HomeMy WebLinkAboutStudy Session Agenda Packet 06-28-21 - SPECIALSPECIAL STUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 28, 2021
To commence at the conclusion of the Regular City Council Meeting
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Public Comment on Agenda Item
1.Hotel/Motel Licensing Program
2.Staff Report(s)
3.Elected Officials’ Report(s)
ADJOURNMENT
710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960
MEMORANDUM
TO: Mayor and Council
FROM: Jerry Dahl, City Attorney
Patrick Goff, City Manager
Chris Murtha, Police Chief
Jim Lorentz, Division Police Chief
Ken Johnstone, Community Development Director
DATE: June 24, 2021 (for June 28 special study session)
SUBJECT: Hotel/Motel Licensing Program ______________________________________________________________________
ISSUE:
Wheat Ridge has 9 hotels/motels with a total of 972 rooms, accounting for 7.5% of the total calls for service in the City. Calls for service include unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, domestic violence, assault, motor vehicle theft. Citation into Municipal Court proves ineffective because
arrest warrants cannot be executed on persons who commit crimes and are issued
summonses rather than taken to jail. In addition, many hotels are functioning as long-term housing solutions and are not necessarily designed for that use. The memorandum provides an outline for a proposed hotel/motel licensing program.
BACKGROUND:
Hotels and motels currently in Wheat Ridge are required to obtain a business license and collect and submit lodging tax to the City. The lodging tax rate is ten percent in lieu of sales tax. Five percent supports General Fund operations and the other five percent supports the Crime Prevention and Capital Improvement Program Funds to address impacts of hotels and motels in Wheat Ridge. The City uses these revenues to provide
extra police enforcement and to obtain cooperation from hotel/motel owners and managers through crime prevention programs and the City’s annual hotel/motel
Item No.1
June 24, 2021 Motel Licensing Program
Page | 2 inspection program which establishes and enforces minimum functionality and security standards for hotels and motels in Wheat Ridge.
Recommendation for a hotel/motel licensing program
Staff has conducted research across the country to determine what other tools communities are using to address the impacts from crime and other nuisances caused by some hotels and motels. Staff is proposing to create a hotel/motel licensing program for the City of Wheat Ridge which will require hotels and motels to meet certain standards
before they will receive a hotel/motel license to operate. Staff is also proposing to regulate
extended-stay lodging operations through this licensing program. Following is an outline for a proposed ordinance. Findings:
a. Calls for service at hotels and motels within the City are disproportionately
higher than other businesses and residences. The use of police department resources is excessive.
b. The nature of calls for service at hotels and motels include unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug
calls, domestic violence, assaults, motor vehicle thefts and motor vehicle
recoveries.
c. Hotels and motels with high calls for service evolve into nodes of illegal activity, including drug dealing, prostitution and other illicit behaviors.
d. Council finding that adopting stronger local requirements to limit illegal activities
in hotels and motels is an essential tool to further combat economic blight in
the City.
e. Council finding that it is necessary to establish and enforce standards for hotels and motels by providing for a separate licensing system, including inspection and revocation or suspension of licenses if determined that the hotel or motel
is not operated consistent with established standards and/or contributes
disproportionately to calls for service or documented rates of illegal activity.
1. Definitions:
Key definitions, including a definition for “calls for service” and “extended-stay lodging”
2. License required:
June 24, 2021 Motel Licensing Program
Page | 3 a. Hotel/motel license required in addition to business license under Article 2 of Chapter 11
b. Separate license fee
c. Failure to renew, denial or revocation of either the hotel/motel license or the
business license renders the property incapable of operating
d. Term of license: one year, coterminous with the required business license
3. Application form; processing:
a. Information on the business, its ownership, number of rooms
b. License reviewed and granted or denied by the Finance Division
[revocation and appeals process below].
4. Eligibility requirements: to receive and renew a hotel license, the applicant must:
a. Achieve and maintain a call for service (CFS) rate per room of 1.5
• The City of Lakewood uses CFS rate per room of 1.89. CFS per
room must be at or below 1.89 or be subject to license suspension or revocation.
• Pre-COVID-19 ratios for Wheat Ridge properties range from 0.2 to 2.8 with an average of 1.33
• Of the 9 Wheat Ridge properties, the three hotels with the highest ratios are 1.5, 2.5, and 2.8.
b. Participate in certified crime free hotel/motel program
c. Make all necessary corrective actions in response to matters identified
through the City’s annual hotel/motel inspection program, enforced through the City’s police and community development departments, in cooperation with applicable fire protection districts
d. Demonstrate compliance with the City’s landscape inspection program,
as applicable
e. Demonstrate compliance with the series of adopted International (building) Codes, including the International Property Maintenance Code
f. Establish and maintain an approved security plan, including crime prevention through environmental design, video surveillance, security
guards, fencing, lighting, etc. as approved by the Police Department
June 24, 2021 Motel Licensing Program
Page | 4 5. Suspension and revocation
a. Grounds for suspension or revocation
• Failure to achieve and maintain the eligibility requirements described
above
• See grounds from Section 11–259 (social clubs), which include any incident of disorderly conduct, violation of Chapter 16.
• Licensed manager or any employee illegally offers for sale or legally allows to be consumed on the premises narcotics or dangerous drugs
• Licensed manager not on the licensed premises at all times
• Licensed manager or employee allowed or permitted patrons or employees to engage in acts of prostitution on the premises or public areas adjacent thereto
• Licensee, in the case of a corporation or a limited liability company,
is not in good standing or allowed to do business in the state of Colorado
• Licensee is delinquent in payment of city or state taxes or fees
6. Suspension and revocation procedures:
a. City Treasurer grants, reviews, and denies licenses and has authority to suspend or revoke licenses
License denials can be appealed to the Administrative Hearing Officer for a quasi-judicial hearing
b. License suspension or revocation can be appealed to the Administrative
Hearing Officer in the same manner
7. Notification of certain conduct in the licensed premises
a. Requirement that the licensing employees immediately report to Wheat Police Department any unlawful act, disorderly conduct or assault
committed on the premises – all employees must be notified of this
requirement
b. Failure to comply with the reporting requirement may be considered by the City Treasurer in any action relating to revocation, suspension or nonrenewal of a license
June 24, 2021 Motel Licensing Program
Page | 5 8. Right of entry; inspection
a. Application for a license constitutes consent for the Wheat Ridge Police Department, building inspector, or other City agent to conduct routine
inspections during normal business hours
b. Unlawful for employee to refuse to permit lawful inspection
Structure for hotel/motel license with extended-stay authorization
1. Additional requirements need to be met by business to operate as an extended-stay
motel. See Community Development Department memorandum dated August 2019
Implementation schedule
1. Existing hotels to have ____ days within which to submit an application and application fee for a hotel/motel license
2. City Treasurer to have _____ days within which to review applications for existing
hotels and motels
3. Ordinance will be immediately effective; time frames above are included to allow hotels to make application and be processed
4. Provide appropriate timeframes days for hotels, once licensed, to bring their calls for service and other required eligibility requirements into compliance
5. Extended stay lodging provisions of the ordinance could have a longer timeframe for
implementation, being sensitive to the potential need to make new long-term housing arrangements for existing hotel/motel lodgers.
ATTACHMENTS:
1. Staff Report: Lowering Police Calls for Service (CFS) at Budget Motels, dated March
1, 2021
2. Memorandum: Extended Stay Lodging Regulatory Approach, dated August 2019
Memorandum
TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Christopher Murtha, Chief of Police
FROM: Jim Lorentz, Division Chief Patrol Operations Division DATE: March 1, 2021
SUBJECT: Staff Report: Lowering Police Calls for Service (CFS) at Budget Motels
ISSUE Communities across the country, particular those that contain a major interstate highway, find that their police departments and city services employ a disproportionate amount of resources dealing
with budget motels within their jurisdiction. The City of Wheat Ridge certainly faces this issue. Wheat Ridge has nine motels in its jurisdiction with a total of 972 rooms. Citizen Calls for Service at these nine motels account for 7.5% of the total calls for service in the entire city of 14,616 households and 4,194 businesses.
Police Calls for Service at budget motels include unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, Domestic Violence, assaults, motor vehicle thefts, and the list goes on. Unfortunately, it's easy for a small motel to slip into a spiral that will make it seedy and crime-ridden. Once a motel gains a troublesome reputation, it attracts a wide variety of criminal elements that drive out legitimate business. The absence of legitimate
businesses presents more opportunity for disorder, and soon a local police department has to deal with a whole neighborhood enveloped in different types of crime. With the rise of COVID-19 in 2020, the City of Wheat Ridge has had a marked increase in crime.
With jail restrictions due to COVID and other proposed jail population management tools, arrest
warrants have not been executed, and people who commit crimes are issued summonses rather than taken to jail. With courts not in session, the system is extremely backlogged and since warrants are not enforced, people are unlikely to appear on summons. Many violators simply choose to stay in the area and re-commit crimes as there is little ability to hold persons accountable.
The area of I70 and Kipling tends to be the statistical hot-spot for crime and includes the majority
of hotels/motels in the city. BACKGROUND The very nature of overnight lodging makes it conducive to crime and disorder. Motels and hotels
house people only temporarily, often in commercial areas with high crime rates. Because budget
ATTACHMENT 1
Staff Report: Lowering Police Calls for Service (CFS) at Budget Motels March 1, 2021
Page 2
motels offer low rates, accept cash, and often have a relatively unrestricted environment, local residents with illicit or antisocial intentions find them particularly attractive. Drug sales, prostitution, loud parties, and other activities can often be undertaken at motels with less risk than
at private residences. Motel guests have little motivation to report drug dealing and prostitution
because they have no long-term stake in the motel. In addition, motel managers often have a limited opportunity to get to know the backgrounds of the people on their premises. Finally, in municipalities that lack the resources to provide motel oversight, motel managers have little incentive to accept responsibility for problems.
In general, the principles for effective strategies in lowering CFS at budget motels, as studied by the Center for Problem Oriented Policing, involve: 1) Extra police patrol and enforcement. While increased patrol and enforcement have a
role in crime prevention, trying to “arrest” away the problem tends to be ineffective over
time and is reactive in nature rather than proactive. 2) Enlisting community support to address the problem, i.e., changing the way motels do business requires support of elected officials, government agencies, and the community at
large.
3) Obtaining cooperation from motel owners and managers, i.e., Crime Free Multi-Housing Program consisting of management training, Crime Prevention Through Environmental Design (CPTED), and Community Awareness Training.
4) Establishing and enforcing minimum functionality and security standards, i.e., City of Wheat Ridge Hotel/Motel Inspections Program 5) Adopt Extended Stay Lodging Regulations, i.e., motels that allow extended stay options without regulation tend to have more CFS, crime and disorder. This strategy has been
discussed by Community Development Director Ken Johnstone in his Staff Report dated
June 11, 2019.
6) Adopt Lodging Facility Licensing, i.e., based on a calls-for-service-per-room
(CSF/room) ratio allowing for a standardized comparison of problem levels across motels of different sizes. This strategy is based on a model adopted by the City of Lakewood. The City of Wheat Ridge has employed the first four strategies listed above for several years with
limited participation and success. In an effort to reduce police calls for service and to improve
safety and quality of life, the police department suggests additional elements to bolster a Lodging Facility Licensing program and requests feedback from Council. These elements include: o A new licensing regime for hotels, modeled on the separate system for pawnbrokers
o This in addition to the standard business license
o Goal is to obtain reduction in calls for service, and consequently, crime and related unsafe practices at these locations o Key incentive is a financially significant license fee at such a level as to make it cost effective to participate rather than to opt out. As some of these measures could be
expensive, licensing fees would need to be significant, such as $5000 to $10,000.
Staff Report: Lowering Police Calls for Service (CFS) at Budget Motels March 1, 2021
Page 3
o Fee can be reduced by the hotels by taking affirmative steps to increase safety o Those steps can include a number of programs, all of which will be made available:
- Participate in Certified Crime Free Hotel-Motel Program
This is a program with national certification run by the WRPD that teaches crime
prevention techniques. This has been offered for several years but has had limited
success hotels to participate.
- Good scores in Hotel Inspection Program
Another program we run with Arvada Fire and City Building Inspectors. All hotels
currently participate, but we could incentivize good passing scores on inspection.
- Good Improvement to Land Value Ratio
This is a formula from Community Development that compares the amount of
improvement to property based on building permits. If properties are well maintained,
they are likely to have less crime.
- Low Calls for Service per Room Ratio (CFS/Room)
Another formula the number of calls for service divided by the number of available
rooms. This makes the comparison fair to all properties. Lower CFS would equal a safer
property and less time needed by public safety.
- Approved Security Plan If a property maintains an approved security plan, included crime prevention through environmental design (CPTED), video surveillance, security guards, fencing, etc… another discount could be achieved.
o To the extent the hotel implements these steps, then the licensing fee can be reduced o Reduction of Calls for Service but must be structured so as to not allow calls to be hidden o For hotels that have good records, or none at all (new hotels), diversion program in terms
of the license fee. Enforcement tools under this system include: o Suspension, revocation, denial of the license o Administrative enforcement
o Standard municipal court citation
o Nuisance abatement RECOMMENDATIONS
Staff Report: Lowering Police Calls for Service (CFS) at Budget Motels March 1, 2021
Page 4
Staff believes that adopting extended stay lodging regulations and a lodging facility licensing program would help in lowering police CFS at budget motels. Staff requests for council direction/approval to bring forward an ordinance for first reading.
ATTACHMENTS Hotel-Motel Analysis 2020 PowerPoint Presentation
HOTEL/MOTEL
ANALYSIS
2019/1 ST HALF 2020
PREPARED BY CRIME ANALYST B DANIEL
SEPTEMBER, 2020
ATTACHMENT 1a
Hotel/Motel Analysis
For years,some of our hotels and motels have been taxing on our police resources.As the
following slides will illustrate,hotels has been…
•the second highest location citywide*for citizen-initiated calls for service
since 2014 with the exception of 2015,when they were the top location.Each year,one
particular hotel has been second only to Lutheran Medical Center;
•the top location citywide*for case reports from 2012 through 2016,and the second
highest location in 2017,2018,and 2019 (behind LMC);
•the top location citywide for arrests since at least 2013.
*Not including the police department
CFS at Hotels/Motels (Room #)
From January 1,2016 through June 30,2020,there were 79,495 citizen-initiated calls for service (CFS)with patrol response
throughout the city;6,069 of them were at our hotels and motels.The top three motels per year for citizen-initiated CFS are
highlighted.
Hotel/Motel Rooms 2016 2017 2018 2019
1st
Half
2020
Affordable Inn 113 177 192 104 139 58
American Motel 138 414 372 389 385 180
Best Interstate 100 198 192 179 143 76
Comfort Inn 71 44 58 35 47 42
Holiday Inn Express 102 48 84 72 74 62
Howard Johnson 107 130 140 124 106 38
La Quinta Inn 129 38 39 47 31 34
Motel 6 91 151 139 224 229 168
Super 8 121 106 136 138 177 110
Total 1,306 1,352 1,312 1,331 768
Motel 6,the American Motel,and Super 8 were
the top three in 2019 and 2020 when comparing
the number of citizen-initiated CFS per room.
*There is a moderate positive correlation between the number of CFS in 2019 and the number of rooms in the hotel/motel (0.45 on a scale from -1.00 to 1.00).
CFS at Hotels/Motels ($)
Based on room rates in 2019,there is a moderate negative correlation between the number of citizen-initiated calls for service
in 2019 and room price (-0.56 on a scale from -1.00 to 1.00).In other words,to some extent,the cheaper the room,the more
calls for service.
Hotel/Motel Rate 2019
Affordable Inn $69.99 139
American Motel $76.00 385
Best Interstate $64.00 143
Comfort Inn $139.00 47
Holiday Inn Express $127.00 74
Howard Johnson $65.00 106
La Quinta Inn $144.00 31
Motel 6 $90.00 229
Super 8 $99.00 177
CFS at the Hotels/Motels
In 2019 and 2020,unwanted party was the number
one citizen-initiated call for service at the hotels and motels,
accounting for 16%and 18%of the calls respectively.
Problem Code 2019 2020
Unwanted Party 216 137
Disturbance 169 74
Welfare Check 124 73
Suspicious Incident 71 38
Follow Up 66 37
In 2019 and 2020, 46% and 47%of the officer-initiated
CFS were suspicious vehicles.
Problem Code 2019 2020
Suspicious Vehicle 310 168
Follow Up 130 71
Extra Patrol 65 24
Pedestrian Stop 47 25
Suspicious Person 29 16
In 2019,patrol officers spent an average of 53 minutes
and 19 seconds on each citizen-initiated CFS at the
hotels/motels.In the first half of 2020,this average was 1
hour and 40 seconds.
53 M
19 S
Case Reports at Hotels/Motels (Room #)
From January 1,2016 through June 30,2020,there were 55,905 case reports taken throughout the city;3,358 of them were at
our hotels and motels.The top three motels per year for case reports are highlighted.
Hotel/Motel Rooms 2016 2017 2018 2019
1st
Half
2020
Affordable Inn 113 107 102 44 48 19
American Motel 138 383 263 240 197 110
Best Interstate 100 150 110 96 59 41
Comfort Inn 71 28 29 13 20 19
Holiday Inn Express 102 38 38 37 20 25
Howard Johnson 107 73 77 55 46 18
La Quinta Inn 129 14 20 25 10 15
Motel 6 91 109 66 103 66 76
Super 8 121 59 77 82 68 63
Total 961 782 695 534 386
The same is true when comparing the number of
case reports per room.
*There is a moderate positive correlation between the number of case reports in 2019 and the number of rooms in the hotel/motel (0.52 on a scale from -1.00 to 1.00).
Arrests at Hotels/Motels
From January 1,2016 through June 30,2020,there were 8,142 arrests throughout the city;1,176 of those were at our hotels and
motels.The top motels per year for arrests are highlighted.
Hotel/Motel Rooms 2016 2017 2018 2019
1st
Half
2020
Affordable Inn 113 52 34 18 12 3
American Motel 138 196 108 79 97 38
Best Interstate 100 61 33 32 16 13
Comfort Inn 71 3 9 1 4 7
Holiday Inn Express 102 12 13 7 9 5
Howard Johnson 107 26 14 10 8 3
La Quinta Inn 129 2 3 4 2 1
Motel 6 91 49 13 17 22 20
Super 8 121 34 22 25 25 14
Total 435 249 193 195 104
The same is true when comparing the number of
arrests per room.
*There is a moderate positive correlation between the number of arrests in 2019 and the number of rooms in the hotel/motel (0.54 on a scale from -1.00 to 1.00).
Top 5 Highest CFS in Wheat Ridge
*Not including the police department
0
100
200
300
400
500
600
LMC American Motel Yukon Ct Apts Colorado Crisis
Center (Detox)
Motel 6
Arrests at Wheat Ridge Hotels
In 2019, 7% of all arrests citywide occurred at the American Motel.
0
50
100
150
200
250
2012 2013 2014 2015 2016 2017 2018 2019
#
o
f
A
r
r
e
s
t
s
Affordable Inn
American Motel
Best Interstate
Comfort Inn
Holiday Inn Express
Howard Johnson
La Quinta Inn
Motel 6
Super 8
Hotel/Motel Analysis
According to the data from the first half of 2020,it appears as though
this year will be consistent with years past.It is likely that the Wheat
Ridge hotels will once again be the top locations for calls for service,
case reports,and arrests in 2020.
1
Memorandum
TO: Select Extended Stay Lodging Industry Leaders FROM: City of Wheat Ridge Community Development and Planning Staff DATE: August 2019 SUBJECT: Extended Stay Lodging Regulatory Approach (August 2019 preliminary draft)
What follows is an outline of a possible approach to define and further regulate Extended Stay
Lodging facilities in the City of Wheat Ridge. The approach is based generally on feedback City
staff received from City Council at a Council study session meeting on July 15. This outline was drafted, in part, as a way to communicate the City’s proposed approach to two audiences: 1) the existing Extended Stay Lodging industry; and 2) existing hotels/motels in the City. Please keep in mind that the Council direction received thus far has been very preliminary in nature and may
change based on the public input we receive.
1. Definition of Extended Stay Lodging Following is a draft definition of Extended Stay Lodging (ESL).
“A transient lodging establishment constructed and operated to provide
accommodations for longer term stays by including additional common area
amenities and in-room cooking facilities beyond what might be provided in a standard hotel/motel establishment.”
2. Zone Districts and Approval Process
ESL facilities are proposed to be allowed in the following zoning districts:
• Commercial-One (C-1) through a special use permit process (similar to existing
hotels/motels)
• Commercial-Two (C-2) through a special use permit process (similar to existing hotels/motels)
• Mixed Use-Commercial (MU-C) and all MU-C sub-districts as a conditional use permit
• Mixed Use-Neighborhood (MU-N) as a conditional use permit
ATTACHMENT 2
2
3. Physical and Operational Characteristics and Duration of Stay The City is proposing to limit duration of stay in the following manner:
• Limiting the duration of occupancy in ESL to a maximum of 30 consecutive days (this aligns with adopted Building Codes; occupancies longer than 30 days are no longer considered transient and must meet residential building codes)
• Additionally, it is proposed to limit the duration of stay for one party to a maximum of 120 days in any calendar year (this is intended to avoid people circumventing the intent of the 30 consecutive day requirement; however it was noted at the Council study session that some larger corporations sometimes book rooms for longer blocks of times if they have frequent recurring business in a particular location)
• Lastly, to distinguish ESLs from hotels/motels, maximum duration of stay for hotels/motels is proposed at either 10 or 14 consecutive days 4. In-Room Characteristics
The City is considering requiring certain in-room characteristics to make extended stay lodging more appropriate/habitable for longer term occupancies, such as the following:
• Minimum size for entire unit
• Minimum size for living room
• Requirement to have a defined bedroom
• Minimum kitchen/cooking facilities (fridge, cooktop, dedicated sink, cabinets with
cooking/dining supplies)
• Maximum sleeping occupancy per room/unit
• Prohibition of storing personal possessions on exterior balconies, interior corridors or in a manner that prohibits adequate movement and ingress/egress within the unit, with
exceptions on balconies for things such as bikes, strollers, and possibly coolers
• Available daily housekeeping 5. Common Area Characteristics
The City is considering requiring certain common area amenities that make ESLs more attractive and of higher quality for longer-term occupants, such as the following:
• 24-hour front desk staffing
• Prohibition of storage of any personal possessions within shared common areas of building and/or site
• Require a business center of a certain size
• Require a fitness center of a certain size
• Require a heated swimming pool of a certain size
• Require in-room or common area laundry facilities
• Require meeting areas/conference rooms
• Require on-site restaurant or other available food options
• It could be a certain number of the above amenities, or others that an operator might propose as part of the City review process, could suffice, in lieu of providing all of
them
3
6. Existing Hotels/Motels Some existing hotels/motels in Wheat Ridge have been observed to be operating (at least in part)
as a longer term housing solution, but generally lacking the in-room and common area
characteristics that the City is proposing may be minimum standards for being allowed to operate as an ESL. To address this condition, the City is proposing the following policy approach:
• Existing hotels/motels who have clientele occupying rooms for periods longer than 10-14
days would be given a grace period of a minimum of 60 days (TBD) to come into compliance with any new duration of stay regulations
• Existing hotels/motels may be allowed to convert a portion of their rooms to ESL rooms, provided they meet some but not necessarily all of the “in-room” and “common area”
characteristics summarized above (TBD) 7. Exceptions The City recognizes that there may be a basis for certain exceptions from the maximum durations of stay restrictions for certain person and in certain situations. The following is a
preliminary list of possible exceptions to the 30-day maximum duration of stay restriction:
• Persons or families in crisis and receiving temporary housing assistance from a governmental, charitable or insurance agency
• Resident, on-site manager
• Family members caring for someone in a long term hospital or rehabilitation situation