority to effectuate the 2021 Refunding Project and the development of the 2021 Improvement Project are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City. Section 2. Replenishment of Reserve Fund; Declaration of Intent. To the extent that the Authority issues the Series 2021 Bonds in accordance with the terms and provisions of the Indenture and the Series 2021 Bonds are secured by a Reserve Fund, the following provisions shall apply. The Indenture shall provide that in the event of a draw on the Reserve Fund the Authority shall, within 120 days of such draw, replenish the Reserve Fund up to the Reserve Fund Requirement, from available Pledged Revenue, in accordance with the terms and provisions of the Indenture. If at any time the Reserve Fund is not funded at an amount equal to the Reserve Fund Requirement, and to the extent any such deficiency is not replenished from Pledged Revenues as set forth in the Indenture or from another source, the Trustee shall be required under the Indenture to provide written notice to the Executive Director of the Authority and the City Manager setting forth the amount of any deficiency (the “Written Notice”) and requesting that the City replenish the Reserve Fund pursuant to and as provided in this Resolution. Any such Written Notice shall include instructions for making the payment to the Trustee. Within 90 days after the City’s receipt of the Written Notice of a draw or a deficiency in the Reserve Fund, to the extent that such draw or deficiency has not been replenished by another source, the City shall replenish the Reserve Fund to the Reserve Fund Requirement from legally available funds of the City, subject to appropriation by the City Council in its sole discretion. Any such City payment (the “City Payment”) shall be deposited in the Reserve Fund in immediately available funds pursuant to the instructions set forth in the Written Notice. In the event 4 59025506.v2 that the Trustee receives money from the City in excess of the amount necessary to restore the Reserve Fund to the Reserve Fund Requirement, any such excess shall be returned to the City. It is the present intention and expectation of the City Council to appropriate the City Payment requested in any such Written Notice received by the City, within the limits of available funds and revenues, but this declaration of intent shall not be binding upon the City Council or any future City Council in any future fiscal year. The City Payments shall constitute currently appropriated expenditures of the City. This Resolution shall not create a general obligation or other indebtedness or multiple fiscal year direct or indirect debt or other financial obligation of the City within the meaning of its Charter or any constitutional debt limitation, including without limitation Article X, Section 20 of the Colorado Constitution. Neither this Resolution nor the issuance of the Series 2021 Bonds by the Authority shall obligate or compel the City to make City Payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated in the City Council’s sole discretion. Section 3. Direction to City Manager. Upon receipt of a Written Notice by the City Manager requesting that the City replenish the Reserve Fund securing the Series 2021 Bonds in accordance with this Resolution, the City Council hereby authorizes and directs the City Manager to prepare and submit to the City Council a request for an appropriation of the amount set forth in the Written Notice. Such request shall be made in sufficient time to enable the City to make the City Payment within 90 days of receipt of the Written Notice as provided in Section 2 hereof. Section 4. Repayment of Amounts Appropriated. In the event that the City Council appropriates funds to make the City Payment as contemplated by Section 2 hereof, any amounts actually transferred by the City to the Reserve Fund in accordance with the provisions of Section 2, shall be treated as an advance under the Cooperation Agreement and shall be repaid by the Authority in accordance with the provisions of the Cooperation Agreement, on a basis expressly subordinate and junior to that of the Series 2021 Bonds and any other obligations or indebtedness that are secured or payable in whole or in part by the Pledged Revenues on a parity with the Series 2021 Bonds. Section 5. Limitation to Series 2021 Bonds. Unless otherwise expressly provided by a subsequent resolution of the City Council, the provisions of this Resolution relating to the replenishment of the Reserve Fund shall apply only to the replenishment of the Reserve Fund that secures the payment of the Series 2021 Bonds and shall not apply to any other reserve funds established in connection with the issuance of any other obligations, including the issuance of Additional Bonds under the Indenture. Section 6. Approval of Cooperation Agreement. The Cooperation Agreement, in substantially the form on file with the City Clerk, is in all respects approved, authorized and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Cooperation Agreement, for and on behalf of the City, in 5 59025506.v2 substantially the form and with substantially the same content as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. The execution of the Cooperation Agreement by the Mayor shall be conclusive evidence of the approval by the City Council of such document in accordance with its terms. Section 7. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the financing of the 2021 Project and implement and carry out the transactions and other matters authorized by this Resolution. In the event that any individual or individuals who are authorized to execute the Cooperation Agreement or the additional certificates, documents, instruments and other papers authorized hereby (collectively, the “Authorized Documents”) are not able to be physically present to manually sign such Authorized Documents, such individual or individuals are hereby authorized to execute such Authorized Documents electronically via facsimile or email signature. This authorization to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to an Authorized Document shall carry the full legal force and effect of any original, handwritten signature. Section 8. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers, employees or agents of the City directed toward effectuating the 2021 Refunding Project, the development of the 2021 Improvement Project, the issuance of the Series 2021 Bonds by the Authority, and the execution and delivery of the Cooperation Agreement are hereby ratified, approved and confirmed. Section 9. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable. Section 10. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 11. Effectiveness. This Resolution shall take effect immediately. DONE AND RESOLVED this 14th day of June 2021. 6 59025506.v2 Bud Starker, Mayor [SEAL] Attest: Steve Kirkpatrick, City Clerk COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS COOPERATION AGREEMENT (this “Agreement”) dated as of June 14, 2021, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE (the “Authority”). WHEREAS, the City is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the “Charter”); and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes (“C.R.S.”) (the “Act”); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and WHEREAS, the City Council of the City (the “City Council”) has previously adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Plan Area”); and WHEREAS, pursuant to and in accordance with the Act, the Plan provides for the undertaking of urban renewal projects within the meaning of the Act; and WHEREAS, pursuant to Section 31-25-109 of the Act, the Authority has the power and authority to issue bonds (including refunding bonds), notes and other obligations to finance the activities or operations of the Authority permitted and authorized under the Act; and WHEREAS, the Authority previously entered into a Loan Agreement, dated as of October 18, 2018, with BOKF, NA d/b/a Colorado State Bank and Trust (the “2018 Lender”) pursuant to which the 2018 Lender made a loan to the Authority in the original principal amount of $6,375,000, bearing interest at a per annum interest rate equal to 4.650% (the “2018 Loan”) to finance certain projects in the Plan Area (as described in the Plan) located at the southwest corner of the intersection of Interstate 70 and Colorado Highway 58; and WHEREAS, the 2018 Loan may be prepaid, in whole or in part, at any time after the third anniversary of the closing date of the 2018 Loan without prepayment penalty, upon not less than 15 days written notice to the 2018 Lender; and WHEREAS, the Authority desires to refund, pay and defease in whole all of the outstanding 2018 Loan (the “2021 Refunding Project”) and to provide additional moneys to ATTACHMENT 2 2 59029569.v2 undertake additional urban renewal projects within the Plan Area (the “2021 Improvement Project” and together with the 2021 Refunding Project, the “2021 Project”); and WHEREAS, in order to finance the 2021 Project, the Authority desires to issue its Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge, Tax Increment Revenue Refunding and Improvement Bonds (I-70/Kipling Corridors), Series 2021 (the “Series 2021 Bonds”); and WHEREAS, the 2021 Project is being undertaken to facilitate the elimination and prevention of blighted areas; and WHEREAS, pursuant to section 31-25-112, C.R.S., the City is specifically authorized to do all things necessary to aid and cooperate with the Authority in connection with the planning or undertaking of any urban renewal plans, projects, programs, works, operations, or activities of the Authority, to enter into agreements with the Authority respecting such actions to be taken by the City, and appropriating funds and making such expenditures of its funds to aid and cooperate with the Authority in undertaking the 2021 Improvement Project and carrying out the Plan; and WHEREAS, the Authority has determined that effectuating the 2021 Refunding Project and financing the 2021 Improvement Project in order to remediate blight is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Plan contemplates that a primary method of financing projects within the Plan Area will be through the use of property tax increment revenues; and WHEREAS, the Plan authorizes the Authority to pledge such property tax increment revenues to finance or refinance public infrastructure that benefits the Plan Area; and WHEREAS, the Authority has determined that it is necessary, desirable and in the best interest of the Authority to authorize, approve and direct the issuance, sale and delivery of the Series 2021 Bonds to finance the 2021 Project; and WHEREAS, the Series 2021 Bonds will be issued under and pursuant to the Indenture of Trust dated as of the date of delivery of the Series 2021 Bonds (the “Indenture”) between the Authority and BOKF, N.A., as trustee (the “Trustee”); and WHEREAS, capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Indenture; and WHEREAS, the Series 2021 Bonds will be special and limited obligations of the Authority payable solely from and secured by the Trust Estate, which includes the Pledged Property Tax Increment Revenues; and WHEREAS, the Series 2021 Bonds will be secured by the Reserve Fund that will be maintained in an amount equal to the Reserve Fund Requirement; and WHEREAS, in order to help facilitate the financing of the 2021 Project, the City Council has adopted Resolution No. 29, Series of 2021 (the “Replenishment Resolution”) declaring its 3 59029569.v2 non-binding present intent and expectation that the City Council will appropriate funds sufficient to replenish the Reserve Fund to the Reserve Fund Requirement in the event of a deficiency thereunder, within the limits of available funds and revenues, to the extent that Pledged Revenues or other available moneys are not available to fully replenish the Reserve Fund, in the sole discretion of the City Council; and WHEREAS, the City Council has conducted a public hearing on this Agreement pursuant to Section 12.10 of the Charter; and WHEREAS, in connection with the financing of the 2021 Project and the issuance of the Series 2021 Bonds by the Authority, it is necessary and in the best interests of the City and the Authority to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the Authority agree as follows: 1. LOAN. If the City Council appropriates funds pursuant to the Replenishment Resolution to replenish the Reserve Fund as set forth therein and in the Indenture, such funds shall be a loan from the City to the Authority to be repaid as provided herein. 2. PAYMENT. All amounts payable by the Authority to the City hereunder shall be repaid from and to the extent of available Pledged Revenues (as defined in the Indenture), or from other available revenues of the Authority, provided that any such repayment from Pledged Revenues shall be made on a basis expressly subordinate and junior to the payments due on the Series 2021 Bonds and any other obligations or indebtedness that are secured or payable in whole or in part by the Pledged Revenues on a parity with the Series 2021 Bonds. 3. FURTHER COOPERATION. (a) The City shall continue to make available such employees of the City as may be necessary and appropriate to assist the Authority in carrying out any authorized duty or activity of the Authority pursuant to the Act, the Plan, or any other lawfully authorized duty or activity of the Authority. (b) The City agrees to pay to the Authority any Pledged Property Tax Increment Revenues when, as, and if received by the City, but which are due and owing to the Authority pursuant to the Plan and the Act. 4. GENERAL PROVISIONS. (a) Separate Entities. Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants, or employees as the agents of the Authority, nor as constituting the Authority or its officials, representatives, consultants, or employees as agents of the City. Each entity shall remain a separate legal entity pursuant to applicable law. Neither party shall be deemed hereby to have assumed the debts, obligations, or liabilities of the other. 4 59029569.v2 (b) Third Parties. Neither the City nor the Authority shall be obligated or liable under the terms of this Agreement to any person or entity not a party hereto, provided, however, that the Trustee is a third party beneficiary to the provisions in Section 3(b) hereof related to the City’s obligation to remit to the Authority any Pledged Property Tax Increment Revenues received by the City that are due and owing to the Authority. (c) Modifications. No modification or change of any provision in this Agreement shall be made, or construed to have been made, unless such modification is mutually agreed to in writing by both parties and incorporated as a written amendment to this Agreement. Memoranda of understanding and correspondence shall not be construed as amendments to the Agreement. (d) Entire Agreement. This Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts. (e) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. (f) Assignment. Except for the pledge under the Indenture, this Agreement shall not be assigned, in whole or in part, by either party without the written consent of the other. (g) Waiver. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach or of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies reserved in this Agreement shall be cumulative and additional to any other remedies in law or in equity. (h) Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (i) Electronic Signatures. In the event that any individual who is authorized to execute this Agreement on behalf of the Authority or the City is not able to be physically present to manually sign this Agreement, such individual is hereby authorized to execute this Agreement electronically via facsimile or email signature. The authorization to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to this Agreement shall carry the full legal force and effect of any original, handwritten signature. The transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid 5 59029569.v2 counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. IN WITNESS WHEREOF, this Agreement is executed by the Parties as of ________ __, 2021. CITY OF WHEAT RIDGE, COLORADO By: Bud Starker, Mayor (SEAL) Attest: ___________________________ Steve Kirkpatrick, City Clerk APPROVED AS TO FORM _______________________ Gerald Dahl, City Attorney WHEAT RIDGE URBAN RENEWAL AUTHORITY _____________________________________ ATTEST: Walt Pettit, Chair _____________________________ Steve Art, Executive Director DRAFT Urban Renewal Bond Authorization Project List Project Location Type Description Costs 32nd Bike Lanes Applewood Multimodal Add bike lanes under I-70 $ 5,000,000 Youngfield Streetscape Applewood Aesthetic Add landscaping - 32nd to 40th I-70/32nd Applewood Aesthetic Enhance bridge reconstruction Youngfield Bridge Applewood Maintain Reconstruct bridge deck $ 500,000 38th/Kipling Kipling Traffic Reconstruction intersection $ 1,000,000 Gold's Center Kipling Public improvements $ 1,400,000 I-70/Kipling Kipling Aesthetic Enhance interchange reconstruction $ 5,000,000 52nd Avenue Ward TOD Multimodal Reconstruct street - Ward to Tabor $ 1,600,000 52nd/Ward Ward TOD Traffic Reconstruction intersection $ 250,000 Multiuse Trail Ward TOD Multimodal Enhance trail $ 800,000 Multiuse Trail Ward TOD Multimodal Construct trail - south plaza to I-70 Frontage N $ 2,100,000 Ped Bridge/North Plaza Ward TOD Multimodal Enhance ped bridge $ 2,000,000 Ped Bridge/North Plaza Ward TOD Multimodal Construct ped bridge/north plaza $ 4,500,000 Public Art Ward TOD Aesthetic Add additional public art $ 200,000 Ridge Road Ward TOD Multimodal Reconstruct street east of Tabor $ 500,000 Ridge/Ward Ward TOD Traffic Reconstruction intersection $ 150,000 South Plaza Ward TOD Multimodal Enhance plaza $ - South Plaza Ward TOD Multimodal Construct south plaza $ 1,000,000 Tabor Street Ward TOD Multimodal Reconstruct street - 52nd to Ridge $ 750,000 CCC Loan Repayment CCC Loan Repayment of BOKF 2018 Loan $ 6,500,000 Other Grant URA Activities $ 4,250,000 Total $ 37,500,000 ATTACHMENT 3 ITEM NO: 2 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2021 – A RESOLUTION APPROVING A SPECIAL USE PERMIT AND HEIGHT VARIANCE TO ALLOW A NEW FREESTANDING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY ON PROPERTY ZONED RESIDENTIAL-TWO (R-2) AND LOCATED AT 7500 W. 29TH AVENUE (CASE NOS. SUP-21-01 & WA-21-02 / CITY HALL CELL TOWER) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting to install a new 140-foot freestanding commercial mobile radio service (CMRS) facility to replace the existing 159-foot CMRS facility located at 7500 W. 29th Avenue due to structural issues. The property contains existing municipal government facilities and is owned by the City of Wheat Ridge. Because the property is zoned Residential-Two (R-2), which does not permit new freestanding CMRS facilities and has a maximum height restriction of 35 feet, the Community Development Department, in conjunction with the City Attorney, has determined this request can be considered through review of a Special Use Permit (SUP) with a height variance through a City Council public hearing. PRIOR ACTION: There has been no previous action by Council on this application. Council Action Form – City Hall Cell Tower June 14, 2021 Page 2 FINANCIAL IMPACT: Fees in the amount of $1,024 were collected for the review and processing of Case Nos. SUP-21- 01 & WA-21-02. If the SUP and variance are approved, next steps would include building permits for the demolition of the existing CMRS facility, installation of temporary facilities, and installation of the new CMRS facility. Review fees, as well as use tax, would be paid as part of those processes. The City has lease agreements with private cellular carriers who utilize the existing tower; annual revenue is approximately $130,000. BACKGROUND: Existing Conditions The property is located on the southeast corner of W. 29th Avenue and Wadsworth Boulevard. According to the Jefferson County Assessor, the total area of the subject site is 396,262 square feet (9.097 acres). The subject site contains the City of Wheat Ridge’s City Hall and Hayward Park. The property is zoned R-2, a zone district established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. Properties to the immediate south, east, and northeast are also residentially zoned and primarily contain low-density residential uses. According to the Jefferson County Assessor, the City Hall building was built in 1977. The existing freestanding CMRS facility, located on the south side of the City Hall building, was also built around this time in the 1970s, principally to locate emergency providers-related communication antennae. As cellular communications became more widely used, the tower has become a desirable location for cellular providers, given its height as well its presence geographically on a relatively high site in this part of Jefferson County. Current CMRS regulations prohibit freestanding CMRS facilities in the R-2 zone district. Therefore, the existing structure is considered legally non-conforming. The existing structure is 159 feet tall. Special Use Permit and Variance Request The applicant has discovered that the existing cell tower, containing transmission equipment for four private cellular carriers as well as City-owned equipment, has a failing foundation. In order to remedy this, applicant proposes the following phases: 1. Remove all transmission equipment from the existing lattice-style tower, deconstruct the existing lattice tower, and place three temporary facilities within nearby parking spaces allowing the four carriers the ability to continue service on a temporary basis. 2. Construct a new 140-foot tall monopole tower and install equipment all painted “sky blue” to help conceal the tower with the existing background within the existing compound. 3. Remove all temporary facilities. As stated above, since no freestanding CMRS structures are allowed in residential zone districts, a proposal for a new freestanding cell tower typically would not be allowed. However, staff Council Action Form – City Hall Cell Tower June 14, 2021 Page 3 recognizes the existing tower is critical for cellular communications in this part of Wheat Ridge, Lakewood, Edgewater, and unincorporated Jefferson County. Also, visually, this location is fairly hidden and only impacts a small number of residential properties, who are presumably used to the sight of the structure, as it has been at this location since the 1970s. The applicant states that alternative tower designs were studied, but ultimately not chosen due to site constraints. The amount of ground space needed for stealth facilities (such as a clock/bell tower or monopine) would be beyond that allowed by the existing tower area and would have a long-term impact on City parking facilities. In addition, any additional screening of the individual antenna arrays would structurally require a larger foundation that would impact the ground space. Furthermore, the applicant has provided coverage maps from multiple cellular providers which visually show gaps in coverage utilizing cell towers with a height of 35 feet. Section 26-615 of the Municipal Code contains supplementary regulations for CMRS facilities and the applicable requirements have been met with this proposal. The case has been through a standard referral process. All referral agencies currently serving the property have no objections to the request. RECOMMENDATIONS: City Council shall use the criteria in Section 26-114 and Section 26-115 of the code to evaluate the applicant’s request for a Special Use Permit and variance. A detailed staff report is attached with this criteria analysis. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Resolution No. 31-2021, a resolution approving a special use permit and height variance to allow a new freestanding commercial mobile radio service (CMRS) facility on property zoned Residential-Two (R-2) and located at 7500 W. 29th Avenue for the following reasons: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit and variance has been found to comply with the “criteria for review” in Section 26-114.D and Section 26-115.C of the Code of Laws. 3. The proposed freestanding CMRS facility has been found to comply with the supplementary regulations for new CMRS facilities in Section 26-615 of the Code of Laws. and with the following conditions: 1. The applicant must apply for building permits for the temporary CMRS facilities with the Building Division. 2. The applicant must apply for and obtain a demolition permit to remove the existing freestanding CMRS facility and must obtain a building permit to install the new facility with the Building Division with a color sample as part of the permit submittal. Council Action Form – City Hall Cell Tower June 14, 2021 Page 4 3. All temporary CMRS facilities must be removed within 30 days of the completion of the new tower. 4. The applicant must follow all applicable State and Federal regulations as they pertain to the removal and installation of freestanding CMRS facilities. 5. All cellphone carriers must execute new lease agreements with the City of Wheat Ridge for the new facility. 6. Approval of the Special Use Permit for the freestanding CMRS facility runs with the land and is approved only as an accessory use. Or, “I move to deny Resolution No. 31-2021, a resolution approving a special use permit and height variance to allow a new freestanding commercial mobile radio service (CMRS) facility on property zoned Residential-Two (R-2) and located at 7500 W. 29th Avenue for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 31-2021 2. Planning Division Staff Report CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 Series of 2021 TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT AND HEIGHT VARIANCE TO ALLOW A NEW FREESTANDING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY ON PROPERTY ZONED RESIDENTIAL-TWO (R-2) AND LOCATED AT 7500 W. 29TH AVENUE (CASE NOS. SUP-21-01 & WA-21-02 / CITY HALL CELL TOWER) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of CMRS facilities; and, WHEREAS, the existing CMRS facility has structural deficiencies; and, WHEREAS, there is a public interest in retaining continuity of communication infrastructure; and, WHEREAS, an application for a new freestanding CMRS facility was received from Black & Veatch, on behalf of AT&T, to replace the existing freestanding CMRS facility located at 7500 W. 29th Avenue in the Residential-Two (R-2) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A NEW FREESTANDING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT 7500 W. 29TH AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The proposed Special Use Permit and variance has been found to comply with the “criteria for review” in Section 26-114.D and Section 26-115.C of the Code of Laws. 3. The proposed freestanding CMRS facility has been found to comply with the supplementary regulations for new CMRS facilities in Section 26-615 of the Code of Laws. And, with the following conditions: ATTACHMENT 1 1. The applicant must apply for building permits for the temporary CMRS facilities with the Building Division. 2. The applicant must apply for and obtain a demolition permit to remove the existing freestanding CMRS facility and must obtain a building permit to install the new facility with the Building Division with a color sample as part of the permit submittal. 3. All temporary CMRS facilities must be removed within 30 days of the completion of the new tower. 4. The applicant must follow all applicable State and Federal regulations as they pertain to the removal and installation of freestanding CMRS facilities. 5. All cellphone carriers must execute new lease agreements with the City of Wheat Ridge for the new facility. 6. Approval of the Special Use Permit for the freestanding CMRS facility runs with the land and is approved only as an accessory use. DONE AND RESOLVED by the City Council this 14th day of June 2021. ___________________________ Bud Starker, Mayor ATTEST: ___________________________ Steve Kirkpatrick, City Clerk 1 ATTACHMENT 2 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATE: June 14, 2021 (City Council) CASE MANAGER: Zareen Tasneem CASE NO. & NAME: SUP-21-01 & WA-21-02 / City Hall Cell Tower ACTION REQUESTED: Approval of a Special Use Permit and height variance to allow a new freestanding commercial mobile radio service (CMRS) facility on property located in the Residential-Two (R-2) zone district. LOCATION OF REQUEST: 7500 W. 29th Avenue APPLICANT (S): Black & Veatch, on behalf of AT&T APPROXIMATE AREA: 396,262 square feet (9.097 acres) PRESENT ZONING: Residential-Two (R-2) PRESENT LAND USE: Governmental Facility COMPREHENSIVE PLAN: Public ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE Location Map (subject site outlined in red) Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 2 JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting to install a new 140-foot tall freestanding commercial mobile radio service (CMRS) facility to replace the existing 159-foot CMRS facility located at 7500 W. 29th Avenue. The replacement is being proposed due to structural issues. The property is zoned Residential-Two (R-2), which does not permit new freestanding CMRS facilities (also known as “cell towers”) and has a maximum height restriction of 35 feet. However, due to the potential loss of critical communications infrastructure that would result should the current cell tower fail, the Community Development Department, in conjunction with the City Attorney, has determined this request can be considered through review of a Special Use Permit (SUP) with height variance of greater than 50%. Pursuant to Section 26-115.C.3, such a request automatically goes to City Council for approval through a public hearing because it includes a variance greater than 50%. II. EXISTING CONDITIONS The property is located on the southeast corner of W. 29th Avenue and Wadsworth Boulevard (Exhibit 1, Aerial). Wadsworth Boulevard is a principal north-south arterial in the City of Wheat Ridge, while this portion of W. 29th Avenue is a collector. According to the Jefferson County Assessor, the total area of the subject site is 396,262 square feet (9.097 acres). The subject site contains the City of Wheat Ridge’s City Hall and Hayward Park. The Beth Eden Baptist Church and School is located to the immediate south, Stride Community Health Center is located to the immediate north, and Crown Hill Cemetery is located to the immediate west. The property is zoned R-2, a zone district established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. The property has been zoned residentially since the City’s incorporation and governmental buildings, such as City Hall are, permitted in the R-2 zone district. Properties to the immediate south, east, and northeast are also residentially zoned and primarily contain low-density residential uses (Exhibit 2, Zoning). The Stride facility is zoned Planned Commercial Development (PCD). Crown Hill Cemetery and Park is located in unincorporated Jefferson County, while the area south of W. 26th Avenue is located in the City of Lakewood. According to the Jefferson County Assessor, the City Hall building was constructed in 1977. The existing freestanding CMRS facility, located on the south side of the City Hall building, was also built around this time in the 1970s, principally to locate Police Department and Fire Department related communication antennae (at that time, there was a fire department housed within the City of Wheat Ridge). As cellular communications became more widely used, the tower has become a desirable location for cellular providers to collocate their facilities, given the tower’s overall height and its topographical location at a relative high point in this part of Jefferson County. The CMRS regulations were repealed and reenacted in 2016 and last updated in 2017. The code now prohibits freestanding CMRS facilities in the R-2 zone district. Therefore, the existing structure is considered legally non-conforming. The existing structure is 159 feet tall. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 3 III. CASE ANALYSIS The applicant has discovered that the existing cell tower, containing transmission equipment for four private cellular carriers as well as City-owned equipment, has a failing foundation (Exhibit 3, Written Request). In order to remedy this, applicant proposes the following three phases of construction: 1. Remove all transmission equipment from the existing lattice-style tower, deconstruct the existing lattice tower, and place three temporary facilities within nearby parking spaces allowing the four carriers the ability to continue service on a temporary basis (Exhibit 4, Temporary Facilities Site Plan). 2. Construct a new 140-foot tall monopole tower and install equipment all painted “sky blue” to help conceal the tower with the existing background within the existing compound (Exhibit 5, New Tower Site Plan). 3. Remove all temporary facilities. As stated above, since no freestanding CMRS structures are allowed in residential zone districts, a proposal for a new freestanding cell tower typically would not be allowed. However, staff recognizes the existing tower is a critical tower for cellular communications in this part of Wheat Ridge, Lakewood, Edgewater, and unincorporated Jefferson County. Also, visually, this location is fairly hidden and only impacts a small number of residential properties, who are presumably used to the sight of the structure, as it has been at this location since the 1970s (see Exhibit 6, Site Photos). It should be noted that alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of the underlying zoning. An alternative tower CMRS facility is a structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers, and other similar alternative designed structures. While these are allowed, they may only be up to 35 feet tall, within the maximum height limit of residential zone districts. The applicant states that alternative tower designs were studied, but ultimately not chosen due to site constraints and necessary height. The amount of ground space needed for stealth facilities (such a clock/bell tower or monopine) would be beyond that allowed by the existing tower area and would have a long-term impact on City parking facilities. In addition, any additional screening of the individual antenna arrays would structurally require a larger foundation that would impact the ground space (Exhibit 7, Criteria Response). Furthermore, the applicant has provided Coverage Maps from multiple cellular providers which visually show gaps in coverage utilizing cell towers with a height of 35 feet (Exhibit 8). Section 26-615 of the Municipal Code contains supplementary regulations for CMRS facilities. No CMRS application to construct a new freestanding CMRS facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the City that no existing CMRS facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. This requirement has been met. In this case, evidence has been submitted that confirms the new tower would be in the same location as an existing tower and that replacement is necessary because structural deficiencies cannot support the applicant’s proposed antenna and related equipment. In addition, freestanding CMRS facilities are subject to the following requirements and shall be evaluated as a special use: Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 4 1. Freestanding CMRS facilities shall be visually screened from adjacent residential development and public rights-of-way. This requirement has been met through this proposal. 2. Freestanding CMRS facilities shall be permitted only as an accessory use, and are subject to accessory use setback development standards in the applicable zone district. This requirement has been met through this proposal. 3. Freestanding CMRS facilities shall not exceed the permitted height for the principal use on the subject property. This requirement has not been met through this proposal and thus an additional height variance is being requested. 4. Freestanding CMRS facilities shall not be permitted between the principal structure and the street. This requirement has been met through this proposal. IV. CRITERIA FOR REVIEW The City Council shall use the criteria from Section 26-114 to evaluate each application for a SUP. The applicant has provided their analysis of the application’s compliance with the SUP criteria (Exhibit 7, Criteria Response). Staff provides the following review and analysis of the SUP criteria. 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. Instead, the new cell tower supports the general health, welfare, safety and convenience of persons residing or working in the neighborhood, since the continuing structural failure of the existing tower could lead to the loss of critical communications infrastructure for these persons. Staff finds this criterion has been met. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. The special use will not create or contribute to blight in the neighborhood. The existing non-conforming tower has been an established part of the neighborhood for decades. The new proposed tower would not only be about 20 feet shorter than the existing tower, but it is also proposed to be a “sky blue” color so it blends in to the environment better than the existing tower (see Exhibit 9, Photo Stimulations). Staff finds this criterion has been met. 3. The special use will not create adverse impacts greater than allowed under existing zoning for the property. While the City prohibits new freestanding CMRS facilities in the R-2 zone district, alternative tower CMRS facilities may be located on a property containing a non-residential use, regardless of the underlying zoning. An alternative tower CMRS facility is a structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount CMRS antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 5 Building, structure, or roof-mounted CMRS facilities may also be located on a property containing a nonresidential or multi-family use, regardless of underlying zoning. Therefore, the special use will not create adverse impacts greater than allowed under existing zoning for the property and the impact will not be greater than that associated with the existing tower. Staff finds this criterion has been met 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. Traffic, on or off the site, should not be impacted by the new permanent cell tower. As it will be built in the same location as the existing cell tower, it will not block any existing parking spaces or drive aisles at City Hall. The temporary cell towers will cause some parking inconvenience at City Hall since they will need to be placed in existing parking spaces. However, that is a temporary condition that should last only a few months. Staff finds this criterion has been met. 5. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent property owners. As stated in Criterion #2, the proposed tower, as designed, would be less impactful than the existing tower in terms of design. In addition, as seen in the Site Photos (Exhibit 6), the location of the existing tower, where the new tower would also be placed, results in the tower being fairly inconspicuous in the neighborhood given its height. Staff finds this criterion has been met. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. The special use is not expected to overburden the capacities of the existing streets, utilities, parks, schools, and other public facilities, as it will function out of an existing structure and site. Utility agencies have noted they can serve the site and its proposed uses. Staff finds this criterion has been met. 7. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. While the existing tower is a legally nonconforming use, the subject site has a history of conformance otherwise. Staff finds this criterion has been met. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 6 8. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to cell towers. Staff finds this criterion is not applicable. 9. The proposed special use promotes goals and outcomes from applicable portions of the city's comprehensive plan and any subarea plan applicable to the subject property. The subject site would continue to operate as a governmental facility as the primary use, which meets the City’s comprehensive plan designation of this site a “Public” use. Staff finds this criterion has been met. Along with the SUP request, the applicant is seeking a variance to allow the proposed tower to be 140 feet in height. The City Council shall use the criteria from Section 26-115 to evaluate an application for a variance. The applicant has provided their analysis of the application’s compliance with the variance criteria (Exhibit 7, Criteria Response). Staff provides the following review and analysis of the variance criteria. 1. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located. If the request was denied, the property would continue to yield a reasonable return in use. The property would continue to function as a governmental facility, regardless of the outcome of the variance request. Staff finds this criterion has not been met. 2. The variance would not alter the essential character of the locality. The variance would not alter the essential character of the locality. The existing tower, which is taller and less “stealth” than the proposed tower, has been an established part of the neighborhood for decades. Staff finds this criterion has been met. 3. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. The applicant is proposing a substantial investment in the property with this application, since the existing failing tower is City-owned property, not the applicant’s, and the proposed tower would also be City-owned property. In addition, a freestanding cell tower over 35 feet tall would not be possible without a variance. Staff finds this criterion has been met. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 7 4. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out. There are no unique conditions related to the shape or topography of the property that results in a hardship. However, if the strict letter of regulations were followed and only a 35-foot tall cell tower were constructed, cellular communications coverage would be impacted with poor service or loss of coverage in the Wheat Ridge/Lakewood/Edgewater area surrounding City Hall (see Exhibit 8, Coverage Maps). Staff finds this criterion has been met. 5. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The current owner of the subject site is the City of Wheat Ridge, which created and implemented the restrictive regulations related to heights of structures and freestanding CMRS facilities not allowed in residential zone districts. Staff finds this criterion has not been met. 6. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood. The request would not be detrimental to public welfare and would not be injurious to neighboring property or improvements. Loss of the cell tower would be detrimental to public welfare. It would not hinder or impair the development of the adjacent properties. The adequate supply of air and light would not be compromised as a result of this request. The request would not increase the congestion in the streets, nor would it cause an obstruction to motorists on the adjacent streets. The addition would not impede the sight distance triangle and would not increase the danger of fire. It is unlikely that the request would impair property values in the neighborhood. Staff finds this criterion has been met. 7. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property. A freestanding cell tower over 35 feet would Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 8 not be permitted in any residential zone district without a height variance. There is no alternative location nearby because of the preponderance of residential zoning in the neighborhood. Staff finds that this criterion has been met. 8. Granting of the variance would result in a reasonable accommodation of a person with disabilities. Cell towers are non-habitable structures. Staff finds this criterion is not applicable. 9. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The Architectural and Site Design Manual does not apply to cell towers. Staff finds this criterion is not applicable. V. AGENCY REFERRALS All affected service agencies were contacted for comment on the SUP and variance request regarding the ability to serve the property. The applicant will be responsible for any needed upgrades. Specific referral responses follow. West Metro Fire District: Emergency access must be maintained during and after construction of the new cell tower. Consolidated Mutual Water District: No objections. Wheat Ridge Sanitation District: No objections. Xcel Energy: Applicant must coordinate directly with Xcel if moving existing electric distribution facilities. No comments were received from Wheat Ridge Engineering Division, Wheat Ridge Building Division, Wheat Ridge Parks and Recreation Department, Wheat Ridge Police Department, Jefferson County Planning Department, City of Lakewood, CenturyLink, and Comcast. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. VI. PUBLIC NOTICING Prior to submittal of an application for a SUP, an applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on November 4, 2020. Due to the COVID-19 pandemic this meeting was advertised and conducted as a virtual meeting on Zoom. No members of the public attended the meeting in addition to the applicant and staff (Exhibit 10, Neighborhood Meeting). Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 9 VII. STAFF CONCLUSIONS AND RECOMMENDATIONS Having found the application for Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower – request for a SUP and height variance to allow a new freestanding CMRS facility on property located in the R- 2 zone district – to be complete and in compliance with the majority of the applicable review criteria, staff recommends APPROVAL of the request for the following reasons: 1. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. 3. The special use will not create adverse impacts greater than those existing or allowed under the existing R-2 zoning for the property. 4. The special use will not result in undue traffic congestion or traffic hazards. 5. The proposed cell tower has been appropriately designed as a monopole so as to be compatible with the character of the surrounding areas. 6. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. 7. There is a history of compliance by the property. 8. No objections from referral agencies have been received. 9. The variance would not alter the essential character of the locality. 10. Since the applicant does not own the property, the applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance. 11. A particular hardship is created by the 35-foot tall height restriction. 12. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 13. Unusual circumstances or conditions necessitating a variance request are present in the neighborhood. With the following conditions: 1. The applicant must apply for building permits for the temporary CMRS facilities with the Building Division. 2. The applicant must apply for and obtain a demolition permit to remove the existing freestanding CMRS facility and must obtain a building permit to install the new facility with the Building Division with a color sample as part of the permit submittal. 3. All temporary CMRS facilities must be removed within 30 days of the completion of the new tower. 4. The applicant must follow all applicable State and Federal regulations as they pertain to the removal and installation of freestanding CMRS facilities. 5. All cellphone carriers must execute new lease agreements with the City of Wheat Ridge for the new facility. 6. Approval of the Special Use Permit for the freestanding CMRS facility runs with the land and is approved only as an accessory use. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 10 EXHIBIT 1: AERIAL Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 11 EXHIBIT 2: ZONING MAP Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 12 EXHIBIT 3: WRITTEN REQUEST Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 13 EXHIBIT 4: TEMPORARY FACILITIES SITE PLAN Outlined in red are the extent of the three temporary cell tower facilities in the southern parking lot of City Hall. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 14 EXHIBIT 5: NEW TOWER SITE PLAN Outlined in red is the extent of the new proposed cell tower contained within the existing facility’s compound. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 15 EXHIBIT 6: SITE PHOTOS Views of the existing cell tower looking northeast from southern parking lot (first picture) and west from Police Department parking lot (second picture). Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 16 Views of the existing cell tower looking south from W. 29th Avenue. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 17 View of the existing cell tower looking southeast from corner of W. 29th Avenue and Wadsworth Boulevard. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 18 EXHIBIT 7: CRITERIA RESPONSE Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 19 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 20 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 21 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 22 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 23 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 24 EXHIBIT 8: COVERAGE MAPS Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 25 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 26 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 27 Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 28 EXHIBIT 8: PHOTO STIMULATIONS Proposed view of temporary cell tower facilities in the southern parking lot. Proposed view of new cell tower facility. Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 29 NEIGHBORHOOD MEETING NOTES Meeting Date: November 4, 2020 Attending Staff: Stephanie Stevens, Senior Planner Zareen Tasneem, Planner I Location of Meeting: Virtual Zoom meeting Property Address: 7500 W. 29th Avenue Property Owner(s): City of Wheat Ridge Property Owner(s) Present? Yes Applicant: Sarah Chimak, Black & Veatch Jeff Sigl, Black & Veatch Applicant Present? Yes Existing Zoning: Residential-Two (R-2) Existing Comp. Plan: Public Existing Site Conditions: The property is located on the southeast corner of W. 29th Avenue and Wadsworth Boulevard. Wadsworth Boulevard is a principal north-south arterial in the City of Wheat Ridge, while this portion of W. 29th Avenue is a collector. According to the Jefferson County Assessor, the total area of the subject site is 396,262 square feet (9.097 acres) and the City Hall building was built in 1977. The subject site contains the City of Wheat Ridge’s City Hall and Hayward Park. The Beth Eden Baptist Church and School is located to the immediate south, Stride Community Health Center is located to the immediate north, and Crown Hill Cemetery is located to the immediate west. The property is zoned R-2, a zone district established to provide high quality, safe, quiet and stable low to moderate-density residential neighborhoods, and to prohibit activities of any nature which are incompatible with the residential character. Properties to the immediate south, east, and northeast are also residentially zoned and primarily contain low-density residential uses. The Stride facility is zoned Planned Commercial Development (PCD). Crown Hill Cemetery and Park is located in unincorporated Jefferson County, while the area south of W. 26th Avenue is located in the City of Lakewood. There is a freestanding CMRS facility located on the south side of the City Hall building. The existing structure is 159 feet tall. Applicant/Owner Preliminary Proposal: EXHIBIT 10: NEIGHBORHOOD MEETING Case Nos. SUP-21-01 & WA-21-02 / City Hall Cell Tower 30 The applicant would like to replace the existing freestanding cell tower with a new one. They have discovered that the existing tower, with a height of 159 feet and containing transmission equipment for four private carriers as well as city-owned equipment, has a failing foundation. The private carriers are considering cost-sharing with the City in order to help offset costs for the tower replacement. They are proposing the following scope of work: 1. Remove all transmission equipment from the existing tower. 2. Place two-four “lite-sites,” allowing the carriers the ability to continue service on a temporary basis within nearby parking spaces. 3. Deconstruct the existing 159-foot lattice tower. 4. Construct a new 130-foot monopole tower within the existing tower’s compound. 5. Replace transmission equipment onto new tower and remove the lite-sites. Since the City will no longer need to place transmission equipment on the new tower, the new tower is proposed to be 130 feet. However, if the City does desire to maintain equipment, the height can be modified. The following is a summary of the neighborhood meeting: • No residents from the neighborhood attended the meeting. • Staff discussed the application process with the applicant. Should this proposal become a land use case, this meeting summary will be included in the case file. ITEM NO: 3 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2021 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON CONSERVATION DISTRICT FOR THE REGENERATE WHEAT RIDGE GROWING URBAN AGRICULTURE PARTNERSHIPS PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Director of Parks & Recreation City Manager ISSUE: The City and the Jefferson Conservation District (JCD) developed and submitted a project proposal for the National Association of Conservation District’s (NACD) Urban Agriculture Conservation grant initiative. The proposal, titled “Regenerate Wheat Ridge: Growing Urban Agriculture Partnerships” was awarded $50,000 in funding. A Memorandum of Understanding (MOU) between the parties is required to detail the purpose, term, goals, responsibilities, and reimbursement requirements for the collaboration. PRIOR ACTION: No City Council action on this project prior to this point. FINANCIAL IMPACT: The grant is split between JCD and the City. The City will be reimbursed $25,000 for staff time and supplies for two community events (Arbor Day and Harvest Festival) and five regenerative agriculture events at Happiness Gardens. Council Action Form – MOU with Jefferson Conservation District June 14, 2021 Page 2 BACKGROUND: The NACD initiative funds local conservation districts up to $50,000 to implement urban agriculture projects. The City reached out to JCD to discuss potential projects that would fit with this grant initiative. Subsequent meetings led to the development of the “Regenerate Wheat Ridge: Growing Urban Agriculture Partnerships” project. The goals of the project are as follows: 1. Increase regenerative urban agricultural production in Wheat Ridge by identifying eligible parcels of land and providing technical assistance to facilitate at least two Local Land Producer Partnerships using the Happiness Gardens model. 2. Connect the community with Happiness Gardens to establish it as a community hub to elevate awareness of regenerative urban agriculture as well as current practices and opportunities to participate. The initiative provides reimbursement for incurred project expenses, and the City and JCD are each eligible for $25,000 in reimbursed funds. Project components and expenses must be completed and incurred between April 12, 2021 and April 12, 2022. RECOMMENDATIONS: The Parks and Recreation Department recommends that Council approve this Resolution to approve the Memorandum of Understanding with JCD. This approval will allow for the awarded grant funding to be utilized in partnership with JCD to complete the Regenerate Wheat Ridge: Growing Urban Agriculture Partnerships project. RECOMMENDED MOTION: “I move to approve Resolution No. 33-2021, a resolution approving a Memorandum of Understanding between the City of Wheat Ridge and the Jefferson Conservation District for the Regenerate Wheat Ridge Growing Urban Agriculture Partnerships project.” Or, “I move to postpone indefinitely Resolution No. 33-2021, a resolution approving a Memorandum of Understanding between the City of Wheat Ridge and the Jefferson Conservation District for the Regenerate Wheat Ridge Growing Urban Agriculture Partnerships project for the following reason(s) ______________________________________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks and Recreation Brandon Altenburg, Grant and Special Project Administrator Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2021 2. Exhibit A: Memorandum of Understanding ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2021 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON CONSERVATION DISTRICT FOR THE REGENERATE WHEAT RIDGE GROWING URBAN AGRICULTURE PARTNERSHIPS PROJECT WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City collaborated with the Jefferson Conservation District (JCD) on a joint application for a project titled “Regenerate Wheat Ridge: Growing Urban Agriculture Partnerships” to the National Association of Conservation District’s Urban Agriculture Conservation Grant initiative; and WHEREAS, the City and JCD’s project was awarded funding of $50,000 to be used towards expenses incurred by the project through April 12, 2022; and WHEREAS, the City and JCD have specific and joint responsibilities related to implementing the project and have specific end-goals for the project; and WHEREAS, the City of Wheat Ridge wishes to enter into a memorandum of understanding with the JCD to accomplish these goals. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Memorandum of Understanding between the City and the Jefferson Conservation District, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 14th day of June 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING [ATTACHED] Memorandum of Understanding Purpose: The purpose of this memorandum of understanding (MOU) is to formally outline agency responsibilities and deliverables, establish dates of partnership, and outline financial reimbursement from Jefferson Conservation District (JCD) to City of Wheat Ridge for completing duties as outlined below as part of the National Association of Conservation District’s (NACD) funded project “Regenerate Wheat Ridge: Growing Urban Agriculture Partnerships.” Term: The term of this MOU is from the date of the last signature through April 12, 2022. This MOU will not be modified unless changes, made in writing, are agreed upon by all parties. Goals: 1. Increase regenerative urban agricultural production in Wheat Ridge by identifying eligible parcels of land and providing technical assistance to facilitate at least two Local Land Producer Partnerships using the Happiness Gardens model. 2. Connect the community with Happiness Gardens to establish it as a community hub to elevate awareness of regenerative urban agriculture as well as current practices and opportunities to participate. City of Wheat Ridge Responsibilities: ● Act as lead organization to carry out the following events: o Arbor Day o 5 Regenerative urban agriculture events o Fall stakeholder event o Harvest Festival ● Provide JCD with invoices, receipts, and timesheets in order to receive reimbursement ● Creating and posting social media content Jefferson Conservation District Responsibilities: ● Hire a part-time employee to assist in meeting deliverables of this project ● Reimburse up to $25,000.00 to City of Wheat Ridge upon submission of invoices, receipts, and timesheets ● Sharing social media content Joint Responsibilities: ● Communicate with each other and other partners regularly to ensure project activities and deliverables are being met ● Convene a working group of key stakeholders and facilitate 3 meetings ● Draft and publish a technical assistance guide ● Find two new Local Land Producer Partnerships for the 2022 growing season ● Define eligible land production criteria ● Identify and prioritize qualifying private land parcels ● Conduct outreach to prioritized landowners ● Provide technical assistance for Local Land Producer Partnerships Reimbursement Requirements Below are expectations and requirements pertaining to JCD’s reimbursement of costs incurred by COWR relating to carrying out the responsibilities described above. ● JCD can only reimburse COWR after funds are received from NACD ● COWR will submit requests for reimbursement to JCD no more than once per quarter ● Requests for reimbursement must clearly align with the goals of the project, as outlined in the goals and responsibilities ● Costs incurred can begin April 12, 2021, so long as they align with the goals and responsibilities. ATTACHMENT 2 EXHIBIT A Colorado Constitution: TABOR Colorado Constitution ("TABOR"). This MOU does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in this MOU to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing appropriation of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with ordinances and resolutions of the City and other applicable law. Signatures _______________________________________________ _____________________ City of Wheat Ridge Date _______________________________________________ _____________________ Jefferson Conservation District Date ITEM NO: 4 DATE: June 14, 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 June 14, 2021 Page 2 FINANCIAL IMPACT: Enacting this ordinance is not expected to have any significant financial 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. 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, on second reading, and that it takes 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 HULTIN 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 8 to 0 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 14th day of June 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: 5 DATE: June 14, 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 June 14, 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 ordinance is not expected to have any significant financial 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. 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, on second reading, and that it take effect 15 days after publication.” Or, “I move to table indefinitely 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, for the following reason(s):______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER URBAN 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 8 to 0 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 14th day of June 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: 6 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2021 – A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE PROPOSED FINANCE OF CERTAIN ACTIVITIES AND UNDERTAKINGS WITHIN THE I70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA SECURED BY THE PROPOSED INCURRENCE OF A BOND BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO BE SECURED BY CERTAIN TAX INCREMENT REVENUES GENERATED BY THE PLAN AREA PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: The Wheat Ridge Urban Renewal Authority (Authority) dba Renewal Wheat Ridge (RWR) will be issuing tax-exempt bonds (Bonds) this July for various capital projects within the I-70/Kipling Corridors Urban Renewal Plan Area (Plan Area). A majority of the revenues from the Bonds will be used for City initiated public improvement projects. An Intergovernmental Agreement (IGA) between the City and RWR will detail the partnership between the two parties to fund and construct the public improvement projects. PRIOR ACTION: On June 7, 2021 City Council provided consensus to bring this item forward at a future Council meeting. Council Action Form – RWR Bond IGA June 14, 2021 Page 2 FINANCIAL IMPACT: This Resolution does not create a general obligation or other indebtedness of the City and will not obligate or compel the City to make payments in the event of a draw on or deficiency in the Reserve Fund beyond those appropriated in the City Council’s sole discretion. BACKGROUND: The issuance of the Bonds by RWR will provide funding for public improvement projects within the Plan Area. The IGA between the City and RWR details the responsibilities of both parties in funding and constructing the public improvements. RWR shall provide the necessary funds for the capital projects and the City shall appropriate those funds and use City staff and processes in order to contract for the completion of those projects. RECOMMENDATIONS: Staff recommends Council adopt Resolution 30-2021. RECOMMENDED MOTION: “I move to approve Resolution No. 30-2021, a resolution of the City of Wheat Ridge, Colorado approving an intergovernmental agreement concerning the proposed finance of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan area secured by the proposed incurrence of a bond by the Wheat Ridge Urban Renewal Authority to be secured by certain tax increment revenues generated by the plan area.” Or, “I move to postpone indefinitely Resolution No. 30-2021, a resolution of the City of Wheat Ridge, Colorado approving an intergovernmental agreement concerning the proposed finance of certain activities and undertakings within the I70/Kipling Corridors Urban Renewal Plan area secured by the proposed incurrence of a bond by the Wheat Ridge Urban Renewal Authority to be secured by certain tax increment revenues generated by the plan area for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Steve Art, Executive Director, Renewal Wheat Ridge Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Resolution No. 30-2021 a. Exhibit 1 - Intergovernmental Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2021 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE PROPOSED FINANCE OF CERTAIN ACTIVITIES AND UNDERTAKINGS WITHIN THE I70/KIPLING CORRIDORS URBAN RENEWAL PLAN AREA SECURED BY THE PROPOSED INCURRENCE OF A BOND BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO BE SECURED BY CERTAIN TAX INCREMENT REVENUES GENERATED BY THE PLAN AREA WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29- 1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and WHEREAS, the Authority desires to issue a Bond for certain Public Improvements (Improvements) within the Urban Renewal Plan; and WHEREAS, the Authority has entered into a Cooperation Agreement with City of Wheat Ridge to relating to replenishment of funds in the bond reserve account; and WHEREAS, the City has determined and hereby determines that it is in the best interests of the City and its citizens to assist in the Improvements funded by the Authority through the bond; and WHEREAS, the Authority has determined that the Improvements will remediate blight and is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues; and WHEREAS, in connection with the Improvements and the incurrence of the Bond by the Authority, it is necessary and in the best interests of the City to enter into an Intergovernmental Agreement (the “Intergovernmental Agreement”) between the City and the Authority; and WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the proposed form of the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: A. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home rule charter (the “Charter”), and in accordance with the foregoing recitals, that adopting this Resolution, entering into the Intergovernmental Agreement (Exhibit 1), and facilitating the performance of duties relating the expenditure toward public improvements are necessary, convenient, and in furtherance of the City’s purposes and are in the best interests of the inhabitants of the City. DONE AND RESOLVED this 14th day of June 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") dated as of the ____ day of __________, 2021, is entered into by and between the City of Wheat Ridge, Colorado (the "City"), a home rule municipal corporation of the State of Colorado, and the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (the "Authority"), a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. RECITALS: WHEREAS, the City is a home rule municipality and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and the Home Rule Charter of the City of Wheat Ridge; WHEREAS, the Authority is a body corporate and has been duly organized established and authorized by the City to transact business and exercise its powers as an urban renewal authority, all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq. (the "Act"); WHEREAS, pursuant to C.R.S. § 31-25-109 of the Act, the Authority has the power and authority to issue or to incur notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, advances or other obligations including refunding obligations (collectively, the "Obligations"), for the purpose of financing the activities and operations authorized to be undertaken by the Authority with respect to the projects in accordance with an adopted urban renewal plan and the Act as approved by the City; WHEREAS, the Authority has determined pursuant to the statutory authorization set forth in C.R.S. § 31-25-103(10)(c), and C.R.S. § 31-25-105(1)(c) to construct and otherwise provide for public improvements in furtherance of the I-70/Kipling Urban Renewal Plan (collectively, the "Capital Projects"); WHEREAS, the City and the Authority desire to enter into this Agreement to set forth the relationship between the City and the Authority regarding the construction of the Capital Projects by the Authority; and WHEREAS, the Act, C.R.S. 29-1-203and Section 18 Article XIV of the Colorado Constitution authorize the City and the Authority to enter into cooperative agreements such as this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the following terms and conditions, the City and the Authority hereby agree to this Agreement as follows: 1. CAPITAL PROJECTS WITHIN THE I-70/KIPLING URBAN RENEWAL PLAN AREA. The City and the Authority desire to have the Authority fund or otherwise provide the Capital Projects more particularly described in Exhibit A, attached hereto, and incorporated herein by this reference, pursuant to C.R.S. § 31-25-103(10)(c), and C.R.S. § 31-25-105(1)(c), and seek to utilize the process set forth in this Agreement. A. The City and the Authority therefore agree the provisions of this Agreement shall apply if the Authority approves the funding for the providing of any of the Capital Projects identified in Exhibit A. B. The Parties agree that the Authority shall provide the necessary funds for any Capital Project identified on Exhibit A, including necessary soft costs, and said funds shall thereafter be appropriated by the City for such Capital Projects as more particularly described in the contracts of the City approving any of the identified Capital Projects. The City shall use the City procurement processes and City employees in order to contract for the completion of the Capital Projects with the segregated funds as set forth herein. The Authority shall have no obligation after providing the funds to the City for construction of the Capital Projects. 2. MISCELLANEOUS. A. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado and shall be subject to the limitations if any that are applicable under the Charter or ordinances of the City. B. Notices. All notices and other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by first class mail postage prepaid addressed as follows: If to the City: City of Wheat Ridge, Colorado Attn: 7500 West 29th Avenue Wheat Ridge, Colorado 80033 If to the Authority: Renewal Wheat Ridge Attn: Steve Art 7500 West 29th Avenue Wheat Ridge, Colorado 80033 The City or the Authority may, by notice given hereunder, designate any further or different addresses to which subsequent notices or other communications shall be sent. C. Termination. Either party may terminate this Agreement upon thirty (30) days' written notice to the other party provided however there are no outstanding amounts payable by the Authority to the City, unless satisfactory arrangements have been made in the sole discretion of the City for the payment of such amounts. D. Severability. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision hereof. E. Entire Agreement — Amendments. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained within this Agreement. This Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto relating to the matters set forth herein. This Agreement may be further amended by written agreement between the City and the Authority. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and delivered by their duly authorized officers as of the date first above written. CITY OF WHEAT RIDGE, COLORADO By: ____________________________________ Bud Starker, Mayor Attest: ________________________________ Steve Kirkpatrick, City Clerk WHEAT RIDGE URBAN RENEWAL AUTHORITY By: _____________________________________ Walt Pettit, Chairman Attest: _____________________________________ Steve Art, Executive Director Exhibit A ITEM NO: 7 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,134,656 FOR THE PURPOSE OF FUNDING EMPLOYEE POSITIONS, VEHICLES, PRIORITY PROJECTS AND OTHER OPERATING EXPENDITURES THAT WERE EXCLUDED FROM THE 2021 BUDGET DUE TO COVID-19 RELATED BUDGET CONSTRAINTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The 2021 budget was adopted based on conservative revenue projections and with minimal expenditures sufficient to deliver quality services to the community, while maintaining a healthy budget reserve. The 2021 budget excluded funding for some vacant and new employee positions, fleet replacements, technological investments, priority projects and initiatives and staff training and development due to the economic uncertainty caused by the pandemic. Given the strength of Wheat Ridge’s local economy combined with continued demand for services, staff requests that Council restore a number of positions, vehicles, projects and initiatives to the 2021 budget. PRIOR ACTION: On September 23, 2020, the City Manager presented a proposed 2021 Budget to Council. The budget document and accompanying presentation listed $1,489,026 in unbudgeted positions, vehicles, projects, technology, other equipment and training and development. Council Action Form – Budget Supplemental Resolution June 14, 2021 Page 2 On October 26, 2020, Council adopted the 2021 budget with the items described above left unfunded and on the “wish list.” FINANCIAL IMPACT: The City’s conservative 2021 budget projected a 10% decrease in revenue compared to 2020 year-end revenues. Through April 30, 2021, revenues overall have increased 2.1% compared to the same period in 2020. Most notably, sales tax is up approximately 10% over the same period last year and likewise, licenses and permits have increased 12.6% in that same period. Revenues associated with development and construction, excluding the new SCL Health medical campus, are now projected to exceed budget by over $1 million this year. Overall, revenues are tracking against or beating the projected budget in all categories. Additionally, the City will be receiving revenue through the American Rescue Plan Act (ARPA) and from building use taxes and permits associated with the new medical campus. The City expects to receive approximately $7.9 million from the ARPA and approximately $10.0 million in permit fees and building use taxes associated with the new medical campus construction over the next two years. None of these revenues were included in the 2020 budget. The 2021 General Fund budget appropriation was 13% less than the 2020 adjusted budget and expenditures are tracking against budget. However, the workload associated with current activities and demand for services in the City necessitates restoring positions, vehicles, projects and initiatives as the City is in a financial position to do so. BACKGROUND: After careful and collaborative review among members of the City’s Executive Management Team (EMT), the following table is a summary of the requested items by category. A more detailed explanation of each category follows the table. Category Current Request Notes Fill Vacant Positions $92,509 Purchasing Coordinator, Civil Engineer and Records Specialist Two Additional Police Officers $85,731 Crime Prevention Officer and Property Crimes Detective Sustainability Coordinator $20,000 Increase from part time to full time beginning July 1, 2021 per Council discussion Vehicle Replacement Program $291,500 Seven vehicles that were deferred Projects $285,000 Funds two Council Priorities – 44th Avenue Planning, and the Enterprise Resource Planning (ERP) Analysis. Technology $186,000 Supports Council’s priority to streamline and improve licensing and permitting by enhancing online customer capabilities. Also funds security camera upgrades, CISCO switches and routers Council Action Form – Budget Supplemental Resolution June 14, 2021 Page 3 that will soon be unsupported, and replaces aging computers that have past their useful life. Other Equipment and Services $152,666 Includes one additional mower, duct cleaning, janitorial services, additional ASL and Spanish interpretation funds and replenishes the management contingency that was underbudgeted in 2021. Training and Development $21,250 Various training and professional development City-wide to develop skills. TOTAL $1,134,656 Staffing In the 2021 budget, seven positions were not funded as they were vacant at the time the budget was developed and the EMT temporarily assigned responsibilities to other staff members. These positions included • Deputy Court Administrator • Judicial Assistant I • Two (2) Records Specialists • Buyer II • Landscape Inspection Program Manager • Vacant Engineering Position – classification TBD At this point in the year, funding and filling the Buyer II (now Purchasing Coordinator), one of the Records Specialists and the Civil Engineer I (vacant engineering position) is considered critical due to workload. EMT will continue to monitor the workload associated with the remaining positions for a possible request to Council later this year. Regardless, the intent is to budget all remaining vacant positions in the 2022 budget. In the 2021 Budget, staff listed two new Police Officers as potential needs mid-year. Following careful review and analysis, an additional Crime Prevention Officer and Property Crimes Detective are necessary and account for two specific positions listed in 2021 and 2022 in the City’s 5-Year Staffing Plan. The additional Crime Prevention Officer expands the Police Department’s ability to respond to the growing homelessness situation in Wheat Ridge, as well as provide additional crime prevention and safety education programs that are currently in high demand. The Property Crimes Detective will serve in a specialized partnership program with the US Secret Service. Upon completion of a computer forensic examination course, the incumbent will return to the Police Department with approximately $50,000 worth of computer forensics equipment to handle all matter of digital evidence. This request adds two full time equivalent employees (FTE) to the staffing plan as adopted in 2021. At Council’s February 1, 2021 Study Session, Sustainable Wheat Ridge provided an update with its progress in fulfilling its action plan. Part of that discussion focused on the need to increase the part time staff member to full time. Due to workload and activities, the Sustainability Coordinator has Council Action Form – Budget Supplemental Resolution June 14, 2021 Page 4 been working extra hours so far this year. This request funds the Sustainability Coordinator full time beginning July 1, 2021 and increases the City’s headcount by 0.5 FTE. Safety and security of visitors, elected officials and employees at City Facilities has been a priority for leadership this past few years. An area of weakness has been the Court Marshal and Lobby Security programs at City Hall. Currently, the City hires two part time Court Marshals to provide security to court and transport prisoners. Because these positions are part time, it has been difficult to attract and retain good employees. Additionally, the City contracts with a private security firm to provide City Hall lobby security services. The private firm provides low wages and minimal benefits to its employees, likewise, making the guard hard to retain. Staff recommends the City hire three full time Court Marshals to provide security and customer service to City Hall and Court, transport prisoners and fulfill any extra security needs. This is an FTE increase of 1.75 to the City’s staffing plan but eliminates two contract security positions. No additional dollars are needed in 2021 to fulfil this request. In a typical year, it is estimated the program will cost approximately $50,000 more than the current program, not accounting for costs associated with frequent hiring and training replacement employees. Vehicle Replacement Program Staff deferred seven vehicles on the Vehicle Replacement Plan pending budget availability. The list includes the transit van for the SWAT vehicle purchased in cooperation with the City of Lakewood and is the City’s obligation to this partnership. The list also includes three hybrid SUVs for the Police Department, an electric sedan to enable the Engineering team to conduct field inspections, and hybrid vehicles for the City’s IT and Active Adult Center teams. Projects Funding for three important projects is restored in this request including: • Conducting the 44th Avenue Planning effort, put on hold in 2020 due to COVID. Discussed as a priority for Council at the February 20th retreat • Conducting the Enterprise Resource Planning (ERP) program analysis, put on hold due to COVID. This supports Council’s priority to streamline and improve permitting and licensing as discussed at the May 10, 2021 study session • Relocating computer servers at the Active Adult Center out of a janitorial closet to a more secure and permeant location Technology This request restores funding for the following projects • Adds and replaces security cameras at Wheat Ridge Recreation Center and City Hall and upgrades access control • Replaces CISCO remote switches and routers at five locations which will fall out of support in 2022 • Replaces computer hardware that is well past its useful life • Improves current online capabilities for building permit submittals Council Action Form – Budget Supplemental Resolution June 14, 2021 Page 5 Other Equipment and Services Included in this request is an additional mower for the parks team, duct cleaning at City Hall which was deferred due to COVID and additional funds for Spanish and ASL interpretation for public meetings. The request also adequately funds the City’s janitorial contract and replenishes the management contingency which was underbudgeted in 2021. Training and Development Very few training and professional dollars were budgeted in 2021. This request restores some training and development opportunities in the second half of the year for confirmed trainings that will benefit the City. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation and additional 4.25 FTE request. RECOMMENDED MOTION: “I move to approve Resolution No. 32-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,134,656 for the purpose of funding employee positions, vehicles, priority projects and other operating expenditures that were excluded from the 2021 budget due to COVID-19 related budget constraints.” Or, “I move to postpone indefinitely Resolution No. 32-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,134,656 for the purpose of funding employee positions, vehicles, priority projects and other operating expenditures that were excluded from the 2021 budget due to COVID-19 related budget constraints, for the following reason(s)_______________________________ _______________________________________________________________________.” REPORT PREPARED AND REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 32-2021 2. Exhibit A CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2021 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,134,656 FOR THE PURPOSE OF FUNDING EMPLOYEE POSITIONS, VEHICLES, PRIORITY PROJECTS AND OTHER OPERATING EXPENDITURES THAT WERE EXCLUDED FROM THE 2021 BUDGET DUE TO COVID-19 RELATED BUDGET CONSTRAINTS WHEREAS, the City prepared and adopted a 2021 budget reflective of the economic uncertainty caused by the COVID-19 pandemic; and WHEREAS, revenues in 2021 are showing strength beyond projections; and WHEREAS, to continue to meet the demand for services and priorities, certain positions, vehicles, projects and initiatives should be restored to the 2021 budget and 4.25 new positions should be added; and WHEREAS, a supplemental budget appropriation is necessary to transfer the funds from the unreserved fund balance to specific 2021 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat Ridge fiscal year 2021 Budget be amended accordingly, adding 4.25 FTE positions and transferring a total of $1,134,656 from the General Fund unreserved fund balance to specific 2021 budget line items as detailed in the attached spreadsheet (Exhibit A) DONE AND RESOLVED this 14th day of June 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Exhibit A Account Number Amount Item 01-103-700-702 $3,000 Training and Development 01-105-700-706 $1,750 Dues 01-106-600-602 $15,941 Sustainability Coordinator Salary 01-106-600-620 $988 Sustainability Coordinator FICA 01-106-600-625 $231 Sustainability Coordinator Medicare 01-106-600-630 $956 Sustainability Coordinator ICMA 01-106-700-702 $8,000 Training and Development 01-106-700-798 $50,000 Management Contingency 01-111-700-702 $4,000 Training and Development 01-113-700-750 $1,000 ASL/Spanish Interpretation 01-116-600-602 $27,691 Purchasing Coordinator Salary 01-116-600-620 $1,717 Purchasing Coordinator FICA 01-116-600-625 $402 Purchasing Coordinator Medicare 01-116-600-630 $1,661 Purchasing Coordinator ICMA 01-117-700-750 $107,500 ERP Consultant; Online building permits 01-117-800-809 $178,500 Cisco routers and switches; computer hardware, cameras 01-118-700-774 $30,000 Duct Cleaning 01-118-800-812 $10,000 AAC server room relocation 01-121-700-750 $175,000 44th Ave Subarea Plan 01-123-600-602 $28,255 Civil Engineer Salary 01-123-600-620 $1,752 Civil Engineer FICA 01-123-600-625 $410 Civil Engineer Medicare 01-123-600-630 $1,978 Civil Engineer ICMA 01-205-600-602 $33,015 Crime Prevention Salary 01-205-600-625 $479 Crime Prevention Medicare 01-205-600-633 $3,632 Crime Prevention ICMA 01-205-600-634 $991 Crime Prevention FPPA 01-206-600-602 $15,360 Records Specialist Salary 01-206-600-620 $1,143 Records Specialist FICA 01-206-600-625 $223 Records Specialist Medicare 01-206-600-630 $922 Records Specialist ICMA 01-207-700-702 $4,500 Training and Development 01-212-600-602 $33,015 Property Crimes Salary 01-212-600-625 $479 Property Crimes Medicare 01-212-600-633 $3,632 Property Crimes ICMA 01-212-600-634 $991 Property Crimes FPPA 01-303-800-807 $291,500 Vehicle Replacement Program 01-603-800-809 $11,666 Mower 01-610-600-626 $22,376 Benefits for positions 01-610-700-704 $60,000 Janitorial TOTAL $1,134,656 ATTACHMENT 2 ITEM NO: 8 DATE: June 14, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING THE REVISED COUNCIL RULES OF ORDER AND PROCEDURE DATED JUNE 14, 2021 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.” PRIOR ACTION: Council Rules of Order and Procedure were last amended in 2019. Proposed amendments were reviewed at the June 7, 2021 study session. SUMMARY: Attached is a redline and clean version of the Council Rules of Order and Procedure resulting from the June 7, 2021 study session at which numerous sections of the Rules were discussed and recommended for change. The changes which received a consensus from City Council have been Council Action Form - Council Rules of Order and Procedure June 14, 2021 Page 2 incorporated into the attached revised Council Rules of Order and Procedure. The major categories and issues include the following: 1. Replace "Citizen" with "Public" or "Member of the Public" for "Citizen's Right to Speak"; and replace "Citizen" with "Public" or "Member of the Public" throughout the document. 2. Clean up the rules throughout to consistently use the term "Chair" instead of "Presiding Officer". 3. Sections II.A.2 & II.A.3: add sections allowing for an additional three minutes for speakers requiring translation services. 4. Section II.A.3.(c): strike the last “will” and replace with “may”. 5. Section II.A.4(e): amend to take into account comments received by the public through Wheat Ridge Speaks. 6. Section II.A.4.(g): insert “or his or her designee” after “The City Clerk…”. 7. Section IV.A.1: amend to strike the words “in the Municipal Building”. 8. Section IV.A.5: add language that council members are expected to attend Council meetings in person unless in the event of illness, weather, or other necessity, members may attend virtually by telephone or through the zoom or other remote attendance platform provided by the City. 9. Section IV.C: add language to specific a majority of city council or the chair can adjourn a meeting. 10. Section V.B: move Approval of Minutes and Approval of Agenda to before Proclamations and Ceremonies on City Council agendas. 11. Section IV.D.3: add “or the discussion be returned to the stated matter” at the end of the paragraph. 12. Section V.E.1: revise the second sentence to read: “There is no limit on individual public testimony, provided, however, that the presiding officer may impose a limit on individual speaker’s time IN CONSIDERATION OF THE NUMBER OF SPEAKERS SIGNED UP ON THE HEARING ITEM AND THE AVAILABLE TIME FOR THE HEARING. 13. Section V.F.2: strike the last sentence, “Amendments to a proposed ordinance may be made during First Reading.” RECOMMENDATION: Staff recommends approval of the revised Council Rules of Order and Procedure. RECOMMENDED MOTION: “I move to approve the revised Council Rules of Order and Procedure dated June 14, 2021.” Or, “I move to approve the revised Council Rules of Order and Procedure dated June 14, 2021, with the following amendment(s) __________________________________.” Council Action Form - Council Rules of Order and Procedure June 14, 2021 Page 3 Or, “I move to deny the approval of the revised Council Rules of Order and Procedure dated June 14, 2021, for the following reason(s) _______________________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Draft Rules dated June 14, 2021 – REDLINE 2. Draft Rules dated June 14, 2021 - CLEAN ATTACHMENT 1 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Revised: February 25, 2019June 14, 2021 -2- TABLE OF CONTENTS I. AUTHORITY 3 II. CITIZENS’ PUBLIC’S RIGHTS TO SPEAK 3 III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 4 CHAIR………………………………………………………………………………………………………………4 MAYOR PRO TEM .............................................................................. 5 CITY CLERK..................................................................................... 5 CITY ATTORNEY ............................................................................... 6 PARLIAMENTARIAN AND RULES OF ORDER........................................... 6 IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ........................................................................ 6 STUDY SESSIONS ............................................................................ 7 ADJOURNED MEETINGS .................................................................... 7 EXECUTIVE SESSIONS ...................................................................... 7 MEETING NOTICES AND REQUIREMENTS ............................................. 7 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS .................................................................................. 8 ABSENCES ...................................................................................... 8 RIGHT OF THE FLOOR ....................................................................... 8 ELECTED OFFICIALS’ MATTERS .......................................................... 9 V. ORDER OF BUSINESS AND THE AGENDA 9 SCOPE OF RULE ............................................................................... 9 ORDER OF BUSINESS…………………………………………………………………………………….9 AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS…………………….9 INITIATING AND ADDING AGENDA ITEMS ........................................... 10 PUBLIC HEARINGS .......................................................................... 11 ORDINANCES ON FIRST READING ..................................................... 12 TIME OF ADJOURNMENT................................................................... 12 VI. RECONSIDERATION 13 VII. SUSPENSION AND AMENDMENT OF THESE RULES 13 SUSPENSION.................................................................................. 13 AMENDMENT .................................................................................. 13 -3- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY Sections 4.7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. II. CITIZENS’ PUBLIC’S RIGHT TO SPEAK A. CITIZENS’ PUBLIC’S RIGHT TO SPEAK 1. Citizens’ Public’s right to speak at meetings of the City Council is of primary importance. This Rule describes those rights and the manner in which they are exercised. 2. Citizens’ Public’s right to speak at Regular, Adjourned and Special Council Meetings a) For non-agenda items: a citizen member of the public may speak once per meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) citizens members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. a)b) For non-agenda items: a member of the public requiring translation services may speak once per meeting for a maximum of six (6) minutes. b)c) For agenda items: a citizen member of the public may speak once for each agenda item, for any length of time unless time is limited by the presiding officerchair at the beginning of the item. 3. Citizens’ Public’s right to speak at Study Sessions: a) A citizen member of the public may speak once per agenda item for a maximum of three (3) minutes. Up to two (2) citizens members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. -4- a)b) A member of the public requiring translation services may speak once per agenda item for a maximum of six (6) minutes. b)c) Citizen Public comments will may be heard at the beginning of the Study Session, unless the Study Session is combined with a Regular, Special or Adjourned Council meeting, in which case the comments will be taken at the beginning of that meeting. 4. General Restrictions on Citizens’ Public’s Right to Speak a) There is no limit on the number of persons who may speak. b) Content of Citizen Public Comments are not censored, other than threatening language, which is not permitted. c) Speakers should limit their comments to the relevant topic or agenda item. d) Speakers are requested to sign the appropriate roster in the Council Chambers and will be called in order. e) Written comments provided to the Council in any of the online tools provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. The reading of written comments into the record is not permitted unless a member of the public representing the author is present to read them into the record at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items. f) Speakers may provide other documents, photos, etc. to the Council by giving them to the City Clerk. g) The City Clerk, or his or her designee, is the designated timekeeper for all time-limited comments. h) Councilmembers and the Mayor have the choice of whether or not to respond to citizens members of the public after the completion of Citizens’ Public’s Right To Speak. III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS -5- A. CHAIR 1. The Mayor shall preside over the meetings of the City Council as the Chair. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of member’s motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. 2. If presiding as the meeting Chair, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem’s duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session, before publication, with the exception of: a) An item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting pursuant to Rule V.D.1; or b) An item added by the Council by majority vote of Council present during any meeting pursuant to Rule V.C.6. -6- 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, within two (2) months after the election. C. CITY CLERK The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY The City Attorney or acting City Attorney shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The current edition of Robert’s Rules of Order, newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the current edition of Robert’s Rules of Order, newly revised, are inconsistent with these Rules of Order and Procedure, these Rules of Order and Procedure control. 5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order or procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS 1. The Council meets in the Municipal Building for Regular, Adjourned, and Special Meetings and Regular and Special Study Sessions. -7- 2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 PM, unless otherwise provided by the Mayor Pro Tem. 4. The Mayor Pro Tem may schedule additional Study Sessions to take place at any other day and time. 4.5. Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other remote attendance platforms provided by the City. B. STUDY SESSIONS 1. Study Sessions shall be for the purpose of discussing concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Until an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session as provided by Rule II.A.3. C. ADJOURNED MEETINGS Any Meeting of the Council may be adjourned, by a majority vote of council members present or the chair, to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS 1. The Council may meet in Executive Session on a vote of a majority of City Council members present in a Regular or Special Meeting (Charter Section 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If, at any time during the Executive Session, a Council Member feels that a matter is being discussed other than that stated as the purpose of the Executive Session, that member should so state and may request that the Executive Session be terminated. If a consensus of City Council Members present agree, the session shall be terminated -8- or the discussion shall be returned to the stated purpose of the Executive Session. 4. All requirements of the Colorado Open Meetings Law shall be followed. E. MEETING NOTICES AND REQUIREMENTS 1. Meetings involving no more than two (2) Council Members, whether in person, by telephone or other electronic medium and whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 2. Meetings of any three (3) or four (4) Council Members must be open to the public, but no advance notice is required. 3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the meeting, with the exception of Special Meetings and emergency Special Meetings, pursuant to Charter Section 5.2, on the City website and the locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. a) The City Clerk is responsible for the posting of the meeting pursuant to the Charter and Code. b) There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to attend. 4. Public meetings arranged by the City for the citizensmembers of the public, such as open houses and public input meetings, are not meetings of the City Council. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. -9- 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES In the event that a Council Member expects to be absent from a Regular, Special or Adjourned Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR 1. The presiding officerchair must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the Agenda Item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member’s argument or vote. (applicable also to Study Sessions) 4. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. I. ELECTED OFFICIALS’ MATTERS This is the time elected officials may make comments on any subject. Time limit per elected official will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule V shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS The general rule as to the Order of Business in Regular Meetings: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • PROCLAMATIONS AND CEREMONIES • APPROVAL OF MINUTES -10- • APPROVAL OF AGENDA • PROCLAMATIONS AND CEREMONIES • CITIZENS’ PUBLIC’S RIGHT TO SPEAK • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER’S MATTERS • CITY ATTORNEY’S MATTERS • ELECTED OFFICIALS’ MATTERS • ADJOURNMENT C. AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS 1. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Mayor Pro Tem following the Order of Business provided in this Rule. 2. By majority vote of the City Council during any City Council meeting the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to the Agenda of such meetings under “Approval of Agenda,” subject to approval by a majority of the Council members present. 3. The Agenda shall be distributed to the members of City Council and the public by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting. 4. The City Clerk’s Office shall be notified of the Agenda by noon on the Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be filed with the Clerk’s office by 5:00 PM on that day in order to be included in the City Council packet. 5. A majority of City Council Members present at a meeting is required to direct the City Attorney or staff to draft an ordinance to be included on the Agenda. 6. A majority vote of City Council Members present may add, change the order of, or delete an item from, the Agenda under “Approval of Agenda.” In Regular Meetings, this must be done before Public Hearings and Ordinances on Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item pertains or to the City Council Member who initiated the item. Council Agenda Items not specific to a City Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting. The Mayor shall assign Agenda Item introductions and -11- notify each City Council Member and the City Clerk prior to each City Council meeting. 8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of any anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. City Council may not approve an appropriation under City Manager’s Matters, City Attorney’s Matters, or Elected Officials’ Matters. D. INITIATING AND ADDING AGENDA ITEMS 1. City Council Members or the Mayor may each originate an Agenda Item with the approval of one other City Council Member. Each City Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem under Rule III.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any City Council Member during any single month. 2. It is the responsibility of the originating City Council Member to provide backup material for the City Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule VI, once an item has been decided by a formal City Council vote at any Regular, Special or Adjourned Meeting or by a binding consensus vote at any Study Session under Rule IV.B.1, it is not eligible to be added to a future Agenda for six (6) months. 4. Motions made by City Council Members which are not in the City Council packet should be submitted to the City Clerk and the Mayor in writing during the City Council Meeting so they may be accurately voted upon and included in the minutes. 5. During a Regular Meeting, under the City Manager’s Matters, the City Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the City Council by a majority vote of Council present (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). -12- 6. The City Manager may add administrative and operational items to the agenda during “Approval of Agenda.” E. PUBLIC HEARINGS 1. All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. There is no time limit on individual public testimony, provided, however, that the presiding officerchair may impose a limit on individual speakers’ time in consideration of the number of speakers signed up on the hearing item and the available time for the hearing. The City Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, the public has been able to speak on the matter, the City staff and the applicant have been given the opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing shall be proper at any time. 2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet: a) Councilmembers shall refrain from communicating with each other, the applicant, or the public prior to the hearing. b) Written material and e-mails received prior to the hearing shall be forwarded to staff for inclusion in the hearing record. c) The presiding officerchair shall swear in all witnesses, affirming their intention to tell the truth F. ORDINANCES ON FIRST READING 1. It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. 2. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance may be made during a First Reading. G. TIME OF ADJOURNMENT -13- 1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. 2. Prior to such adjournment, the City Council may take any of the following actions: a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining Agenda. b) Acting by a majority vote of the City Council Members present, schedule any unfinished items for a future Regular or Special Council Meeting. c) Acting by majority vote of the City Council Members present, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider may be made only by a City Council Member originally voting with the prevailing side. 2. Such motion to reconsider shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of such motion to reconsider. If not reconsidered at that time, the issue may not be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire City Council. 4. A City Council Member who was absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided that City Council Member affirms, on the record, that he or she has listened to the recording of that Agenda Item. VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of the City Council Members present. -14- B. AMENDMENT These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein. ATTACHMENT 2 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Revised: June 14, 2021 -2- TABLE OF CONTENTS I. AUTHORITY 3 II. PUBLIC’S RIGHT TO SPEAK 3 III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS 5 CHAIR………………………………………………………………………………………………………………5 MAYOR PRO TEM .............................................................................. 5 CITY CLERK..................................................................................... 6 CITY ATTORNEY ............................................................................... 6 PARLIAMENTARIAN AND RULES OF ORDER........................................... 6 IV. COUNCIL MEETINGS AND MEETING PROCEDURES 6 TYPES OF MEETINGS ........................................................................ 6 STUDY SESSIONS ............................................................................ 7 ADJOURNED MEETINGS .................................................................... 7 EXECUTIVE SESSIONS ...................................................................... 7 MEETING NOTICES AND REQUIREMENTS ............................................. 8 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS .................................................................................. 8 ABSENCES ...................................................................................... 9 RIGHT OF THE FLOOR ....................................................................... 9 ELECTED OFFICIALS’ MATTERS .......................................................... 9 V. ORDER OF BUSINESS AND THE AGENDA 9 SCOPE OF RULE ............................................................................... 9 ORDER OF BUSINESS…………………………………………………………………………………….9 AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS……………………10 INITIATING AND ADDING AGENDA ITEMS ........................................... 11 PUBLIC HEARINGS .......................................................................... 12 ORDINANCES ON FIRST READING ..................................................... 12 TIME OF ADJOURNMENT................................................................... 12 VI. RECONSIDERATION 13 VII. SUSPENSION AND AMENDMENT OF THESE RULES 13 SUSPENSION.................................................................................. 13 AMENDMENT .................................................................................. 14 -3- RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO I. AUTHORITY Sections 4.7 and 5.1 of the Home Rule Charter of the City of Wheat Ridge authorize the City Council to determine its own rules of order and procedure for meetings. The following Rules shall be in effect upon their adoption by the Council until such time as they are amended or new Rules adopted in the manner provided by these Rules. II. PUBLIC’S RIGHT TO SPEAK A. PUBLIC’S RIGHT TO SPEAK 1. Public’s right to speak at meetings of the City Council is of primary importance. This Rule describes those rights and the manner in which they are exercised. 2. Public’s right to speak at Regular, Adjourned and Special Council Meetings a) For non-agenda items: a member of the public may speak once per meeting for a maximum of three (3) minutes on any item not on the agenda. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. b) For non-agenda items: a member of the public requiring translation services may speak once per meeting for a maximum of six (6) minutes. c) For agenda items: a member of the public may speak once for each agenda item, for any length of time unless time is limited by the chair at the beginning of the item. 3. Public’s right to speak at Study Sessions: a) A member of the public may speak once per agenda item for a maximum of three (3) minutes. Up to two (2) members of the public present and signed up to speak may donate their time to the speaker for a maximum of nine (9) minutes. -4- b) A member of the public requiring translation services may speak once per agenda item for a maximum of six (6) minutes. c) Public comments may be heard at the beginning of the Study Session, unless the Study Session is combined with a Regular, Special or Adjourned Council meeting, in which case the comments will be taken at the beginning of that meeting. 4. General Restrictions on Public’s Right to Speak a) There is no limit on the number of persons who may speak. b) Content of Public Comments are not censored, other than threatening language, which is not permitted. c) Speakers should limit their comments to the relevant topic or agenda item. d) Speakers are requested to sign the appropriate roster in the Council Chambers and will be called in order. e) Written comments provided to the Council in any of the online tools provided by the City, or in hard copy, are permitted on any agenda or non-agenda item and should be given to the City Clerk for distribution to the Council members and inclusion in the record. The reading of written comments into the record is not permitted unless a member of the public representing the author is present to read them into the record at the written request of the author. A Council Member or the City Clerk may read written comments into the record with the approval of the majority of the Council present. Any such individual reading is limited to three (3) minutes on non-agenda items. f) Speakers may provide other documents, photos, etc. to the Council by giving them to the City Clerk. g) The City Clerk, or his or her designee, is the designated timekeeper for all time-limited comments. h) Councilmembers and the Mayor have the choice of whether or not to respond to members of the public after the completion of Public’s Right To Speak. -5- III. CHAIR, MAYOR PRO TEM, CITY CLERK, CITY ATTORNEY, PARLIAMENTARIAN AND THEIR DUTIES AT MEETINGS A. CHAIR 1. The Mayor shall preside over the meetings of the City Council as the Chair. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair. 3. The Chair shall preserve order and decorum, prevent personal attacks or the impugning of member’s motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. 2. If presiding as the meeting Chair, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem’s duties shall include reviewing and setting the Agenda prior to Council Meetings and adding emergency items for discussion if necessary. The Mayor Pro Tem shall have the authority to remove any item from the Agenda of any Regular Meeting or Study Session, before publication, with the exception of: a) An item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting pursuant to Rule V.D.1; or -6- b) An item added by the Council by majority vote of Council present during any meeting pursuant to Rule V.C.6. 4. The Mayor Pro Tem shall arrange for and coordinate the orientation of all newly elected officials, including a review of these Rules, within two (2) months after the election. C. CITY CLERK The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. D. CITY ATTORNEY The City Attorney or acting City Attorney shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. PARLIAMENTARIAN AND RULES OF ORDER 1. The Mayor Pro Tem shall also function as the Council Parliamentarian, and may call upon the City Attorney for a recommendation on procedure, if desired. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. 3. The current edition of Robert’s Rules of Order, newly revised, shall advise the Parliamentarian regarding questions of order and procedure in all cases to which they are applicable and in which they are not inconsistent with these Rules, the Wheat Ridge Home Rule Charter, the Wheat Ridge Code of Laws or other laws governing the City. 4. In cases where the current edition of Robert’s Rules of Order, newly revised, are inconsistent with these Rules of Order and Procedure, these Rules of Order and Procedure control. 5. The Mayor (or the Mayor Pro Tem, if presiding), shall be the final authority on all points of order or procedure, subject to override upon a three-fourths (3/4) majority vote of the entire Council. IV. COUNCIL MEETINGS AND MEETING PROCEDURES A. TYPES OF MEETINGS 1. The Council meets for Regular, Adjourned, and Special Meetings and Regular and Special Study Sessions. -7- 2. Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 PM unless otherwise provided by amendment of these Rules. 3. Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 PM, unless otherwise provided by the Mayor Pro Tem. 4. The Mayor Pro Tem may schedule additional Study Sessions to take place at any other day and time. 5. Council members are expected to attend Council meetings in person. In the event of illness, weather, or other necessity, council members may attend virtually by telephone or through the Zoom or other remote attendance platforms provided by the City. B. STUDY SESSIONS 1. Study Sessions shall be for the purpose of discussing concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, with exception of consensus votes to schedule or decline to schedule a matter for consideration at a Regular or Special Meeting, which may, however, be reconsidered after six (6) months as permitted by Rule V.D.3. Until an issue is disposed of at a Regular, Adjourned, or Special Meeting, it may be amended or reconsidered in that or any future Study Session. 2. Public Comment will be allowed at the beginning of a Study Session as provided by Rule II.A.3. C. ADJOURNED MEETINGS Any Meeting of the Council may be adjourned, by a majority vote of council members present or the chair, to a later date and time, provided that no adjournment shall be for a period longer than the next Regular Meeting. D. EXECUTIVE SESSIONS 1. The Council may meet in Executive Session on a vote of a majority of City Council members present in a Regular or Special Meeting (Charter Section 5.7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If, at any time during the Executive Session, a Council Member feels that a matter is being discussed other than that stated as the purpose of the Executive Session, that member should so state and may request that the Executive Session be terminated. If a consensus of City Council Members present agree, the session shall be terminated -8- or the discussion shall be returned to the stated purpose of the Executive Session. 4. All requirements of the Colorado Open Meetings Law shall be followed. E. MEETING NOTICES AND REQUIREMENTS 1. Meetings involving no more than two (2) Council Members, whether in person, by telephone or other electronic medium and whether or not the Mayor also attends, shall not be subject to any of the requirements of this Rule. 2. Meetings of any three (3) or four (4) Council Members must be open to the public, but no advance notice is required. 3. All meetings of five (5) or more Council Members must be preceded by public notice of the meeting posted at least 72 hours prior to the meeting, with the exception of Special Meetings and emergency Special Meetings, pursuant to Charter Section 5.2, on the City website and the locations designated by resolution of the Council, listing the topic of the meeting, its location, time, and date. Copies of the notice shall be given to all City Council Members and the City Clerk at least 72 hours before the meeting. a) The City Clerk is responsible for the posting of the meeting pursuant to the Charter and Code. b) There is no responsibility to post notices of meetings of other bodies and groups, whether or not members of the Council are expected to attend. 4. Public meetings arranged by the City for members of the public, such as open houses and public input meetings, are not meetings of the City Council. F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitation, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with which the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three (3) or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. -9- 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule IV.E. G. ABSENCES In the event that a Council Member expects to be absent from a Regular, Special or Adjourned Meeting or Study Session, the Member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting. H. RIGHT OF THE FLOOR 1. The chair must first recognize each Council Member requesting to speak unless limited by a motion to limit debate or for calling the question. (applicable also to Study Sessions) 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the Agenda Item. (applicable also to Study Sessions) 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member’s argument or vote. (applicable also to Study Sessions) 4. Once a vote, or in the case of a Study Session a Consensus, has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. I. ELECTED OFFICIALS’ MATTERS This is the time elected officials may make comments on any subject. Time limit per elected official will be five (5) minutes. V. ORDER OF BUSINESS AND THE AGENDA A. SCOPE OF RULE: This Rule V shall apply only to Regular, Special and Adjourned Meetings, and not to Study Sessions, unless specifically noted. B. ORDER OF BUSINESS The general rule as to the Order of Business in Regular Meetings: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • APPROVAL OF AGENDA -10- • PROCLAMATIONS AND CEREMONIES • PUBLIC’S RIGHT TO SPEAK • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • CITY MANAGER’S MATTERS • CITY ATTORNEY’S MATTERS • ELECTED OFFICIALS’ MATTERS • ADJOURNMENT C. AGENDA PREPARATION AND INITIATION OF AGENDA ITEMS 1. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Mayor Pro Tem following the Order of Business provided in this Rule. 2. By majority vote of the City Council during any City Council meeting the order of business for that meeting may be changed. The City Manager and City Attorney may also propose to add or delete items to the Agenda of such meetings under “Approval of Agenda,” subject to approval by a majority of the Council members present. 3. The Agenda shall be distributed to the members of City Council and the public by 5:00 PM on the Thursday prior to the Monday of the Regular Meeting. 4. The City Clerk’s Office shall be notified of the Agenda by noon on the Wednesday preceding the Monday on which the City Council meets. All backup material and documents required for the Agenda shall be filed with the Clerk’s office by 5:00 PM on that day in order to be included in the City Council packet. 5. A majority of City Council Members present at a meeting is required to direct the City Attorney or staff to draft an ordinance to be included on the Agenda. 6. A majority vote of City Council Members present may add, change the order of, or delete an item from, the Agenda under “Approval of Agenda.” In Regular Meetings, this must be done before Public Hearings and Ordinances on Second Readings. 7. The first option of introducing Agenda Items shall go to a representative of the City Council District to which the Agenda Item pertains or to the City Council Member who initiated the item. Council Agenda Items not specific to a City Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting. The Mayor shall assign Agenda Item introductions and -11- notify each City Council Member and the City Clerk prior to each City Council meeting. 8. Fiscal Notes. On any Agenda item containing a fiscal impact on the City’s budget, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of any anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. 9. City Council may not approve an appropriation under City Manager’s Matters, City Attorney’s Matters, or Elected Officials’ Matters. D. INITIATING AND ADDING AGENDA ITEMS 1. City Council Members or the Mayor may each originate an Agenda Item with the approval of one other City Council Member. Each City Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of a Regular Meeting or a Study Session, subject to the scheduling authority of the Mayor Pro Tem under Rule III.B.3. It is the intent of this Rule that no more than two (2) agenda items may be initiated by the Mayor or any City Council Member during any single month. 2. It is the responsibility of the originating City Council Member to provide backup material for the City Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 3. Other than by reconsideration pursuant to Rule VI, once an item has been decided by a formal City Council vote at any Regular, Special or Adjourned Meeting or by a binding consensus vote at any Study Session under Rule IV.B.1, it is not eligible to be added to a future Agenda for six (6) months. 4. Motions made by City Council Members which are not in the City Council packet should be submitted to the City Clerk and the Mayor in writing during the City Council Meeting so they may be accurately voted upon and included in the minutes. 5. During a Regular Meeting, under the City Manager’s Matters, the City Attorney’s Matters or the Elected Official’s Matters portion of the Agenda, or at a Study Session, the Mayor, a City Council Member, the City Manager, or the City Attorney may request that a motion be made to add an item to a future Agenda for consideration, subject to approval by the City Council by a majority vote of Council present (for addition to a Regular Meeting Agenda) or a consensus vote (for additions to a Study Session Agenda). -12- 6. The City Manager may add administrative and operational items to the agenda during “Approval of Agenda.” E. PUBLIC HEARINGS 1. All speakers are requested to sign up on the appropriate roster, indicating whether they intend to speak to a particular Agenda Item. There is no time limit on individual public testimony, provided, however, that the chair may impose a limit on individual speakers’ time in consideration of the number of speakers signed up on the hearing item and the available time for the hearing The City Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, the public has been able to speak on the matter, the City staff and the applicant have been given the opportunity to clarify any issues raised, and the public hearing has been closed, provided that motions regarding the conduct, scheduling or continuation of the public hearing shall be proper at any time. 2. Hearings which are labeled as “Quasi-Judicial” matters on the Request for Council Action in the meeting packet: a) Councilmembers shall refrain from communicating with each other, the applicant, or the public prior to the hearing. b) Written material and e-mails received prior to the hearing shall be forwarded to staff for inclusion in the hearing record. c) The chair shall swear in all witnesses, affirming their intention to tell the truth F. ORDINANCES ON FIRST READING 1. It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing/Second Reading. 2. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. G. TIME OF ADJOURNMENT 1. At 11:00 PM, the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. -13- 2. Prior to such adjournment, the City Council may take any of the following actions: a) Acting by three-fourths (¾) majority vote of the City Council Members present, complete all or portions of the remaining Agenda. b) Acting by a majority vote of the City Council Members present, schedule any unfinished items for a future Regular or Special Council Meeting. c) Acting by majority vote of the City Council Members present, continue the meeting to a later date and time certain. VI. RECONSIDERATION 1. A motion to reconsider may be made only by a City Council Member originally voting with the prevailing side. 2. Such motion to reconsider shall be made only at that or the next scheduled Regular Meeting. A continued or rescheduled meeting shall be considered a next scheduled Regular Meeting for the purpose of such motion to reconsider. If not reconsidered at that time, the issue may not be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire City Council. 4. A City Council Member who was absent from the meeting at which the item was discussed may vote on the substantive matter following a successful motion to reconsider provided that City Council Member affirms, on the record, that he or she has listened to the recording of that Agenda Item. VII. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION Any provision of these Rules not governed by the Home Rule Charter or Code of Laws may be temporarily suspended by a three-fourths (3/4) majority vote of the City Council Members present. -14- B. AMENDMENT These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.