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HomeMy WebLinkAboutCity Council Meeting Agenda 06-28-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 28, 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 June28, 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: 885 8686 5231Passcode: 996132 3.View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTubeLive 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 All- America Award Proclamation Park and Recreation Month Proclamation Thomas Abbott Proclamation Juneteenth Proclamation APPROVAL OF MINUTES City Council minutes of June 14, 2021; Special Study Session notes of June 14, 2021; and Study Session notes of June 21, 2021. APPROVAL OF AGENDA PUBLIC’S RIGHT TO SPEAK a.Members of the public may speak on any matter not on the Agenda for a maximumof 3 minutes under Public’s Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: June 28, 2021 Page -2- b.Members of the public who wish to speak on a Public Hearing item or Decision,Resolution or Motion may speak when directed by the Mayor at the conclusion ofthe staff report for that specific agenda item. c.Members of the public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on WheatRidge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution No. 34-2021 – a resolution approving a major subdivision with two (2)lots and dedication of a public street at 4100 Wadsworth Boulevard in the Mixed Use – Commercial (MU-C) zone district ORDINANCES ON FIRST READING 2.Council Bill No. 10-2021, an ordinance amending Chapters 2 and 26 of the Code of Laws of the City of Wheat Ridge to prohibit tents and makeshift structures within thefloodplain and to amend the floodplain permitting and variance processes 3.Council Bill No. 11-2021, an ordinance approving the disposal by demolition of city- owned buildings associated with the Improve Wadsworth Project DECISIONS, RESOLUTIONS AND MOTIONS CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION PROCLAMATION ALL-AMERICA CITY AWARD WHEREAS, the All-America City Award Program, the flagship program of the National Civic League, has for 72 years recognized innovative, inclusive, and collaborative problem solving in more than 500 cities and communities across the nation; and WHEREAS, the All-America City Award is the nation’s oldest and most prestigious community-wide award; and WHEREAS, Wheat Ridge, Colorado, was recognized as an All-America City winner in 2021 for demonstrating a high level of overall civic capital, including strong civic engagement, inclusive leadership and collaborative problem-solving; and WHEREAS, Wheat Ridge, Colorado, made a presentation before a national jury of experts; and WHEREAS, Wheat Ridge, Colorado, highlighted three innovative, collaborative projects that demonstrated equity and resilience; and WHEREAS, Wheat Ridge, Colorado, developed a grassroots leadership program, prioritized environmental stewardship with resident-led initiatives and collaborated to support residents during a year of social unrest and a global pandemic; and WHEREAS, the residents of Wheat Ridge, Colorado, demonstrated their belief in themselves by spotlighting local solutions to society’s complex issues; and WHEREAS, Wheat Ridge, Colorado, was named one of ten All-America Cities on June 9, 2021. NOW THEREFORE, BE IT RESOLVED, that Wheat Ridge, Colorado, is a national model of what can be done when people dream about what can be done and go out and do it! IN WITNESS WHEREOF, on this 28th day of June 2021. ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk PROCLAMATION PARK AND RECREATION MONTH JULY 2021 WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Wheat Ridge; and WHEREAS our parks and recreation programs are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for individuals with disabilities, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Park and Recreation Month; and WHEREAS the City of Wheat Ridge recognizes the benefits derived from parks and recreation resources. NOW THEREFORE, BE IT RESOLVED I, Mayor Bud Starker, and the Wheat Ridge City Council, do hereby proclaim July 2021 as Park and Recreation Month in the City of Wheat Ridge. __________________________ Bud Starker, Mayor _______________________ Steve Kirkpatrick, City Clerk PROCLAMATION In Appreciation of Thomas Abbott In Recognition of his Dedicated Service to Boards and Commissions WHEREAS, the Mayor and City Council of the City of Wheat Ridge formally express appreciation to Thomas Abbott, who has dedicated his volunteer service to the City of Wheat Ridge Boards and Commissions; and WHEREAS, Thomas Abbott has dedicated 35 years of service with an unwavering commitment to the City’s Boards and Commissions; and WHEREAS, Thomas Abbott began volunteering with the City of Wheat Ridge in early 1986 on various Boards and programs such as the Arborist Board, Board of Adjustment, Wheat Ridge 2020, Charter Change Committee and lastly serving on the Housing Authority Board until April 2021; and WHEREAS, over the past 35 years, Thomas Abbott led by example through several tenures as chair, the crafting of many thoughtful motions, and a strong commitment to making a difference for the community and the City; and WHEREAS, it is fitting that, we formally recognize Thomas Abbott’s many contributions to the City of Wheat Ridge and its Boards and Commissions and express to him our sincere gratitude for his decades of service and outstanding contribution to our community. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of the City Wheat Ridge, by virtue of the authority vested in me, do hereby proclaim appreciation to Thomas Abbott, for his 35 years of service to the City of Wheat Ridge Boards and Commissions. IN WITNESS THEREOF on this 28th day of June 2021 __________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk PROCLAMATION JUNETEENTH JUNE 19, 2021 WHEREAS, this nation was founded on the principle stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” but in which people who were Black were held in slavery; and WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, which states that all persons held as slaves within a state or designated part of a state “shall be then, thenceforward, forever free,” changing the legal status of 3.5 million enslaved people who were Black from slave to free; and WHEREAS, the Emancipation Proclamation paved the way for the 13th Amendment to the Constitution of the United States, which formally abolished slavery in the United States of America; and WHEREAS, news of the Emancipation Proclamation did not reach the most distant slave states until federal troops arrived in Galveston, Texas on June 19, 1865, to take control of the state and ensure that all enslaved people be freed; and WHEREAS, the day of respect and remembrance called “Juneteenth,” a combination of the words “June” and “nineteenth”, is observed as an important day in our nation’s history; and WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day and Cel- Liberation Day, is a federal holiday celebrated on June 19; and WHEREAS, Juneteenth commemorates African American freedom and serves as a reminder of the inequities faced by Black people throughout our nation’s history. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing JUNETEENTH 2021 and urge all community members to work together to advance the principles of equal rights, justice, and opportunity for all regardless of race, gender, age, religion, ability, sexual orientation, or gender identity and expression. IN WITNESS THEREOF on this 28th day of June 2021. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 14, 2021 Note: 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. 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 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 Division Chief Jim Lorentz; Director of Parks and Recreation, Karen O’Donnell; Assistant to the City Manager, Marianne Schilling; Lauren Mikulak, other staff, guests and interested citizens. Sara Chimulac; AT&T; Councilmember Hultin excused herself as she is traveling out of the country. PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of May 24, 2021 and City Council Study Session Notes of June 7, 2021 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK No citizens spoke to Council this evening on subjects 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 City Council Minutes June 14, 2021 page 2 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 address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comment related to agenda item 4 was posted: I would like for Council Bill No. 08-2021 to be approved. June 14, 2021, 11:57 AM Emily Smith 4510 Reed St Wheat Ridge, 80033 The following comment related to agenda item 5 was also posted: I would like to see this approved. Thank you, June 14, 2021, 12:01 PM Emily Smith 4510 Reed St Wheat Ridge, 80033 CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:11 PM 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. Councilmember Hoppe introduced Resolution No. 29-2021 at 7:08 pm. 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 City Council Minutes June 14, 2021 page 3 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. Mayor Starker opened the public hearing at 7:10 p.m. Staff Presentation Mr. Goff reprised the discussion held during a Study Session on this item, and also spoke of how 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. Sally Tasker, bond attorney for the City, will assist the RWR as the underwriter for this Bond issuance. Ms. Tasker explained the reasons for this proposed resolution and the implications of approving this resolution. She emphasized how this agreement will help save interest compared to other funding arrangements. Public Comment No one came forward to speak. Council Questions and comments Councilmembers asked whether we have replenished other funds for other bond issues. Mr. Goff answered that we have not. Councilmembers asked if there are other, less risky options. Mr. Goff gave a detailed response, including that these funds may only be used for the project in the NW Urban Renewal District. Council asked detailed questions about the total debt service. Mayor Starker closed the public hearing. Motion by Councilmember Hoppe 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 City Council Minutes June 14, 2021 page 4 appropriate funds to replenish the reserve fund securing such bonds, if necessary; and authorizing a cooperation agreement and other related actions, seconded by Councilmember Stites, motion carried 7-0. 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. Councilmember Hutchinson introduced Resolution No. 31-2021 About 7:20 pm. 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. Mayor Starker opened the public hearing at 7:22 p.m. Staff Presentation Planning Manager Lauren Mikulak explained to council that Council has taken no previous action on this application. She explained that 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. 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. Staff 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 inconspicuous and only impacts a small number of residential City Council Minutes June 14, 2021 page 5 properties, who are presumably used to the sight of the structure, as it has been at this location since the 1970s. Ms. Sara Chimulac representing AT&T explained the cell providers’ need to replace the tower. Public Comment No one came forward to speak. Council Questions and comments Councilmembers asked about the new tower’s ability to withstand severe weather. Mr. Goff provided an answer; the new tower will be more stable than the current one. Mayor Starker asked whether the new tower would provide better cell service. It will, per Ms. Mikulak. He also asked how many parking spaces will be closed during construction. The answer was 8. Mayor Starker closed the public hearing. Motion by Councilmember Hutchinson 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, seconded by Councilmember Urban, motion carried 7-0. 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 Councilmember Weaver introduced Resolution No. 33-2021 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. Mayor Starker opened the public hearing. Staff Presentation Brandon Altenburg, the Grant and Special Project Administrator, gave the background on how the NACD initiative funds local conservation districts up to $50,000 to implement City Council Minutes June 14, 2021 page 6 urban agriculture projects. The City reached out to Jefferson Conservation District (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. Also, that 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. Public Comment No one came forward to speak. Council Questions and comments Councilmember Hoppe asked about the goals for this project. Ms. O’Donnell gave a detailed answer. Councilmember Dozeman asked about funding from this grant for a Harvest Festival. Again, Ms. O’Donnell provided details. Councilmember Dozeman noted that Arvada sponsors an event called Harvest Festival, so perhaps we need to choose a different name for the event if Wheat Ridge sponsors one. Councilmember Weaver thanked staff and the city for supporting this measure. She believes there will be many benefits from the effort. Mayor Starker closed the public hearing. Motion by Councilmember Weaver 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; seconded by Councilmember Hoppe, motion carried 7-0. 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. City Council Minutes June 14, 2021 page 7 Councilmember Stites introduced Council Bill 08-2021. 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1714 Staff Presentation City Attorney Gerald Dahl spoke to the Council about the issue and prior actions where the 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. Chief Lorentz explained why the Police Department supports passing this ordinance. If approved, the 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. Public Comment Justin Conyers called to ask whether this ordinance limits persons rights to ask for the public for money or other assistance on public sidewalks. Mr. Dahl provided a detailed legal answer for Mr. Conyers, including an opinion that it will not disallow asking for help in public places. Council Questions and comments Councilmember Urban noted that these new ordinances will go into effect in 15 days. He asked whether the Police Department will allow a period of grace with warnings vs. citations. Chief Lorentz indicated that the Department would provide guidance to officers during a period of transition. Mayor Starker closed the public hearing. City Council Minutes June 14, 2021 page 8 Motion by Councilmember Stites 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 final publication, seconded by Councilmember Weaver. Councilmember Urban moved to amend the motion to state that is shall take effect immediately. Amendment seconded by Councilmember Weaver; passed 7-0. Then the amended motion then passed 7-0. 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. Councilmember Urban introduced Council Bill 09-2021 about 7:58 pm. 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. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1715 Staff Presentation City Attorney Gerald Dahl re-emphasized what he had previously opined, that 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. Chief Lorentz reported on the high number of injuries and fatalities that occur when people stand in the medians. This ordinance prevents many of these accidents, especially pedestrian vs. motor vehicle. Public Comment Deann Thurman, Independence St., called to support passage of this ordinance. There are too many people asking for money who sit on lawn chairs in the median, sometimes with small children present. We need to prevent this risk to both motorists and pedestrians. Council Questions and comments Council had no further questions or comments. City Council Minutes June 14, 2021 page 9 Mayor Starker closed the public hearing. Motion by Councilmember Urban 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 takes effect 15 days after final publication, seconded by Councilmember Stites, motion carried 8-0 Councilmember Hoppe discussed the reasons why this ordinance came to Council and why its passage is important. This version of the proposed ordinance has penalties for violations more to her liking, so she voted for the proposal this time. Councilmember Urban commented that this is not the first action Council has taken related to this ordinance and a number of other, related issues, including homelessness. He supports it. ORDINANCES ON FIRST READING DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:12 PM 6. Resolution No. 30-2021 - A Resolution 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 Councilmember Nosler Beck introduced the Resolution. 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. Staff Presentation Mr. Goff referred to presentations by Mr. Steve Art, Executive Director, Renewal Wheat Ridge, who spoke briefly at a recent Study Session about how the issuance of the Bonds by RWR will provide funding for public improvement projects within the Plan Area during prior Study Sessions. The IGA between the City and RWR details the responsibilities of both parties in funding and constructing the public improvements. City Council Minutes June 14, 2021 page 10 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. Also, how 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 provides details on 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 Public Comment No one came forward to speak. Council Questions Councilmembers had no comments or questions, having thoroughly reviewed and discussed the proposed action in two previous Study Sessions. Motion by Councilmember Nosler Beck to approve Resolution No. 30-2021, a resolution 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, seconded by Councilmember Stites, motion carried 7-0. 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. Councilmember Hoppe introduced the Resolution. 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 several positions, vehicles, projects and initiatives to the 2021 budget. City Council Minutes June 14, 2021 page 11 Staff Presentation City Manager Patrick Goff, and Allison Scheck, Administrative Services Director spoke on the how 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. Public Comment No one came forward to speak. Council Questions Councilmembers Weaver, Dozeman and Hoppe explained their support for this motion and thanked staff for their excellent management of the budget during the pandemic. This amendment to the budget restores priorities programs that are in our Strategic Plan. Councilmember Dozeman thanked the staff for their stewardship of the City’s resources and their conservative approach to budgeting for 2021 during the pandemic in 2020. Motion by Councilmember Hoppe 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, seconded by Councilmember Nosler Beck, motion carried 7-0. City Council Minutes June 14, 2021 page 12 8. Motion approving the revised Council Rules of Order and Procedure dated June 14, 2021 Councilmember Dozeman introduced the item at 8:24. 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 Presentation Mr. Dahl gave a brief report on the rules that included the changes, which received a consensus from City Council that have been incorporated into the 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 second “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. City Council Minutes June 14, 2021 page 13 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.” Public Comment No one came forward to speak. Council Questions Councilmembers had no further comments or questions. Motion by Councilmember Dozeman to approve the revised Council Rules of Order and Procedure dated June 14, 2021, as corrected, seconded by Councilmember Urban, motion carried 7-0. CITY MANAGER’S MATTERS Mr. Goff thanked those who worked on the application for the All-American City award that we won recently. He recounted the early conversations Councilmember Hultin had with him and with other Councilmembers when the application process began. He also described the many meetings, the hours of work and the effort to make Wheat Ridge’s presentation to the judges recently. It was truly a team and community effort. He also commented on the groundbreaking ceremony held last week for the Clear Creek Crossing campus of Lutheran Hospital Campus. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck thanked the staff members who worked so hard on the application for the AAC Award. It was truly a community-led effort to win the award, and this is a perfect example of how we made the dream work for the past year to . Several members expressed gratitude that we are all back in chambers in person. City Council Minutes June 14, 2021 page 14 Councilmember Dozeman attended the groundbreaking for the new Lutheran Hospital Campus and is delighted to see the project coming to fruition. Councilmember Urban thanked the staff for their work making it possible for us to come back to chambers and meet in person. Councilmember Stites asked Mr. Goff when the Study Session item on trees will appear on a Study Session agenda. Councilmember Stites also thanked the staff for their hard work during the pandemic. And he reminded us all, that if you can find it in Wheat Ridge, buy it in Wheat Ridge. Councilmember Weaver announced opportunities for the public to participate in the design of the Lutheran Legacy Campus. She also commented that several constituents have inquired about the nature of the business under construction near 38th and Kipling. Staff responded is a franchise auto repair business. The annual Goat Parade will occur this weekend, from the west side of Prospect Valley Elementary to Lewis Meadows. Councilmember Hoppe reminded us that What’s Up Wheat Ridge contains massive amounts of information and resources, as well as information on how the public can get involved in our City. The Mayor congratulated all who made the ACC Award possible. Many, many great things are happening in Wheat Ridge. He participated in the Lutheran groundbreaking at Clear Creek Crossing and is excited about what that new facility will mean. Please, participate in the discussion on the future of the Lutheran Legacy Campus. He thanked staff for seeing that all City facilities have reopened, thanks to their hard work. This summer there will be 14 days of focus on sustainability and clean-up. Now that school is out, slow down as you drive, please. ADJOURNMENT TO SPECIAL STUDY SESSION The meeting adjourned at 8:45 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON June 28, 2021 ______________________________ City Council Minutes June 14, 2021 page 15 Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 14, 2021 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 8:53 p.m., after the Regular City Council Meeting adjourned. 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. After calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece Hoppe, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Councilmember Hultin excused herself as she is traveling out of the country. Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of Administration, Allison Scheck; Division Chief, Jim Lorentz; Assistant to the City Manager, Marianne Schilling, Laurie Urban with Polco|National Research, guests and interested citizens. Citizen Comment on Agenda Items – No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1.2021 Resident Survey Draft Report Ms. Schilling introduced Ms. Laurie Urban with Polco|National Research Center, who gave a detailed review of the preliminary outputs from the Resident Survey. She gave a thorough presentation about the scientific validity of the work and the key findings. Overall, our residents are very happy to live in Wheat Ridge and they rate specific City services and facilities higher than in previous Resident Surveys. Councilmembers had questions and comments: In the section comparing survey results over time, there are letters, e.g. c and f. What do those mean? Ms. Urban gave a detailed response and explanation. A discussion of the next steps and studying and using the results ensued. 2.Staff Report(s) Nothing further at this time, since staff made reports already in tonight’s Regular Council Meeting. 3.Elected Officials’ Report(s) Nothing further, as this session immediately followed a Regular Council Meeting. ADJOURNMENT The Special Study Session adjourned at 9:22 pm. APPROVED BY CITY COUNCIL ON June 28, 2021. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Janeece Hoppe, Mayor Pro Tem 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting June 21, 2021 Mayor Bud Starker called the Study Session to order at 6: 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, Leah Dozeman, Valerie Nosler Beck, Janeece Hoppe. Councilmember Rachel Hultin excused herself as she is traveling out of the country and has limited Internet access. Councilmember Hoppe also excused herself. Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; City Treasurer Chris Miller; Chief of Police, Chris Murtha; Director of Community Development, Ken Johnstone; Renewal Wheat Ridge Executive Director, Steve Art; Assistant to the City Manager, Marianne Schilling; Wheat Ridge Localworks Executive Director, Kate Cooke. The Mayor opened the session expressing our condolences and sending our thoughts and prayers to our suffering neighbors in Arvada. A shoot-out in Olde Towne Arvada this afternoon left on Arvada police officer, one innocent bystander deceased. The alleged perpetrator also died. Citizen’s Right to Speak Guy Nahmiach, 3650 Ward Road. Attended to lend support to Localworks for their excellent work as a pro-business, non-partisan and thoroughly pro-Wheat Ridge organization. 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, 2 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. Re: Localworks, Item 2, Study Session on June 21, 2021 Localworks was established as a quasi-official branch of Wheat Ridge City government to "Advance Wheat Ridge as a vibrant and sustainable community." It was initially called Wheat Ridge 2020, and then later Localworks. Much of what 2020 was initially founded to do has now been accomplished. The City no longer has foreclosed upon, empty homes with unkempt lawns in every neighborhood. Instead, our real estate is selling for premium amounts, houses have been flipped and renovated, and businesses have new, modern facades. Once empty lots and building sites are now developed into new apartment, townhome and condominium communities. In short, Localworks has fulfilled its mission--Wheat Ridge is now a vibrant and sustainable community. Our City has an active, accomplished Cultural Commission capable of taking over some of the Localworks' existing projects, such as placing works of art in the community, developing an artisan center, and hosting various art events throughout the year. Wheat Ridge now has a well-organized business group to provide assistance and advice to new businesses, to encourage business growth within our City, and to plan activities and events to bring customers to these businesses. This group also oversees a successful loan project to encourage investment in our community. As a citizen, I would like to know the total cost to our City of Localworks, including in-kind contributions from the City, cash contributions from the City to Localworks, and any grants from outside organizations. I've reviewed the tax form on Localworks' web site, but still have questions concerning salaries, rents and other expenses and how those expenses are paid by Localworks. June 21, 2021, 11:58 AM Kathryn Havens 7060 West 39th Ave Wheat Ridge, 80033 I believe the banks in Wheat Ridge should be the provider for loans. I believe that a 501c3 is not in the business of providing loans and that grants should be used if a nonprofit is loaning money. How does that work? Is there payback of the loans? At what rate of interest and payback time? Maybe at study session there will be specific details than what I read from the material provided thru the city webpages. Possibly my thoughts will be addressed at the presentation tonight. I also think that there are enough groups: WR Business District, WR Business Association, LocalWorks and the WR Chamber/visitor center, that it would make sense to place all of these types of WR groups under the Chamber of Commerce. Most people in the city or contemplating WR for their location, call the Chamber for knowledge and answers to their questions. Most citizens have knowledge of a "chamber" in cities and towns to use to access furthering their own businesses. The City should be "giving" money to where it is best needed for furthering the benefits of its citizens and businesses and economic development. Thank you, Vivian June 21, 2021, 10:17 AM VIVIAN VOS 6920 W 47 PLACE WHEAT RIDGE, 80033 3 1.Jefferson County Multi-Hazard Plan presentation This item postponed to a future Study Session due to a staff illness. 2.Strategic Priority – Review vision/mission/funding for Localworks Discussion began at 6:33 pm, approximately :02 minutes into the session. Issue At the strategic planning retreat on February 20, 2021, City Council identified the need for a discussion about the mission, vision and funding of Localworks. Staff is requesting feedback on a proposed workplan to realize this priority. Staff reports Mr. Goff gave a detailed presentation to describe the Strategic Priority of this item and brief history of the organization when in 2005 City Council authorized the formation of Wheat Ridge 2020, now Localworks, as a non-profit corporation, for the purpose of assisting the City in bringing about community revitalization and setting the direction for and implementing the nine strategies contained within the Neighborhood Revitalization Strategy: Repositioning Wheat Ridge report. Councilmembers had questions and comments: Councilmembers asked for an explanation of the forward-looking funding plans, given that Localworks does such good work and that the City’s fiscal position looks sound coming out of the pandemic. Ms. Cooke gave a detailed answer. Councilmembers also asked for a description of how Localworks and the City’s Economic Development team collaborate and coordinate their efforts. Mr. Goff provided a brief overview of how the relationship began, how it has evolved and how their joint efforts will move the City forward into the near-term future. Councilmembers commented that the heavy dependence on the City for funding creates a risk that Localworks would be wise to address. There was also a discussion of how Localworks can supplement its City funding through fund raising. Council also discussed how to even more effective leverage the relationship between the City and Localworks. Noting that Localworks agreed to reduce its ask for City funding, councilmembers asked what would be possible with a higher level of funding. The discussion focused not only on the needs Localworks meets but also the increasing costs of everything. Council asked further questions and made comments about specific functions or organizations in City government that might help support the joint effort between Localworks and the City. 4 Councilmember Urban proposed a consensus for staff to review and bring to Council the Localworks’ budget request for 2022. Consensus attained. 3.Overview of Relationship Based Policing Discussion began at 7:25 pm, approximately 0:55 minutes into the session. Issue Community Policing methods have evolved over the last 30 years and become the cornerstone of crime prevention and problem-solving policing efforts. While great strides have been made using these methods, this model does not always meet all the needs of the communities in which it is practiced. Issues that have been highlighted during the past year, including civil unrest and distrust between police and the public, had some communities demanding that police departments evaluate current approaches to determine if better policing methods exist. With that idea in mind, the Wheat Ridge Police Department is pushing the bounds of Community Policing through a new concept known as Relationship Based Policing (RBP). Staff reports Chief of Police Chris Murtha and Division Chief Darrell Guadnola spoke how community policing is based on the principles of partnership, transparency, and legitimacy. These are important concepts that involve two distinct parts of the community coming together to “create” a partnership and allow those partners to participate as well as view what the police are doing in order to be determined as legitimate. That approach has been somewhat successful and an advancement in thought over the types of policing models used in years prior. However, it is the belief of the Wheat Ridge Police Department leadership that the foundation of policing, Community Policing, can and should be advanced using a concept that not only allows for partnerships but demands that the lines between police and community are blurred to the extent that trusting relationships between the police and the community are built through collaboration to keep the community safe. It is only through better and more meaningful relationships that we can accomplish our goal to “be the community” and not just be a resource to the community The City of Los Angeles is widely credited with inventing and starting the concept of RBP. The concept is still in its infancy and it has not yet been fully developed to the point of reaching its maximum potential. The Los Angeles Police Department has seen great early success as it transitions to this next evolution of Community Policing. The Wheat Ridge Police Department can create and advance the foundational principles outlined by the Los Angeles Police Department and create a more tailored approach to policing in our community. That approach demands we find opportunity for engagement and relationship building in every interaction that occurs. The opportunity to understand the community and for the community to know its police department at a more individual level is a foundational 5 principle. It is the core of the concept of RBP. We know that some of the concepts of Community Policing work, but we realize that the public is not satisfied, and the proof lies in the frustrations observed over the last year. We will reach out and look for opportunities to make good relationships great, to make bad relationships better, to build relationships where none currently exist, and it will be the job of everyone, not just the Chief of Police, to go out and make that happen during our daily interactions. Even when we issue a citation or make an arrest, we will try, through respect and communication, to enhance that interaction and relationship. At its very core RBP gets back to the concepts that existed when officers walked the beat and knew the people they worked for and with. It resonates a time when officers were committed to professionalism and to relationships. Wheat Ridge is already a leader in many of these areas, but we can’t become complacent. We hope to be a national model in policing and to lead the next step in police concepts through our work within the RBP model. Councilmembers had questions and comments: Councilmembers thanked Chiefs Guadnola and Murtha for an excellent presentation. Councilmembers asked about how much training the WRPD provides its officers and command staff. Chiefs Murtha and Guadnola gave a detailed answer, explaining that the WRPD emphasized training and devotes much more time and effort to training than required. As an example of how WRPD approaches training, Chief Guadnola reviewed the extensive firearms training the WRPD conducts for all sworn officers quarterly. Councilmembers expressed their gratitude and their pride in the amazing job our WRPD has done, especially during the challenging months during the pandemic. Chief Murtha thanked the Council for its strong compliments and support, and described his plans going forward now that the pandemic is apparently ending. His emphasis on RBP is now front and center, and Wheat Ridge is among the first agencies in the country and the state to adopt these principles. Council also asked how the WRPD will measure success in RPB. Chief Murtha gave a detailed answer with examples. The Mayor asked how the elected officials in Wheat Ridge can help advance the Chiefs’ plan for RBP. His answer focused on regular, candid feedback and funding the necessary investments in the Department. 4.Staff Report(s) Nothing this evening. 5.Elected Officials’ Report Councilmember Weaver thanked those who attended and participated in the goat herd walk last Saturday. 6 She also mentioned the Regenerate Wheat Ridge begins soon with a class on soils and how to improve them. Councilmember Dozeman expressed condolences to the Arvada Police Department for the loss of one of their sworn officers. Councilmember Urban also express his empathy for the Arvada PD and the impact today’s events will have on that agency. 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 8:25 p.m. APPROVED BY CITY COUNCIL ON June 28, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem ITEM NO: DATE: June 28, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2021 – A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH TWO (2) LOTS AND DEDICATION OF A PUBLIC STREET AT 4100 WADSWORTH BOULEVARD IN THE MIXED USE – COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WS-21-01 / MAKATURA REPLAT) 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 approval of a major subdivision on property located at 4100 Wadsworth Boulevard. The purpose of the request is to subdivide the property into two lots. As part of the subdivision, Staff is requesting dedication of right-of-way to accommodate a full- width public street on the eastern portion of the property, designated as Vance Street. PRIOR ACTION: Planning Commission heard the request at a public hearing on June 17, 2021 and recommended approval of the major subdivision by a vote of 7 to 0 for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met.2. All agencies can provide services to the property with improvements installed at thedeveloper’s expense. 1 Council Action Form – Major Subdivision at 4100 Wadsworth Blvd June 28, 2021 Page 2 Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. FINANCIAL IMPACT: Fees in the amount of $1,958.80 were collected for the review and processing of Case No. WS-21-03. Permit fees and use tax will be paid at time of building permit for future development. Ifthe property is developed residentially, fees-in-lieu of parkland dedication would be required ona per unit basis as well. BACKGROUND: The property is located on the east side of Wadsworth Boulevard, east of Town Center Park and between the two major shopping centers on Wadsworth. It does not have direct frontage on Wadsworth, but fronts two access easements on the east and west side that allows access through other properties to the public street network. The site is zoned Mixed Use – Commercial (MU-C) as are all of the properties to the north and south, having been subject to a legislative rezoning of the Wadsworth corridor in 2011. Properties to the east along Upham Street are zoned Residential-Three (R-3); the adjacent site to the east contains two-story multifamily apartments. The property is 1.97 acres in size and contains a one-story office building on the western portion of the property, built in 1997. The eastern portion is currently a vacant grassy area. Key components of the subdivision are described below. The plat document and additional details are included in the Planning Division staff report. The purpose of a subdivision plat is not to review specific site plan or architectural details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. Lot Configuration The subdivision creates two lots: Lot 1 (which contains the existing office building) and Lot 2 (which creates a new development site on the vacant portion). It also creates “Tract A” which is 52 feet wide and dedicated by plat to the City as public right-of-way for the construction of Vance Street. Lot 2 has frontage on Vance Street, while Lot 1 fronts an existing 30-foot access easement connecting to public streets. (This easement is part of a network of access easements extending between W. 38th and 44th Avenues on the east side of Wadsworth which function in lieu of a street grid in this area.) New development on the site will be required to comply with the MU-C development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. While the MU-C zone district does not have minimum lot size or width requirements, the applicant has submitted a site plan and demonstrated that Lot 2 is developable. A multifamily use is proposed which is permitted by the underlying zoning and compatible with the adjacent multifamily development and surrounding commercial uses. That site plan is an administrative review and does not require Planning Commission or City Council hearings. Council Action Form – Major Subdivision at 4100 Wadsworth Blvd June 28, 2021 Page 3 Easements Several easements are created by this plat to allow adequate infrastructure and access: •A 22- to 26-foot wide access easement is provided along the southern drive aisle,connecting Tract A (Vance Street) to the existing 30-foot wide access easement along thewest side of Lot 1. This allows for cross access between the two lots. •Water and sanitary easements will be recorded by separate documents but are shown on the plat, largely following the access easement described above. •A stormwater drainage easement is provided in the northeast corner of Lot 2 toaccommodate new drainage facilities required to serve new development. •Most existing utility and access easements will remain as shown on the plat. Public Improvements and Required Agreements The developer will construct public improvements within the dedicated right-of-way for Vance Street, shown as Tract A, upgrading the existing paved access easement to a public street. Within the 52-foot ROW, a 5-foot sidewalk, 26-foot wide drive aisle, curb/gutter, and parallel parking on both sides of the street will be constructed. The only improvement for this section of Vance Street not being constructed as part of this project is a 5-foot sidewalk on the east side of the street. Staff is requesting a full street ROW dedication in this area for a few reasons: •The area bounded by 38th Ave, Upham Street, 44th Ave, and Wadsworth is considered a“superblock” with no public street connectivity through this area. •City documents and code (including the Comprehensive Plan, Bicycle and Pedestrian Master Plan, and subdivision regulations) call for improved connectivity. •An incremental approach to improved connectivity in this area began with dedication ofVance Street between 43rd and 44th Avenues in the Town Center subdivision to the north.The proposed ROW dedication on the subject property aligns with the Vance Street segment to the north. •The proposed ROW dedication is consistent with the historical cross access easement inthe same location and connects to platted access easements on the north, east, and southsides of the property which will allow access to/from this right-of-way to other publicstreets. There is no requirement to dedicate or build Vance Street on the adjacent properties to the north and south; that will only occur if those properties redevelop in the future. Staff acknowledges that connection of Vance to the north and south may not occur for many years. In the short term however, this segment of access easement is appropriate to dedicate and upgrade. The attached staff report contains an exhibit showing the proposed Vance Street dedication and how it connects to other public streets and the existing network of platted access easements. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right- of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates Council Action Form – Major Subdivision at 4100 Wadsworth Blvd June 28, 2021 Page 4 construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements on the subdivision regulations (Article IV in Chapter 26 of the City Code, is consistent with the MU-C zoning requirements, and staff has confirmed that all utility agencies can serve the property. For those reasons, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2021, a resolution approving a major subdivision with two (2) lots and dedication of a public street at 4100 Wadsworth Boulevard in the Mixed Use – Commercial (MU-C) zone district for the following reasons: 1. City Council has conducted a proper public hearing that meets all public noticerequirements as required by Section 26-109 and 26-407 of the Code of Laws.2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of theCode of Laws.4. All agencies can provide services to the property with improvements installed at thedeveloper’s expense. and with the following conditions: 1. The developer shall enter into a Subdivision Improvement Agreement with the City at thetime of recordation of the subdivision plat.2. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit, if residential development occurs. 3. Minor corrections to the plat labelling and symbology as requested by the EngineeringDivision shall be made prior to recordation of the plat mylar.” Or, “I move to deny Resolution No. 34-2021, a resolution approving a major subdivision with two (2) lots and dedication of a public street at 4100 Wadsworth Boulevard in the Mixed Use –Commercial (MU-C) zone district for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – Major Subdivision at 4100 Wadsworth Blvd June 28, 2021 Page 5 ATTACHMENTS: 1. Resolution No. 34-2021 2. Planning Division Staff Report with Plat Document 3.Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2021 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION WITH TWO (2) LOTS AND DEDICATION OF A PUBLIC STREET AT 4100 WADSWORTH BOULEVARD IN THE MIXED USE – COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WS-21-01 / MAKATURA REPLAT) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat with right-of-way dedication was received from Frank Cefaratti to subdivide property located at 4100 Wadsworth Boulevard in the Mixed Use – Commercial (MU-C) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; 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 MAJOR SUBDIVISION PLAT WITH DEDICATION OF A PUBLIC STREET FOR PROPERTY ZONED MIXED USE – COMMERCIAL (MU-C) LOCATED AT 4100 WADSWORTH BOULEVARD IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1.City Council has conducted a proper public hearing, meeting all public noticerequirements as required by Section 26-109 and 26-407 of the Code of Laws.2.The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3.The subdivision plat has been found in compliance with Article IV of Chapter 26of the Code of Laws.4.All agencies can provide services to the property with improvements installed atthe developer’s expense. And, with the following conditions: 1.The developer shall enter into a Subdivision Improvement Agreement prior torecordation of the subdivision plat. 2.The applicant shall pay the required fees-in-lieu of parkland dedication at time ofbuilding permit if residential development occurs.3.Minor corrections to the plat labelling and symbology as requested by the Engineering Division shall be made prior to recordation of the plat mylar. DONE AND RESOLVED by the City Council this 28th day of June 2021. _____________________________ Bud Starker, Mayor ATTEST: ___________________________ Steve Kirkpatrick, City Clerk Planning Commission 1Case No. WS-21-01 / Makatura Replat CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: June 17, 2021 (Planning Commission) / June 28, 2021 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WS-21-01 / Makatura Replat ACTION REQUESTED: Request for approval a major subdivision with two (2) lots and dedication of a public street LOCATION OF REQUEST: 4100 Wadsworth Blvd APPLICANT/OWNER (S): SP Holdings LLC (property owner) Frank Ceferatti (applicant, future owner) APPROXIMATE AREA: 85,809 sf (1.97 acres) PRESENT ZONING: Mixed Use – Commercial (MU-C) PRESENT LAND USE: Office Building (western) and vacant (eastern) ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2Case No. WS-21-01 / Makatura Replat JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUEST Case No. WS-21-01 is an application for a major subdivision on property located at 4100 Wadsworth Boulevard. The applicant is proposing to subdivide the property into two lots, one being retained for the existing office building, and the second lot to be used for new development. Staff is requesting the dedication of right-of-way to accommodate a full-width street on the eastern portion of the property. It is designated as Vance Street. Because of the full street right-of-way dedication, this request is considered a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow each lot in the subdivision to be owned separately and will allow for new development on Lot 2. A site plan for development on Lot 2 is under administrative review pursuant to the Mixed Use – Commercial (MU-C) zoning regulations and civil construction documents are under review by the Engineering Division. Both will need to be approved prior to issuance of any building permit for the site. These documents are not reviewed by Planning Commission or City Council as part of the subdivision application. II.EXISTING CONDITIONS The property is on the east side of Wadsworth Boulevard, east of Town Center Park and between the two major shopping centers (Exhibit 1, Aerial). It does not have direct frontage on Wadsworth, but fronts two access easements on the east and west side that allow access through other properties to the public street network. The easements were established by the original 1996 subdivision plat. The property is 85,809 square feet (1.97 acres) in size and contains a one-story office building built in 1997. The office building is situated on the western portion of the property and the eastern portion is currently a vacant grassy area. The site was originally developed under Planned Commercial Development (PCD) zoning and far exceeded the minimum landscape requirements with no proposed use for the eastern portion of the site. The property is now zoned Mixed Use-Commercial (MU-C), as are all of the properties to the north and south having been subject to a legislative rezoning of the Wadsworth corridor in 2011 (Exhibit 2, Zoning). Properties to the east along Upham Street are zoned Residential-Three (R-3); the adjacent site to the east contains two-story multifamily apartments. III.PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Makatura Office Subdivision First Filing). The first page includes a legal description of the property; signature blocks for the owners, Planning Commission 3Case No. WS-21-01 / Makatura Replat City, surveyor and County; standard declarations and notes; and the data table. The second page includes the plat map which shows the proposed property lines and easements. Lot Configuration The subdivision creates two lots: Lot 1 (which contains the existing office building) and Lot 2 (which creates a new development site). It also creates “Tract A” which is 52 feet wide and dedicated by plat to the City as public right-of-way for the construction of Vance Street. Lot 2 has frontage on Vance Street, while Lot 1 fronts an existing 30-foot access easement connecting to public streets. (This easement is part of a network of access easements extending between W. 38th and 44th Avenues on the east side of Wadsworth which function in lieu of a street grid in this area.) New development on the site will be required to comply with the MU-C development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. While the MU-C zone district does not have minimum lot size or width requirements, the applicant has submitted a site plan and demonstrated that Lot 2 is developable. A multifamily use is proposed which is permitted by the underlying zoning and compatible with the adjacent multifamily development and surrounding commercial uses. Easements Several easements are created by this plat to allow adequate infrastructure and access: •A 22- to 26-foot wide access easement is provided along the southern drive aisle, connectingTract A (Vance Street) to the existing 30-foot wide access easement along the west side of Lot 1. This allows for cross access between the two lots. •Water and sanitary easements will be recorded by separate documents but are shown on theplat, largely following the access easement described above. •A stormwater drainage easement is provided in the northeast corner of Lot 2 to accommodatenew drainage facilities required to serve new development. •Most existing utility and access easements will remain as shown on the plat. Public Improvements The developer will construct public improvements within the dedicated right-of-way for Vance Street, shown as Tract A, upgrading the existing paved access easement to a public street. Within the 52-foot ROW, a 5-foot sidewalk, 26-foot wide drive aisle, curb/gutter, and parallel parking on both sides of the street will be constructed. The only improvement for this section of Vance Street not being constructed as part of this project is a 5-foot sidewalk on the east side of the street. Staff is requesting a full street ROW dedication in this area for a few reasons: •The area bounded by 38th Ave, Upham Street, 44th Ave, and Wadsworth is considered a “superblock” with no public street connectivity through this area. •City documents and code (including the Comprehensive Plan, Bicycle and Pedestrian MasterPlan, and subdivision regulations) call for improved connectivity. •An incremental approach to improved connectivity in this area began with dedication of Vance Street between 43rd and 44th Avenues in the Town Center subdivision to the north. Theproposed ROW dedication on the subject property aligns with the Vance Street segment to thenorth. •The proposed ROW dedication is consistent with the historical cross access easement in thesame location and connects to platted access easements on the north, east, and south sides ofthe property which will allow access to/from this right-of-way to other public streets. Planning Commission 4 Case No. WS-21-01 / Makatura Replat The document in Exhibit 4 shows the proposed Vance Street dedication and how it connects to other public streets and to the existing network of platted access easements which have served as a substitute for a local street grid. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. The site is located in an Urban Renewal area, so the fee is $2,021.62 per residential unit paid at time of building permit issuance. If the site does not advance to residential construction, no park fee would be owed. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Wheat Ridge Engineering Division: The plat is approvable. Civil Construction documents are under review and must be approved prior to construction or issuance of building permits. Wheat Ridge Building Division: No comments at this time. Any future development will be required to obtain building permits that be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments on the plat. The applicant will submit building permits to West Metro for review. Wheat Ridge Sanitation District: No remaining comments. The applicant is working with the district to establish service and new connections for Lot 2. Wheat Ridge Water District: No comments. Applicant to set up service and obtain approval from Denver Water. Xcel Energy: No remaining comments. Applicant to work with Xcel to establish service. Century Link: No concerns. Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout, including the proposed right-of-way dedication. Staff further concludes that the subdivision plat complies with the Planning Commission 5Case No. WS-21-01 / Makatura Replat standards in Article IV of the City Code (subdivision regulations) and that all utility agencies can serve the property. For these reasons, staff recommends approval of the subdivision plat. VI.SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-21-01, a request for approval of a major subdivision with right-of-way dedication on property located at 4100 Wadsworth Boulevard and zoned Mixed Use – Commercial (MU-C) for the following reasons: 1.All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2.All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1.The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit, if residential development occurs. 2.The developer shall enter into a Subdivision Improvement Agreement with the City at the timeof recordation of the subdivision plat. Option B:“I move to recommend DENIAL of Case No. WS-21-01, a request for approval of a major subdivision with right-of-way dedication on property located at 4100 Wadsworth Boulevard and zoned Mixed Use – Commercial (MU-C), for the following reasons: 1....” Planning Commission 6Case No. WS-21-01 / Makatura Replat EXHIBIT 1: AERIAL (2018) Planning Commission 7Case No. WS-21-01 / Makatura Replat EXHIBIT 2: ZONING MAP Planning Commission 8Case No. WS-21-01 / Makatura Replat Attached as an 11x17 document on the following page. EXHIBIT 3: MAKATURA OFFICE SUBDIVISION, FIRST FILING COVER SHEET RECEPTION NO. , DATE , 20___, TIME , COUNTY OF JEFFERSON, STATE OF COLORADO, $ ’ A REPLAT OF MAKATURA OFFICE FINAL DEVELOPMENT PLAN AND PLAT SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MAKATURA OFFICE SUBDIVISION, FIRST FILING N89°41'04"E 352.12' S0 0 ° 1 0 ' 4 9 " E 26 4 . 0 5 ' S89°38'08"W 344.91' L=85.79' R=114.34' ∆=42°59'29" ChB=N21°48'42"W ChL=83.80' L=80.10' R=115.00' ∆=39°54'23" ChB=N19°47'46"E ChL=78.49' L=123.22' R=85.00' ∆=83°03'20" ChB=N01°46'41"W ChL=112.71' 52.00' 52.00' S0 0 ° 1 0 ' 4 9 " E 2 6 4 . 0 9 ' 226.12'74.00' S0 0 ° 1 0 ' 4 9 " E 26 4 . 1 6 ' 74.00'218.91' ∆ A REPLAT OF MAKATURA OFFICE FINAL DEVELOPMENT PLAN AND PLAT SITUATED IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MAKATURA OFFICE SUBDIVISION, FIRST FILING BA S I S O F B E A R I N G : S0 0 ° 1 0 ' 1 1 " E 2 6 4 5 . 0 2 PLAN VIEW Planning Commission 9 Case No. WS-21-01 / Makatura Replat This page was intentionally left blank. Planning Commission 10 Case No. WS-21-01 / Makatura Replat Existing ROW is shown in dark red or pink. The proposed Vance Street ROW is indicated with an arrow. Selected access easements in the immediate area are shown in green EXHIBIT 4: STREET NETWORK Proposed Vance Street ROW Connects to Vance Street at 38th Ave Future 43rd Ave connection to alley Subject Site Planning Commission Minutes - 1 – June 17, 2021 PLANNING COMMISSION Minutes of Meeting June 17, 2021 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:02 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Will Kerns Ari Krichiver Daniel Larson Janet Leo Scott Ohm Jahi Simbai Commission Members Absent: Melissa Antol Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner OHM and seconded by Commissioner SIMBAI to approve the order of the agenda. Motion carried 7-0. 5. APPROVAL OF MINUTES – May 20, 2021 ATTACHMENT 3 Planning Commission Minutes - 2 – June 17, 2021 It was moved by Commissioner OHM and seconded by Commissioner DISNEY to approve the minutes of May 20, 2021, as written. Motion carried 5-0-2 with Commissioners KERNS and SIMBAI abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Frank Cefaratti, resident 3605 Dudley Street Mr. Cefaratti commented on the fenced off park around 4100 Wadsworth and mentioned he would like help with the blighted area. Commissioner LARSON closed the public forum. 7. PUBLIC HEARING A. Case No. WS-21-01: an application filed by Frank Cefaratti for approval of a 2-lot major subdivision with right-of-way dedication in the Mixed Use-Commercial (MU-C) zone district and located at 4100 Wadsworth Boulevard. Mr. Cutler gave a short presentation regarding the major subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner SIMBAI was curious as to what will make up the new lots of this subdivision. Mr. Cutler mention there is a site plan under staff review for lot two, currently and will be a multi-family site. Commissioner SIMBAI also asked about the new street and if there is room for expansion. Mr. Cutler explained that the street will be upgraded to a full width City street and this is due to the 52 feet of dedication which will allow for additional amenities. Commissioner OHM asked if driving north to the existing 44th and Vance from said property is possible. Mr. Cutler mentioned it is not allowed currently due to a barricade. Mr. Westberg added that due to a grade difference making it impassable, but the City hopes to make the connection in the future. Planning Commission Minutes - 3 – June 17, 2021 Commissioner OHM inquired about fire access to the multi-family units. Ms. Mikulak explained there are other routes that can be taken by the fire trucks and there were no objections to this subdivision plat by the Fire Department. Commissioner OHM also asked about the comment on Wheat Ridge Speaks and the alley and loading areas to the existing commercial building to the south. Mr. Cutler clarified that the only improvements for this project are along the subject site boundaries and will not affect the parking or loading areas and will actually make for better connectivity. Commissioner KERNS asked how the City is going to pursue completing this street. Ms. Mikulak explained this is an island in a mega block and the ultimate goal is to achieve a better street grid, because there currently is not one in this area. Commissioner LARSON wondered if there will be an adequate number of parking spaces on the site and if the east/west easement will be widened. Mr. Cutler said the east/west easement will be upgraded as part of future development along the site. Ms. Mikulak added that any development will meet development standards for the zone district and there will be both on street and off-street parking. Commissioner SIMBAI commented on an awkward break in the fence east of Vance Street and wondered if the access will continue. Frank Cefaratti, applicant 3605 Dudley Street Mr. Cefaratti explained there are neighbors who cut through the fence and he mentioned he plans to beautify it to make it look better and it will remain and connect to all other sidewalks. He also clarified that the easements will be widened for better access for fire trucks. There was no Public Comment It was moved by Commissioner OHM and seconded by Commissioner LEO to recommend approval of a major subdivision with right-of-way dedication on property located at 4100 Wadsworth Boulevard and zoned Mixed Use- Commercial (MU-C) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. Planning Commission Minutes - 4 – June 17, 2021 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit if residential development occurs. 2. The developer shall enter into a Subdivision Improvement Agreement with the City at the time of recordation of the subdivision plat. 3. Minor corrections to the plat labelling and symbology as requested by the Engineering Division shall be made prior to recordation of the plat mylar. Commissioner KERNS commented that he feels there is a need for more pedestrian access on the east side of the property. Commissioner OHM is happy the applicant is working with the City to have more pedestrian access and would like to see conversations for long-term connectivity. Commissioner SIMBAI appreciates the current and future planning happening on this site. Commissioner LARSON said he initially had concerns about this project, but an important piece of the plan for the City. Motion carries 7-0. B. Case No. ZOA-21-01: a code amendment modifying Chapter 26 of the Wheat Ridge Code of Laws concerning the floodplain regulations. Mr. Westberg gave a short presentation regarding the code amendment. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Mikulak mentioned there will be no Planning Commission meetings in July Planning Commission Minutes - 5 – June 17, 2021 B. Project and Development Updates Ms. Mikulak said that the City is currently halfway through the Lutheran Master Plan process and she mentioned the 2nd meeting on June 10 included 50 people participating. She added that August 2 will be Public Meeting # 3, September 22 for Public Meeting # 4 and there will also be Study Sessions with City Council and Planning Commission with adoption in October. Ms. Mikulak also let the Commission know that staff continues to be busy with the review process for building permits and is in the process of hiring a Plan Reviewer to help. She added that in 2012 there was 146 building permits reviewed compared to 372 permits in 2020. There was then discussion about hybrid meetings and how well they seem to work for the public and staff to participate. Ms. Mikulak gave some background on public parks and the use of Federal funds that are protected. Once the Wadsworth widening project is complete, then Parks and Rec will be able to make decisions about the future of the City Park near 41st & Wadsworth. 10. ADJOURNMENT It was moved by Commissioner SIMBAI and seconded by Commissioner DISNEY to adjourn the meeting at 9:02 p.m. Motion carried 6-0. __________________________ _______________________________ Dan Larson, Chair Tammy Odean, Recording Secretary ITEM NO: ____ DATE: June 28, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2021 – AN ORDINANCE AMENDING CHAPTERS 2 AND 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO PROHIBIT TENTS AND MAKESHIFT STRUCTURES WITHIN THE FLOODPLAIN AND TO AMEND THE FLOODPLAIN PERMITTING AND VARIANCE PROCESSES PUBLIC HEARING ORDINANCES FOR 1ST READING (June 28, 2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (July 12, 2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: Mile High Flood District (MHFD) regulations specifically prohibit tents and makeshift structures in the floodplain due to numerous public safety issues. Staff is requesting that Council amend the City’s floodplain regulations in Chapter 26 to adopt similar regulations. In addition, staff is seeking to improve the approval process for Class II Floodplain Permits and the appeal process of Floodplain Manager’s decisions. Among the changes, staff is proposing to remove the Board of Adjustment (BOA) as the review and approval body for floodplain permits and to add the Building Code Advisory Board (BCAB) as the body to hear appeals. PRIOR ACTION: On May 17, 2021, staff discussed the proposed changes with Council in study session and received direction to procced with preparing revisions to amend the floodplain regulations to prohibit tents and makeshift structures, simplify the approval process for Class II Floodplain Permits, and change the variance and appeal process for all floodplain permits. 2 Council Action Form – Floodplain Regulations June 28, 2021 Page 2 FINANCIAL IMPACT: There will be no direct financial impact to the City of Wheat Ridge if the ordinance is approved. BACKGROUND: Mile High Flood District (MHFD) is a valuable stormwater and floodplain management resource to not just the City but to the entire Denver Metro area. Their goal is to create innovative solutions that address stormwater and watersheds holistically in order to protect people, property, and the environment through preservation, mitigation, and education. MHFD provides assistance, guidance, and regulations for the entire Denver Metro area. The Mayor is the City’s representative on the MHFD Board of Directors. Camping in the City’s Floodplain Section 17-33 of the City Code states that “It shall be unlawful to camp overnight, or to park any vehicle, trailer or camper for overnight camping purposes.” However, due to being in Chapter 17, this prohibition only applies to City parks. While around half of the floodplain in Wheat Ridge is within City-owned Park property, the remainder is not, including several areas that are within the right-of-way for Interstate 70 that are popular and hazardous locations for camping. In October 2019, the MHFD Board passed a resolution expressly prohibiting tents and makeshift structures within the floodplain. MHFD’s enabling statutes state, “In the event of any conflict between this floodplain regulation and any floodplain regulation adopted by any other public body within MHFD, the more restrictive regulation shall control.” This means that the MHFD’s October 2019 camping ban is the controlling regulation. While staff can and should enforce the more stringent MHFD regulations, having the regulations in the City Code allows more direct enforcement by staff. These floodplain regulation changes were made for the sole purpose of public safety. The dangers of allowing tents and other makeshift structures for human habitation within floodplains are as follows: 1. Individuals living in these structures put themselves at grave risk of loss of property, serious injury, and death by drowning during flooding. On July 21, 2019, a 38-year-old woman drowned in North Dry Gulch during a high-water event. Her body was found the next morning in an area that was 10 feet underwater during the event. 2. Swift-water rescues of inhabitants of these makeshift structures during times of flood puts the lives of first responders at risk. 3. The building materials and furnishings of tents and makeshift structures within floodplains add to the debris load of the flood, potentially clogging bridge and culvert openings, thereby endangering the rest of the community. 4. The byproducts of human habitation of these structures (feces and trash) pollute the floodwaters with fecal bacteria and other hazardous substances, endangering the rest of the community. This change is reflected in the ordinance by amending Article VIII (Floodplain Control) within Chapter 26. Council Action Form – Floodplain Regulations June 28, 2021 Page 3 Class II Floodplain Permits Class II permits are for construction of new habitable structures or new dwelling units. Currently the floodplain regulations in Article VIII of Chapter 26 require that the BOA provide the final approval for Class II Floodplain Permits. When a structure is proposed in the floodplain, staff ensures that all technical issues have been resolved and code requirements have been met either during or as part of the building permit review process. Only after a request meets all applicable regulations is a BOA public hearing scheduled. Therefore, having the BOA conduct a public hearing adds an additional, seemingly unwarranted layer, to the process. Since the BOA only meets once a month, an additional month is often added to the often lengthy approval process for Class II permits due to the code requirement for the public hearing. The BOA does not have any technical training in floodplain regulations and does not provide any additional substantive review to the process. The BOA typically hears cases that involve wide discretion, such as variances to the City’s regulations due to some kind of hardship alleged on the part of the applicant. Any variance from the floodplain regulations is not allowed without going through a lengthy state and federal review process. This difficult process is intentional due to the fact that variances to floodplain regulations inevitably put life and property at risk of flooding. Therefore, approval of Class II floodplain permits should be ministerial (not discretionary) based on compliance with local, state, and federal floodplain regulations. Staff is recommending that the Floodplain Administrator, who holds a certification issued by the American Society of Floodplain Managers, be the final approval authority for Class II permits. This is the current approval process for Class I floodplain permits (required for non-habitable structures and fences in the floodplain). State and federal staff have confirmed that staff level review and approval is sufficient; in fact, that they did not know of other jurisdictions that require some kind of board approval or public hearing. This change is reflected in the ordinance by amending various sections of Chapter 2 and 26 of the City Code. The Chapter 2 amendments are necessary due to shift in responsibilities away from the BOA to staff. Appeals & Variances Due to the very technical nature of the review of any potential appeals to the Floodplain Administrator’s decisions on floodplain permits, the current appeal process is revised to refer appeals to the BCAB instead of the BOA. This would then be consistent with the appeals process for decisions made by the Chief Building Official related to the building code. Lastly, the floodplain variance procedures are being amended in subsection 26-808.D of the City’s floodplain regulations. The current procedure is not in compliance with the state floodplain variance process and is required to be amended for consistency with the state. These changes are made by amendments to Chapters 2 and 26. The Chapter 2 amendments are necessary due to shift in responsibilities away from the BOA to the BCAB. Council Action Form – Floodplain Regulations June 28, 2021 Page 4 RECOMMENDATIONS: The proposed ordinance will provide staff with the ability to protect vulnerable populations from using hazardous floodplain areas for habitation. The ordinance also allows improves the permitting, variance, and appeals processes in the floodplain regulations to provide better customer service and make them more predictable. Staff recommends that the proposed changes to the Floodplain Ordinance be enacted. Staff is also requesting that the ordinance be effective immediately after the Mayor and City Clerk have signed, instead of the typical 15 day waiting period. Staff is currently reviewing two Class II floodplain permits and anticipates being able to issue them by the time of the public hearing in mid-July and would like the ability to issue the permits as soon as they are approvable and the ordinance is effective. Planning Commission recommended approval by a vote of 5 to 2 on the Chapter 26 portion of the ordinance at a public hearing on June 17. Dissenting opinions were based on concerns that the camping prohibition would penalize the homeless population. Meeting minutes from the public hearing will be included in the City Council packet on second reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2021, an ordinance amending Chapters 2 and 26 of the Code of Laws of the City of Wheat Ridge to prohibit tents and makeshift structures within the floodplain and to amend the floodplain permitting and variance processes, order it published, public hearing set for July 12, 2021 at 7:00 p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption and signature by the Mayor and City Clerk” Or, “I move to postpone indefinitely Council Bill No. 10-2021, an ordinance amending Chapters 2 and 26 of the Code of Laws of the City of Wheat Ridge to prohibit tents and makeshift structures within the floodplain and to amend the floodplain permitting and variance processes, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2021 Floodplain Regulations ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ________ Council Bill No. 10 Ordinance No. ________ Series of 2021 TITLE: AN ORDINANCE AMENDING CHAPTERS 2 AND 26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE TO PROHIBIT TENTS AND MAKESHIFT STRUCTURES WITHIN THE FLOODPLAIN AND TO AMEND THE FLOODPLAIN PERMITTING AND VARIANCE PROCESSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter"); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self-government and home rule and all the power possible for a municipality to have under the Constitution and laws of the State of Colorado; and WHEREAS, under this home rule authority and C.R.S. § 31-23-301, the City has the authority to establish, regulate, restrict, and limit uses on or along any storm or floodwater runoff channel or basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("City Council") previously adopted floodplain control regulations, codified as Article VIII of Chapter 26 of the Wheat Ridge Code of Laws; and WHEREAS, the City Council finds that the location of tents and similar moveable makeshift structures used for human occupancy within the floodplain presents a serious threat to the life, safety and well-being of both the inhabitants of the temporary structures and others; and WHEREAS, such threats include the risk of death and injury from drowning, such as the drowning death of a 38-year-old woman during a high water event in North Dry Gulch in Lakewood on July 21, 2019; the risk to first responders presented by swift-water rescues of inhabitants of makeshift structures during times of flood; the contribution of debris and materials from makeshift structures to the flood load, potentially clogging bridge and culvert openings; and the byproducts of human habitation, such as trash and feces, polluting the floodwaters, endangering the public at large; and 2 WHEREAS, the City Council further finds that floodplain permits are best reviewed and decided by someone with experience and training in flood control rules, methods and technical issues, such as the City Floodplain Administrator, with a level of review and appeal to the Building Code Advisory Board, the City board most familiar with technical building code interpretation and application; and WHEREAS, the City Council therefore desires to amend the City flood control regulations to prohibit tents and makeshift structures within the floodplain, to authorize the Floodplain Administrator to issue floodplain permits and to authorize the Building Code Advisory Board to hear and decide appeals and variances concerning flood control, all in furtherance of the public health, safety and welfare. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The first sentence of Subsection 2-53(d) of the Code of Laws, concerning the Board of Adjustment voting rules, is hereby amended as follows: (d) Notwithstanding any other provision in this section, the following voting rules shall be in effect for all matters requiring decision by the board of adjustment to grant any variance, waiver, temporary building or use permit, OR any interpretation or floodplain special exception permit (or for any matter requiring decision by the planning commission or the city council under Section 26-6(D) of the Zoning Ordinance of the city): Section 2. Section 2-59 of the Code of Laws, concerning the City Building Code Advisory Board, is hereby amended by the addition of the following new subsection (h), to read in its entirety: (H) THE BUILDING CODE ADVISORY BOARD SHALL HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM DECISIONS OF THE FLOODPLAIN ADMINISTRATOR AND VARIANCE APPLICATIONS UNDER ARTICLE VIII OF CHAPTER 26 OF THIS CODE. Section 3. Subsection 2-61(a) of the Code of Laws, concerning the Board of Adjustment, is hereby amended as follows: (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance, floodplain zoning ordinance, and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in the Zoning Ordinance, section 26.D., and as approved by the city council in the form of official rules and regulations for the board of adjustment. 3 Section 4. Section 26-106 of the Code of Laws, concerning the review process chart, is hereby amended in the second to last row as follows: Approval Requested Pre-Application Final Notes Staff Neighborhoo d Staf f PC CC BO A URP C Floodplain Permit – Class II 4X A H § 26-806 Section 5. Section 26-802 of the Code of Laws, concerning definitions related to the Floodplain Regulations, is hereby amended by the addition of the following new definition: BCAB. THE WHEAT RIDGE BUILDING CODE ADVISORY BOARD, AS ESTABLISHED AND DEFINED BY SECTION 2-59 OF THIS CODE. Section 6. Subsection 26-805.B.2. of the Code of Laws, concerning permitted uses within the Floodway, is hereby amended as follows: Sec. 26-805. - Floodway regulations. B. Permitted uses. The following open uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning and do not include any structures, filling or deposition of materials, and do not cause any increase in the base flood elevation of the floodway. 2. Public and private recreational uses not requiring permanent or temporary structures such as parks, swimming areas, picnic grounds, wildlife and nature preserves, and fishing and hiking areas, EXPRESSLY EXCLUDING ANY USE INVOLVING TENTS OR MAKESHIFT STRUCTURES USED FOR HUMAN HABITATION. Section 7. Subsection 26-805.D.2. of the Code of Laws, concerning prohibited uses within the Floodway, is hereby amended as follows: D. Prohibited uses. 2. ALL USES PROHIBITED WITHIN THE SFHA UNDER SECTION 26-806.C. The storage or processing of materials that are buoyant, flammable, or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal or plant life shall be prohibited within the floodway. Section 8. Subsection 26-806.C of the Code of Laws, concerning prohibited uses within the Special Flood Hazard Area, is hereby amended as follows: Sec. 26-806. - Special flood hazard area regulations. 4 C. Prohibited uses. 1. Hhazardous materials. The storage or processing of materials that are buoyant, flammable, or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human, animal, or plant life shall be prohibited within the SFHA. 2. TENTS AND MAKESHIFT STRUCTURES. TENTS AND MAKESHIFT STRUCTURES, ENCLOSURES OR OTHER SHELTERS USED FOR HUMAN HABITATION ARE PROHIBITED WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. Section 9. Section 26-808 of the Code of Laws, concerning the administration of the City’s Floodplain Control regulations, is hereby amended as follows: Sec. 26-808. - Administration. A. Floodplain administrator. The community development director of the City of Wheat Ridge or designee shall be the floodplain administrator. The duties of the administrator shall include, but not be limited to: 1. Coordination between departments and divisions: a. Coordinate the application, permit, review, appeal, certification, and enforcement processes between the office of the floodplain administrator and other departments and divisions as appropriate to ensure compliance with these regulations and an efficient use of staff. b. All applications and certifications shall be submitted to the community development department from which further routing to other departments and divisions and utility companies shall occur. c. All administrative decisions require the property to be posted for fifteen (15) days. If no protests are filed, the permit may be issued by the floodplain administrator. If a protest is filed, then a public hearing before the board of adjustment will be scheduled following the applicable noticing and other requirements of section 26-109. 5 2. Development permit review: a. Review all development permits, which include building permits, to determine whether a property is within the SFHA and that the applicable requirements of these regulations have been satisfied. b. Review all development permits to determine that all necessary permits have been obtained from federal, state, or local governmental agencies from which prior approval is required. 3. Information to be obtained and maintained: a. Obtain certification from applicant's engineer and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. b. Maintain for public inspection all records pertaining to the provisions of these regulations. c. All records required by these regulations shall be maintained with the associated development permits in the community development department. 4. Use of other base flood data. When base flood elevation data has not been provided by the applicant or his representative, the floodplain administrator may obtain, review, and reasonably utilize any base flood and floodway elevation data available from federal, state, or other sources as criteria for requiring that new construction, substantial improvements, or other development in the SFHA in order to administer subsections 26-806C., D. and F. 5. Alteration or relocation of watercourses: a. No alteration or relocation of a watercourse shall occur without the approval of the floodplain administrator. Consideration of gravel extraction operations shall be in accordance with state law (C.R.S. § 3-4-1-301). b. Upon receiving approval, the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. The applicant shall provide all data required by FEMA for a letter of map revision. c. The carrying capacity of an altered or relocated watercourse shall be maintained. 6 6. Interpretation of digital flood insurance rate map (DFIRM) boundaries. The floodplain administrator shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection B., below. B. Mapping disputes. The following procedure shall be used by the floodplain administrator in deciding contested cases in which the location of a district boundary is disputed: 1. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires. The floodplain administrator shall not allow deviations from the boundary line as mapped. If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, a FEMA letter of map revision must be completed by the applicant prior to the issuance of a development permit. 2. The administrator shall render a written opinion within thirty (30) days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision. 3. Applicants shall have the right to appeal such decisions to the BCAB board of adjustment. Application for appeal must be made within thirty (30) days. C. Floodplain permits: 1. Application. There shall be two (2) types of floodplain permits: Class I and Class II. The approval of either floodplain permit does not substitute for any other permit that may be required by city ordinance, such as building permits. 2. Floodplain permit—Class I. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I floodplain permit by the floodplain administrator and in compliance with section 26-806.D. a. Structures for non-human occupancy. Fences, sheds, signs, and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. b. PERMANENT Structures for human occupancy. Improvements to existing structures may be permitted only upon 7 a finding that the improvements proposed are not substantial improvements, as defined in section 26-802. TEMPORARY STRUCTURES FOR HUMAN OCCUPANCY, SUCH AS TENTS OR MAKESHIFT STRUCTURES ARE NOT PERMITTED WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. c. Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with section 26-806.D. 3. Floodplain permit—Class II. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II floodplain permit by the FLOODPLAIN ADMINISTRATOR board of adjustment after a public hearing and in compliance with section 26-806.D. AND SECTION 26-808.C.4. a. PERMANENT Structures for human occupancy. New construction or substantial improvement of any residential, commercial, industrial, or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor, including basement, is elevated to one (1) foot or more above the base flood elevation. TEMPORARY STRUCTURES FOR HUMAN OCCUPANCY, SUCH AS TENTS OR MAKESHIFT STRUCTURES ARE NOT PERMITTED WITHIN THE SFHA, EXCEPT IN LOCATIONS EXPRESSLY PERMITTED BY THE FLOODPLAIN ADMINISTRATOR AND HAVING ADEQUATE SANITATION FACILITIES AND FLOOD EVACUATION PLANS. b. Manufactured homes. New manufactured home parks and manufactured home subdivisions, expansions of existing manufactured home parks and manufactured home subdivisions, and existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets, utilities, and pads before the repair, reconstruction, or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that: (1) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated 8 one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system. Manufactured homes shall be anchored in accordance with subsection D.12. of section 26-806; and (2) Adequate surface drainage and access for a hauler will be provided. 4. CLASS II FLOODPLAIN PERMIT REVIEW CRITERIA: THE FLOODPLAIN ADMINISTRATOR SHALL BASE THE DECISION TO APPROVE, CONDITIONALLY APPROVE OR DENY AN APPLICATION FOR A CLASS II FLOODPLAIN PERMIT BASED UPON THE FOLLOWING FACTORS: A. THE DANGER THAT MATERIALS MAY BE SWEPT INTO OTHER LANDS TO THE INJURY OF OTHERS; B. THE DANGER TO LIFE AND PROPERTY DUE TO FLOODING OR EROSION DAMAGE; C. THE SUSCEPTIBILITY OF THE PROPOSED FACILITY AND ITS CONTENTS TO FLOOD DAMAGE AND THE EFFECT OF SUCH DAMAGE ON THE INDIVIDUAL OWNER; D. THE IMPORTANCE OF THE SERVICES PROVIDED BY THE PROPOSED FACILITY TO THE COMMUNITY; E. THE NECESSITY TO THE FACILITY OF A WATERFRONT LOCATION, WHERE APPLICABLE; F. THE AVAILABILITY OF ALTERNATIVE LOCATIONS FOR THE PROPOSED USE WHICH ARE NOT SUBJECT TO FLOODING OR EROSION DAMAGE; G. THE COMPATIBILITY OF THE PROPOSED USE WITH THE EXISTING AND ANTICIPATED DEVELOPMENT; H. THE RELATIONSHIP OF THE PROPOSED USE TO THE COMPREHENSIVE DEVELOPMENT PLAN AND FLOODPLAIN MANAGEMENT PROGRAM FOR THE AREA; I. THE SAFETY OF ACCESS TO THE PROPERTY DURING TIMES OF FLOOD FOR ORDINARY AND EMERGENCY VEHICLES; J. THE EXPECTED HEIGHTS, VELOCITY, DURATION, RATE OF RISE, AND SEDIMENT TRANSPORT OF THE FLOODWATERS EXPECTED AT THE SITE; 9 K. THE COSTS OF PROVIDING GOVERNMENTAL SERVICES DURING AND AFTER FLOOD CONDITIONS, INCLUDING MAINTENANCE AND REPAIR OF PUBLIC UTILITIES AND FACILITIES, SUCH AS SEWER, GAS, ELECTRICAL, AND WATER SYSTEMS, STREETS, AND BRIDGES; AND L. COMPLIANCE WITH APPLICABLE STATE AND FEDERAL FLOODPLAIN REGULATIONS. 5. Submittal requirements. The applicant for a floodplain permit shall provide the following information as a part of the application, unless waived by the administrator: a. Completed application form and required application fee. b. A plan certified by a registered engineer, competent in open- channel hydraulics, which accurately locates the applicant's property with respect to the SFHA limits, channel of stream, existing developments, together with all pertinent information such as: the nature of the proposal; legal description of the property; fill limits and elevations; building's lowest floor elevations in relation to the datum used on the FEMA map and study; floodproofing measures and elevation in relation to mean sea level to which any structure has been floodproofed; a report covering the effects of equal degree of encroachment of other nearby properties of the SFHA; and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. In addition, all subdivision proposals and other proposed new developments which are located in any SFHA shall include within such proposals base flood elevations. d. As much of the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposal upon flood flows and the floodplain and to render a decision on the floodplain permit: (1) A typical cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross- sectional area to be occupied by the proposed development, and high-water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations; size, location, and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water 10 supply, and sanitary facilities; soil types; and other pertinent information. (3) Profile showing the slope of the 100-year flood and the bottom of the channel or thalweg of the stream. (4) Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (5) Hydraulic calculations for all proposed channelization. e. The applicant for a building permit for work within a special flood hazard area shall include as a part of its application a lot survey that illustrates all applicable floodplain boundaries, including the floodway, if present. 5 6. Factors upon which the decision shall be based. The determination of the floodplain administrator or the board of adjustment on each floodplain permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in section 26-801. 6 7. Conditions attached to floodplain permits. Upon consideration of the factors listed above and purposes of these regulations, the floodplain administrator or board of adjustment may attach such conditions as deemed necessary in furthering the purposes of these regulations. A copy of these conditions shall be presented to the applicant and a copy of these conditions shall be transmitted to the chief building official, which shall be kept on file. Such conditions may include specifications for, without limitation because of specific enumeration, modification of sewage disposal and water supply facilities, modification of other waste disposal methods and facilities, landscaping periods of operation, operational controls, sureties, deed restrictions, and adequate floodproofing. a. Floodproofing: Floodplain permits requiring floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities, forces, and other factors associated with the flood protection elevation. The floodplain administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area. 11 Floodproofing measures may include the following: (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters. (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes, or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation. (6) Installation of pumps to lower water levels in structures. (7) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters. (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (10) Cutoff valves on sewer lines or the elimination of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the 100-year flood to become more damaging to other residents within the SFHA. 7 8. Class IfFloodplain permits; timeliness of decision. The floodplain administrator shall render a written decision granting or denying EACH the floodplain permit application. If a denial is made, the decision shall set forth the floodplain administrator's findings of fact and reasons for the denial. Applicants shall have the right to appeal any adverse decision OR CONDITION to the BCAB board of adjustment. Such appeal must be filed with the BCAB board of adjustment within thirty (30) days from the date of the floodplain administrator’s decision. D. Review by the BCAB board of adjustment. 1. The BCAB board of adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I floodplain permits which 12 have been denied or conditionally approved by the floodplain administrator, and requests for Class II floodplain permits as provided within these regulations. 2. The board of adjustment shall hear and decide appeals of Class I floodplain permits when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of these regulations Any decision in favor of the applicant shall be considered a variance. 3 2. Those aggrieved by the decision of the board of adjustment may appeal such decisions to the Jefferson County District Court, as provided by the Wheat Ridge Code of Laws. 4 2. In passing upon ANY APPEAL OR VARIANCE APPLICATION such application, the BCAB board of adjustment shall consider all technical evaluation, all relevant factors, standards specified in other sections of these regulations, and: REFERRAL AND REVIEW COMMENTS RECEIVED FROM THE COLORADO WATER CONSERVATION BOARD (CWCB) AND THE FEDERAL INSURANCE ADMINISTRATOR, WITHIN THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), CONCERNING COMPLIANCE WITH STATE AND FEDERAL REQUIREMENTS. a. The danger that materials may be swept into other lands to the injury of others; b. The danger to life and property due to flooding or erosion damage; c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facility to the community; e. The necessity to the facility of a waterfront location, where applicable; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compatibility of the proposed use with the existing and anticipated development; h. The relationship of the proposed use to the comprehensive development plan and floodplain management program for the area; 13 i. The safety of access to the property during times of flood for ordinary and emergency vehicles; j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, streets, and bridges. 5 3. Upon consideration of the factors, STANDARDS AND REFERRAL COMMENTS AS SET FORTH IN of subsection D.4., above, the BCAB board of adjustment shall affirm or reverse, in whole or in part, the decision of the floodplain administrator (with respect to Class I floodplain permits), and may attach such conditions to the granting of A VARIANCE TO THE floodplain permits or variance as it deems necessary to further the purposes of these regulations. 6 4. The floodplain administrator shall maintain the records of all appeal actions, including technical information, and report any variance to THE CWCB AND FEMA, upon request. E. Conditions for Class I floodplain permit variances. 1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 2. Variances shall not be issued within any designated floodway. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 14 c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on, or victimization of the public as identified in section 26- 801(c), or conflict with existing local laws or ordinances. F. Staking at construction sites. The owner of any property located in whole or in part within the special flood hazard area upon which construction is occurring shall locate, or cause to be located, stakes that mark the boundaries of the floodplain, including the floodway, if present. G. Notice to tenants. The owner of any property located in whole or in part within the special flood hazard area that is made available for rent, lease or any other form of tenant occupancy shall disclose to each potential tenant the existence and boundaries of the floodplain on the property. At a minimum, such disclosure must be included in the lease, rental agreement or other written instrument. Section 10. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 11. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 12. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 28th day of June 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 July 12, 2021, at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______, this ____ day of ___________________ , 2021. 15 SIGNED by the Mayor on this ________ day of ____________________, 2021 Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: July 1, 2021 Second Publication: July 15, 2021 Jeffco Transcript: Effective Date: July 12, 2021 ITEM NO: ____ DATE: June 28, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2021 – AN ORDINANCE APPROVING THE DISPOSAL BY DEMOLITION OF CITY-OWNED BUILDINGS ASSOCIATED WITH THE IMPROVE WADSWORTH PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING (June 28, 2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (July 12, 2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The City owns two buildings along Wadsworth Boulevard that were purchased in order to provide the necessary right-of-way for the Improve Wadsworth project. These two buildings need to be demolished in order for the street improvements to be constructed. Staff is requesting authorization from Council to demolish the buildings. PRIOR ACTION: Staff has met with Council numerous times over the past eight years concerning the Improve Wadsworth project. Several of those meetings have been focused on acquiring the property needed to construct the project, including these two properties which each include a building. FINANCIAL IMPACT: The property acquisitions for these properties have all been completed using available project funds from the City’s 2E fund and CIP. Additional relocations expenses will continue to be incurred and have been included in the right-of-way budget for the project. The demolition of the two buildings that must be removed will be done by the contractor that is awarded the construction project and is included in the construction budget for the project. 3 Council Action Form – Demolition of City-owned Buildings June 28, 2021 Page 2 BACKGROUND: The Raliberto’s building needs to be demolished to allow for the relocation of the traffic signal from 3 Acre Lane to W. 41st Avenue. Raliberto’s recently moved next door into the restaurant previously occupied by Good Times. Demolition of this building is included in the scope of work for the construction portion of the Improve Wadsworth project. One of the partial acquisitions at 7595 W 48th Avenue includes a small house that was recently used as a rental property. The larger house on the property will remain. The small house was recently vacated and needs to be demolished to allow for the construction of a new retaining wall on the east side of Wadsworth. Demolition of this building is included in the scope of work for the construction portion of the Improve Wadsworth project. RECOMMENDATIONS: Staff recommends authorizing demolition of these two buildings that the City now owns in order to complete the construction of the Improve Wadsworth project. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2021, an ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project, order it published, public hearing set for July 12, 2021 at 7:00 p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption and signature by the Mayor and City Clerk” Or, “I move to postpone indefinitely Council Bill No. 11-2021, an ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 11 Ordinance No. _________ Series 2021 TITLE: AN ORDINANCE APPROVING THE DISPOSAL BY DEMOLITION OF CITY-OWNED BUILDINGS ASSOCIATED WITH THE IMPROVE WADSWORTH PROJECT WHEREAS, the City of Wheat Ridge, Colorado (“City”) has acquired certain real properties in connection with the Improve Wadsworth Project (the “Project”); and WHEREAS, buildings present on two of these properties need to be demolished in order to accommodate the Project; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the approval, by ordinance, of three-fourths of the entire City Council, is necessary to sell or dispose of municipally owned buildings or real property; and WHEREAS, the City Council finds and determines that the demolition of the subject buildings is necessary to accommodate the Project. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Disposal by Demolition. Pursuant to Charter Section 16.5, the City Council hereby approves the disposal by demolition of the following City-owned buildings located at: • 4084 Wadsworth Boulevard – formerly Raliberto’s • 7595 W 48th Avenue – recently vacated single family home The City Manager is hereby authorized to take such actions as needed to proceed with demolition of the buildings as necessary for the Project. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 28th day of June 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 July 12, 2021, at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by the unanimous approval of the entire membership of the City Council this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. ____________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney First Publication: July 1, 2021 Second Publication: July 15, 2021 Jeffco Transcript: Effective Date: July 12, 2021