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HomeMy WebLinkAboutCity Council Meeting Agenda 07-26-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 26, 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 26, 2021) 2.Virtually attend and participate in the meeting through a device or phone: •Click here to join and provide public comment •Or call +1-669-900-6833 with Access Code: 847 4774 5223Passcode: 264290 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 July 12, 2021, Special Study Session notes of July 12, 2021, and Study Session notes of July 19, 2021. APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES PUBLIC’S RIGHT TO SPEAK a.First Opportunity for Public input on the 2022 Budget b.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 whendirected by the Mayor. CITY COUNCIL AGENDA: July 26, 2021 Page -2- c. 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. d. 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. 1. CONSENT AGENDA a. Motion to approve installation of traffic calming devices on Yarrow Street between 44th Avenue and 46th Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) b. Motion to approve installation of a traffic calming devices on Ammons Street between 41st Avenue and 44th Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 12-2021, an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections ORDINANCES ON FIRST READING 2. Council Bill No. 13-2021, an ordinance amending Chapter 22 of the Wheat Ridge Code of Laws, concerning taxation, and in connection therewith, approving an agreement with the Colorado Department of Revenue for use of the Department’s Sales and Use Tax Software System DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution No. 36-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $13,797 and to approve the Acknowledgement of Award Conditions with History Colorado’s State Historical Fund for planning and assessment work at the Richards-Hart Estate 4. Resolution No. 37-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14,940 and to approve the Acknowledgement of Award Conditions with History Colorado’s State Historical Fund planning and assessment rehabilitation work at the Pioneer Sod House 5. Resolution No. 38-2021, a resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $30,000 for the purposes of funding a Hazardous Tree Removal Grant Program for private property CITY MANAGER’S MATTERS CITY COUNCIL AGENDA: July 26, 2021 Page -3- 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 July 12, 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 Zachary Urban Rachel Hultin Korey Stites Valerie Nosler Beck Amanda Weaver Leah Dozeman 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; Projects Supervisor, Mark Westberg; other staff, guests and interested citizens. Councilmember Hutchinson excused herself. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of June 28, 2021, and Special Study Session notes of June 28, 2021 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK Jerry DiTullio, Jefferson County Treasurer, attended to report on property tax collections in Jefferson County. As of June 24, 2021, Jefferson County is approximately ten percent lower in property tax collections than in June 2020. As you know, many counties, including Jefferson County, have just adopted the “All Clear” pandemic status on May 16, 2021. Many taxpayers are still struggling to pay their property taxes. Several counties have received substantially less than the average year with many individuals and businesses still City Council Minutes July 12, 2021 page 2 struggling to recover from the effects of COVD-19. In an effort to collect delinquent property taxes and to make special districts and the county whole with regards to collections and distributions, The Treasurer's Office will be waiving delinquent property tax interest (per Senate Bill 21-279) from June 16 through September 15, 2021 to encourage property owners to pay their delinquent property taxes in 2021. There is still a declared emergency in Colorado and not everyone is recovering at the same speed from COVID-19. This one-year-only measure should help taxpayers get caught up in 2021 and avoid a tax lien sale. Please call 303-271-8330 for more information or visit the Jefferson County Treasurer webpage. 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). No comments appeared in Wheat Ridge speaks related to the agenda tonight. CONSENT AGENDA – No items this evening. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7: PM 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. 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. City Council Minutes July 12, 2021 page 3 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. 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. 1716 Staff Presentation Projects Supervisor Mark Westberg spoke to the council on prior actions at council and from the planning commission where the MHFD is a valuable stormwater and floodplain management resource to not just the City but to the entire Denver Metro area. Public Comment No one came forward to speak on this item. Council Questions and comments Councilmember Hoppe asked about details for the appeal procedure in case an application for a flood plain variance is denied. Mr. Westberg gave a detailed answer. Councilmember Nosler Beck asked questions about public vs. private lands near a creek, and again Mr. Westberg gave an explanation. Councilmember Hultin asked about the no camping regulation and Mr. Westberg explained that no one may sleep in a public park overnight, in a tent or a sleeping bag or with any other equipment. Councilmember Weaver asked about signage to warn residents that sleeping in a flood plain is unlawful. Mr. Westberg replied that we have not planned to do that, but we certainly can if Council desires it. He also explained that residents may walk in a flood plain area, as long as they do not sleep there overnight. Councilmember Urban asked whether tents have been a problem in the flood plain. Again, staff provided a detailed answer. Mayor Starker closed the public hearing. Motion by Councilmember Hoppe 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, seconded by Councilmember Stites, motion carried 7-0. City Council Minutes July 12, 2021 page 4 2. Council Bill No. 11-2021 - An Ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project. 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. The Charter requires a super majority vote to pass this ordinance because it addresses the sale of City-owned property. 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. 1717 Staff Presentation Projects Supervisor Mark Westberg gave some background on the item where 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. Public Comment No one came forward to speak on this item. Council Questions and comments Councilmember Hoppe asked how long the demolition will require, hoping that the graffiti and trash on that site will be removed as soon as practicable. Can staff remove the visible distractions with the current budget? Mr. Westberg and Mr. Goff answered that the City will take care of the eyesore. Mayor Starker closed the public hearing. City Council Minutes July 12, 2021 page 5 Motion by Councilmember Hultin to approve Council Bill No. 11-2021 - an ordinance approving the disposal by demolition of city-owned buildings associated with the Improve Wadsworth Project, seconded by Councilmember Urban, motion carried 7-0; a super majority for disposal of City owned property attained. Motion passes. ORDINANCES ON FIRST READING Discussion began at 7:26 pm. 3. Council Bill No. 12-2021 - An Ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections Councilmember Nosler Beck introduced Council Bill 12-2021. Issue This ordinance will revise the City’s election chapter to conform to revisions in state election laws. Motion by Councilmember Nosler Beck to approve Council Bill 12-2021- an ordinance amending Chapter 7 of the Wheat Ridge Code of Laws concerning elections, on first reading for the sole purpose of ordering it published for a public hearing set for July 26, 2021 at 7 p.m. in City Council Chambers, 7500 W. 29th Avenue, and that it take effect upon adoption; seconded by Councilmember Hoppe; motion carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:26 PM 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 Councilmember Weaver introduced the Resolution. 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. City Council Minutes July 12, 2021 page 6 Staff Presentation Community Development Director Kenneth Johnstone gave a summary of the work that Charles Abbott Associates do for the city and the services they provide for the building division. He also explained the reason for coming back to Council to request additional funding. 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 Weaver 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 services, seconded by Councilmember Hultin, motion carried 7-0. Councilmember Hultin congratulated staff on their excellent work. CITY MANAGER’S MATTERS In March 2020 Council passed an emergency declaration, which has not expired with the end of the Governor’s declared end. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Weaver announced a program this Wednesday morning at 8:30 about urban agriculture; details on the website rootedinfun.com Councilmember Nosler Beck noted that when she posted a staff produced video about the swimming pools we operate on social media, the response from the public was very positive. Councilmember Stites asked us to take care of your neighbors, especially the elderly. He also reminded us that when shopping, in is father, Mike Stites’s words, if you can find it in Wheat Ridge, buy it in Wheat Ridge. Councilmember Hultin remarked that residents are praising staff efforts to keep our parks and recreation facilities open, especially the pools. Councilmember Hoppe asked the public to donate to the local food bank in District 1. City Clerk Kirkpatrick announced that anyone who is considering running for office in the November 2, 2021 election may want to attend a Candidate Orientation session in Chambers at noon on Thursday, July 29th. The session with be hybrid virtual and in City Council Minutes July 12, 2021 page 7 person, and a recording of the session will be available, like Council meetings, on our You Tube channel. The session is not required for candidates, is free and open to the public. Mayor Starker thanked the citizens who attended his last Coffee with the Mayor and announced that the next one will occur this Saturday. ADJOURNMENT TO SPECIAL STUDY SESSION The meeting adjourned at 7:40 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON July 26, 2021 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue July 12, 2021 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 7:47 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: Zach Urban, Janeece Hoppe, Korey Stites, Valerie Nosler Beck, Amanda Weaver, Leah Dozeman, and Rachel Hultin. Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; City Treasurer Chris Miller; Director of Parks and Recreation, Karen O’Donnell; guests and interested citizens. Councilmember Hutchinson excused herself. 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. City Tree Program City Manager Patrick Goff presented the suggestions for a City Tree Program to start in the spring of 2022: 1. Create a grant program to help mitigate the cost of removing dead trees on private property. Limit the grant to 25 percent of the cost to remove the tree up to a maximum of $1,000. First year funding capped at $25,000 which would benefit up to 25 private properties annually. 2. Implement a tree sale program for Wheat Ridge residents at low or no cost to participants to encourage tree planting. Create a list of trees appropriate for Wheat Ridge and allow participants to choose from that list. 3. Work with a tree specialist to teach courses for Wheat Ridge residents in proper tree planting and care. The Parks, Forestry and Open Space Division is working on a resident tree sale program for 2022. Residents will have the opportunity to place an order for trees with the City, which will result in a significant cost savings to the resident, as they will pay the amount that the City pays per tree during the annual bulk tree purchase. Essentially, a tree that would typically cost $350-$400 will likely cost around $150-$200. The program will have certain parameters, and will be offered on a first come, first served basis, as the City has finite storage for trees at this time. Orders will be placed in the fall and fulfilled in the spring. Other details are currently being ironed out, and staff will likely create and publish a resident survey on What’s Up Wheat Ridge for feedback to fine tune the program. Councilmembers had questions and comments: Councilmembers discussed the details of the proposed tree programs, plural. Several members commented on this support for both removing dead trees and planting new trees on private property. Councilmember Weaver explained the steps involved in designating a tree for removal and obtaining a grant from the City to defray that cost as well as planting a tree. She explained that residents must remove dead trees if they pose a risk to others, so it is proper for the City to help with this program. Ms. O’Donnell spoke about the highlights of the program and the preparatory socializing to support the proposed tree program. Mr. Zach Lovato of her staff described plans to acquire trees at a volume discount and resell trees to residents under this program, at cost. Councilmember Hoppe asked about a property owner’s rights to trim limbs from a tree sitting on contiguous neighboring property with limbs overhanging the neighbor’s property. Mr. Lovato gave a detailed answer. Councilmembers Hultin and Weaver expressed support for including funding in the current FY budget as well as additional funding in the 2022 budget. They believe that beginning these programs in the late summer and fall this year would make a difference vs. waiting another 8-10 months. Councilmembers asked whether the staff recommends including partial removal of dying trees to the extent that the represent a risk to public health, safety or private property. Staff opined that including such trees in the program make sense. Councilmember Weaver proposed two consensuses: Consensus 1: Devote $30,000 in this budget year (2021) to create a rebate program that will assist the taking down of trees on private property identified to be dead by a Parks and Rec Tree expert. Priority will be given to trees threatening property and or in street viewsheds. The rebate would be up to $1500 per property ( per year) and only for the cutting and disposal of dead trees ( no stump grinding.) The city would administer the rebate program and Parks and Rec would offer the tree identification. Recipients of the grant would be encouraged to replace trees through the tree sale and replacement program offered through Parks and Rec. Consensus achieved. Consensus 2: Devote more money in 2022 to expand the program (staff is researching a number) to include the following priorities of protecting and maintaining our mature tree canopy: 1) Pruning to maintain lifespan and safety 2) Disease prevention and control 3) Replacement of dead trees Consensus achieved. Staff Report(s) Nothing further at this time, since staff made reports already in tonight’s Regular Council Meeting. Elected Officials’ Report(s) Nothing further, as this session immediately followed a Regular Council Meeting. ADJOURNMENT The Special Study Session adjourned at 8:37 pm. APPROVED BY CITY COUNCIL ON July 26, 2021. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Janeece Hoppe, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting July 19, 2021 Mayor Bud Starker called the Study Session to order at 6:31 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. All eight members of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the new virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Amanda Weaver, Judy Hutchinson, Korey Stites, Leah Dozeman, Valerie Nosler Beck, and Rachel Hultin. Councilmembers Zach Urban and Janeece Hoppe excused themselves. Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; Assistant to the City Marianne Schilling, Kayla Betzold, Sustainability Coordinator; Jacob Smith, Executive Director, Colorado Communities for Climate Action; interested citizens and guests. Citizen’s Right to Speak Rob Robinson, 4 Hillside Drive – Came to discuss a bill introduced by 77 Members of Congress, on carbon emissions. He urged Council to issue a proclamation in support of a similar bill last year. That bill was revised and reintroduced as HR 2307, a marketplace action to deal with greenhouse gasses. We in Wheat Ridge are vulnerable to global warming; Jefferson County has been assessed as one of the most vulnerable communities in nation. About 70% of Wheat Ridge residents said in the last public survey that environmental issues are among the top facing the City, county, state and nation. Mr. Robinson urged Council to pass a resolution in support of HR 2307. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comments appeared in Wheat Ridge Speaks for this meeting. Hi, my name is Amanda Opp, 46 Hillside Dr in Wheat Ridge. I want to encourage the city of Wheat Ridge to support HR 2307. Any steps - no matter how small - that we can make in reducing carbon output add up. Carbon dividends have been adopted bipartisainly as a way to stimulate the economy while encouraging carbon reduction. For the future of my generation, please make this small but extremely important step. Thank you. July 16, 2021, 1:16 PM Amanda Opp 46 Hillside Dr Wheat Ridge, 80215 1. Outside Agency Committee recommendations Discussion began at 6:36 pm, approximately :05 minutes into the session. City Council created the Outside Agency Program Review Committee in June 2016 to review outside agency applications and present recommendations to City Council on the funding amounts each organization should receive. The purpose of creating this committee was to provide an additional opportunity for residents to participate in the budget process, and to give the committee members the opportunity to weigh community needs against available resources and provide recommendations to City Council. Staff reports Assistant to the City Manager Marianne Schilling introduced Jerry DiTullio and Lisa Rucker, who spoke about the recommendations that came forward when the committee reviewed applications and listened to presentations from 25 different community organizations, totaling $157,150 in requests. This is an overall reduction in funding requests of $13,850 compared to what the committee recommended last year (in 2020 for consideration in the current, 2021 budget. The total number of applicants is the same as last year; however, three new applications were received for the 2022 Outside Agency Program and three agencies from last year did not apply for funding. The three new applicants are Robbie’s Hope Foundation, Wheat Ridge Kiwanis and Friends of Stevens. Councilmembers had questions and comments: Councilmembers thanked the Committee for its hard work. Councilmembers asked detailed questions about the Committee’s recommendations, about how the City publicizes its support for local non-profits, how new groups get added to the list of those the City supports and similar matters. The Council and Committee members discussed the level of funding for these programs in both the 2022 and 2023 budgets. Councilmember Stites proposed a consensus for staff to review and bring to Council a funding level of $160,000 for the 2023 budget cycle. Consensus attained. 2. Colorado Communities for Climate Action membership Discussion began at 6:51 pm, approximately :20 minutes into the session. Issue Colorado Communities for Climate Action (CC4CA) is a coalition of counties and municipalities advocating for strong state and federal climate policy. Jacob Smith, CC4CA executive director, will be presenting the membership benefits and current policy priorities to City Council. There are 38 local government members in the coalition including Edgewater, Golden and Westminster. Staff reports Sustainability Coordinator Kayla Betzold presented the prior actions of council to describe the proposed strategies from Sustainable Wheat Ridge to City Council. Proposed strategy 4 was “Support environmental sustainability policy on a regional, state and federal level”. CC4CA was outlined as a policy advocacy group that could facilitate the adoption of the proposed strategy. Ms. Betzold introduced Jacob Smith, Executive Director of CC4CA, who gave a detailed presentation about his organization and why Wheat Ridge participation will be important to the organization and our residents. Joining the CC4CA would have a financial impact of $5,000 in annual fees. CC4CA focuses on legislative, regulatory, and administrative action on a state and federal level through the support of their coalition of Colorado municipalities. The benefits of the coalition include collaboration, cost-effectiveness, and local support. Through CC4CA, local governments can influence state and federal actions more than individual municipalities can alone. CC4CA provides the framework for strong collaboration between state and local governments, which results in maximum return on local efforts. Through the coalition, members can pool resources to secure professional representation to ensure impactful presence at the state and federal level. The coalition also offers networking opportunities for members and produces analyses and materials in support of coalition and member priorities and actions. Councilmembers had questions and comments: Councilmembers thanked Mr. Smith for his time and presentation. Councilmembers asked about how much focus the CC4CA puts on local policy. Mr. Smith replied in detail; the organization focuses more on statewide issues. It avoids taking a position on issues when two or more counties or municipalities have differing views or policies on an issue. Councilmembers asked how CC4CA reaches policy statements; Mr. Smith responded that all members must reach a consensus to make new policy or to change an existing policy. Council also discussed the CC4CA’s 2021 policy statements and asked how we can review those. They also asked how the policy statement gets written and reviewed. Mr. Smith gave a detailed answer to both questions. Councilmember Hultin proposed a consensus for staff to review and bring to Council an action that will approve Wheat Ridge joining CC4CA. Consensus attained. 3. H.R.763 – Energy Innovation and Carbon Dividend Act of 2019 Discussion began at 7:36 pm, approximately 1:05 hours into the session. Issue H.R. 2307, the Energy Innovation and Carbon Dividend Act of 2021, is a bill intended to encourage market-driven innovation of clean energy technologies through a carbon fee on producers and importers. The bill would also distribute the net proceeds to eligible U.S. residents on a per-capita basis as a monthly carbon dividend, resulting in a revenue neutral system and is projected to create 2.1 million new jobs. Staff reports Assistant to the City Manager Marianne Schilling and Sustainability Coordinator Kayla Betzold gave background presentations and spoke that during the August 10, 2020 City Council meeting a group of five Wheat Ridge residents, led by a Sustainable Wheat Ridge committee member, spoke during public comment regarding H.R. 2307 (then H.R. 763) and asked City Council to consider passing a resolution in support of the bill. City Council provided direction for staff to return to a future study session with a draft resolution. To present the most recent version of the bill, it was determined that staff would return to City Council with a draft resolution after the bill was reintroduced into the new congress in 2021. Councilmembers had questions and comments: Councilmembers thanked Ms. Betzold for an excellent presentation. Councilmembers asked about whether we would be wise to ask the Race and Equity Task Force to look at HR 2307so that we understand the impact it will have on all families. Will it disadvantage certain groups or households vs. others? They also asked for an analysis of how this bill would impact Wheat Ridge families in specific. For instance, we are already paying outrageous gas prices. Ms. Betzold gave a detailed answer. Councilmember Stites proposed a consensus that staff ask the Race and Equity Task Force to review this proposed action by Congress and provide their analysis of how it would impact Wheat Ridge families, and asked staff to bring their outputs to a future Study Session. Consensus attained. 4. Staff Report(s) Mr. Goff announced that the City now has its first fully electric vehicle in service. He toured the new residential care center in Wheat Ridge and was favorably impressed. The organization will be asking the County and municipalities to continue supporting the center. Our contribution would be about $18,000. 5. Elected Officials’ Report Councilmember Nosler Beck asked whether we could offer incentives, such as a parks and recreation pass, to those who serve on our boards and commissions. She believes an incentive would help with recruitment and retention. Mr. Goff responded that discussions with Karen O’Donnell, Director of Parks and Recreation are already underway. He believes that the City can offer an incentive like a rec pass well within the current budget. Councilmember Nosler Beck also wished her daughter, CoCo happy fifth birthday. Councilmember Hultin commented that the numbers of dogs roaming off leash is becoming a more serious problem and encouraged staff to address it. She also commented that too many vehicles are parking in the bicycle lanes near Clear Creek Crossing. Councilmember Hutchinson seconded the concern about too many dogs off leash. She also expressed concern about enforcement of fireworks laws and regulations. The Mayor thanked the staff and our guest presenters tonight. ADJOURNMENT The Study Session adjourned at 8:03 p.m. APPROVED BY CITY COUNCIL ON July 26, 2021 Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: FIRST OPPORTUNITY FOR PUBLIC INPUT ON THE 2022 BUDGET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: Development of the 2022 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2022 proposed budget. This public input opportunity is the first of two; the second opportunity for public input will be during the regular City Council meeting on Monday, August 23, 2021. Members of the public are also able to provide input via the City’s community engagement platform at www.WhatsUpWheatRidge.com PRIOR ACTION: No prior action was necessary on this item. FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers’ Association (GFOA). Staff includes a summary of all feedback received from these ITEM NO. A First Public Input Opportunity on the 2022 Budget July 26, 2021 Page 2 public input meetings and online contributions in the presentation of the proposed budget to City Council. The 2022 Budget is scheduled to be presented to the Mayor and City Council on Monday, September 20, 2021. Following review and direction from City Council, the public hearing and adoption of the proposed 2022 Budget is scheduled for Monday, October 11, 2021. The proposed budget will be available online on the City website prior to the September 20 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2022 Budget at the September 20 and October 11 meetings in addition to the two scheduled public input opportunities. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ITEM NO: 1a DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE INSTALLATION OF TRAFFIC CALMING DEVICES ON YARROW STREET BETWEEN 44TH AVENUE AND 46TH AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Residents on Yarrow Street petitioned the City to address traffic issues for the street segment from 44th Avenue to 46th Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of signatures, supporting the installation of speed humps in accordance with the NTMP policy and are hereby seeking approval for implementation. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the 2021 Capital Improvement Program Budget. The proposed street modifications can be installed at an estimated cost of $12,000. BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by reducing the negative impact of vehicular traffic and speeding on residential streets. The policy Council Action Form – Yarrow Street NTMP Plan Approval July 26, 2021 Page 2 intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. On May 13, 2019, Yarrow Street residents filed a request for NTMP consideration to discuss traffic issues on Yarrow Street from 44th Avenue to 46th Avenue. A meeting was conducted with the residents to examine the extent of the problems and to explore available solutions. A traffic study was conducted to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, drainage and roadway geometry, and staff determined that the street segment is suitable for a traffic calming treatment. Subsequent to the evaluation and findings, the residents elected to move forward with a permanent traffic calming solution, specifically speed hump installations. Staff identified two locations for treatment for the requested segment between 44th Avenue and 46th Avenue with the intent to curb excessive speeding. This segment of Yarrow Street is not part of an emergency route and is therefore eligible for traffic calming features in the roadway. In accordance with the NTMP, speed humps can be ordered for installation by the City Council if at least 80% of residents in a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for two speed humps as referenced above. RECOMMENDATIONS: Residents on Yarrow Street, in the petition segment between 44th Avenue and 46th Avenue, have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with installation of speed humps on Yarrow Street as specifically requested by the residents. RECOMMENDED MOTION: “I move to approve installation of traffic calming devices on Yarrow Street between 44th Avenue and 46th Avenue in accordance with the Neighborhood Traffic Management Program.” Or, “I move to deny approval of an installation of traffic calming devices on Yarrow Street between 44th Avenue and 46th Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) for the following reason(s) ________________________________” Council Action Form – Yarrow Street NTMP Plan Approval July 26, 2021 Page 3 REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map 1 4 5 1 ' 4 4 8 ' 6 5 6 ' 347'18.7'19.3' 2 3 . 2 ' 2 4 . 5 ' 2 0 . 8 ' 2 0 . 1 ' A T T A C H M E N T 1 ITEM NO: 1b DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE INSTALLATION OF TRAFFIC CALMING DEVICES ON AMMONS STREET BETWEEN 41ST AVENUE AND 44TH AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Residents on Ammons Street petitioned the City to address traffic issues for the street segment from 41st Avenue to 44th Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of signatures, supporting the installation of speed humps in accordance with NTMP policy, and are hereby seeking approval for implementation. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the 2021 Capital Improvement Program Budget. The proposed street modifications can be installed at an estimated cost of $12,000. BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by reducing the negative impact of vehicular traffic and speeding on residential streets. The policy Council Action Form – Ammons Street NTMP Plan Approval July 26, 2021 Page 2 intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. Soon after the City Council approved the NTMP as discussed above, Ammons Street residents requested the City to investigate and discuss traffic issues on the street segment of 41st Avenue to 44th Avenue. A meeting was conducted with the residents on January 28, 2015 to examine the extent of the problems and to explore available remediation. A traffic study was conducted to analyze traffic speed, volume and vehicle classification. In addition, the engineering evaluation also looked at sight distance, drainage and roadway geometry, and staff determined that the street segment was suitable for a traffic calming treatment. At the conclusion of the January 28, 2015 meeting, there was not a strong interest from those present to pursue speed humps or other physical street calming devices. However, residents between 41st Avenue and 44th Avenue did express a strong interest in investigating other measures that would provide an increased awareness to motorists. Since then, additional speed signs have been installed and the Police Department’s school liaison has communicated and worked with Wilmore-Davis school to make parents and others more aware when driving through neighborhoods. The City’s speed trailer was also installed on Ammons Street as an educational and awareness piece and can continue to be placed on a rotating schedule as available. The Police Department will also continue to provide monitoring and enforcement as resources allow. More recently, residents on this street segment elected to move forward with a permanent traffic calming solution, specifically speed hump installations. Staff identified two locations for treatment for the requested segment between 41st Avenue and 44th Avenue with the intent to curb excessive speeding. This street segment of Ammons Street is not a part of an emergency route and is therefore eligible for a traffic calming feature in the roadway. In accordance with the NTMP, speed humps can be ordered for installation by the City Council if at least 80% of residents adjacent to a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for two speed humps as referenced above. RECOMMENDATIONS: Residents on Ammons Street in the street segment of 41st Avenue to 44th Avenue have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with installation of speed humps on Ammons Street as specifically requested by the residents. Council Action Form – Ammons Street NTMP Plan Approval July 26, 2021 Page 3 RECOMMENDED MOTION: “I move to approve installation of traffic calming devices on Ammons Street between 41st Avenue and 44th Avenue in accordance with the Neighborhood Traffic Management Program.” Or, “I move to deny approval of an installation of traffic calming devices on Ammons Street between 41st Avenue and 44th Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) for the following reason(s) ________________________________” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map Ammons Street – Proposed Speed Hump Plan  ATTACHMENT 1 ITEM NO: 1 DATE: July 26, 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 daysbefore 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 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 Nosler Beck 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 ElectionCode," (b)C.R.S. 1-1-102 et seq., also known as the "Uniform Election Code," THOSEPORTIONS 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 7 to 0 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: July 15, 2021 Second Publication: July 29, 2021 Jeffco Transcript: Effective Date: July 26, 2021 ITEM NO: 2 DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2021 – AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING TAXATION, AND IN CONNECTION THEREWITH, APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF REVENUE FOR USE OF THE DEPARTMENT’S SALES AND USE TAX SOFTWARE SYSTEM PUBLIC HEARING ORDINANCES FOR 1ST READING (07/26/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/09/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: The Colorado Department of Revenue (DOR) recently developed and launched a software application, “SUTS” (Sales and Use Tax Software), to facilitate the collection of state and local taxes and to capture previously unreported or under-reported state and local taxes. In order to join the majority of Colorado home rule municipalities and adopt SUTS as a platform, some amendments to chapter 22 of the City’s Code are required along with the approval of a user agreement with the State of Colorado. PRIOR ACTION: At the strategic planning retreat on February 20, 2021, City Council identified customer service, education and process improvement of the City’s licensing and permitting processes as a priority for the next two years. Council Action Form – Chapter 22 Code and SUTS Agreement July 26, 2021 Page 2 At the study session on May 10, 2021, staff presented Council with a work plan to accomplish the strategic priority. Council provided consensus to move forward with all activities, including updating chapter 22 and joining SUTS. FINANCIAL IMPACT: Costs for joining SUTS include a $1-per-day charge from DOR when a transaction is processed and a possible software integration built by ADG, the City’s financial systems provider, estimated at less than $1,000. The workload associated with the implementation will be absorbed by existing staff. Staff expects the adoption of SUTS to result in incremental revenue at a minimal cost. While it is expected that the City will benefit from additional tax revenues, it is difficult to estimate the value of incremental tax revenue derived from new businesses opting to use the SUTS system. BACKGROUND: The Sales and Use Tax Simplification Task Force was originally created in 2017 to find ways to make it easier for businesses to navigate a highly complex system of filing and paying sales and use tax. Simplicity became imperative after the 2018 Supreme Court’s ruling in South Dakota v. Wayfair that allowed states to require sellers to collect and remit sales tax based on the establishment of an “economic nexus,” doing away with the previous “physical presence” test. In 2019, the Task Force advocated for legislation and the Colorado General Assembly passed SB19-006 which required that the DOR and the Governor's Office of Information Technology collaborate to deliver a SUTS system that could be a single web portal where businesses could both look up sales and use tax information and file and remit to all jurisdictions at once. The SUTS system went live in May 2020. To date, 52 of the 71 self-collecting home rule municipalities have joined the SUTS system, including the neighboring cities of Golden, Lakewood and Arvada. Using proprietary technology, SUTS is a one-stop shop for taxpayers to remit sales and use taxes, which are held in trust on behalf of the City by DOR, through a single portal managed by DOR. The SUTS system permits the acceptance of returns and the processing of payments for the sales and use tax levied by the state and any local taxing jurisdictions in accordance with the objectives of SB19-006. Deposited remittances are transferred to the City as soon as the funds have settled with the SUTS bank; generally within three days. Benefits of participating in the SUTS system include the following: • Single point of remittance and a uniform remittance form for users • Facilitate the capture of unreported or under-reported tax revenues, e.g. Wayfair rule of economic nexus • Increase in licensed businesses as non-resident sellers use the portal • Taxability and exemption matrix for users that enhances tax determination accuracy • Tax returns and payments technically reviewed by the SUTS system • Collected tax payments remitted to City of Wheat Ridge within 3 days • SUTS system is comparable to current City Sales Tax Online (“STOL”) technology developed by ADG. Council Action Form – Chapter 22 Code and SUTS Agreement July 26, 2021 Page 3 • SUTS will provide support for the taxpayer and City of Wheat Ridge • SUTS charges the City $1 per day and the taxpayer absorbs transaction costs such as credit card fees. The following steps remain in order for the City to join SUTS: 1. Amend the Code – To align the objectives of SUTS and the state tax code with a municipality’s tax code, municipal finance directors and representatives of the Colorado Municipal League developed model ordinance language. The City Attorney has reviewed the model ordinance language and recommends amending Chapter 22 of the Wheat Ridge Code of Laws. The amendments accomplish the following: a. Aligns the definition of “engaged in business in the City” with the state’s model code, in response to the “Wayfair” decision, by including revenue through online sales and marketplace facilitators. This also includes an update to “tangible personal property” as contemplated in the recent passage of HB 21-1312, which enables taxation on digital goods such as streaming services. b. Defines “marketplace facilitators” and aligns the definition of “economic nexus” to account for marketplace facilitators and destination-based revenues versus source-based revenues. eBay, Amazon and Etsy are examples of marketplace facilitators. c. Allows for the taxation of goods through marketplace facilitators. 2. Approve the Agreement – The City Attorney has reviewed the SUTS System Agreement. The City would be required to sign the agreement in order to participate in SUTS. RECOMMENDATIONS: Staff recommends approval of Council Bill 13-2021 and the SUTS System Agreement in order for the City to participate in SUTS and to realize a council priority for process improvement. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2021, an ordinance amending Chapter 22 of the Wheat Ridge Code of Laws, concerning taxation, and in connection therewith, approving an agreement with the Colorado Department of Revenue for use of the Department’s Sales and Use Tax Software System, on first reading, order it published, public hearing set for Monday, August 9, 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 fifteen days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 13-2021, an ordinance amending Chapter 22 of the Wheat Ridge Code of Laws, concerning taxation, and in connection therewith, approving an agreement with the Colorado Department of Revenue for use of the Department’s Sales and Use Tax Software System, for the following reason(s)________________________________.” Council Action Form – Chapter 22 Code and SUTS Agreement July 26, 2021 Page 4 REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Mark Colvin, Finance Manager Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2021 a. Exhibit A - SUTS System Agreement. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. _______ ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE AMENDING CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING TAXATION, AND IN CONNECTION THEREWITH, APPROVING AN AGREEMENT WITH THE COLORADO DEPARTMENT OF REVENUE FOR USE OF THE DEPARTMENT’S SALES AND USE TAX SOFTWARE SYSTEM WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-101 et seq, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales taxes is clearly within the constitutional grant of power to the City and is necessary to raise revenue with which to conduct the affairs and render the services performed by the City; and WHEREAS, pursuant to such authority, the City has adopted and enacted a sales and use tax code under which City sales tax is levied on all sales and purchases of tangible personal property or taxable services at retail unless prohibited, as applicable to the provision of this Ordinance, under the Constitution or laws of the United States; and WHEREAS, the United States Supreme Court in South Dakota v. Wayfair, 138 S.Ct. 2080 (2018), overturned prior precedent and held that a State is not prohibited by the Commerce Clause from requiring a retailer to collect sales tax based solely on the fact that such retailer does not have a physical presence in the State (“remote sales”); and WHEREAS, based upon such decision, the retailer’s obligation to collect remote sales is no longer based on the retailer’s physical presence in the jurisdiction by the Constitution or law of the United States, and the City’s sales and use tax code needs to be amended to clearly reflect such obligation consistent with said decision; and WHEREAS, the delivery of tangible personal property, products, or services into the City relies on and burdens local transportation systems, emergency and police services, and other infrastructure and services; and WHEREAS, the failure to tax remote sales creates incentives for businesses to avoid a physical presence in the State and its respective communities, resulting in fewer ATTACHMENT 1 13 jobs and increasing the share of taxes to those consumers who buy from competitors with a physical presence in the State and its municipalities; and WHEREAS, it is appropriate for the City to adopt uniform definitions within its sales tax codes to encompass marketplace facilitators, marketplace sellers, and multichannel sellers that do not have a physical presence in the City, but that still have a taxable connection with the City; and WHEREAS, the goal of adopting this ordinance is to join in the simplification efforts of all the self-collecting home rule municipalities in Colorado; and WHEREAS, this ordinance provides a safe harbor to those who transact limited sales within the City; and WHEREAS, absent such amendment, the continued failure of retailers to voluntarily apply and remit sales tax owed on remote sales exposes the City to unremitted taxes and permits an inequitable exception that prevents market participants from competing on an even playing field; and WHEREAS, the Council adopts this ordinance with the intent to address tax administration, and, in connection therewith, establish economic nexus for retailers or vendors without physical presence in the State and require the retailer or vendor to collect and remit sales tax for all sales made within the marketplace; and WHEREAS, the Council finds it necessary to update definitions in Chapter 22 to recognize the evolving nature of tangible personal property; and WHEREAS, in order to improve the collection of sales and use taxes on remote sales, the Council finds it appropriate to enter into an agreement with the Colorado Department of Revenue to permit access by the City to the Department’s Sales and Use Tax Software (“SUTS”) system. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-21 of the Wheat Ridge Code of Laws (the “Code”) (Definitions and usage) is amended by the amendment of the following definitions: Engaged in business in the city is amended by the revision of subsection (5) and the addition of a new subsection (6) to read: “(5) Makes more than one (1) delivery into the taxing jurisdiction within a twelve-month period by any means other than a common carrier.” “(6) Makes retail sales sufficient to meet the definitional requirements of Economic Nexus as defined in this section.” Retailer is defined to include “or vendor” and is further amended by the addition of a new subsection (5) to read: “(5) Marketplace facilitator, marketplace seller, or multichannel seller.” Tangible personal property is amended to read: “Personal property that can be one (1) or more of the following: seen, weighed, measured, felt, touched, stored, transported, exchanged, or that is any other manner perceptible to the senses. “TANGIBLE PERSONAL PROPERTY” INCLUDES DIGITAL GOODS, IRRESPECTIVE OF THE METOHOD OF DELIVERY UNDER CURRENT TECHNOLOGY, IHNCLUDING WITHOUT LIMITATION COMPACT DISC, ELECTRONIC DOWNLOAD OR INTERNET STREAMING. AS USED IN THIS SECTION, “DIGITAL GOODS” MEANS ANY ITEM OF TANGIBLE PERSONAL PROPERTY THAT IS DELIVERED OR STORED BY DIGITAL MEANS, INCLUDING WITHOUT LIMITATION VIDEO, MUSIC OR ELECTRONIC BOOKS.” Section 2. Section 22-21 of the Code (Definitions and usage) is further amended by the adoption of the following definitions, in their appropriate alphabetical order: Economic Nexus: the connection between the City and a person not having a physical nexus in the State of Colorado, which connection is established when the person or marketplace facilitator makes retail sales into the City, and: (1)In the previous calendar year, the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended; or (2)In the current calendar year, 90 days has passed following the month in which the person, which includes a marketplace facilitator, has made retail sales into the state exceeding the amount specified in C.R.S. § 39-26-102(3)(c), as amended. (3)This definition does not apply to any person who is doing business in this state but otherwise applies to any other person. Marketplace: a physical or electronic forum, including, but not limited to a store, a booth, an internet website, a catalog, or a dedicated sales software application, where tangible personal property, taxable products, or taxable services are offered for sale. Marketplace Facilitator: a person who (1)Contracts with a marketplace seller or multichannel seller to facilitate for consideration, regardless of whether or not the consideration is deducted as fees from the transaction, the sale of the marketplace seller’s tangible personal property, products, or services through the person’s marketplace; (2)Engages directly or indirectly, through one or more affiliated persons, in transmitting or otherwise communicating the offer or acceptance between a purchaser and the marketplace seller or multichannel seller; and (3)Either directly or indirectly, through agreements or arrangements with third parties, collects payment from the purchaser on behalf of the seller. (4)Marketplace Facilitator does not include a person that exclusively provides internet advertising services or lists products for sale, and that does not otherwise meet this definition. Marketplace Seller: a person, regardless of whether or not the person is engaged in business in the city, which has an agreement with a marketplace facilitator and offers for sale tangible personal property, products, or services through a marketplace owned, operated, or controlled by a marketplace facilitator. Multichannel Seller: a retailer that offers for sale tangible personal property, commodities, or services through a marketplace owned, operated, or controlled by a marketplace facilitator, and through other means. Section 3. Section 22 of the Code is hereby amended by the addition of the following new Section 22-51: Marketplace Sales: (1) A marketplace facilitator engaged in business in the city is required to collect and remit sales tax on all taxable sales made by the marketplace facilitator or facilitated by it for marketplace sellers or multichannel sellers to customers in the city, whether or not the marketplace seller for whom sales are facilitated would have been required to collect sales tax had the sale not been facilitated by the marketplace facilitator. (2) A marketplace facilitator shall assume all the duties, responsibilities, and liabilities of a retailer or vendor under Section 22-39. Marketplace facilitators shall be liable for the taxes collected from marketplace sellers or multichannel sellers. The city may recover any unpaid taxes, penalties, and interest from the marketplace facilitator that is responsible for collecting on behalf of marketplace sellers or multichannel sellers. (3)The liabilities, obligations, and rights set forth under this article are in addition to any duties and responsibilities the marketplace facilitator has under this article if it also offers for sale tangible personal property, products, or services through other means. (4)A marketplace seller, with respect to sales of tangible personal property, products, or services made in or through a marketplace facilitator’s marketplace, does not have the liabilities, obligations, or rights of a retailer under this article if the marketplace seller can show that such sale was facilitated by a marketplace facilitator: a.With whom the marketplace seller has a contract that explicitly provides that the marketplace facilitator will collect and remit sales tax on all sales subject to tax under this article; or b.From whom the marketplace seller requested and received in good faith a certification that the marketplace facilitator is registered to collect sales tax and will collect sales tax on all sales subject to tax under this article made in or through the marketplace facilitator’s marketplace. (5)If a marketplace seller makes a sale that is not facilitated by a licensed marketplace facilitator in a marketplace, the marketplace seller is subject to all of the same licensing, collection, remittance, filing and recordkeeping requirements as any other retailer. (6)Auditing. With respect to any sale, the city shall solely audit the marketplace facilitator for sales made by marketplace sellers or multichannel sellers but facilitated by the marketplace. The city will not audit or otherwise assess tax against marketplace sellers or multichannel sellers for sales facilitated by a marketplace facilitator. Section 4. No obligation to collect the sales and use tax required by this Chapter may be applied retroactively. Responsibilities, duties, and liabilities described in section 22-51 of a marketplace facilitator, marketplace seller, or multichannel seller begin upon the earlier of when they became licensed to collect the city’s sales tax or when they became legally obligated to collect the city’s sales tax under Section 22-51. Section 5. Section 22-100(a) is amended to read: (a)Tax imposed; conditions. There is hereby imposed an excise tax on the price paid or charged for the lease, rental or on the transaction of furnishing rooms or accommodations to any person who for a consideration uses, possesses or has the right to use or possess any room or rooms or other accommodations in any hotel, apartment hotel, guesthouse, guest ranch, mobile home, auto camp, trailer, court or park, or any other place furnishing rooms or other accommodations under any concession, permit, right of access, license to use or other special agreement. THIS TAX SHALL BE COLLECTED BY ALL RETAILERS, VENDORS, MARKETPLACE FACILITATORS, MARKETPLACE SELLERS AND MULTICHANNEL SELLERS. Such tax on accommodations shall be subject to the following conditions: Section 6. Agreement approved. The Agreement Regarding Department of Revenue Sales and Use Tax Software (“SUTS System”) between the City and the Colorado Department of Revenue, attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. Section 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 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 ____________________, 2021 at 7:00 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: Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us Exhibit A SUTS System Agreement [attached] ATTACHMENT 1a AGREEMENT REGARDING DEPARTMENT OF REVENUE SALES AND USE TAX SOFTWARE (“SUTS SYSTEM”) This agreement regarding the SUTS System (“Agreement”) is entered between the Colorado Department of Revenue (“CDOR”) and the undersigned home rule local taxing jurisdiction (“Jurisdiction,”collectively,“the Parties”) for the purposes of permitting access to the SUTS System and its related tax information look up tool as described in this Agreement. The SUTS System permits the acceptance of returns and processing of payments for the sales and use tax levied by the state and any local taxing jurisdictions in accord with the objectives of SB19-006. To further those objectives here, the Parties agree to the following: AGREEMENT CDOR grants Jurisdiction access to the SUTS System for Jurisdiction’s use in the collection and payment of Sales and Use tax under the terms set forth in this Agreement. A. Purpose of Agreement Pursuant to Senate Bill 19-006, CDOR has contracted with vendors, including at this time, MUNIRevs, Inc. and Transaction Tax Resources, Inc., Fast Enterprises, LLC, and others, which may change from time to time (collectively, “Vendors”) to provide a sales and use tax simplification system that allows taxpayers to look up and remit sales and use taxes through a single portal managed by Vendors and held in trust for the benefit of the Jurisdiction. B. Definitions 1) “Confidential Information” means any information derived from the SUTS System, including but not limited to taxpayer information, return information, and “personally identifiable information,” as defined in section 24-73-101(4) (b), C.R.S. 2) A "Security Incident," has the meaning set forth in section 24-37.5-402(10), C.R.S., which is “an accidental or deliberate event that results in or constitutes an imminent threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of communication and information resources.” Security incidents include but are not limited to: a) detection of a virus, worm, malware, etc; EXHIBIT A b) unauthorized use of an information resource; c) unauthorized modification of an information resource; d) theft or diversion of an information resource; e) theft or diversion of property using an information resource, and f) vandalism or other damage to an information resource.” 3) “Taxpayer” means any individual or business required to remit sales or use taxes to a taxing jurisdiction. 4) “Sales and Use Tax” means sales and use tax collected by Taxpayers and remitted to a jurisdiction by Taxpayers. Sales and Use Tax does not include excise taxes or other taxes or fees that a jurisdiction requires taxpayers to pay. C. Confidentiality. 1) CDOR agrees to continually maintain a secure place in which Confidential Information will be stored, regardless of whether Confidential Information is in physical or electronic form and will restrict access to Confidential Information to persons whose duties and responsibilities require such access. All third-party contractors who need such access for purposes consistent with this Agreement shall sign confidentiality agreements with CDOR or Jurisdiction no less restrictive than the confidentiality terms of this Agreement. 2) Except as may be ordered by a court of competent jurisdiction, no Confidential Information obtained pursuant to this Agreement shall be disclosed by CDOR or Jurisdiction to any person or entity not authorized to receive such information by the laws of the Jurisdiction or the State of Colorado. 3) If CDOR or Jurisdiction is served with a request for Confidential Information, CDOR or Jurisdiction shall use reasonable efforts to provide notice to the other Party within such time that CDOR or Jurisdiction may intervene and seek a protective order or other relief if it so chooses. 4) The information obtained pursuant to this Agreement shall be used only for the purpose of administration and enforcement of the sales and/or use tax laws of the Jurisdiction or the State of Colorado. 5) Nothing in this agreement shall prevent a Jurisdiction from contacting their Taxpayers for auditing or other purposes. 6) If either party becomes aware of any Security Incident, they shall notify the other immediately and cooperate with one another regarding recovery, remediation, and the necessity to involve law enforcement. D. Payments of Taxes to Jurisdiction. 1)All funds deposited by a Taxpayer shall be and shall remain the property of Jurisdiction held in trust until transferred to Jurisdiction. Deposited remittances 2 shall be transferred to Jurisdiction as soon as the funds have settled with the SUTS bank following NACHA guidelines. 2) If any Taxpayer payment is returned via an ACH or credit card charge-back against the account past the settlement process above, that Jurisdiction will pay applicable amounts back to the SUTS System within five banking days of notification of return. E. Data and Reports. 1) Jurisdiction will have access to all information from tax forms processed in the SUTS System that involve transactions within the Jurisdiction via CSV file downloads, PDF files or some other manner that is mutually acceptable.  2) The following reports will be available to Jurisdiction with the SUTS System: a) Assessment Report: This report shows all assessments, by business and includes several filters.   b) Form Data Report: The form data report provides the ability to see all data for a taxpayer’s form (e.g., gross sales through all deductions). c) Business Comparison Reports by Month: Allows review of trends over time for particular businesses, or an audience of businesses. d) Business Contact Report. e) Missing Account Number Report for validating Jurisdiction’s Local Account Number for each registered account in the SUTS System. F.Support. CDOR will provide Taxpayer user support during regular, published State business hours. Support to Jurisdiction’s administrative users for system questions is provided by Vendor specialists who will be available by email and phone Monday through Friday from 8:00 am to 5:00 pm Mountain Time, excluding Federal and State Holidays. G.Retention of Data. The SUTS System will retain, for a minimum of three years, all data, records, returns, and information: a) submitted by Taxpayers to the SUTS System, b) derived from Taxpayer submissions, and c) transferred to Jurisdiction. H.System Failure. If the SUTS System becomes disabled, CDOR will use good faith and reasonable efforts to recover the system and all Jurisdiction data not already in the possession of Jurisdiction. This recovery of the SUTS System and data will be conducted at no3 additional cost to Jurisdiction. I. Reservation of Rights. The software, workflow processes, user interface, designs, know-how and other services and technologies which are the sole property provided by Vendors as part of the SUTS System and CDOR’s agreements with Vendors will remain with Vendors and Jurisdiction will not have any right, title or interest in or to such items, including all associated intellectual property rights. J. Restrictions on Use of The SUTS System. 1) Jurisdiction may not a) sell, resell, rent or lease the SUTS System, b) use the SUTS System to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party rights, c) interfere with or disrupt the integrity or performance of the SUTS System, or d) attempt to gain unauthorized access to the SUTS System or its related systems or networks. 2) Jurisdiction may allow its third-party contractors to use the SUTS System solely on behalf of and for the benefit of Jurisdiction and only in compliance with the terms and conditions of this Agreement. Jurisdiction is responsible for compliance with the terms of this Agreement by its contractors. K. Initial Setup. Jurisdiction shall furnish the following items in order to use the SUTS System: 1) Jurisdiction Depository Information: Jurisdiction will provide bank deposit information (routing & account number) to CDOR’s appropriate Vendors within 5 days of signing this Agreement. This information will be utilized for the deposits of taxes, penalties, and interest from the SUTS System. It is the responsibility of Jurisdiction to provide updated depository information should this account need to be changed at any point in time. 2) Initial Account Number Validation: Jurisdiction will upload their local account numbers for their Taxpayers to the SUTS System using the SUTS standard upload format (e.g. Excel, CSV) as soon as is reasonable after signing this Agreement. CDOR will use this information to validate account numbers for businesses registering on the SUTS System with actual account numbers for each jurisdiction for accurate account information on SUTS System tax returns. 4 3) The local account numbers will include the Taxpayer’s account number, business name, dba, FEIN#, address and any other contact information or the SUTS System to validate and match the registered account to Jurisdiction’s account number. 4) The SUTS System will not activate for Jurisdiction for tax receipts until the Existing Account Number Data File has been provided to CDOR, imported to the SUTS System and validated by Vendor. 5) It is the responsibility of Jurisdiction to update the account numbers that need to be added or edited in the SUTS System in order to display the local account number on future tax returns generated from the SUTS System. L. Use Tax Purchase Details. Taxpayers filing tax returns through the SUTS System are not required to include use tax purchase details. Purchase details are typically required on Schedule B to tax returns required by local jurisdictions. However, nothing in this Agreement prevents Jurisdiction from requesting these use tax details directly from the Taxpayer. M. Business Licenses. The SUTS System will not require any Taxpayer to obtain separate Jurisdiction business licenses or any other license. Jurisdiction may, at Jurisdiction’s discretion, use the information provided by the Taxpayer in the SUTS System to reach out separately and independently to their Jurisdiction’s Taxpayers for licenses or any other requirements from the Jurisdiction that is not included in the SUTS System. N. Frequency of Tax Filings. Taxpayers may file tax returns via the SUTS System at the frequency which is required of Taxpayer for State taxes under CDOR regulations; however, Jurisdiction may request from CDOR that the Taxpayer may be moved to a more frequent filing, which will not be unreasonably denied. O. Jurisdiction New Account Review. When a Taxpayer submits a new registration with the SUTS System and does not have a Colorado Account Number, the SUTS System will require that the Taxpayer submit an online Sales Tax License Application and pay the State of Colorado license fee. The application and fee shall be sent to the CDOR for license issuance and account number creation for the Colorado Account Number. It is the 5 responsibility of the Jurisdiction to use the SUTS reports to include any new businesses in their external system of record and to update their local account number in the SUTS System using the procedures set forth above. P. Jurisdiction Rate Validation. 1) Jurisdiction will provide written confirmation to Vendors of its sales and use tax rates, rules, and boundaries. Jurisdiction will use due care and make best efforts to provide accurate rates, rules, and boundaries. 2) Jurisdiction agrees to specify to Vendors authorized Jurisdiction users who are allowed to propose changes within the SUTS System administrative tools. 3) Jurisdiction will use best efforts to email Vendors or use the SUTS System administrative tools to notify Vendors of any tax rates, rules, boundaries, or other needed data changes 30 days before they are effective for them to be updated in the system. All notifications must include details on the changes and the period for which changes are effective. Q. Tax Data Integration. This Agreement does not provide a direct interface or integration to Jurisdiction’s system of record for sales and use tax. If a direct interface or custom format is desired by Jurisdiction to better integrate to Jurisdiction’s system of record, Jurisdiction may contact Vendor to discuss custom options, which may entail programming fees to be paid directly to the Vendor by the Jurisdiction. R. Licensed Documentation. All SUTS System user guides, sample data, marketing, training and other items provided through the SUTS System or by Vendors (“Licensed Documentation”) may be used and copied by Jurisdiction via a non-exclusive license for the duration of the Agreement for Jurisdiction’s use solely with the SUTS System according to the terms of this Agreement. S. Payment and Merchant Fees. Taxpayer pays credit, debit or any other merchant processor or bank fee associated with Taxpayer’s remittance payment, and the Jurisdiction agrees to pay the ACH Credit or Debit transfer fees from the SUTS System to Jurisdiction’s bank account, which is currently one dollar ($1) per banking day, or approximately twenty dollars ($20) per month for a Jurisdiction that gets a payment every banking day. The Jurisdiction will Pre-pay an amount of two hundred and sixty dollars ($260) during 6 the SUTS onboarding process as a credit towards the transfer fees. Jurisdiction will replenish any funds used, paying in advance of each CDOR fiscal year on or before July 1 after receiving a notice of account and balance due by June 1. T. Additional Terms. 1)Governing Law. This Agreement is governed by Colorado law without regard to conflicts of law principles. 2)Survival of Terms.Any terms that by their nature survive termination or expiration of this Agreement, will survive. 3)Entire Agreement and Changes.This Agreement constitutes the entire agreement between the Parties, and supersedes all prior or contemporaneous negotiations, agreements and representations, whether oral or written, related to this subject matter. No modification or waiver of any term of this Agreement is effective unless in a written instrument signed by both Parties. 4)No Assignment.Neither Party may assign or transfer this Agreement to a third party. 5)Enforceability: If any term of this Agreement is determined to be invalid or unenforceable, the other terms remain in effect. 6)Notices: All notices required or permitted to be given under this Agreement shall be in writing, and shall be delivered (a) by hand with receipt required, (b) by certified or registered mail to such Party’s principal representative at the address set forth below or (c), as an email with read receipt requested addressed as given herein. This contact information may be changed by notice submitted in accordance with this section. For CDOR: Name:Matthew A. Samuelson Title:Deputy Director, Taxation Division Email:matthew.samuelson@state.co.us Mailing address:PO Box 17087, Denver, CO 80217-0087 Cell:720-682-6231 For Jurisdiction: Name:________ Title: _________ Email: ________ Address: _______ Phone: __________ 7 7)Counterparts,Facsimiles and E-Mail. This Agreement may be signed in any number of counterparts, which together shall constitute one and the same instrument. Original signatures of the Parties on copies of this Agreement transmitted by facsimile or electronically/scanned and e-mailed copies shall be deemed originals for purposes of this Agreement, and such copies shall be binding on all Parties. 8)Authority to Execute Agreement. Each person executing this Agreement on behalf of each Party represents, warrants, assures, and guarantees that s/he has full legal authority to execute this Agreement on behalf of the Jurisdiction and CDOR, respectively, and to bind Jurisdiction and CDOR, to all the terms, conditions, provisions, and obligations of this Agreement. 9)Termination of Agreement:CDOR or Jurisdiction may terminate this Agreement for any reason on 90 days written notice to the other Party. In the event of a breach of contract, the aggrieved Party shall give written notice of breach to the other Party. If the notified Party does not cure the breach of contract, at its sole expense, within 30 days after the delivery of written notice, the Party may terminate the contract. Notwithstanding any provision of this Agreement to the contrary, both Parties retain any statutory rights they may have to immediately terminate this Agreement in whole or in part in order to protect the public interest of their citizens. 10)Limited Financial Obligation.Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of either party not performed during the current fiscal year is subject to annual appropriation, so the obligation shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 11)Limitation of Liability for CDOR.CDOR, its employees, agents, including Vendors and assignees shall not be liable for any costs, expenses, claims, damages, liabilities, court fees and other amounts (including attorneys’ fees and related costs) including but not limited to cost of delay, loss of data or information, failure of the SUTS system, loss of moneys remitted to SUTS, direct losses, consequential, special, indirect, incidental, punitive or exemplary loss incurred by Jurisdiction in relation to any services, including database access in connection with this Agreement. 12)Governmental Immunity.Liability for claims for injuries to persons or property arising from the negligence of the State, its departments, boards, commissions, committees, bureaus, offices, employees and officials, or of the Jurisdiction, its departments, boards, commissions, committees, bureaus, offices, employees and officials, shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this 8 Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. Jurisdiction Approval By Title *Signature Date Municipality or County of Date Jurisdiction Mailing Address Appointee Phone Number Appointee Name Title Appointee Signature Appointee Email Name of Chief Administrative Officer or Designee Title Chief Administrative Officer or Designee Signature Chief Administrative Officer or Designee Email *⎕By checking this box and signing above, I I hereby represent, warrant, assure, and guarantee that I have full legal authority to execute this Agreement on behalf of the Jurisdiction and to bind Jurisdiction to all the terms, conditions, provisions, and obligations of this Agreement. Colorado Department of Revenue Approval By Title Signature Date 9 ITEM NO: 3 DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $13,797 AND TO APPROVE THE ACKNOWLEDGEMENT OF AWARD CONDITIONS WITH HISTORY COLORADO’S STATE HISTORICAL FUND FOR PLANNING AND ASSESSMENT REHABILITATION WORK AT THE RICHARDS-HART ESTATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Director of Parks & Recreation City Manager ISSUE: The City was awarded funding from History Colorado’s State Historical Fund Planning Grant program for planning and assessment rehabilitation work at the Richards-Hart Estate. This Resolution will amend the General Fund budget to accept the grant in the amount of $13,797 and will approve the Acknowledgement of Award Conditions. PRIOR ACTION: In March 2021, Mayor Starker signed the “Applicant Signature Page” as an authorized representative of the City which was required as part of the grant application. Councilor Hutchinson, the Wheat Ridge Cultural Commission, and the Wheat Ridge Historical Society submitted letters of support for this project proposal and application in March 2021. CAF – State Historical Fund Grant Approval for RHE July 26, 2021 Page 2 FINANCIAL IMPACT: The estimated cost of the planning and assessment work is $15,330. The grant award is in the amount of $13,797 from the State Historical Fund. The City is required to contribute matching funds in the amount of $1,533 (10% of the project cost) as part of accepting the grant funding. If this Resolution is not passed and the funding is declined, the City may have to fund this planning and assessment work at the Richards-Hart Estate in full in the future to preserve and maintain the historic building. BACKGROUND: In January and February 2021, Parks and Recreation staff identified areas in need of repair at the Richards-Hart Estate. The Richards-Hart Estate is a 19th-centry mansion that was purchased by the City in 1977 to preserve it as a community resource. The Estate is listed on the National Register of Historic Places and the state registry. Due to this listing, preservation and maintenance work must be done by contractors qualified to perform work on historic buildings. Form+Works is an Eastlake-based, qualified firm with an extensive list of historical preservation projects in Colorado. Form+Works’ staff visited the Estate with Department staff in March 2021 and developed the attached project proposal. History Colorado’s State Historical Fund has a range of grant programs to assist with funding historic property preservation, improvement, acquisition, education and more. In the 1980s and 1990s, the State Historical Fund assisted with preservation work in Wheat Ridge at the Richards-Hart Estate and at Historic Park buildings. In discussions with History Colorado staff, they recommended that the City start with a planning grant before work is completed on the Richards-Hart Estate. RECOMMENDATIONS: The Parks and Recreation Department recommends that City Council pass this Resolution to amend the budget to accept the grant and to approve the Acknowledgement of Award Conditions. RECOMMENDED MOTION: “I move to approve Resolution No. 36-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $13,797 and to approve the Acknowledgement of Award Conditions with History Colorado’s State Historical Fund for planning and assessment work at the Richards-Hart Estate.” Or, “I move to postpone indefinitely Resolution No. 36-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $13,797 and to approve the Acknowledgement of Award Conditions with History Colorado’s State Historical Fund for planning and assessment work at the Richards-Hart Estate for the following reason(s) ________________________________________________________________________.” CAF – State Historical Fund Grant Approval for RHE July 26, 2021 Page 3 REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2021 2. Exhibit A - Acknowledgement of Award Conditions 3. Proposal Scope of Work from Form+Works CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 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 $13,797 AND TO APPROVE THE ACKNOWLEDGEMENT OF AWARD CONDITIONS WITH HISTORY COLORADO’S STATE HISTORICAL FUND FOR PLANNING AND ASSESSMENT WORK AT THE RICHARDS-HART ESTATE WHEREAS, the City of Wheat Ridge was awarded a grant from History Colorado’s State Historical Fund in the amount of $13,797 for planning and assessment work at the Richards-Hart Estate; and WHEREAS, the acceptance of the grant in the amount of $13,797 is subject to the condition of execution of the Acknowledgement of Award Conditions; and WHEREAS, the City of Wheat Ridge wishes to complete the planning and assessment project at the Richards-Hart Estate at the estimated total cost of $15,330; and WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these reimbursable expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The City of Wheat Ridge hereby authorizes the Mayor to sign the Acknowledgement of Award Conditions attached hereto as Exhibit A. Section 2. A supplemental budget appropriation in the amount of $13,797 is hereby approved to be transferred from General Fund undesignated reserves to account 01-625-700-704 and the 2021 revenues are amended to account for the $13,797 grant award. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of July 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 EXHIBIT A Acknowledgement of Award Conditions [ATTACHED] ATTACHMENT 2 History Colorado Center, 1200 Broadway, Denver, CO 80203 June 28, 2021 Re: Project #2021-PL-020 Construction Documents of Richards Mansion-James W. Richards House-Hart Estate- Richards/Hart Estate Mr. Altenburg: As the grant recipient, you will enter a State of Colorado grant agreement for the grant awarded. Your organization will therefore become a state grantee. As such, there are conditions associated with a State Historical Fund grant. 1.Read all statements below and initial each statement. Check marks are not accepted. 2.Obtain the signature of the appropriate authorized officer for your organization. 3.Write in the date the letter was signed by the appropriate authorized officer. 4.Print the name and title of the appropriate authorized officer. My organization is ready to Go Under Award, and I confirm the following: ______ All proposed cash match is now readily available and in-hand. (See Program Guidebook pg 6) ______ My organization is in compliance with the state regulations that requires my organization to carry Workers’ Compensation, Employer’s Liability, General Liability, and Automobile Insurance, if applicable. (See Program Guidebook pg 45) We use the following method to verify we do not/will not employ or contract any undocumented workers. (See Program Manual pg 46): CHECK ONE National E-Verify Colorado Department Program (Notice of Participation form must be completed) Another method of verification (such as I-9 Forms) ______ I understand & accept my organization will enter into a grant agreement with the State Historical Fund. My organization will be responsible for meeting the terms of the grant agreement. My organization cannot “pass through” fiscal or project responsibility to another organization. (See Program Guidebook pg 17) ______ I understand & accept that grant agreements contain non-negotiable terms, it is my responsibility to review the grant template (enclosed) prior to going under award, and my organization agrees to go under award with those terms. ______ I understand & accept that my organization will work in partnership with the State Historical Fund to meet the Secretary of the Interior’s Standards. I will comply with review expectations and refrain from carrying out work until I have the approval of SHF historic preservation specialist to proceed. For survey projects, I will adhere to the current Colorado Cultural Resource Manual. (See Program Guidebook pgs 5 and 37) History Colorado Center, 1200 Broadway, Denver, CO 80203 ______ I understand & accept SHF funds will only pay for work taking place within the SHF grant agreement period. ______ I understand & accept SHF will require documentation of grant administration and indirect expenditures, including time sheets and rates and clear calculations. (See Program Guidebook pg 38) ______ I understand & accept the reported expenses must be associated with one of the task items in the SHF Grant Agreement Exhibit B: Budget. I am not allowed to collapse task items under one category. (See Program Guidebook 36 and 39) ______ I understand & accept project cost savings will be shared with SHF based on the percentage shown in Exhibit B: Budget. (See Program Guidebook pg 36) ______ I understand & accept my organization cannot use funds in a manner that may result in an actual or perceived conflict of interest. (See Program Guidebook pg 44) ______ I understand & accept the property restrictions, if applicable, mentioned in Exhibit E: Property Protection (enclosed). (See Program Guidebook pg 6 and 35) ______ I understand & accept that my organization is solely responsible for determining if my cash match resources are eligible for use with SHF grant programs. ______ Property Owner permission (if the owner is different than the grant recipient organization) I, the property owner, agree to the above requirements and give the grant recipient organization permission to conduct the approved Scope of Work on my property. If you have any questions or need any additional information, please contact our office. City of Wheat Ridge City of Wheat Ridge Grant Recipient Organization Legal Owner (if different) ______________________________________ ______________________________________ Signature of Authorized Officer Date Signature of Legal Owner Date ______________________________________ ______________________________________ Print Name of Authorized Officer Print Name of Authorized Officer Acknowledgement of Award Conditions Letter v14-2021 PO Box 476 |Eastlake, Colorado 80614 516 Harrison Avenue | Leadville, Colorado 80461 P 414.477.5348 | www.formworksdesigngroup.com March 4, 2021 City of Wheat Ridge Parks & Recreation 9110 W 44th Avenue Wheat Ridge, CO 80033 Re: Richards-Hart Estate Planning Documents – Architectural & Engineering Consulting Fee Proposal Dear Tony Santistevan: Form+Works Design Group is pleased to present this proposal for architectural and engineering services, including the preparation of construction documents for a limited scope of work at the Richards-Hart Estate located in Wheat Ridge, Colorado. We are proposing the following work in order to evaluate the condition of the building and provide documents in preparation for a future rehabilitation project. This scope of work is based on our site visit on February 26, 2021. 1. Field Documentation & Design Narrative a.One (1) site visit to measure relevant areas of the building and document existing conditions. b.One (1) site visit to verify documented scope of work for future rehabilitation. c.Prepare narrative summary of scope based on site visit. 2.Construction Documents (including drawings and specifications) for the following scope: a.Exterior porch rehabilitation to include (2) porches and staff entry canopy b.Interior finish rehabilitation at locations of damage at wallpaper and plaster c.Brick foundation wall rehabilitation at locations of damage visible in the basement 3.Schematic Design Documents a.Review possibilities for ADA compliant path from parking lot into building to determine feasibility and impacts to the historic building. 4.Cost Estimate a.Preservation Contractor to prepare a cost estimate for future work based on the Architectural & Engineering documents provided. ATTACHMENT 3 Richards-Hart Estate March 4, 2021 Architectural & Engineering Fee Page 2 of 4 The following deliverables are anticipated to be part of the History Colorado contract. Fees for preparation of these documents and attendance at these meetings are included in the fees listed below. 1.Initial Consultation / Project Kick-off Meeting (either in person or via conference call) 2.Interim Meeting (either in person or via conference call) 3.Existing Conditions Photos 4.Design Narrative to be completed following site visit 5.Draft and Final Construction Documents 6.ADA Feasibility / Schematic Design Document 7.Cost Estimate We understand that previous work, funded through History Colorado has occurred at this building, including a Historic Structure Assessment (grant number 00-M1-037), Interior and Exterior Restoration Projects (grant numbers 00-P2-012, 00-P2.012.01, and 00-P2-012.02), and a masonry evaluation (grant number 04-M2-035). Upon Notice to Proceed, we will request the documents on file with the State associated with these projects for review and coordination with the current needs of the building. PROPOSAL: We propose to provide architectural and engineering consulting services necessary to complete the above outlined scope and associated deliverables for the fixed sum of $15,330.00 including direct expenses. This fee includes the services of an architect and structural engineer. This proposed fee and our understanding of the scope of services is based on using a standard AIA agreement or mutually agreed upon similar contract. To aid you in understanding our proposed fee in more detail, we have included the following breakdown of the design services. Field Documentation & Design Narrative $5,000.00 Construction Documents $8,000.00 ADA Schematic Design / Feasibility Documents $1,680.00 Contractor Cost Estimate $500.00 Reimbursable Expenses $150.00 Includes printing and shipping costs for deliverables & Mileage at SHF rates TOTAL $15,330.00 The proposed fee includes the reproduction costs for two sets of documents for review by the State Historical Fund and the building owner. Two copies of the final documents will be provided upon completion of review. Electronic copies of PDFs of the drawings and Richards-Hart Estate March 4, 2021 Architectural & Engineering Fee Page 3 of 4 specifications will be provided at no additional cost. Additional hard copies will be provided for the cost of reproduction as a reimbursable expense. Exclusions: The services of mechanical, electrical, and plumbing engineers, civil engineers, geotechnical engineers, a site survey, hazardous materials testing and abatement, and any services outside the scope identified above to be completed by the Architect and Structural Engineer are excluded from the project scope. It any of these services are desired, a request for fees for Additional Services will be provided and approval required prior to commencement of work. Construction documents for the project will be prepared based on photographs and production of limited drawings for select areas of the building. Production of a full REVIT model is not included in the above fee; areas of the building will be modeled if needed to illustrate the scope items to be addressed in this project. Schedule: If the grant application is filed with the State Historical Fund in March 2021 and the grant is awarded in April 2021, I believe the earliest the project would be able to proceed, due to contracting with the State, is May 2021. If notice to proceed is received by May 7, 2021, we anticipate the following project schedule: May 2021 Complete State Historical Fund Initial Consultation Prepare Existing Conditions Photographs Complete Site Visits Issue design narrative based on site visit for scope confirmation June 2021 Issue Draft Construction Documents for Review & Pricing July 2021 Receive Comments regarding Draft Construction Documents Interim Project Meeting Issue Final Construction Documents Issue Final Cost Estimate August 1, 2021 Grant Deadline for SHF Funding for construction project We anticipate a potential August 1, 2021 SHF grant application and will work with you to ensure this planning project is coordinated with that deadline to position you for a competitive grant application if desired. Upon notice to proceed we will confirm the above schedule with you or develop a new scheduled based on the date of notice to proceed. If selected for this project, we are available to assist the grant writer with any necessary attachments and narrative sections with which assistance may be needed for the planning grant submittal at no additional charge. Thank you for considering our team for this project. If you have any questions concerning this proposal or if you would like any additional information, I am happy to discuss the proposal in greater detail. Richards-Hart Estate March 4, 2021 Architectural & Engineering Fee Page 4 of 4 Sincerely, form+works design group, LLC Jessica Reske, AIA, LEED AP Principal Attachments: Resumes – Architects and Structural Engineer Form+Works Preservation Project Experience List ITEM NO: 4 DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,940 AND TO APPROVE THE ACKNOWLEDGEMENT OF AWARD CONDITIONS WITH HISTORY COLORADO’S STATE HISTORICAL FUND FOR PLANNING AND ASSESSMENT REHABILITATION WORK AT THE PIONEER SOD HOUSE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ _____________________________ Director of Parks & Recreation City Manager ISSUE: The City was awarded funding from History Colorado’s State Historical Fund Planning Grant program for planning and assessment rehabilitation work at the Pioneer Sod House. This Resolution will amend the General Fund budget to accept the grant in the amount of $14,940 and will approve the Acknowledgement of Award Conditions. PRIOR ACTION: In May 2021, Mayor Starker signed the “Applicant Signature Page” as an authorized representative of the City which was required as part of the grant application. CAF – State Historical Fund Grant Approval for Sod House July 26, 2021 Page 2 The Wheat Ridge Parks and Recreation Commission, Wheat Ridge Cultural Commission, Wheat Ridge Historical Society, and individual Historical Society members submitted letters of support for this project proposal and application in May-June 2021. FINANCIAL IMPACT: The estimated cost of the planning and assessment work is $16,660. The grant award is in the amount $14,940 from the State Historical Fund. The City is required to contribute matching funds in the amount of $1,660 (10% of the project cost) as part of accepting the funding. If this Resolution is not passed and the funding is declined, the City will have to fund this planning and assessment work at the Pioneer Sod House in full in the near future to preserve and maintain the historic building. The Pioneer Sod House has potential structural issues that need to be addressed as soon as possible. BACKGROUND: In April 2021, Parks and Recreation staff identified areas in need of repair at the Pioneer Sod House. The Sod House is a 19th-centry building that was purchased by the City in 1972 to preserve it as a community resource. The Sod House is listed on the National Register of Historic Places and the state registry. Due to this listing, preservation and maintenance work must be done by contractors qualified to perform work on historic buildings. The Sod House is located in the Wheat Ridge Historic Park. Form+Works is an Eastlake-based, qualified firm with an extensive list of historical preservation projects in Colorado. Form+Works’ staff visited the Sod House with Department staff in May 2021 and developed the attached project proposal. History Colorado’s State Historical Fund has a range of grant programs to assist with funding historic property preservation, improvement, acquisition, education and more. In discussions with History Colorado staff, they recommended that the Planning Grant be pursued first for work at the Sod House. RECOMMENDATIONS: The Parks and Recreation Department recommends that City Council pass this Resolution to amend the budget to accept the grant and to approve the Acknowledgement of Award Conditions. RECOMMENDED MOTION: “I move to approve Resolution No. 37-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14,940 and to approve the Acknowledgement of Award Conditions with History Colorado’s State Historical Fund planning and assessment rehabilitation work at the Pioneer Sod House.” Or, “I move to postpone indefinitely Resolution No. 37-2021, a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14,940 and to approve the Acknowledgement of Award Conditions with History CAF – State Historical Fund Grant Approval for Sod House July 26, 2021 Page 3 Colorado’s State Historical Fund planning and assessment rehabilitation work at the Pioneer Sod House for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 37-20212. Acknowledgement of Award Conditions3. Sod House Proposal Scope of Work from Form+Works CITY OF WHEAT RIDGE RESOLUTION NO. 37 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 $14,940 AND TO APPROVE THE ACKNOWLEDGEMENT OF AWARD CONDITIONS WITH HISTORY COLORADO’S STATE HISTORICAL FUND FOR PLANNING AND ASSESSMENT REHABILITATION WORK AT THE PIONEER SOD HOUSE WHEREAS, the City of Wheat Ridge was awarded a grant from History Colorado’s State Historical Fund in the amount of $14,940 for planning and assessment work at the Pioneer Sod House; and WHEREAS, the acceptance of the grant in the amount of $14,940 is subject to the condition of execution of the Acknowledgement of Award Conditions; and WHEREAS, the City of Wheat Ridge wishes to complete the planning and assessment project at the Pioneer Sod House at the estimated total cost of $16,660; and WHEREAS, insufficient appropriations in the 2021 Budget exist to cover these reimbursable expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The City of Wheat Ridge hereby authorizes the Mayor to sign the Acknowledgement of Award Conditions attached hereto as Exhibit A. Section 2. A supplemental budget appropriation in the amount of $14,940 is hereby approved to be transferred from General Fund undesignated reserves to account 01-625-700-704 and the 2021 revenues are amended to account for the $14,940 grant award. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of July 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 EXHIBIT A Acknowledgement of Award Conditions [ATTACHED] ATTACHMENT 2 History Colorado Center, 1200 Broadway, Denver, CO 80203 July 14, 2021 Re: Project #2022-PL-003 Planning Grant of Frank White Sod House-Old Soddy House-Pioneer Sod House-Wheat Ridge Sod House Museum Dear Mr. Altenburg: As the grant recipient, you will enter a State of Colorado grant agreement for the grant awarded. Your organization will therefore become a state grantee. As such, there are conditions associated with a State Historical Fund grant. 1.Read all statements below and initial each statement. Check marks are not accepted.2. Obtain the signature of the appropriate authorized officer for your organization.3.Write in the date the letter was signed by the appropriate authorized officer.4.Print the name and title of the appropriate authorized officer. My organization is ready to Go Under Award, and I confirm the following: ______ All proposed cash match is now readily available and in-hand. (See Program Guidebook pg 6) ______ My organization is in compliance with the state regulations that requires my organization to carry Workers’ Compensation, Employer’s Liability, General Liability, and Automobile Insurance, if applicable. (See Program Guidebook pg 45) We use the following method to verify we do not/will not employ or contract any illegal immigrants. (See Program Manual pg 46): CHECK ONE National E-Verify Colorado Department Program (Notice of Participation form must be completed) Another method of verification (such as I-9 Forms) ______ I understand & accept my organization will enter into a grant agreement with the State Historical Fund. My organization will be responsible for meeting the terms of the grant agreement. My organization cannot “pass through” fiscal or project responsibility to another organization. (See Program Guidebook pg 17) ______ I understand & accept that grant agreements contain non-negotiable terms, it is my responsibility to review the grant template (enclosed) prior to going under award, and my organization agrees to go under award with those terms. ______ I understand & accept that my organization will work in partnership with the State Historical Fund to meet the Secretary of the Interior’s Standards. I will comply with review expectations and refrain from carrying out work until I have the approval of SHF historic preservation specialist to proceed. For survey projects, I will adhere to the current Colorado Cultural Resource Manual. (See Program Guidebook pgs 5 and 37) History Colorado Center, 1200 Broadway, Denver, CO 80203 ______ I understand & accept SHF funds will only pay for work taking place within the SHF grant agreement period. ______ I understand & accept SHF will require documentation of grant administration and indirect expenditures, including time sheets and rates and clear calculations. (See Program Guidebook pg 38) ______ I understand & accept the reported expenses must be associated with one of the task items in the SHF Grant Agreement Exhibit B: Budget. I am not allowed to collapse task items under one category. (See Program Guidebook 36 and 39) ______ I understand & accept project cost savings will be shared with SHF based on the percentage shown in Exhibit B: Budget. (See Program Guidebook pg 36) ______ I understand & accept my organization cannot use funds in a manner that may result in an actual or perceived conflict of interest. (See Program Guidebook pg 44) ______ I understand & accept the property restrictions, if applicable, mentioned in Exhibit E: Property Protection (enclosed). (See Program Guidebook pg 6 and 35) ______ I understand & accept that my organization is solely responsible for determining if my cash match resources are eligible for use with SHF grant programs. ______ Property Owner permission (if the owner is different than the grant recipient organization) I, the property owner, agree to the above requirements and give the grant recipient organization permission to conduct the approved Scope of Work on my property. Please be advised that the State Historical Fund processes grant agreements in the order that the required information is received. Again, if you have any questions or need any additional information, please do not hesitate to contact our office. City of Wheat Ridge City of Wheat Ridge Grant Recipient Organization Legal Owner (if different) ______________________________________ ______________________________________ Signature of Authorized Officer Date Signature of Legal Owner Date ______________________________________ ______________________________________ Print Name of Authorized Officer Print Name of Authorized Officer Acknowledgement of Award Conditions Letter v14-2021 PO Box 476 |Eastlake, Colorado 80614 516 Harrison Avenue | Leadville, Colorado 80461 P 414.477.5348 | www.formworksdesigngroup.com May 3, 2021 City of Wheat Ridge Parks & Recreation 9110 W 44th Avenue Wheat Ridge, CO 80033 Re: Sod House Planning Documents – Architectural & Engineering Consulting Fee Proposal Dear Tony Santistevan: Form+Works Design Group is pleased to present this proposal for architectural and engineering services, including the preparation of planning documents for a limited scope of work at the Sod House (‘Soddy’) located in Wheat Ridge, Colorado. We are proposing the following work in order to evaluate the condition of the building and provide documents in preparation for a future rehabilitation project. This scope of work is based on our site visit on April 14, 2021 and follow- up phone conversation on April 27, 2021. 1.Field Documentation a. Complete field measurements and background drawings in REVIT of the Sod House. b.Complete contractor assisted field documentation (Selective removal and reinstallation of materials to observe hidden conditions). 2.Schematic Design Documents a.Provide narrative report outlining existing conditions and recommended rehabilitation strategies b. Annotate background drawings to illustrate scope of work 3.Cost Estimate a.Preservation Contractor to prepare a cost estimate for future work based on the Architectural & Engineering documents provided and observations completed at site visit. The following deliverables are anticipated to be part of the History Colorado contract. Fees for preparation of these documents and attendance at these meetings are included in the fees listed below. 1.Initial Consultation / Project Kick-off Meeting (either in person or via conference call) 2.Interim Meeting (either in person or via conference call) 3.Existing Conditions Photos ATTACHMENT 3 Sod House May 3, 2021 Architectural & Engineering Fee Page 2 of 3 4.Design Narrative to be completed following site visit 5.Schematic Design Document 6.Cost Estimate PROPOSAL: We propose to provide architectural and engineering consulting services necessary to complete the above outlined scope and associated deliverables for the fixed sum of $16,600.00 including direct expenses. This fee includes the services of an architect, structural engineer, and contractor to assist with building access and cost estimating. This proposed fee and our understanding of the scope of services is based on using a standard AIA agreement or mutually agreed upon similar contract. To aid you in understanding our proposed fee in more detail, we have included the following breakdown of the design services. Field Documentation $6,000.00 Architect, Structural Engineer Contractor assistance – selective demolition and reconstruction Schematic Design Documents $9,950.00 Architect and Structural Engineer – Narrative & Annotated Drawings Contractor Cost Estimate $500.00 Reimbursable Expenses $150.00 Includes printing and shipping costs for deliverables & Mileage at SHF rates TOTAL $16,600.00 The proposed fee includes the reproduction costs for two sets of documents for review by the State Historical Fund and the building owner. Two copies of the final documents will be provided upon completion of review. Electronic copies of PDFs of the documents will be provided at no additional cost. Additional hard copies will be provided for the cost of reproduction as a reimbursable expense. Exclusions: The services of mechanical, electrical, and plumbing engineers, civil engineers, geotechnical engineers, a site survey, hazardous materials testing and abatement, and any services outside the scope identified above to be completed by the Architect and Structural Engineer are excluded from the project scope. If any of these services are desired, a request for fees for Additional Services will be provided and approval required prior to commencement of work. Sod House May 3, 2021 Architectural & Engineering Fee Page 3 of 3 Schedule: If the grant application is filed with the State Historical Fund in May 2021 and the grant is awarded in June 2021, I believe the earliest the project would be able to proceed, due to contracting with the State, is late June 2021. We anticipate the following project schedule: May 2021 Submit Planning Grant Application June 2021 Complete State Historical Fund Initial Consultation Prepare Existing Conditions Photographs Complete Site Visit July 2021 Issue Draft Planning Documents for Review & Pricing August 2021 Receive Comments regarding Draft Planning Documents Interim Project Meeting September 2021 Issue Final Planning Documents Issue Final Cost Estimate We anticipate a SHF grant application February 1, 2022 for this project and will work with you to ensure this planning project is coordinated with that deadline to position you for a competitive grant application if desired. If other grant deadlines require coordination with this project, we will work with you to provide the deliverables and information needed for those deadlines. Upon notice to proceed we will confirm the above schedule with you or develop a new schedule based on the date of notice to proceed. If selected for this project, we are available to assist the grant writer with any necessary attachments and narrative sections with which assistance may be needed for the planning grant submittal at no additional charge. Thank you for considering our team for this project. If you have any questions concerning this proposal or if you would like any additional information, I am happy to discuss the proposal in greater detail. Sincerely, form+works design group, LLC Jessica Reske, AIA, LEED AP Principal ITEM NO: 5 DATE: July 26, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $30,000 FOR THE PURPOSES OF FUNDING A HAZARDOUS TREE REMOVAL GRANT PROGRAM FOR PRIVATE PROPERTY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ _____________________________ Director of Parks & Recreation City Manager ISSUE: Consensus was reached by City Council at the July 12, 2021 special study session to appropriate $30,000 in funding for a hazardous tree removal grant program for trees on private property. Funding for this program is not included in the 2021 budget; therefore, a supplemental budget appropriation is required to appropriate the necessary funding. PRIOR ACTION: On March 22, 2021, Councilmembers Weaver, Stites and Hultin requested that an agenda item be included on a future study session agenda to consider a program to help mitigate dead trees on private property and to provide trees for sale to Wheat Ridge residents. A special study session was held on July 12, 2021, and Council reached consensus to support a 2021 supplemental budget appropriation in the amount of $30,000 to fund a hazardous tree removal grant program for private property. The program will provide 50% matching grants up to $1,500 per property. CAF – Budget Supplemental for Tree Removal Program July 26, 2021 Page 2 FINANCIAL IMPACT: If approved, this initial phase of the proposed grant program would be funded with $30,000 from General Fund undesignated reserves. There are adequate reserves to maintain the City Council minimum 17% reserve policy. BACKGROUND: Many times, the cost of hazardous tree removal is cost prohibitive to private property owners. Thus, the tree hazard remains in place. By incentivizing hazardous tree removal, the private property owners not only mitigate their own liability to themselves and neighbors, but also create the opportunity to plant new replacement trees. Tree replacement is a top priority for the City in that much of the City’s tree canopy has matured to the point where trees are approaching and exceeding their expected lifespan. There are numerous benefits to the City’s mature canopy including but not limited to: reduction in heat island effect, reduction in energy consumption for cooling, providing nesting opportunities for a vast variety of bird species, conserving water by shading landscapes, and protecting soil from wind and water erosion. The Hazardous Tree Removal Grant Program would stipulate that only one tree removal is eligible every 5 years and the tree must be removed by a tree care contractor that holds a license in good standing with the City. The City will also provide a list of pre-qualified tree service providers, but the property owner will not be required to utilize those contractors as long as the contractor of choice meets the aforementioned criteria. RECOMMENDATIONS: City Parks and Recreation Forestry staff recommends approval of the supplemental budget appropriation for the Hazardous Tree Removal Grant Program for private property. RECOMMENDED MOTION: “I move to approve Resolution No. 38-2021, a resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $30,000 for the purposes of funding a Hazardous Tree Removal Grant Program for private property.” Or, “I move to postpone indefinitely Resolution No. 38-2021, a resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $30,000 for the purposes of funding a Hazardous Tree Removal Grant Program for private property for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Zachary Lovato, Manager of Parks, Forestry and Open Space Karen O’Donnell, Director of Parks and Recreation Patrick Goff, City Manager CAF – Budget Supplemental for Tree Removal Program July 26, 2021 Page 3 ATTACHMENTS: 1. Resolution No. 38-2021 CITY OF WHEAT RIDGE RESOLUTION NO. 38 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 $30,000 FOR THE PURPOSES OF FUNDING A HAZARDOUS TREE REMOVAL GRANT PROGRAM FOR PRIVATE PROPERTY WHEREAS, the cost of hazardous tree removal is often cost prohibitive to private property owners; and WHEREAS, as a Tree City USA community, a strong, healthy tree canopy is important to the City of Wheat Ridge; and WHEREAS, the City of Wheat Ridge wishes to implement a new grant program administered by City staff to assist Wheat Ridge property owners with removal of hazardous trees; and WHEREAS, City Council reached consensus supporting a 2021 budget supplemental appropriation in the amount of $30,000 at a special study session held on July 12, 2021; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. A supplemental budget appropriation in the amount of $30,000 is hereby approved to be transferred from General Fund undesignated reserves to account number 01-604-700-704. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of July 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1