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HomeMy WebLinkAboutCity Council Meeting Agenda 07-12-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 12, 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 July 12, 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: 893 9501 9280 Passcode: 878440 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL or translation service for languages other than English are asked to contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council minutes of June 28, 2021 and Special Study Session notes of June 28, 2021. APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES PUBLIC’S RIGHT TO SPEAK a. Members of the public may speak on any matter not on the Agenda for a maximum of 3 minutes under Public’s Right to Speak. Please speak up to be heard when directed by the Mayor. 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 of the staff report for that specific agenda item. CITY COUNCIL AGENDA: July 12, 2021 Page -2- 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 Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. 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 2. Council Bill No. 11-2021, an ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project ORDINANCES ON FIRST READING 3. Council Bill No. 12-2021, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution No. 35-2021 – a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,600,000 for contractual building services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 28, 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 7:02 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Korey Stites Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Treasurer Chris Miller; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Police Chief Chris Murtha; Director of Community Development, Ken Johnstone; Director of Parks and Recreation, Karen O’Donnell; Assistant to the City Manager, Marianne Schilling; Scott Cutler, City Planner; Kiva Hummel, Director of Civic Engagement from the National League of Cities; other staff, guests and interested citizens. Councilmembers Weaver (traveling out of the country) and Dozeman (ill) did not attend. PROCLAMATIONS AND CEREMONIES All- America Award Proclamation Councilmembers Nosler Beck and Hultin stood to thank those who worked so hard on this Award application. They explained what the Award means and how distinguished Wheat Ridge is as one of ten Award recipients for 2021 among more than 2,300 cities in America. An audience of some 40 people enjoyed one of the three videos Wheat Ridge submitted to the AAC Award Jury. On the video soundtrack the City Poet read a poem entitled Tree City. Congressman Ed Perlmutter, a Wheat Ridge native, sent a congratulatory note the City, which Councilmember Nosler Beck read. Senator Hickenlooper sent a video City Council Minutes June 28, 2021 page 2 congratulating the City, noting that Wheat Ridge continued to achieve great things during the pandemic. Mayor Starker read the proclamation and thanked all of those who worked so hard on winning the AAC Award, and what an accomplishment the Award represents, followed by a standing ovation from about 40 people who attended. Ms. Kiva Hummel congratulated the City and recapped the process the City completed to win the AAC Award. The jury was very impressed with our inclusiveness, short- and long-term strategy and our teamwork. She presented the official plaque that will be displayed in City Hall. Park and Recreation Month Proclamation Mayor Starker Proclaimed the month of July as Parks and Recreation Month in the City of Wheat Ridge. The proclamation summarized all of the benefits and return on effort that municipal recreation provides to residents of our City. Ms. O’Donnell and several Parks and Recreation staff came forward to accept the proclamation, and congratulations for outstanding work in providing our residents access to recreational facilities and to clean, inviting city parks during the pandemic. Thomas Abbott Proclamation Mayor Starker read a proclamation expressing the City of Wheat Ridge’s appreciation to Thomas Abbott, who has dedicated 35 years of service with an unwavering commitment to the City’s Boards and Commissions. Mr. Abbott came forward to accept the proclamation, which detailed his many, many contributions as a member of our boards and commissions. He has served consistently and reliably on a variety of our boards and commissions selflessly contributing to the quality of life in our City. Juneteenth Proclamation Mayor Starker proclaimed June 19, 2021 as Juneteenth in Wheat Ridge, commem- orating the end of slavery in America. On June 19, 1865 Federal troops arrived at the port of Galveston, TX, where the locals had continued to practice enslavement despite the Emancipation Proclamation, signed by President Abraham Lincoln on January 1, 1863. With the arrival of the Federal troops, the freedom of the last people subjected to slavery in the United States was finally assured. This holiday commemorates the events of June 19, 1865 and recognizes the history of African American people’s contributions to our great nation. Members of Wheat Ridge for Equity attended to accept the proclamation and further describe the significance of this newly declared National Holiday. In 2018 the people of Colorado voted by a 65% majority to remove the phrase, “…involuntary servitude or slavery except upon conviction of a crime,” from our State Constitution. City Council Minutes June 28, 2021 page 3 APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of June 14, 2021; Special Study Session notes of June 14, 2021 and City Council Study Session Notes of June 21, 2021 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK Derrick Nedzel, 4460 Yarrow St. He came to represent his neighborhood and seek help with constant problems related to vehicular traffic moving at excessive rates of speed along their streets. He and his neighbors are circulating a petition to present to the City. He specifically asked for speed bumps. Guy Nahmiach, 3850 Ward Road. He came to thank the people of Wheat Ridge, the City executives and other staff for their help making the Neighborhood Gazette, according to the recent resident survey, the most popular and often used source of local news and information. 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 address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comments related to tonight’s agenda items appeared in WR Speaks: I live on the 4400 block of Yarrow Street. Our residents group has been trying to get speed bumps installed on our block for two years. We have submitted the required list of signatures from the owners of property on the block. The Wheat Ridge Police confirmed the speeding problem on our block last year. Our block is a major right of way from 44th avenue to the Yukon Court Apartments, so we have more traffic than a normal block in Wheat Ridge and we regularly have cars going full blast down our street, 50-60 mph is not uncommon. After two years of waiting, we need the city's help in getting speed bumps installed. Our neighboring streets already have speed bumps, and resident on the 4400 block of Zephyr told us theirs were installed very quickly after the city received the request. The block residents and I are concerned that once the Wadsworth project is started, our request will go to the bottom of the priority list. June 27, 2021, 1:12 PM Derrick Nedzel 4460 Yarrow St City Council Minutes June 28, 2021 page 4 Wheat Ridge, 80033 My name is Valarie Abney and I live at 4455 Yarrow. Many of my neighbors and I attended an informational meeting 2 and a half years ago about installing speed humps on our street. We have completed all requirements and have been patient. Our patience is running out. The problem is now much worse with speeding cars and motorcycles all day and all night. 6 of us have volunteered to come and speak at the meeting to the Mayor about this as we are losing confidence that unless we begin to actively pursue this nothing is going to happen. 2 and a half years is more than enough time to help us with this. We would like to see it done as soon as possible. June 26, 2021, 1:32 PM Valarie Jeanne Abney 4455 Yarrow St. WHEAT ridge, 80033 CONSENT AGENDA – No items this evening. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:50 PM 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 Councilmember Urban introduced Resolution No. 34-2021. 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. Mayor Starker opened the public hearing, and announced that this hearing is quasi- judicial, and all who testify by their act of testifying acknowledge that they are bound by law to speak the truth. Staff Presentation Scott Cutler gave a detailed presentation and entered into the records the case for a major subdivision that was previously heard and approved by the Planning Commission. Among many details, he explained that this subdivision approval does not involve a zoning change. He discussed the changes in right of way (ROW) along nearby streets by dedicating more streets as access to the proposed subdivision. Public Comment No one came forward to speak. City Council Minutes June 28, 2021 page 5 Council Questions and comments Councilmember Hultin asked how the plan includes some ROW that are streets and others are allies. Mr. Cutler gave a detailed response. Councilmember Hutchinson asked how the construction on this property will impact nearby homes and businesses. She expressed concerned about residents’ safety. Who in the City will oversee the construction process to ensure compliance with Code, especially building code and public safety considerations? Mr. Goff responded to her concerns with details about who, how and when oversight will occur during construction. Mayor Starker closed the public hearing. Motion by Councilmember Urban 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 notice requirements 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 the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The developer shall enter into a Subdivision Improvement Agreement with the City at the time 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 Engineering Division shall be made prior to recordation of the plat mylar: seconded by Councilmember Hultin, motion carried 6-0. ORDINANCES ON FIRST READING Discussion began at 8: pm. 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 City Council Minutes June 28, 2021 page 6 structures within the floodplain and to amend the floodplain permitting and variance processes. Councilmember Hoppe introduced Council Bill 10-2021. 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. Motion by Councilmember Hoppe approve Council Bill 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., on first reading for the sole purpose of ordering it published for a public hearing set for July 12, 2021 at 7 p.m. as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions and that it take effect upon adoption; seconded by Councilmember Stites; motion carried 6-0. 3. Council Bill No. 11-2021 – 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 Hultin introduced Council Bill 11-2021. 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. Motion by Councilmember Hultin to approve Council Bill 11-2021- an ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project, on first reading for the sole purpose of ordering it published for a public hearing set for July 12, 2021 at 7 p.m. as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per City Council Minutes June 28, 2021 page 7 COVID-19 restrictions, and if approved, that it take effect upon adoption; seconded by Councilmember Urban; carried 6-0. DECISIONS, RESOLUTIONS AND MOTIONS CITY MANAGER’S MATTERS Nothing new this evening. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Hoppe thanked all who worked so hard on the All-American City Award, which took hard work and close collaboration among the team. Councilmember Nosler Beck announced a clean-up June 30 7:30 – 11:30 AM at 44th and Kipling. Councilmember Stites thanked Mr. Abbot once again. He also commented that we all need to take care with fireworks. If you can find it in Wheat Ridge, buy it in Wheat Ridge. Councilmember Hultin thanked our Parks and Recreation staff for all their hard work. She reported progress on our application for grants to further enhance our recreational offerings. City Clerk Kirkpatrick announced information related to the upcoming November 3 election. Mayor Starker thanked Mr. Abbott. He also thanked all who worked so hard on the AAC application. ADJOURNMENT TO SPECIAL STUDY SESSION The meeting adjourned at 9:03 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON July 12, 2021 ______________________________ Janeece Hoppe, Mayor Pro Tem City Council Minutes June 28, 2021 page 8 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 July 28, 2021 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 8:24 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. 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: Judy Hutchinson, Zach Urban, Janeece Hoppe, Korey Stites, Valerie Nosler Beck, and Rachel Hultin. Councilmembers Weaver (traveling out of the country) and Dozeman (ill) did not attend. Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; City Treasurer Chris Miller; Director of Administration, Allison Scheck; Chief of Police Chris Murtha; Division Chief, Jim Lorentz; Assistant to the City Manager, Marianne Schilling, 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. Hotel/Motel Licensing Program Chief Murtha gave detailed descriptions of the calls for service and the volume of calls from our hotels and motels. The rate of service calls creates several concerns; these businesses are among the top five on the list of places where the WRPD responds to calls for service. The Chief explained how a hotel and motel licensing program would help the City and the WRPD mitigate those concerns. Citations to appear in Municipal Court have currently proved to be ineffective because warrants to arrest violators have no effect. The County Jail is only accepting detainees who have committed violent or otherwise serious offenses. In addition, many hotels are functioning as long-term housing solutions and are not necessarily designed for that use. The memorandum in tonight’s Council packet includes an outline for a proposed hotel/motel licensing program. Mr. Dahl and Chief Murtha gave a thorough presentation about the key findings, legal definitions, application form and eligibility requirements contemplated in a proposed ordinance. Mr. Dahl opined about how Wheat Ridge might enact ordinances like other municipalities. He cited a new law passed in Jefferson Parish, LA. He presented an outline of possible provisions in possible legislation by Council and asked for their responses to his suggestions and their input to the process of drafting an ordinance. For instance, he highlighted questions around licensing extended stay lodging. Councilmembers had questions and comments: Councilmembers discussed the details of possible provisions in a hotel and motel licensing ordinance, providing Mr. Dahl and staff with clear preferences on the possible licensing requirements, metrics for license compliance and other important details. Councilmembers also expressed support for this proposed legislation, which some believe is long overdue. They also discussed and supported an escalating scale of notices, warnings and sanctions before imposing the ultimate sanction of suspending or revoking the business’s hotel/motel license, City business license or both. Councilmembers and staff also discussed potential connections to the homeless navigator program. Councilmembers also asked for public information and education about this effort, both to inform residents about its impact on homelessness and impact on local lodging businesses. Have these businesses been asked for input? Chief Murtha gave a detailed reply. Councilmember Hoppe asked for a consensus to direct staff to bring forward a proposed ordinance to address licensing of hotels and motels and extended stay lodging in the City. Consensus achieved. 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 9:24 pm. APPROVED BY CITY COUNCIL ON July 12, 2021. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Janeece Hoppe, Mayor Pro Tem ITEM NO: 1 DATE: July 12, 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. Council Action Form – Floodplain Regulations July 12, 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 July 12, 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 July 12, 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 are attached. 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, on second reading, 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 2. Planning Commission minutes, June 17, 2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE 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 6 to 0 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 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 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 revision to the Floodplain Regulations. Commissioner KRICHIVER asked what the enforcement mechanism is with the current regulation and what the penalty will be. Mr. Westberg explained that if the changes are not made, then the City is still obligated to enforce the regulation and there would be a citation given, it would be the Flood Districts regulation being cited, instead of the City’s regulation. Ms. Mikulak mentioned the process would not change. Mr. Westberg said he did not know what the penalty will be, but similar to other things that are illegal and unlawful. Planning Commission Minutes - 5 – June 17, 2021 Commissioner KRICHIVER feels this amendment will affect the unhoused people of Wheat Ridge and asked if there is a plan to get them to a safe place. Ms. Mikulak explained that the City has recently hired a Homeless Navigator and there are more resources currently in the City and County than ever before and there will be more discussions about homelessness in the future. Commissioner KRICHIVER asked about the phrase that structures were prohibited except in locations expressly permitted by Floodplain Administrator and having adequate sanitation and facilities and flood evacuation plans and wondered if there are currently any plans to build said facilities and is the a evacuation plan. Mr. Westberg said Denver has one place where camping is allowed and would argue to allow no camping to happen in a floodplain. Commissioner SIMBAI asked about the difference of ministerial vs. discretionary and if the public will have any options. Ms. Mikulak explained that when there is a discrepancy between what should be ministerial and what is offered discretion it opens the City’s liability and creates false expectations for the public. Commissioner OHM asked if the tragic story of the lady dying is part of the Code. Ms. Mikulak said not that is just the preamble explaining why the amendment is needed. Commissioner OHM also inquired if there is a statement in the Code saying a tree will be cut down if in the floodplain. Mr. Westberg answered no, trees are not addressed in this floodplain part of the Code. In response to a question form Commissioner DISNEY about a damaged house in the floodplain being rebuilt, Mr. Westberg explained the language should be floodway and if the damage of a home reaches 51% of its value he can not allow the house to be rebuilt. Commissioner DISNEY expressed her opinion that there is a need for this ordinance in the City of Wheat Ridge. Commissioner LEO asked if the Floodplain is also called the 100-year Floodplain. Mr. Westberg explained that Floodplain, 100-year Floodplain and Special Flood Hazard Area all mean the same thing and there is 1% chance of that area being flooded. Planning Commission Minutes - 6 – June 17, 2021 Commissioner LEO asked if Code Enforcement are the enforcers of the Floodplain Code. Ms. Mikulak said it is primarily Code Enforcement and maybe the Police who will enforce this code and the City is trying to find solutions to these issues instead of penalizing. Commissioner LEO asked if there is a difference between somebody sleeping in a Floodplain without a tent as opposed to with a tent. Mr. Westberg said he would look into it to clarify. Commissioner KERNS asked what this amendment changes. Mr. Westberg said it moves the regulation from the District to the City’s regulations. This will ease the process to enforce should it become necessary. Commissioner LARSON asked why this variance process will move from the Board of Adjustment (BOA) to the Building Code Advisory Board. Ms. Mikulak explained that the BOA does not have the technical expertise when processing a floodplain permit and it will clean up the process. Commissioner LARSON then asked about the Clear Creek Index and wondered where it ends. Mr. Westberg said the Clear Creek index goes all the way to the Platte, but for the City ends just east of Marshall Street. Commissioner KRICHIVER asked for clarification that the women who drowned in a floodplain was not in Wheat Ridge. Mr. Westberg concurred and mentioned the District is trying to get all Jurisdictions to amend their Codes to incorporate floodplain regulations in them. Citizen’s Forum No one wished to speak. It was moved by Commissioner Disney and seconded by Commissioner LEO to recommend approval of a Code amendment modifying Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of Floodplains. Commissioner KRICHIVER pointed out there is a regulation that exists, and the amendment won’t change the enforcement of a camping ban. He added the Planning Commission Minutes - 7 – June 17, 2021 amendment does not address the underlying issue of why people are setting up tents and make-shift structures in floodplains. He was happy to hear that City Council is setting up resources and paying attention to the unhoused people in the City. He would like to see services in place for these unhoused people. Motion carries 5-2 with Commissioners KERNS and KRICHIVER voting against. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Mikulak mentioned there will be no Planning Commission meetings in July 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 7-0. __________________________ _______________________________ ITEM NO: 2 DATE: July 12, 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. Council Action Form – Demolition of City-owned Buildings July 12, 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, on second reading, 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 HULTIN 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 6 to 0 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 ITEM NO: 3 DATE: July 12, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2021 – AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (July 12, 2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (July 26, 2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Clerk ISSUE: This ordinance will revise the City’s election chapter to conform to revisions in state election laws. PRIOR ACTION: Wheat Ridge Code Sections 7-1 and 7-5 were last amended in 2002. FINANCIAL IMPACT: None BACKGROUND: This ordinance will repeal Wheat Ridge Code Section 7.5 and allow for C.R.S. 31-10-306 to control. Currently, the deadline imposed in Section 7.5 to submit an affidavit of intent to run as a write-in candidate is no later than 20 days before election day. This deadline falls after the following key election deadlines: • Deadline for the city clerk to certify the ballot content (60 days before election day) • Deadline to mail or electronically transmit ballots to military and overseas voters (45 days before election day) • After the beginning of the mail ballot mailing window (22-18 days prior to election day) If repealed, the deadline for a candidate to file a write in affidavit would be at the close of business on the 64th day before election day and prior to the key deadlines listed above. This will allow for a more accurate ballot certification, potentially reduce election administration cost (manual review of ineligible write-in candidates), enable important voter education on an accurate list of eligible candidates for office when they have their ballot in hand, and prevent any disenfranchisement of early voters. The ordinance also broadens the City’s incorporation of relevant articles in Title 1 of the Colorado Revised States (concerning elections), to ensure those articles, where applicable, are available for City elections. RECOMMENDATIONS: The City Attorney, City Clerk and the City’s election consultant recommend approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2021, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections, on first reading, order it published, public hearing set for Monday, July 26, 2021 at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon adoption. Or, “I move to postpone indefinitely Council Bill No. 12-2021, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections, for the following reason(s) _________________.” REPORT PREPARED BY; Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 12-2021 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____________ COUNCIL BILL NO. 12 ORDINANCE NO. 1716 Series 2021 TITLE: AN ORDINANCE AMENDING CHAPTER 7 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ELECTIONS WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-10-101 et seq, the City acting through its City Council (the “Council”), is authorized to adopt ordinances governing the conduct of municipal elections; and WHEREAS, in the exercise of this authority, the Council has previously adopted Chapter 7 of the Code of Laws, entitled “Elections,” and finds it necessary to revise the same in order to reflect changes in state election law. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 7-1(b) of the Code of Laws is amended to read: Sec. 7-1. – State election codes adopted. Except as otherwise provided by charter or ordinance, including the provisions of this chapter, the following statutes, as the same presently exist or as they may be in the future amended, are hereby adopted by the city and shall govern the conduct of all elections held within the city: (a) C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code," (b) C.R.S. 1-1-102 et seq., also known as the "Uniform Election Code," THOSE PORTIONS OF C.R.S. TITLE 1: ELECTIONS, DEEMED APPLICABLE IN THE JUDGMENT OF THE CITY CLERK, and (c) C.R.S. 1-45-101 et seq., also known as the "Fair Campaign Practices Act." Section 2. Section 7-5 of the Code of Laws, entitled “write-in candidate affidavit,” is hereby repealed and Section 7-6 is renumbered as 7-5. Section 3. Effective Date. This Ordinance shall take effect immediately upon adoption as permitted by Section 5.11 of the Home Rule Charter. ATTACHMENT 1 -2- INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of July 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 26, 2021, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___to __, this ____ day of ________________ 2021. SIGNED by the Mayor on this ______day of ___________, 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: 4 DATE: July 12, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,600,000 FOR CONTRACTUAL BUILDING DIVISION SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ Community Development Director City Manager ISSUE: The building division has experienced an extremely busy year, thus far. The volume of work reflects a robust mix of residential and commercial construction and by volume and revenues represents the busiest 1st and 2nd quarters for the building division on record. As a result, the initial amount of funding budgeted in the 2021 budget and subsequently authorized in the initial contract with CAA will be far exceeded by the end of 2021. Additionally, the SCL Lutheran hospital campus has begun applying for permits associated with their new hospital at the Clear Creek Crossing campus. The revenues and permits fees associated with this hospital campus were not included in the 2021 budget. Staff is requesting a budget supplemental of $1,600,000 to cover estimated 2021 expenses associated with the CAA contract, based on current revenue projections. PRIOR ACTION: The City awarded Charles Abbott Associates the contract for on-call building services in March 2017 after an open bidding process. They officially began working for the City in mid-April 2017. As Council is aware, the City experienced a damaging hailstorm on May 8, 2017, which Council Action Form – Building Division Contract Services – Budget Supplemental July 12, 2021 Page 2 proved to be (on a monetary basis) the most damaging hailstorm in Colorado history. CAA was able to bring inspectors and permit technicians from across the country to meet the customer service needs associated with building permit-associated repairs from the storm. Late in 2017, the City began considering whether to award a full-service contract to CAA to fully perform the functions of the City’s building division. City Council discussed the merits of such an approach at a January 22, 2018 study session. On February 12, 2018, City Council approved a contract award to Charles Abbott Associates, Inc. (CAA) to provide contractual building division services. Approval of that contract represented a change in the City’s business model, switching to a 100 percent contract model for building division services. In approving the contract, City Council authorized a not to exceed amount of $825,000 “except if otherwise approved by City Council, if the earned amount exceeds this annual amount.” The initial contract term was three years and could be extended an additional two years by mutual agreement of the parties. Staff authorized an administrative extension of the contract earlier this year, through March 1, 2023. FINANCIAL IMPACT: The 2021 budget was approved with a budget for contract services in the amount of $801,000 in anticipation of a conservative volume of building permit activity. As noted, the year to date volume of work has been at record levels and building division services will far exceed this budget. Additionally, the SCL hospital construction is estimated to generate approximately $1,550,000 in building permit and plan review fee revenue during 2021. Based on a 55% contractual share back, CAA will be paid $850,000 of those revenues. For those two reasons, staff is requesting a $1,600,000 budget supplemental in 2021. For background, the CAA contract provides a payment structure based on them receiving a portion of the City’s building permit revenues (exclusive of building use tax). Those revenues include building permit fees, plan review fees and contractor license fees. They are also paid a flat fee for expenses associated with reviewing, approving, and inspecting properties for business licenses. Their fee structure is tiered, such that as building division revenues go up, the percentage of revenues that are paid to CAA goes down. For each monthly billing cycle, the fee structure is as follows: • First $60,000 – 68% of monthly revenues paid to CAA • $60,001 – $100,000 – 60% of monthly revenues paid to CAA • Over $100,001 – 55% of monthly revenues paid to CAA RECOMMENDATIONS: Staff recommends approval of the resolution in order to provide for a supplemental budget appropriation in the amount of $1,600,000 for the purpose of amending the fiscal year 2021 budget to reflect the need for additional building division contractual staff resources, reflective of higher than estimated building division revenues. Council Action Form – Building Division Contract Services – Budget Supplemental July 12, 2021 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 35-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,600,000 for contractual building division services.” Or, “I move to table indefinitely Resolution No. 35-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,600,000 for contractual building division services for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2021 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2021 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,600,000 FOR CONTRACTUAL BUILDING DIVISION SERVICES WHEREAS, since March of 2017, the City contracts with Charles Abbott Associates, Inc. to provide full-service building division services; and WHEREAS, Charles Abbott Associates (CAA) was selected through a competitive bidding process as the top firm to provide said services through RFQ-17-09 in the spring of 2017; and WHEREAS, the City has experienced a significantly higher than estimated volume of building permits and revenues associated with a mix of commercial and residential new construction through June 2021; and WHEREAS, building division associated fees for all of 2021 are estimated to be approximately $2,650,000 higher than the adopted 2021 budget and CAA’s share of said revenues are estimated to be approximately $1,600,000 more than budgeted for 2021; and WHEREAS, pursuant to the terms of the City’s contract with CAA, they are paid a percentage of all building division associated fees, generally averaging 62% of total fees generated; and WHEREAS, the requested funding is available in the General Fund undesignated reserves. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado as follows: Section 1. A transfer of $1,600,000 from General Fund undesignated reserves for on-call building division services to account 01-122-700-704 DONE AND RESOLVED this 12th day of July 2021. William “Bud” Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1