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HomeMy WebLinkAboutCity Council Meeting Agenda 10-11-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 11, 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 the 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 October 11, 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: 849 0054 0257 and Passcode: 895854 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. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes of September 13, 2021 and September 27, 2021 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES National Pedestrian Safety Month PUBLIC’S RIGHT TO SPEAK a. Members of the Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Public’s Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: October 11, 2021 Page -2- b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Member 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 the annual police body-worn camera system contract payment to Axon Enterprise Inc. in the amount of $86,880.00 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING 2. An ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article XIV Entitled Hotel Licenses and in connection therewith, adding reference to Extended Stay Lodging in Chapter 26 use schedules DECISIONS, RESOLUTIONS, AND MOTIONS 3. A resolution adopting the City budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2022 budget year 4. A resolution levying general property taxes for the year 2021, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2022 budget year 5. Motion to approve a memorandum of understanding and data sharing agreement between the City of Wheat Ridge, Colorado, and Housing Connector CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 13, 2021 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. All eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Scott Cutler, Project Manager; Karen O’Donnell, Director of Parks and Recreation: Director of Community Development, Ken Johnstone; Director of Business Development, Steve Art; Police Chief Chris Murtha; Wheat Ridge Urban Renewal Authority, Steve Art other staff, Senior Planner, Scott Cutler; Chris Auxier with Storybuilt; guests and interested citizens. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of August 23, 2021 were approved as published (with the correction of one typo). APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Mayor Starker read and presented two Proclamations: Arvada Wheat Ridge Service Ambassadors for Youth Twentieth Anniversary The proclamation recognized Arvada Wheat Ridge Service Ambassadors for Youth, to honor its founders and the volunteers from twenty community organizations who have sustained this organization for two decades, and to congratulate the young people who have become confident members and leaders of our community because of this unique and special program City Council Minutes September 13, 2021 page 2 National Hispanic Heritage Month – September 15 to October 15 The Proclamation encouraged residents of Wheat Ridge to celebrate the cultural, professional, educational, and civic contributions of the Hispanic community. Where throughout history, Hispanic Americans have enriched the American way of life and recognized the millions of Hispanic Americans whose love of family, hard work, and community have helped unite us as a nation. PUBLIC’S RIGHT TO SPEAK Jessie Hill, 2995 Chase St. came to ask Council to consider more affordable housing in Wheat Ridge. He commented on the lack of affordable housing availability. He noted the several housing options in the Council Packet but emphasized the unseen barriers to affordability. In particular, he asked that Council carefully include auxiliary dwelling units (ADU) in the Wheat Ridge plan for affordable housing because it has proven to be highly effective as a means to provide affordable housing. Note about Wheat Ridge Speaks: Members of the Public 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 members of the public 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). Members of the public posted these comments to Wheat Ridge Speaks this week: My initial reaction to the proposed development on 38th and Eaton St. was Absolutely Not, knowing the huge impact it will have on the people living on Eaton St. I changed my mind somewhat after looking on Storybuilt's website and seeing their plans of 21-23 townhomes and accepting this as another one of our "new normals". The design looked very appealing, and the area being developed could use a little revitalization and new life. The new plans are for 26 townhomes, packing as many onto the site as possible and having 4 of the townhomes up close and personal (too personal...) to our property and two of our neighbors to the south. My backyard is my sanctuary. I treasure the privacy I have out there. I also get great pleasure from all the creatures that come through there as well. Unfortunately, development has run amok with no consideration for what was once there or on how it impacts the neighborhood. This will greatly impact me personally, losing all of my privacy (probably most of the animals that come visit too). Upon seeing that the plans show the trash receptacles being placed on tract in the NE corner of the development (butting up to our backyard and our neighbors to the south) I feel like that as almost a slap in our face in regard to being a "good neighbor" in the design development. To the developers, you are welcome to spend some time with me in my backyard to get my perspective on how your development will change everything. September 13, 2021, 11:28 AM Nicki Conway 3901 Eaton St City Council Minutes September 13, 2021 page 3 Wheat Ridge, 80212 We are not opposed to development of this corner however this development is too dense, and is not at all in keeping with the Eaton St. neighborhood. Currently from 41st street to 38th there are 27 single family homes on Eaton. This proposal doubles the density on the block and crams the homes onto 1.25 acres. I attended the planning meeting via zoom and was surprised to learn that at some point in Wheat Ridges history a statute was approved that allows 21 homes to an acre. I have no idea what the spirit of that statute was or why it was ever approved, but just because statute allows it doesn't mean it should be approved. This design also has an exit onto Eaton street. The traffic on Eaton street will more than double, however, City planning staff said something to the effect "they had a study done once and they didn't see the need for another one". I have no idea when this study was done, I assume it was when a previous developer sued our neighborhood, however, common sense says, today there is virtually no traffic coming in and out onto Eaton St. (maybe 1 or 2 cars a day) after this development there will be a massive amount of traffic coming out onto Eaton. To imply that there will be no change to traffic on our quiet street is simply not true. This development should be reconfigured to provide for both the entrance and the exit to be on 38th. The planning commission did ask the City planners if this was possible, and the City planners reply was something like "it would be possible, but it would be very difficult". I can tell you it will be way more difficult on the current neighborhood if that exit is allowed to stay on Eaton St. If it is allowed to stay, then it must be a right turn only exit and that right turn must be enforced to keep the traffic off of Eaton. Eaton is a very narrow street with no curbs or gutters, since school has started, we have buses travel Eaton St. twice a day. Recently the bus had to stop and wait for someone to come move their car because it could not get through. This is concerning for the health and safety of the Eaton street residences. It sounds like the planning staff had fire and police look at the development itself to make sure that it could access those 26 homes, however, I don't think they evaluated what will happen when those residence start parking up and down Eaton on both sides of the street. If a school bus could not get through, then firetrucks and ambulances will not be able to get through. Prior to the sale of the properties in question I hosted a neighborhood meeting with a developer who indicated they were proposing to build 14 row homes on this property. I mistakenly thought that developer was this current developer, storybuilt. Well sadly this developer storybuilt has never even reached out to anyone who lives on Eaton street. Again, common sense, common courtesy and just trying to be a good neighbor, you would think this developer would have reached out. To not even reach out it is clear they don't care. They don't care about our opinions, the impact on our neighborhood and/or what this will do to Wheat Ridge. This developer is based in Austin and has never built a development in CO. We have no idea or examples of the quality of their work. We have no idea of the relationships or contacts they have with the local people they will have to sub to get this job done. They have employed some people in CO, I think the person who presented lives out North. So really no one with this developer has any idea or commitment to the character, culture or deep sense of community that Wheat Ridge is so well known for. The only somewhat close neighbors they spoke to were the Incarnation development. That conversation was about the alley/walkway running from Incarnation towards 38th. That walkway is not kept up, there is broken lighting, weeds and it runs next to businesses that have boarded doors with spray painted "blocked doorway" signs. The developer is using this walkway as a selling tool to promote the developments "walkability". My guess is there will be so much traffic going in and out of this cramped development that walking or riding a bike through or around the development will be dangerous, especially for children and pets. While listening to the comments of the planning commission it sounds as if they only approved this development because they felt they were backed into a corner and had no choice because City Planning staff said it meets all City requirements. I am pleading with City Council to take a deeper look. Push back on the density, dig into what the "spirit of the law" was when 21 homes to an acre was written (this developer could easily cut down on the number of units and reconfigure the entrance and exit.) Despite what the planning department staff says the traffic increase on Eaton street will be dramatic and dangerous. Fire and Police have to get re-engaged and assess what the impact to Eaton street will be in an emergency situation. Someone from the City must look at the width of Eaton street, it seems more narrow than surrounding blocks so parking will absolutely be a City Council Minutes September 13, 2021 page 4 huge issue. It is imperative that City Council deep dive this situation before approving. I believe the density alone should be reason enough for a formal protest. Thank you for reading, listening and acting on behalf of your citizens. September 12, 2021, 9:59 PM Susan R. Hartley 4015 Eaton St. Wheat Ridge , 80212 I believe the Storybuilt proposal is in line with the City's declared efforts to revitalize 38th Avenue into a "Main Street" feel and more appealing place. That well-publicized goal was actually one reason we moved here six years ago. Freshening up the avenue's landscape, taming it as a raceway, and encouraging new growth in that corridor can make it more welcoming to pedestrians and families and foster local restaurants and businesses. Many younger people are attracted to more contemporary notions of home and housing type than was my generation. Good-quality design and oversight can bring fresh blood into a community without damaging the appeal of the older community, as has happened on certain blocks of Tennyson Street. I live nearby the construction site and support the proposal. However, I do not border it. Homeowners, especially those who live next to the property or nearly so, have legitimate questions and concerns about traffic congestion on Eaton Street and other issues that deserve to be heard, and hopefully mitigated. As an aside, I would ask the Council to consider a pedestrian crosswalk at Fenton Street where the property is located across 38th Avenue. This would make walking between Panorama and Randall parks much less nerve wracking across 38th. Thank you. September 12, 2021, 11:12 AM Thad Keyes 5730 W. 39th Place Wheat Ridge, 80212 Water. Water. Water. How is increasing density here and its subsequent demand for water protecting the health & well-being of your citizens as you were elected to do? Developing beyond our resources in Jeffco is reckless and short-sighted. There are reasons many out of state developers and investors would like to further build in the area, but what level of human intelligence locally allows development denser than the land and resources can support. There ARE places in Colorado and elsewhere that would love this development and have the resources to support it. It is time developers started looking to those places vs destroying existing, built-out areas. Thank you for your consideration and taking the time to individually research for yourselves the water supply issue for this county. September 10, 2021, 11:41 AM Rev Imara 1001 e 62nd Av. Denver, 80216 We are 30-year Wheat Ridge residents and live within a few hundred feet of this proposed major new development with a clear view from our kitchen window. We have several concerns we would like addressed and hear about mitigation plans. 1. Increased traffic congestion 2. Population density 3. Noise from people, pets, traffic, heating and cooling machinery and trash collection 4. Obscured sightlines 5. Mature tree removal 6. Pedestrian safety and ease of movement crossing the street 7. Environmental impacts September 8, 2021, 7:53 AM Douglas Jacobson 5805 W 37th Pl. Wheat Ridge, 80212 1. CONSENT AGENDA Discussion began at approximately 7:48 PM Councilmember Dozeman introduced the consent agenda. City Council Minutes September 13, 2021 page 5 a. Resolution No. 42-2021 - a resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-motorized Trail Grant for Bass Lake Boardwalk Improvements b. Resolution No. 45-2021 - a resolution in support of an application to the Colorado Department of Local Affairs Affordable Housing Strategies Planning Grant Program for a Wheat Ridge Housing Strategy and Action Plan Motion by Councilmember Dozeman to approve Consent Agenda Items a.), and b.) Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:09 pm 2. Resolution No. 44-2021 – A Resolution approving a major subdivision at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) Zone District (Case No. WS-21-03/Judy Townhomes) Councilmember Hultin introduced Resolution No. 44-2021. Issue The applicant is requesting approval of a major subdivision on property located at 5725 and 5785 W. 38th Avenue. The purpose of the request is to subdivide the property into 26 townhome lots in a total of four buildings, plus two tracts. The plat is required to divide the property, allowing each townhome in the development to be owned separately. Mayor Starker opened the public hearing and declared that all who will appear before Council tonight on this matter must tell the truth, the whole truth and nothing but the truth. Staff Presentation Scott Cutler gave a detailed presentation and entered into the records the case for a major subdivision that was previously heard and approved by the Planning Commission. Among many details, he explained that this subdivision approval does not involve a zoning change. Chris Auxier, representing Storybuilt, the developer of the proposed subdivision, gave a detailed presentation on his firms plans. He leads the Denver market region for his firm, which is headquartered in Texas. He discussed how his firm’s plans are consistent with the 38th corridor development plans. Public Comment Matt Filipini, 3905 Eaton St., came to comment on the subdivision plan, which he asserts is not a good use of this location for the neighborhood. He also reported hearing from the developer that only 12 units were to be built, not 22. He believes if this City Council Minutes September 13, 2021 page 6 plan is approved then the quality of life, the urbanscape, and the health and safety of the existing neighborhoods. Jennifer Filipini, 3905 Eaton St. She stated again that the developer told the neighborhood residents one story and now puts forth a much denser plan. The developer showed us a lot of smoke and mirrors. Turing Eaton and 38th into an even more rush hour crowded thoroughfare with this plan is unacceptable. Karen K. Case owns the property and 3841 Eaton St. where she lived for 40 years. The proposed subdivision is adjacent to her property. She is adamantly opposed to the subdivision plan as presented, for reasons of safety, quality of life and property values. This developer has made no effort to contact the neighbors. Eaton St. is a prime example of Wheat Ridge neighborhoods and this proposed subdivision will degrade that area. We want input and to share ideas before this plan is approved. John Conway, 3901 Eaton St., has lived in WR for 40 years and at his Eaton St. address for 28 years. He has heard three issues repeatedly from his neighbors: density, density and density. He is concerned about the same issues his neighbors have expressed here tonight. He noted that this project will increase the number of homes from 2 to 22. Todd Harley has lived in Stewart Gardens for 28 years. This new development will add 26 new homes to the neighborhood and completely change the profile and ambiance of the neighborhood. He opposes this project because it imposes too much density, not only in this subdivision but also in the next one and the ones to follow. The developer has proposed only one plan. We residents want input on a plan that will not involve so many new high density housing units., Jared Leidcth, 3880 Eaton St. spoke against this plan as too dense and not compatible with the existing neighborhood. Even though this subdivision is along 38th Avenue, the bigger impact will be along Eaton St and seriously degrade the quality of life for the residents in this neighborhood. Council Questions and comments Councilmember Nosler Beck asked the developer to explain the floor plans for the proposed units. The developer gave a detailed response. He also claimed that other developers who came before his firm proposed different plans, including a 12-unit plan for the site. His asserted that his firm never stated that there would be a 12-unit plan. Councilmember Hultin asked whether there has been a neighborhood meeting with the developer, and he replied that Community Development held those meetings. Councilmember Hultin asked how the plan includes some accommodation for traffic flow and safety. Mr. Johnstone gave a specific answer. She asked a more detailed engineering question about ingress, egress and traffic flow and Mr. Johnstone asked Jordan Jeffries, Civil Engineer, to answer; and he did. Among other details Mr. Jeffries indicated that traffic analysis leads to the conclusion that the subdivision will add very little traffic to Eaton St. City Council Minutes September 13, 2021 page 7 Councilmember Urban commented that we need to understand that this location will be developed, and he thinks this plan is workable so long as we attend to the traffic ingress and egress issues. Councilmember Hoppe asked about the Code and Charter exceptions to development for the 38th Avenue corridor. Mr. Johnstone provided a detailed answer. Councilmember Hutchinson asked the developer how long this project construction would require. The developer estimated 18-months, depending on how quickly the units sell. She also asked him if this is affordable housing and the developer answered no, but that the development will offer housing at a cost below average. Councilmember Stites asked about on-site parking and the impact of the subdivision on parking in the area, especially along Eaton St. The developer replied that every unit has a garage, the larger units having a two-vehicle garage. The Councilmember also asked if the City could restrict parking along the adjacent streets, especially Eaton. Mr. Johnstone provided a specific reply. Councilmember Weaver asked about the impact of the plan on mature trees and the adjacent cityscape aesthetics. Is there a way that we can better shield the neighbors from the impact of the subdivision with more attention to the mature trees and ways to abate noise? Councilmember Dozeman asked about deed restrictions that this subdivision plan anticipates. Staff stated that we are not a party to such restrictions. Any such deed restrictions are an agreement between the developer and the buyers. Councilmember Hultin asked whether the City can impose conditions on the subdivision plan to address some of the residents’ concerns expressed here tonight. Mr. Johnstone again provided a reply. Mayor Starker closed the public hearing. Motion by Councilmember Hultin to approve Resolution No. 44-2021 – A Resolution approving a major subdivision at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following condition: City Council Minutes September 13, 2021 page 8 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat. Motion seconded by Councilmember Hoppe; motion carried 5-3, with Councilmembers Nosler Beck, Hutchinson and Dozeman voting nay. Councilmember Hoppe commented on the residents’ concerns that were expressed about previous projects along 38th Avenue. She has observed that the traffic concerns in those cases never materialized. In order to build strong and diverse communities we need to build more varieties of housing, and this project does that. Councilmember Dozeman stated she has a lot of concerns, including a lack of community engagement and input. If we vote in favor of this subdivision tonight, then the remaining steps will push through administratively. She agrees with Councilmember Hoppe’s sentiments but also knows how concerned our residents are with density of housing. Councilmember Hultin commented that we need more affordable housing, and we must respect homeowners’ concerns. However, this project fits the 38th Avenue development plans and in balance this project adds more to the City than it detracts. Because this is not a rezoning, and the developer has come to this point without a zoning change request, she supports this project along a main corridor within the current zoning. She expects to vote in favor with the understanding that the developer will meet with the neighborhood residents. Councilmember Hutchinson stated that the people of Wheat Ridge like the City as it has been since it was chartered decades ago and they consistently oppose high density, high rise buildings, traffic and noise. She supports the residents’ concerns as expressed tonight and online. Councilmember Stites recalled he was born and raised here, but when he was entering the housing market in his mid-20s he could not find anything affordable in Wheat Ridge. He will support this motion because we need the housing, and this does not involve a zoning change. He will vote yes, expecting like Councilmember Hultin that the developer will work to build a dialogue and really listen to the neighbors. Councilmember Hultin recalled previous projects that inspired neighborhood objections but when built those previous projects were completed the neighborhood concerns never developed. 3. Council Bill No. 14-2021 - An Ordinance approving an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority and in connection therewith approving the conveyances of real property to and from the City. Councilmember Stites introduced Council Bill 14-2021 City Council Minutes September 13, 2021 page 9 Issue The Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge (RWR) owns property located at 7690 W. 38th Avenue which has been under active environmental remediation since 2013. The Colorado Legislature passed Senate Bill 14-073 which provides a state income tax credit for the environmental remediation of contaminated land. State law requires that the City both pay for the remediation and own the land to be eligible for the tax credits. The City has on an annual basis provided funding to RWR to pay for the environmental remediation of the property. This ordinance will convey the property to the City in order to obtain the tax credit certificate and then convey the property back to RWR once the tax credits are secured so that RWR can sell the property to the Wheat Ridge Corners development for future redevelopment. 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. 1720 Staff Presentation Mr. Goff and Mr. Dahl recapped the process through which we arrived at this proposed Ordinance and the issues it resolves. Steve Art gave a detailed background summary of the location along with the financial impacts listed the financial impact where the sale of the tax credits is estimated to generate approximately $280,000. Public Comment No one came forward to speak. Council Questions and comments Councilmembers had no questions or comments, having thoroughly studied this matter previously during a Study Session. Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve Council Bill 14-2021 – An Ordinance approving an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority and in connection therewith approving the conveyances of real property to and from the City, on second reading, and that it take effect upon approval by Renewal Wheat Ridge of the Intergovernmental Agreement, but in no event later than November 20, 2021, as permitted by Section 5.11 of the Charter, seconded by Councilmember Urban, motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at approximately 8:51 PM City Council Minutes September 13, 2021 page 10 4. Council Bill No. 16-2021 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property (Case No. ZOA-21-02) Councilmember Weaver introduced Council Bill 16-2021. The zoning code in Chapter 26 of the Code of Laws includes very few regulations related to outdoor recreational equipment. City Council has determined that it is appropriate to amend the code to limit the size of private recreational equipment, particularly those which are permanent in nature. The purpose of this amendment is to allow for reasonable, common sense enjoyment of recreational equipment in residential yards. Motion by Councilmember Weaver to approve Council Bill No. 16-2021 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property (Case No. ZOA-21-02), on first reading, order it published, public hearing set for Monday, September 27, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect fifteen days after final publication, seconded by Councilmember, motion carried 8-0. 5. Council Bill No. 15-2021 - An Ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem Councilmember Nosler Beck introduced Council Bill 15-2021. As a part of the 2022 budget process, staff conducted a survey of other Colorado municipalities concerning the compensation for Mayors and Councilmembers. Survey results indicated Wheat Ridge compensation is significantly lower than neighboring communities. This ordinance increases compensation for the Mayor, Councilmembers and Mayor Pro Tem and requires that this compensation is reviewed every six years by City Council. Motion by Councilmember Nosler Beck to approve Council Bill No. 15-2021 - an ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem, on first reading, order it published, public hearing set for Monday, September 27, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption, seconded by Councilmember Urban, motion carried 8-0. Councilmember Hutchinson asked whether the people running for election on November 2, 2021 can benefit from this proposal. The Mayor answered her question yes. DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 43-2021, a resolution authorizing submittal of an application to the Jefferson County Open Space Land Conservation Partnership Program for funding to support the acquisition of 4100 Gray Street, and in connection City Council Minutes September 13, 2021 page 11 therewith, approving the acquisition by the City of real property for addition to Randall Park Councilmember Urban introduced Resolution No. 43-2021. Issue The Parks and Recreation Department would like to acquire and conserve the 4100 Gray Street residential lot, which is adjacent to the southwest corner of Randall Park. The current owner has contacted the City about its availability and given the City the option to purchase the property for market value. Should the City purchase the 0.16- acre property, the 1,110 square foot, circa 1951 house would be demolished and the property would become part of Randall Park. The Parks and Recreation Department is applying for a grant through the Jefferson County Open Space (JCOS) Land Conservation Partnership Program. The program will fund up to 25% of the cost of a local land acquisition. A resolution of support is required from City Council to apply for this funding program. Staff Presentation Karen O’Donnell, Director of Parks and Recreation presented on the issue to include that the acquisition of this property would expand the park to one city square block. It is proposed by City staff to convert the usage of the area into a community garden. The construction of a community garden would address equity issues as the City currently houses only one community garden several miles away. It would also help to bolster the current initiative for the increase in sustainable agriculture and food security for the Wheat Ridge community. Public Comment No one came forward to speak. Mayor Starker closed the public hearing. Council Questions Councilmembers thanked the staff for their work long and hard work on this project. Councilmember Weaver commented that she is very excited about this plan. Councilmember Hultin asked staff for a timeline and staff provided a detailed response. Motion by Councilmember Urban to approve Resolution No. 43-2021, a resolution authorizing submittal of an application to the Jefferson County Open Space Land Conservation Partnership Program for funding to support the acquisition of 4100 Gray Street, and in connection therewith, approving the acquisition by the City of real property for addition to Randall Park, seconded by Councilmember Hultin, motion carried 8-0. Councilmember Hoppe proposed that Council reschedule the Special Study Session scheduled for later this evening. City Council Minutes September 13, 2021 page 12 CITY MANAGER’S MATTERS Mr. Goff thanked staff, especially Allison Scheck, for their hard work on the proposed 2022 budget. He reminded the Council and members of the public of the upcoming study session and formal public hearing on the budget. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS Councilmember Dozeman thanked Local Works for their success with an event she attended recently, which was highly successful and much appreciated. This Saturday, September 18 from 8 a.m. to 12 p.m. More details to follow Councilmember Hultin echoed Councilmember Dozeman’s comments about the recent Local Works event. She will convene a District II meeting on October 2 at 10 a.m.; further details to follow. Councilmember Weaver noted the passing of a former Councilmember Hanley. Councilmember Stites and Councilmember Weaver held a free dumpster drop at Louise Turner Park that was highly successful. The event filled three dumpsters. He also thanked Guy Nahmiach for his many years and hundreds of hours of volunteer work. The Mayor thanked Chief Murtha for attending the most recent Coffee with the Mayor to discuss community policing. The Mayor thought the discussion was helpful and fruitful. He also asked that we drive carefully and take care of one another. ADJOURNMENT The meeting adjourned at 9:13 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON September 27 , 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. City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 27, 2021 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. All eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Deputy City Clerk, Robin Eaton; Karen O’Donnell, Director of Parks and Recreation; Lauren Mikulak, Planning Supervisor; Kayla Betzold, Sustainability Coordinator; other staff, guests and interested citizens. APPROVAL OF MINUTES There were no minutes approved this night APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES Mayor Starker read and presented the Proclamations and Awards Domestic Violence Awareness Month (October) The Proclamation reminded everyone that domestic violence impacts countless Coloradans, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities. Where the city and the Wheat Ridge Police Department is committed to providing assistance to victims and witnesses of crime and other traumatic events through victim assistance partnerships, awareness-related efforts, and events. City Council Minutes September 27, 2021 page 2 Accepting the proclamations were CEO Scott Shields and Rachel Rodriguez, both of The Family Tree. Thanking the Mayor and City of Wheat Ridge for their actions. Breast Cancer Awareness Month (October) The Proclamation encouraged residents of Wheat Ridge to seek early breast cancer detection, diagnosis and treatment. Where one in eight women will be diagnosed with breast cancer within their lifetime; and when breast cancer is detected early and is in the localized stage, the five-year survival rate for women is 99%. The awareness campaign is remembering those who have lost their fight against breast cancer, standing with those who remember their loved ones and continuing to support our Nation’s advocates. Accepting the award was Dr. Karng, Medical Director of Oncology Services at Lutheran Medical Center. Sustainable Neighborhood Certification Awards Mayor Starker announced two neighborhood awards to Applewood Village and Paramount heights who through their neighborhood accomplishments, achieved enough credits for the awards. After presentations by Sustainability Coordinator Kayla Betzold, the awards including their own street signs, were accepted by Chelsea Villaba and for Paramount Heights, whose award was accepted by Joy Opp. PUBLIC’S RIGHT TO SPEAK Ihor Figlus spoke about his concerns with the bulk plane building regulations, being an issue that has appeared on citizens surveys and some were disappointed when it was delayed. He would like to see it brought back as an agenda item soon, as construction has not abated, and the problem has not gone away. Note about Wheat Ridge Speaks: Members of the Public 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 members of the public 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). I applaud the council's action and fully support the amendment which will improve the quality of life for many of us who have had to endure the actions of the few who believe it is City Council Minutes September 27, 2021 page 3 okay to construct so called unregulated "play structures" without regard to the impact on everyone else who lives around them. Thank you, Wheat Ridge council and members of the public for their support of this commonsense approach to improving the quality of life and maintaining the value of homes for us all in the community going forward. Having said that, it would be better to restrict the height of structures to no more than the height of a standard privacy fence (6ft). The current proposal (12ft) would still allow fully grown adults using structures to tower up to 18ft over a neighbor’s yard and impact privacy and noise at all hours of the day. Thank you for your consideration. September 27, 2021, 9:43 AM Peter Baccarini 11065 Linda Vista Drive Lakewood, 80215 CONSENT AGENDA Discussion began at approximately 7:29 PM Councilmember Hoppe introduced the consent agenda. a. Resolution No. 47-2021 - a resolution by the City of Wheat Ridge, Colorado in support of joining Colorado Communities for Climate Action Issue Colorado Communities for Climate Action (CC4CA) is a coalition of counties and municipalities advocating for strong state and federal climate policy. To become a CC4CA member, all agencies are required to pass a resolution in support of joining the program. b. Resolution No. 48-2021 - a resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for consulting work from the Leave No Trace Center for Outdoor Ethics Issue The Parks and Recreation Department is applying for a Colorado Parks and Wildlife (CPW) Non-Motorized Trails grant for funding for the Leave No Trace Center for Outdoor Ethics to consult on research, analysis, and recommendations for implementing and communicating the Leave No Trace principles throughout the trails and trailheads within the Wheat Ridge Greenbelt and Lewis Meadows Open Space. A resolution of support is required from City Council to apply for this grant. Motion by Councilmember Hoppe to approve Consent Agenda Items a.), and b.) Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:33 pm City Council Minutes September 27, 2021 page 4 2. Council Bill No. 16-2021 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property (Case No. ZOA-21-02)Councilmember Stites introduced Council Bill 14-2021 Councilmember Weaver introduced Council Bill 16-2021 Issue The zoning code in Chapter 26 of the Code of Laws includes very few regulations related to outdoor recreational equipment. City Council has determined that it is appropriate to amend the code to limit the size of private recreational equipment, particularly those which are permanent in nature. The purpose of this amendment is to allow for reasonable, common sense enjoyment of recreational equipment in residential yards. 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. Deputy City Clerk Eaton assigned Ordinance No. 1721 Staff Presentation Planning Supervisor Lauren Mikulak gave a brief summary of prior actions of the proposed amendment with descriptive terminology of the building code, along with the code amendment and its goals. Where the building code has explicit requirements related to pools but specifically exempts play structures from permit requirements. Section 5-76 of the municipal code amends section 105.2 of the International Building Code (IBC) and exempts certain smaller types of recreational improvements. The zoning code (Chapter 26 of the municipal code) offers less clarity when it comes to play equipment. Historically, pools which have been subject to building permits have also been required to meet setbacks and coverage requirements; other types of recreational equipment have not been required to meet zoning requirements. Additionally, the ordinance modifies the variance regulations making recreational equipment eligible for a variance. Public Comment Kathleen Baccarini owns property in Wheat Ridge, who along with her tenant, are greatly impacted from this structure and voiced her support for this ordinance. The impact, she said, is to many other people in the neighborhood as well. Council Questions and comments City Council Minutes September 27, 2021 page 5 Councilmember Hultin asked about calculating variances, how those would be reviewed and the amortization schedule for existing in-ground pools. Ms. Mikulak answered with the nine criteria that are listed in code that are adhered to and how they applicant fundamentally needs to show how the rules that apply to all, need to not apply to the request for a variance. Ms. Mikulak clarified that the dimensional standards would not apply to those types of in-ground pools. Mayor Starker closed the public hearing. Motion by Councilmember Weaver to approve Council Bill 16-2021 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property (Case No. ZOA-21-02, on second reading, and that it take effect 15 days after final publication, seconded by Councilmember Urban. Discussion on the motion Councilmembers Weaver and Stites applauded staffs work, along with the neighborhoods involvement and patience on this issue that went into changing the code. Councilmember Hultin brought up the proposed trampolines specifically not listed as not permanent structures and thought it should be left up to the discretion of the reviewer and proposed an amendment to the motion. Amendment to the Motion by Councilmember Hulin that in Section 3. F. 5, that the word above-ground Trampoline specifically, is stricken from the list of recreational equipment, seconded by Councilmember Weaver. Discussion on the amendment by Councilmember Urban asking for clarity from City Attorney Dahl who responded the list of examples relates back to the first paragraph and the list may or may not be permanent. As this is not permanent, it doesn’t prevent the reviewer from inferring it might be permanent or not. Amendment to the motion carried 5-3 with Members Nosler Beck, Dozeman and Urban voting no. Discussion on the main motion continued with Members Hoppe, Dozeman and Nosler Beck appreciating everyone’s efforts but will not be supporting the measure, while Members Weaver and Urban spoke on its behalf. Original motion carried 5-3 with Members Nosler Beck, Dozeman and Hoppe voting no 3. Council Bill No. 15-2021 - An Ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem City Council Minutes September 27, 2021 page 6 Discussion began at approximately 7:51 pm Councilmember Nosler Beck introduced Council Bill 15-2021 Issue As a part of the 2022 budget process, staff conducted a survey of other Colorado municipalities concerning the compensation for Mayors and Councilmembers. Survey results indicated Wheat Ridge compensation is significantly lower than neighboring communities. This ordinance increases compensation for the Mayor, Councilmembers and Mayor Pro Tem and requires that this compensation is reviewed every six years by City Council. 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. Deputy City Clerk Eaton assigned Ordinance No. 1722 Staff Presentation Patrick Goff, City Manager summarized the city code where it spoke on the Mayors and elected officials compensation, whose last increase was in 1997 and 2001 respectively, as well as the survey results of surrounding areas and that a consensus was reached to increase the Mayor’s compensation to $21,600 annually, Councilmember’s compensation to $14,400 annually and to provide an additional $200 monthly stipend for the Mayor Pro Tem. Public Comment No one came forward to speak. Council Questions and comments There were no questions Mayor Starker closed the public hearing. Motion by Councilmember Nosler Beck to approve Council Bill 15-2021 – An Ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem, on second reading, and that it take effect upon adoption, seconded by Councilmember Urban, motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at approximately 7:55 PM City Council Minutes September 27, 2021 page 7 4. Council Bill No. 17-2021 - An Ordinance approving the rezoning of property located at 4535 Wadsworth Boulevard from Residential-Two (R-2) to mixed use-neighborhood (MU-N) (Case No. WZ-21-05 Councilmember Hultin introduced Council Bill 17-2021. The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4535 Wadsworth Boulevard. The zone change will result in a zoning that matches surrounding zoning designations, as well the character of the Wadsworth Corridor. Motion by Councilmember Hultin to approve Council Bill No. 17-2021 - an ordinance approving the rezoning of property located at 4535 Wadsworth Boulevard from Residential-Two (R-2) to mixed use-neighborhood (MU-N) (Case No. WZ-21-05), on first reading, order it published, public hearing set for Monday, October 25, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect fifteen days after final publication, seconded by Councilmember Stites, motion carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:57 PM 5. Motion to award a contract and approve subsequent payments of $2,784,939 to Farrington Construction for the Prospect Park Phase II Improvement Project and approve a contingency in the amount of $200,000 Councilmember Dozeman introduced the Motion. Issue The award of this contract will continue the efforts to revitalize Prospect Park with the addition of several park amenities: replacement of the main picnic pavilion/shelter; re- routing of the main drive into the south parking lot; relocation of the playground, adding amenities including cornhole, horseshoe pits, and a small shelter; construction of a fishing pavilion on the northeast side of Prospect Lake; landscaping in the currently unimproved area on the north side of the park; and removal of current tennis courts with addition of lighted pickleball courts. Staff Presentation Karen O’Donnell, Director of Parks and Recreation presented on the issue to include the prior actions and phases, taken by City Council awarding a design contract and supplemental budget appropriation to include funding. The amount of $2,984,939 for this project is budgeted in the Open Space and Conservation Trust Funds. The funds shall provide for all general contractor costs as identified in the bid package. City Council Minutes September 27, 2021 page 8 Including but not limited to any demolition, mobilization, site management, site cleanup costs. Itemized costs for structural, mechanical, and electrical considerations have been provided by the contractor. It would also help to bolster the current initiative for the increase in sustainable agriculture and food security for the Wheat Ridge community. Public Comment No one came forward to speak. Council Questions Councilmember Dozeman asked for an update on the batting cages where Ms. O’Donnell responded that the cages are in disrepair but are not part of this phase. They might be taking them down or repurposed down the road. Councilmember Hutchinson stated that she was glad the plan included horseshoe pits, hoping they were regulation and inquired how many might be built. Councilmember Weaver expressed her excitement as well, directed to the plans for pickleball courts. Councilmember Nosler Beck inquired about lighting and activities in general occurring at night in the park. Ms. O’Donnell believed that pickle ball might be the only lighting in this phase of construction. Motion by Councilmember Dozeman to approve the motion to award a contract and approve subsequent payments to Farrington Construction in the amount of $2,784,939 for the Prospect Park Phase II Improvement Project and approve a contingency in the amount of $200,000, seconded by Councilmember Nosler Beck, motion carried 8-0. Mayor Starker closed the public hearing. CITY MANAGER’S MATTERS Mr. Goff announced that they received the concurrence from CDOT on the Wadsworth and will have a groundbreaking on October 12 at 10am. He stated that they are bringing the budget back for discussion on October 11 and you can post comments on What’s up Wheat Ridge. Also you can post comments there for the Green Project, the potential civic community space on 38th avenue regarding conceptual designs. This will be going on through October 15. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Council Minutes September 27, 2021 page 9 Deputy City Clerk Eaton spoke briefly on mail ballots being dropped off at the outdoor ballot collections boxes not needing postage but if one mailed them into the County, they would be required to pay for postage. Councilmember Nosler Beck is really excited about the sustainable neighborhoods coming to Fruitdale Councilmember Dozeman wanted to thank Jefferson County Open Space for hosting the trail clean-up this past Saturday. Many people posted and participated in the event and it was noticeably cleaner afterwards. She also noticed that half of the cyclist shared the trails with good cycling road manners and hopes the rest can also do so as there are many dogs, children and people using those trails as well. Councilmember Hultin wanted to remind everyone that she is hosting a District II meeting on October 2 at the Happiness Gardens pavilion at 10am and will be joined with a communications specialist for the Wadsworth project. She also wanted to give congratulations to the many District II businesses that won awards at the recent business awards breakfast that she attended. Councilmember Stites attended the really awesome block party for the Applewood area and wanted to congratulate the sustainable neighborhoods of Applewood and Paramount Heights. Councilmember Hoppe again thanked Scott and Rebecca who came in from The Family Tree tonight and mentioned that they have a virtual, how to help training on Wednesday October 27 and can go to familytree.org to attend that training. Please try to give to The Family Tree and Porchlight Justice Center if you have the means. The Mayor congratulated all of the businesses and people who participated in the business awards and who are doing business in Wheat Ridge. He had a great time at the event, and it was his pleasure to be there. He thanked Mr. Goff and his staff for helping to put that great event on. His last wish was for everyone to use caution and be careful driving in the city, with darkness and light changing rapidly. The children are still out playing, and people are enjoying the sunsets. Councilmember Dozeman added that she want to congratulate Mr. and Mrs. Stites for winning business of the year for their martial arts studio. She stated it was well deserved and they had adapted and pivoted very well during the COVID crisis. This has allowed many people to have a sense of normalcy. ADJOURNMENT The meeting adjourned at 8:11 pm. _____________________________ Robin Eaton, Deputy City Clerk City Council Minutes September 27, 2021 page 10 APPROVED BY CITY COUNCIL ON October 11, 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 PROCLAMATION NATIONAL PEDESTRIAN SAFETY MONTH OCTOBER 11, 2021 WHEREAS, the City of Wheat Ridge strives to be a comfortable and safe place to walk and ride a bike for people of all ages and abilities; and WHEREAS, children walk along our corridors, through our neighborhoods, and cross our streets on their way to Wheat Ridge schools; and WHEREAS, the CDC states that physical activity such as walking can help improve overall health, and lower the risk of heart disease, stroke, Type 2 diabetes, depression, and some cancers; and WHEREAS, the benefits of walking extend beyond personal and physical, to environmental benefits that can lead to healthier, quieter, cleaner, and safer streets. Walking can also improve local economies and enhance social and community engagement, leading to more vibrant, resilient, and livable spaces; and WHEREAS, in 2019, a pedestrian was killed on average every 85 minutes in a traffic crash and pedestrian deaths accounted for 17 percent of all traffic fatalities nationally; and WHEREAS, people of color, children walking to and from school, people with disabilities, and people over the age of 65 are at greater risk of serious injury or death while walking than the population as a whole; and WHEREAS, to improve the safety for pedestrians and bicyclists who have the right to arrive safely at their destinations, drivers of vehicles must stay alert and be cautious while traveling on our roads; and NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council formally designate the month of October 2021, as NATIONAL PEDESTRIAN SAFETY MONTH IN WITNESS WHEREOF, on this 11th day of October 2021. Bud Starker, Mayor Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: October 11, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL POLICE BODY- WORN CAMERA SYSTEM CONTRACT PAYMENT TO AXON ENTERPIRSE INC. IN THE AMOUNT OF $86,880 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Police Chief City Manager ISSUE: In 2019, the City of Wheat Ridge entered into a contract with Axon Enterprise Inc. for body-worn camera equipment and data storage. The contract includes the purchase of cameras, licenses, data storage, and auto-tagging ability. These services ensure that the Wheat Ridge Police Department is operating within the standards set forth by Colorado Senate Bill 20-217. Payment in the amount of $86,880 is due for 2021. PRIOR ACTION: These fees have been budgeted yearly by the Police Department and approved by City Council each year since 2019. FINANCIAL IMPACT: The total amount of these fees has been budgeted by the Police Department and approved by City Council for the 2021 budget in account #01-211-700-704. RECOMMENDATIONS: Approve the contract payment in the amount of $86,880 to Axon Enterpirse Inc. Council Action Form: Annual Police Body-Worn Camera system payment October 7, 2021 Page 2 RECOMMENDED MOTION: “I move to approve the annual police body-worn camera contract payment to Axon Enterprise Inc. in the amount of $86,880.” Or, “I move to deny approval of the annual police body-worn camera contract payment to Axon Enterprise Inc. in the amount of $86,880 for the following reason(s) __________________________” REPORT PREPARED/REVIEWED BY; Jonathan Pickett, Division Commander Chris Murtha, Police Chief Patrick Goff, City Manager ATTACHMENTS; 1. Copy of invoice for 2021 body-worn camera system ATTACHMENT 1 ITEM NO: 2 DATE: October 11, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2021 – AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF A NEW ARTICLE XIV ENTITLED HOTEL LICENSES AND IN CONNECTION THEREWITH, ADDING REFERENCE TO EXTENDED STAY LODGING IN CHAPTER 26 USE SCHEDULES PUBLIC HEARING ORDINANCES FOR 1ST READING (10/11/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: Within the City of Wheat Ridge there are presently nine hotels with a total of approximately 972 rooms. While these nine hotels represent less than .05% of the total number of households and businesses in the City, the calls for service from the City’s Police Department to these establishments constitute approximately 10% of the total police calls. This ordinance will create a licensing program for hotels and require minimal amenities to provide safe and healthy environments for persons relying upon short-term and extended stay housing in Wheat Ridge. PRIOR ACTION: On July 15, 2019, staff presented options to City Council for an extended stay lodging ordinance. Based on input from City Council at the study session, staff sent a framework from the proposed ordinance to several regional hotel operators and received comment back in September 2019 from one operator. On June 28, 2021, unanimous consensus was received from City Council to direct staff to draft a hotel licensing and extended stay ordinance and to reach out to the Wheat Ridge business community for feedback. A copy of the draft ordinance and a frequently asked question Council Action Form – Hotel Licensing October 11, 2021 Page 2 document was sent to all motel business owners and managers in Wheat Ridge on August 13, 2021. A virtual meeting was held on August 30, 2021 to receive input from the motel industry on the draft ordinance. FINANCIAL IMPACT: There is no direct financial impact to the City in approving this ordinance. An annual hotel license fee in the amount of $300 and an annual extended stay hotel license fee in the amount of $150 are proposed as part of the hotel licensing program. BACKGROUND: Calls for service at hotels within the City are disproportionately higher than other businesses and residences. The use of police department resources in responding to these calls for service is excessive as defined in the ordinance. The nature of calls for service at hotels is not limited to, but includes unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, domestic violence, assaults, motor vehicle thefts and motor vehicle recoveries. Hotels with high calls for service evolve into illegal activity, including drug dealing, prostitution and other illicit behaviors. Adopting stronger local licensing requirements and expectations that will place expectations on operators to reduce illegal activities in hotels and motels is an essential tool to further combat economic blight in the City. It is necessary to establish and enforce standards for hotels by providing for a separate licensing system, including inspection and revocation or suspension of licenses if determined that the hotel is not operated consistent with established standards and/or contributes disproportionately to calls for services or documented rates of illegal activity. The City’s interest in considering these new regulations is for the protection of the health and safety of the public. The intent of this ordinance is two-fold: 1) require motels that are providing lodging services of less than 30 days to meet certain minimum standards for public safety and health and 2) require motels that are providing extended stay services of 30 days or more to meet certain minimum standards for public safety and health and to provide certain amenities to ensure extended stay units are livable. Staff believe if these minimum standards are met, criminal activity and calls for service to these motels will decrease over time. RECOMMENDATIONS: Staff recommends approval of this ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2021, an ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article XIV entitled Hotel Licenses and in connection therewith, adding reference to Extended Stay Lodging in Chapter 26 use schedules on first reading, order it published, public hearing set for Monday, October 25, 2021 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, Council Action Form – Hotel Licensing October 11, 2021 Page 3 “I move to postpone indefinitely Council Bill No. 18-2021, an ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article XIV entitled Hotel Licenses and in connection therewith, adding reference to Extended Stay Lodging in Chapter 26 use schedules for the following reason(s)_____________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Jerry Dahl, City Attorney Kenneth Johnstone, Community Development Director Chris Murtha, Police Chief Jim Lorentz, Division Chief ATTACHMENTS: 1. Council Bill No. 18-2021 2. Hotel License FAQs 3. Letter from Stinson LLP (American Motel), dated September 23, 2021 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 18 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS BY THE ADDITION OF A NEW ARTICLE XIV ENTITLED HOTEL LICENSES AND IN CONNECTION THEREWITH, ADDING REFERENCE TO EXTENDED STAY LODGING IN CHAPTER 26 USE SCHEDULES 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, 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, within the City there are presently nine hotels with a total of approximately 972 rooms; and WHEREAS, while these nine hotels represent less than .05% of the total number of households and businesses in the City, the calls for service from the City’s Police Department to these establishments constitute approximately 10% of the total police calls; and WHEREAS, in order to address the significant public safety and related concerns involving hotels and motels within the City, City Council has determined that it is necessary to adopt the licensing program for hotels as contained herein; and WHEREAS, the Council further finds that hotels used for long term housing should include minimal amenities sufficient to provide a safe and healthful environment for persons relying upon such housing. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Hotel licensing program established. Chapter 11 of the Wheat Ridge Code of Laws concerning licenses, permits, and miscellaneous business Regulations, is hereby amended by the addition of a new Article XIV, entitled Hotel Licenses, to read as follows: ARTICLE XIV HOTEL LICENSES Sec. 11-500 Findings. ATTACHMENT 1 The City Council finds this article is needed for the protection of the health and safety of the public, and further to that end, finds as follows: (a) Calls for service at hotels within the City are disproportionately higher than other businesses and residences. The use of police department resources in responding to these calls for service is excessive. (b) The nature of calls for service at hotels 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 with high calls for service evolve into nodes of illegal activity, including drug dealing, prostitution and other illicit behaviors. (d) 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) It is necessary to establish and enforce standards for hotels by providing for a separate licensing system, including inspection and revocation or suspension of licenses if determined that the hotel is not operated consistent with established standards and/or contributes disproportionately to calls for services or documented rates of illegal activity. Sec. 11-501 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Calls for service are public initiated dispatched calls for police assistance that are generated by the community, through a call or text to 911 or the non-emergency line. Calls for service rate is equal to the total calls for service at the licensed premises divided by the total number of hotel rooms in the applicable period. Extended stay lodging is the renting of a hotel room for a duration of stay greater than 29 consecutive days. Extended stay lodging includes transient lodging establishments 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 the standard hotel establishment. Hotel is a transient lodging establishment renting individual rooms for temporary occupancy and typically not including facilities for cooking. The term “hotel" includes establishments also known as "motels." Licensed premises include a hotel and its buildings, land, parking areas and accessory structures. Sec. 11–502. License required; licensee fee; license renewals. (a) Issuance: No person shall conduct or operate a hotel without first having obtained a hotel license issued by the City as required by this article. This requirement to obtain a hotel license is in addition to the requirement to obtain a business license pursuant to article II of this chapter. Applicants for a hotel license shall pay the applicable fee. (b) Renewal: The renewal of an existing hotel license issued pursuant to this article shall be granted upon the payment of the annual license fee and the filing of a completed renewal application in the form set forth in section 11-503 with the treasurer at the same time as the renewal application for the business license for the hotel. The treasurer may waive the timely filing requirement if the licensee demonstrates in writing that the failure to complete timely filing is not solely the result of neglect. (c) The failure to approve or renew, or the denial or revocation of either the hotel license or the business license for that operation shall automatically revoke the corresponding business or hotel license, as applicable. (d) Term: The term of a hotel license shall be one year and shall run concurrently with the associated business license under Article II of this chapter. Sec. 11-503. Application form; processing. (a) All applicants for a hotel license shall file a completed application with the treasurer on forms provided by the treasurer. (b) The completed application shall contain the following information and shall be accompanied by the following documents: (1) The business name and address of the applicant. If the applicant intends to operate the hotel under a name other than that of the applicant, the applicant shall state the business name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws. (2) Each individual applicant, partner of a partnership, managing officer or managing director of a corporation, the manager of a limited liability company and all business managers shall be named in each application form. (3) If the applicant is: a. An individual, the individual shall state such person's legal name and any aliases and submit satisfactory proof that the individual is eighteen (18) years of age or older; b. A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the State of Colorado, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the State of Colorado, the names and capacity of all officers, directors, and the name of the registered corporate agent and the address of the registered office for service of process; d. A limited liability company, the company shall state its complete name, the date of its formation, evidence that the company is in good standing under the statutes of the State of Colorado, or in the case of a foreign company, evidence that it is currently authorized to do business in the State of Colorado and the name of its members, the manager, and registered agent and the address of the registered office for service of process. (4) The location of the hotel, including a legal description of the property, street address, and telephone number(s). (5) For renewal applications, proof of compliance with requirements outlined in Section 11-504. Sec. 11-504. Eligibility requirements for hotel license. No hotel license shall be issued or maintained under this article unless and until the applicant provides sufficient information to establish, and the treasurer reviews and determines the sufficiency of the same, of the following requirements: (a) The applicant shall have achieved and maintained a call for service (CFS) rate of 1.5 within twelve (12) months of obtaining a hotel license. The City may in its sole discretion permit extensions of the twelve (12) month period, not to exceed a total of an additional six (6) months during which time the hotel license shall be deemed extended. (b) The applicant shall demonstrate participation in the City’s certified crime free hotel/motel program, as evidenced by the approval of the Wheat Ridge Police Department. (c) The applicant shall have made all necessary corrective actions in response to matters identified through the City's most recent annual hotel/motel inspection program report for the subject location, which program is enforced through the City's police and community development departments, in cooperation with applicable fire protection districts. (d) The applicant shall demonstrate compliance with the City's landscape inspection program, as applicable and as certified by the Community Development Department. (e) The applicant shall demonstrate compliance with the applicable series of adopted international building and property codes applicable to the subject property, including the International Property Maintenance Code, as demonstrated by certification from the City's chief building official. (f) The applicant shall establish and maintain an approved security plan, including crime prevention through environmental design, video surveillance, security guards, fencing, and lighting, as approved by the City's police department. Sec. 11-505. Approval or denial of application (a) A completed license application shall be reviewed by the Police Department prior to action by the treasurer. The application shall be approved or denied by the treasurer within thirty (30) days of the date of filing. The application shall be denied if: (1) the applicant fails to satisfy the eligibility requirements of section 11–504; (2) the application or any investigation performed or ordered by the city establishes that the proposed licensee fails to conform to any requirement of this article, the Wheat Ridge Code of Laws or other applicable law; and (3) the applicant knowingly made a false statement or knowingly gave false information in connection with the application; or (4) the applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed against the applicant. (b) Nothing in this article shall prevent the treasurer from revoking approval if it is discovered that the application contained or included false or incorrect statements, or information which would otherwise constitute sufficient grounds for the denial of the application. The decision of the treasurer to approve or deny a license application shall not be construed as a quasi-judicial act but shall be a final administrative decision of the City. (c) In the event the treasurer denies the license application the treasurer shall prepare a decision stating the reasons or basis for the denial. A copy of the findings and decision shall be sent to the address of the applicant as shown on the application within 10 days after the date of denial. The denial shall become a final administrative decision of the City on the 14th day following the date of the decision unless the applicant files a timely appeal, as provided by section 11-507. Sec. 11–506. Suspension or revocation of license: grounds (a) The treasurer may suspend or revoke a hotel license upon the treasure’s finding of any of the following facts in the treasurer’s reasonable discretion, based upon available information. It is not required that any criminal conviction be obtained to support the treasurer’s administrative action. (1) Failure of the licensee to achieve and maintain the eligibility requirements described in section 11-504; provided, however, the treasurer shall offer the licensee notice and opportunity to cure the identified violations at least 30 days prior to taking further adverse action. (2) Incidents of disorderly conduct violation of Chapter 16 of this Code have occurred upon the licensed premises or upon any parking areas, sidewalks, access ways or grounds within the immediate neighborhood of the licensed premises involving a customer, manager and/or employee of the licensee; (3) The licensee, manager, or any employee thereof illegally offered for sale or illegally allowed to be consumed or possessed upon the licensed premises or upon any parking areas, sidewalks, walkways, access ways or grounds immediately adjacent to the licensed premises, narcotics or dangerous drugs; (4) The licensee or manager is not upon the licensed premises at all times if the premises is open for business; (5) The licensee, manager or employee has allowed or permitted patrons and employees to engage in acts of prostitution, negotiations for acts of prostitution within the licensed premises or upon any parking areas, sidewalks, access ways or grounds immediately adjacent thereto; (6) The licensee, manager or employee has allowed or permitted customers to engage in public displays of indecency, or has allowed or permitted customers to engage in acts of public urination or defecation within the licensed establishment upon any parking areas, sidewalks, access ways or grounds immediately adjacent thereto; (7) The licensee or manager knowingly made a false statement or knowingly gave false information in connection with an application for license or for a renewal of a license; (8) The licensee has failed to maintain books or records sufficient to properly document the permitted length of stay of individual customers; (9) The licensee is delinquent in payment to the city for taxes or fees. (b) Summary suspension: the treasurer shall have the discretion to summarily suspend a hotel license in the event the treasurer determines that an immediate threat to public health, safety or welfare is posed by the licensee’s failure to comply with the requirements of this Article or any conditions of its existing license. In the case of a summary suspension, the licensee shall be afforded a right of appeal substantially in the manner provided at Section 11-507(b) and (c). (c) Suspensions of a hotel license may be for any term up to a maximum of the amount of time remaining in the one-year term of the license as issued. Sec. 11-507. Suspension, revocation and appeal procedures (a) The city treasurer shall have the authority to suspend or revoke hotel licenses. In so acting, the treasurer shall apply the relevant eligibility requirements and standards contained in this article. (b) Appeals. In the event the treasurer denies, does not renew, suspends or revokes a license, the applicant shall have the right to a quasi-judicial hearing before an administrative hearing officer appointed by the city. A written request for hearing shall be made to the treasurer within ten (10) days of the date of mailing of the treasurer's written decision. The hearing shall be conducted within thirty (30) days of the date of the treasurer's receipt of written request for hearing unless a later date is requested by the applicant. (c) The procedure for the appeal to and in consideration by the administrative hearing officer shall be conducted substantially in the manner described at and sections 11–31 and 11-32 of this Code, provided, however, that the hearing shall be conducted by an administrative hearing officer appointed by the city in compliance with section 2-87. (d) Except in the case of a summary suspension, the hotel may continue to operate during the appeal process and until the final decision of the hearing officer is rendered. Sec. 11-508. License addendum for extended stay operations. (a) Application. As a part of or separately from an application for a hotel license under this article, the applicant may also apply for the right to offer extended stay lodging as defined in section 11-501 in all or portions of the licensed hotel property. Applications for an extended stay addendum to a hotel license shall be filed on forms provided by the treasurer and shall include the following information: (1) Number of rooms and a percentage of square footage in the hotel to be devoted to extended-stay operations. (2) Certification of compliance with requirements of subsections (b), (c) and (d) below have been met with respect to the proposed extended-stay component of the hotel operation. (3) Evidence of all required zoning and development approvals under Chapter 26 of the Code of Laws and demonstrated compliance with any conditions of approval. (4) Evidence of a valid business license. (b) Zone district compliance: extended-stay facilities are allowed only in the following zone districts: (1) commercial-one (C1) as a special use permit process (2) commercial-two (C2) as a special use permit process (3) mixed-use commercial (MU–C), and all MUC subdistricts as a conditional use permit process; and (4) mixed-use-neighborhood (MU-N) as a conditional use permit The applicant, in addition to a precondition of the issuance of an extended-stay hotel license addendum, must apply for and obtain approval of the relevant special use under the procedures set forth in section 26-114 of this Code. (c) In-room characteristics. The following in-room characteristics are required for all lodging units permitted as extended-stay lodging: (1) Minimum size for entire unit: 300 square feet (2) Minimum size for living room: 120 square feet (3) A defined bedroom must be provided separate and apart from other portions of the unit (4) The following minimum kitchen/cooking facilities are required (but may not be located in the defined bedroom or bathroom): refrigerator, cooktop, dedicated sink, cabinets with cooking/dining supplies (5) The maximum sleeping occupancy per room or unit shall be 2 persons per dedicated bedroom (6) Personal possessions may not be stored on exterior balconies, interior corridors or in a manner that prohibits adequate movement and ingress/egress within the unit, with the exception on balconies for items such as bikes, strollers, and coolers (7) Housekeeping must be available, although an additional charge may be made for the same (d) Common area characteristics: (1) The following common area amenities must be available to the residents of all extended stay lodging facilities: a) 24-hour desk staffing; b) prohibition of storage of any personal possessions within shared common areas of the building and/or site; c) universal wireless internet available included within room charge; d) In-room or common area laundry facilities adequate for number of guests; (2) A minimum of 4 of the following common area amenities shall be provided at the choosing of the extended stay lodging licensee, subject to the City’s review and approval: a) business center of a size at least 120 square feet b) a fitness center of at least 350 square feet for every 200 rooms c) a swimming pool at least 15 x 25 x 4 feet d) meeting areas or conference rooms e) on-site restaurant or other available food options provided adequate for number of guests As part of the review process for the extended-stay lodging license addendum, the treasurer may determine that one or more of the foregoing amenities in this subsection (2) is not required, taking into consideration the age, location and size of the hotel property itself. (e) Duration of stay: Duration of occupancy in any extended stay lodging unit may be for a period of 30 consecutive days or more. (f) Guest behavior: Persons renting an extended stay unit in a hotel with a valid extended-stay hotel license addendum under this article must be present in the unit at all times during which other persons are also present. In addition, persons renting the unit may not: (1) sublet the unit to any other person; or (1) permit occupancy of the unit by any person other than the registered guest or guests. Sec. 11–509. Implementation schedule. It is the intention of the City that existing hotels within the City be given the sufficient time to make the operational and physical modifications and improvements necessary to satisfy the eligibility requirements in section 11-504. Accordingly, the following implementation schedule for this article is adopted: (1) existing hotels shall have until January 1, 2022 within which to submit an application and application fee for a hotel license (2) the city treasurer shall have 30 days within which to review applications for existing hotels (3) a hotel, once licensed, shall comply with the schedule to achieve the required CFS metric in Section 11-504(a) (4) existing hotels shall have until June 30, 2022 to limit the duration of guest stays to less than thirty (30) days, unless the hotel has applied for and received an extended stay addendum under Section 11-508 Section 2. Section 26-204 is amended by the addition of the following line entry at the appropriate alphabetical location in the Table of Uses – Commercial and Industrial Districts: Uses Notes NC RC C-1 C-2 C-3 Extended stay lodging See Ch.11 Art XIV S S Section 3. Section 26-316.B is amended to read: (B) Permitted. Uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. EXTENDED STAY LODGING SHALL BE PERMITTED ONLY IN PLANNED MIXED USE DISTRICTS AND PLANNED COMMERCIAL DISTRICTS, AND ONLY AS A SPECIAL USE SUBJECT TO THE STANDARDS IN CHAPTER 11, ARTICLE XIV. Section 4. Section 26-1111.B is amended by the addition of a note in the line entry under Hospitality and Entertainment- Hotels, motels and extended stay lodging, to read: Use Group MU-C MU-C Interstate MU-C TOD MU-N Hotels, motels and extended stay lodging: See Ch 11, Art. XIV P P P P Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter, provided, however, that implementation of requirements of this ordinance shall be as set forth in code section 11-509, adopted hereby. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 11th day of October 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 October 25, 2021 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. 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: October 14, 2021 Second Publication: Published: Jeffco Transcript and www.ci.wheatridge.co.us Office of the Chief of Police, Christopher Murtha 7500 W. 29th Avenue Wheat Ridge, CO 80033-8001 303.235.2913 www.ci.wheatridge.co.us New Regulations Pertaining to Hotel Businesses in Wheat Ridge Purpose At City Council’s direction, City of Wheat Ridge staff has been working to draft updated regulations to ensure hotels in the City meet certain standards of public health, safely or welfare, and meet reasonable standards for accommodations and amenities for extended stay operations. These regulations will be considered by the city council for adoption in the coming weeks. There are nine hotels in the City of Wheat Ridge with a total of 972 rooms. While these hotels represent less than .05% of the total number of households and businesses in the City, the calls for service from the City’s Police Department to these establishments constitute approximately 10% of total police calls. In order to address the significant public safety and related concerns involving hotels and motels within the City, City Council has determined that it is necessary to adopt the licensing program for hotels in order to reduce the number of calls for service (CFS) at these establishments. The City’s interest in considering these new regulations is for the protection of the health and safety of the public. (a)Calls for service at hotels within the City are disproportionately higher than other businesses and residences. The use of police department resources in responding to these calls for service is excessive as defined in the ordinance. (b)The nature of calls for service at hotels is not limited to, but includes unwanted parties, disturbances, welfare checks, theft, suspicious persons and vehicles, drug calls, domestic violence, assaults, motor vehicle thefts and motor vehicle recoveries. (c)Hotels with high calls for service evolve into illegal activity, including drug dealing, prostitution and other illicit behaviors. (d)Adopting stronger local licensing requirements and expectations that will place expectations on operators to reduce illegal activities in hotels and motels is an essential tool to further combat economic blight in the City. (e)It is necessary to establish and enforce standards for hotels by providing for a separate licensing system, including inspection and revocation or suspension of licenses if determined that the hotel is not operated consistent with established standards and/or contributes disproportionately to calls for services or documented rates of illegal activity. In addition to meeting standards to address public health, safety and welfare, the draft regulations provide that lodging at hotels is limited to a maximum of 30 consecutive days, unless the hotel applies for and is granted a Hotel License Addendum for Extended Operations. To obtain this addendum, hotels must meet certain standards and offer certain amenities as detailed in the ordinance. Changes to Licensing Under the new regulations, hotel businesses will be required to obtain the following two licenses annually: -City Business License ($20) -Hotel License (Proposed fee $300) ATTACHMENT 2 08/16/2021 Page 2 of 4 In addition, if a licensed hotel chooses to provide extended stay operations, it will need to comply with: -Hotel License Addendum for Extended Stay Operations (Proposed fee $150) Existing hotel businesses will have until January 1, 2022 within which to submit an application and fee for a hotel license. The hotel license must be renewed annually along with the City business license. Existing hotels who allow duration of guest stays of more than 30 days shall have until June 30, 2022 to either limit stays to 30 days or less, or obtain an extended stay addendum. What is a Hotel License? The purpose of the Hotel License is to ensure that the unique requirements to operate this type of business are met. A Hotel is a transient lodging establishment renting individual rooms for temporary occupancy and typically not including facilities for cooking. The term “hotel" includes establishments also known as "motels." For the purposes of this ordinance, it does not include the short-term rental of private homes or rooms by private homeowners. To operate a hotel, the business must obtain a hotel license and meet the following requirements: (a)The applicant shall have achieved and maintained a call for service (CFS) rate of 1.5 within twelve (12) months of obtaining a hotel license. The City may, in its sole discretion, permit extensions of the twelve (12) month period, not to exceed a total of an additional six (6) months during which time the hotel license shall be deemed extended. (b)The applicant shall demonstrate participation in the City’s certified crime free hotel/motel program, as evidenced by the approval of the Wheat Ridge Police Department. (c)The applicant shall have made all necessary corrective actions in response to matters identified through the City's most recent annual hotel/motel inspection program report for the subject location, which program is enforced through the City's police and community development departments, in cooperation with applicable fire protection districts. (d)The applicant shall demonstrate compliance with the City's landscape inspection program, as applicable and as certified by the Community Development Department. (e)The applicant shall demonstrate compliance with the applicable series of adopted international building and property codes applicable to the subject property, including the International Property Maintenance Code, as demonstrated by certification from the City's chief building official. (f)The applicant shall establish and maintain an approved security plan, including crime prevention through environmental design, video surveillance, security guards, fencing, and lighting, as approved by the City's police department. How do hotels determine what their Calls for Service Rate is? •Calls for service are public initiated dispatched calls for police assistance that are generated by the community, through a call or text to 911 or the non-emergency line. Calls for service rate is equal to the total calls for service at the licensed premises divided by the total number of hotel rooms in the applicable period. The Police Department’s Crime Prevention Team will work with hotels to provide the CFS Rate on a monthly basis. Calls for service will be calculated through the 2022 calendar year and compliance for the call for service rate of 1.5 must be achieved by December 31, 2022. Hotels that are not in compliance at that time are subject to suspension and/or revocation of their hotel license. 08/16/2021 Page 3 of 4 What are the requirements for eligibility for a hotel license? The City will work with the hotel to provide training and advice to: -assist in lowering their number of calls for service, -provide the City’s Crime Free Hotel Program, -complete the annual inspection program with police, code enforcement, Community Development and fire districts -complete landscape inspection -meet standards of building and property codes of the International Property Maintenance Code -establish and maintain an approved security plan, including crime prevention through environmental design, video surveillance, security guards, fencing, and lighting, as approved by the City's police department. What is a Hotel License Addendum for Extended Stay Operations? The Hotel License Addendum permits a hotel to offer extended stay operations beyond 30 days to a maximum of 120 days. To qualify for extended stay operations, the hotel must provide the following in-room characteristics: (1)Minimum size for entire unit: 300 square feet (2)Minimum size for living room: 120 square feet (3)A defined bedroom must be provided separate and apart from other portions of the unit (4)The following minimum kitchen/cooking facilities are required (but may not be located in the defined bedroom or bathroom): refrigerator, cooktop, dedicated sink, cabinets with cooking/dining supplies (5)The maximum sleeping occupancy per room or unit shall be two persons per dedicated bedroom (6)Personal possessions may not be stored within shared common areas, on exterior balconies, interior corridors or in a manner that prohibits adequate movement and ingress/egress within the unit, with the exception on balconies for items such as bikes, strollers, and coolers (7)Housekeeping must be available, although an additional charge may be made for the same And the following common characteristics: (1)The following common area amenities must be available to the residents of all extended stay lodging facilities: a)24-hour desk staffing; b)universal wireless internet available included within room charge; c)In-room or common area laundry facilities adequate for number of guests; (2)A minimum of four of the following common area amenities shall be provided at the choosing of the extended stay lodging licensee, subject to the City’s review and approval: a)business center of a size at least 120 square feet; b)a fitness center of at least 350 square feet for every 200 rooms; c)a swimming pool at least 15 x 25 x 4 feet deep; d)meeting areas or conference rooms of a size at least 150 square feet d)on-site restaurant or other available food options provided adequate for number of guests 08/16/2021 Page 4 of 4 What are the next steps in the process? •The draft ordinance containing the revised and additional regulations will be submitted to each hotel business in Wheat Ridge for their comments. •A Zoom meeting for all hotel owners/operators will be scheduled with City officials who can explain the ordinance and licensing requirements as well as answer questions and listen to feedback. •A final copy of the ordinance will be presented to City Council for consideration and vote in the fall of 2021. Who do I contact with questions or feedback? Please reach out to Division Chief Jim Lorentz at 303-235-2955 or jlorentz@ci.wheatridge.co.us with any questions or feedback on these proposed regulations. Ryan Sugden PARTNER DIRECT: 303.376.8405 OFFICE: 303.376.8400 Ryan.Sugden@stinson.com September 23, 2021 By Electronic Mail Mr. Jim Lorentz Patrol Operations Wheat Ridge Police Department 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Re: Proposed Wheat Ridge ordinance establishing Hotel Licensing Program Dear Mr. Lorentz: We represent MJB Motels, LLC (“MJB”), owner of the American Motel in Wheat Ridge. We thank you for the opportunity to have met with you and other city officials on August 30, 2021 to discuss the city’s draft ordinance establishing a Hotel Licensing Program. We share the city’s commitment to protecting public safety. Nevertheless, we believe the city’s draft ordinance is misguided and will not achieve its stated public safety goals. The ordinance, which was prepared without input from the affected business community and (to our knowledge) the housing advocacy and faith communities, will disproportionately affect lower income and minority residents, and the businesses that serve them, and may well cause greater housing instability and calls for service. It will also impose significant financial burdens on hotel and motel operators in Wheat Ridge. In fact, the American Motel would need to spend millions of dollars and eliminate dozens of rooms simply to continuing offer extended stays, which it has done for decades. Even then, the stays are limited to 30 days. This is an unreasonable burden, particularly when there is no evidence it will improve public safety. It appears designed to either eliminate extended stay hotels and motels in the area or change the American Motel’s to a clientele the city prefers, to the detriment of businesses like American Motel and the underprivileged members of our community. We strongly urge the city not to adopt the draft ordinance but instead to partner with affected businesses and members of the community to draft regulations that achieve the city’s stated public safety goals by addressing the city’s urgent housing needs. I. American Motel has served the Wheat Ridge community for decades. The American Motel is a long-standing member of the Wheat Ridge business community. As you likely know, it is a five-story motel with 137 guest rooms conveniently located at the intersection of I-70 and Kipling Street. The property also features a swimming pool (seasonal), laundry facility, conference room, banquet room, and 222 vehicle parking lot. 1144 Fifteenth Street, Suite 2400, Denver, CO 80202 CORE/0800833.0014/169385543.2 ATTACHMENT 3 September 23, 2021 Page 2 CORE/0800833.0014/169385543.2 MJB acquired the American Motel in 1986. MJB is a small family-run company with four properties in the Midwest and Mountain West. When MJB acquired the American Motel, the property was plagued with high vacancy. MJB rebranded and focused on offering economy room rates, a market that was (and continues to be) underserved. American Motel’s current average nightly room rate is about $70.00 per night, plus sales and lodging taxes. American also offers weekly rates of $375 to $475 per week. Since shortly after MJB acquired the property, American Motel has maintained an approximate 90% occupancy rate. MJB believes this is the highest occupancy rate among its peers in Wheat Ridge. American Motel’s guests are typically price-sensitive and lower-income individuals and families. Many are individuals of color. Some guests are visitors to Wheat Ridge, such as tourists, interstate commuters and temporary workers. Others are individuals and families in transition. For these guests, who are unable to get an apartment because they cannot pay a security deposit, pass a landlord’s credit check, afford market rent, or commit to a lease, American Motel offers safe, affordable and immediately available housing. II. American Motel has invested in security and property improvements. In the last year alone, American Motel has made numerous property improvements, including: Installing bright LED lighting on every balcony, greatly illuminating the property; Installing video surveillance cameras throughout the property; Hiring a security company; Painting the property’s exterior, retiling the entry way, and replacing the concrete walks to give the property a fresh and more inviting look; and Seal coating and restriping the parking lot. American Motel is also a significant revenue source for the city. Wheat Ridge collects a 10% lodging tax. Through this tax, American Motel has contributed $167,000in tax revenue to Wheat Ridge in the last twelve months (September 2020 through August 2021) and $67,000 to the State of Colorado. Notably, in December 2020 American Motel asked to partner with the Wheat Ridge Police Department by hiring off-duty officers to provide security at the property. American Motel was told that the department was understaffed and, particularly with COVID-19 pandemic, could not make officers available for paid off-duty service. American Motel was disappointed because, even though hiring off-duty police officers would cost significantly more than private security (which American Motel did hire once the department said it could not provide off-duty officers), American Motel wanted to establish a partnership with the department. This way, officers would get to know motel staff and its frequent guests, and vice versa, and officers may be more effective at addressing issues before they became incidents. Given this history, American Motel is disheartened to be perceived as a bad actor or an irresponsible business owner uninterested in the community, which could not be further from the truth.1 1 At the August 30, 2021 meeting, city staff derisively referred to “out of state” business owners who do not invest in their properties as justification for adopting the draft ordinance. A business owner’s place of residence is not a proper consideration when drafting city September 23, 2021 Page 3 CORE/0800833.0014/169385543.2 III. The ordinance will impose multi-million dollar burdens on hotel and motel owners, forcing them to change their business models, and will harm lower- income populations. American Motel first reviewed the city’s draft ordinance on August 16, 2021, when it was invited to participate, along with other hotel/motel owners in Wheat Ridge, in a Zoom meeting with city officials on August 30, 2021 to discuss the ordinance. We are very discouraged that American Hotel and other affected business owners were not consulted earlier because we have identified numerous problematic provisions in the ordinance. To be absolutely clear, American Motel shares the city’s goal of improving public safety.In recent years, American Motel has observed a marked increase in homelessness and disturbing conduct by individuals in the area of I-70 and Kipling St. It has been exacerbated by the ongoing housing crisis in Denver and COVID-19 pandemic. Individuals experiencing homelessness who congregate in the area have caused disturbances on American Motel’s property even when they are not guests. This is why American Motel has taken steps to make its property safer, including by installing new lighting and cameras and hiring security. American Motel seeks to partner with the city to address these problems. Contrary to the letter and spirit of the ordinance, hotels and motels in Wheat Ridge like American Motel are part of the solution, not the problem, because they can (and do) provide affordable temporary housing to people on the street. The city’s draft ordinance will make problems worse by discouraging partnerships with police, targeting extended stays, and eliminating an affordable housing option from the market. The ordinance uses a metric, calls for service per room, that is inconsistent with community policing and racial justice principles and does not account for hotels and motels with greater occupancy. Under the ordinance, a hotel or motel is eligible for a license only if it achieves and maintains a rate of 1.5 calls for service per room.2 We do not believe this is an appropriate way to determine whether a hotel or motel is entitled to do business in Wheat Ridge. First, the policing philosophy of the Wheat Ridge Police Department incorporates “[c]ommunity oriented policy” which “emphasizes the importance of partnerships with stakeholders in the community and problem solving to address issues of crime, social disorder, quality of life, and traffic.” Policing Philosophy, Wheat Ridge Policy Department, dated June 2009. “Community support and assistance from law abiding citizens is a critical component of the department’s philosophy in preventing and deterring crime.” Id. Yet, the draft ordinance’s use of a calls for service rate penalizes hotels and motels that contact the Wheat Ridge Police Department for assistance. It discourages partnerships between businesses and law enforcement and presents hotel and motel operators with a Hobson’s choice: call the police to request assistance and, over time, risk losing the ability to do business, or try to handle issues themselves, potentially putting staff and guests at risk. Second, the metric fails to reflect societal biases surrounding calls for service. In Resolution No. 35, dated June 22, 2020, the Wheat Ridge City Council adopted a “resolution condemning ordinances. The statement also does not reflect the facts. American Motel has maintained consistent on-site management for more than 30 years, has significantly invested in the property, and has tried to partner with the Wheat Ridge Police Department without success. 2 The ordinance does not define the length of time for which the rate of calls for service per room is calculated, but based on the August 30 meeting, we understand it is an annual calculation. September 23, 2021 Page 4 CORE/0800833.0014/169385543.2 racism and hate,” finding in part “[t]here is much work to be done to stop pervasive, long-standing and devastating racial injustices in our community” and stating that the council is “committed to safeguarding our community against the root causes of, and the damages stemming from, racism and hate. . . .” Racial injustice occurs when the police are called on people of color who are suspected of committing a crime when they are not. For instance, there have been many well- publicized incidents where the police have been called on a black person (or people) for benign (and legal) conduct like bird-watching or barbecuing in a public park. Here, a citizen may initiate a call because they are uncomfortable on account of their (implicit or explicit) racial bias even though the subject of the call is acting lawfully. Yet, these calls would count against the very businesses that serve communities of color. Similarly, a hotel that primarily serves white customers will not be as susceptible to such citizen-initiated calls. This is particularly concerning when higher rates of homelessness in the immediate area spill over into the parking lots of properties like the American Motel, triggering police calls by the public or from guests and citizens who are frightened by uninvited people in American Motel’s parking lot. The proposed calls for service rate institutionalizes racial biases at a time when all organizations should be seeking to expunge them. Third, it is a fundamentally inaccurate and misleading calculation. The calls for service rate does not reflect a hotel’s or motel’s occupancy. A hotel with low vacancy may have a higher calls for service rate than an equally sized competitor, which suffers from high vacancy, even if they both have the same number of calls per guest, simply because the more popular hotel has more guests (and, thus, more statistical opportunity for issues to arise). In effect, the calls for service rate penalizes properties like the American Motel that maintain low vacancy rates. We do not believe the city should use calls for service as the metric for determining whether a hotel or motel is entitled to do business in Wheat Ridge. The ordinance includes other dubious enforcement provisions. Under the ordinance, the city treasurer can unilaterally revoke a motel’s license if a single customer is alleged to have committed disorderly conduct in the vicinity of the property, even if it is outside the motel’s control. See Ordinance § 11-506(a)(2). Disorderly conduct is notoriously subjective,3 and a motel owner cannot police how its guests conduct themselves once they have left the property. American Motel does not believe that business licenses should be subject to such extreme (and potentially unconstitutional) discretion. The ordinance imposes severe financial hardship on Wheat Ridge businesses, requiring them to add amenities that have no connection to public safety. The express purpose of the draft ordinance is to improve public safety and reduce calls for service. However, the ordinance requires hotel and motel operators to spend millions of dollars to modify their properties, despite the improvements having no connection to public safety, if the owners simply want to maintain the right to do business in Wheat Ridge. Under Wheat Ridge’s current municipal code, hotels and motels may offer guests extended stays. This market has comprised a significant portion of American Motel’s customer base for years. Under the ordinance, for American Motel to continue offering extended stays, as it has for decades, it must apply for and receive a special or conditional use permit, which requires the 3 Wheat Ridge Municipal Code defines disorderly conduct as, in part, “intentionally, knowingly or recklessly . . . mak[ing] a coarse and obviously offensive utterance, gesture or display in a public place when such utterance, gesture or display causes injury or tends to invite an immediate breach of the peace.” Code § 16-101(a)(1). September 23, 2021 Page 5 CORE/0800833.0014/169385543.2 applicant to satisfy multiple conditions, and make the following physical modifications to its property: o Combine two existing hotel rooms to satisfy the ordinance’s requirement that each extended stay unit be at least 300 square feet and have a separately defined bedroom; o Remove existing improvements and install kitchen appliances, like a cooktop and sink, the utilities that serve them, and kitchen cabinetry and countertops; o Install additional and unneeded laundry facilities; o Make wireless internet service available to every room; and o Add three of the following: a business center, a fitness center, meeting areas or an additional conference room, and an on-site restaurant. The ordinance also requires American Motel to significantly change its extended stay business operations. Contrary to every hotel or motel business plan—which is to engender loyalty and the desire of guests to stay longer and return more frequently—every extended stay guest must leave the property after 30 days, even if they want to stay at the property, and cannot stay more than 120 days in a year. Extended stay units have a maximum capacity of 2 guests per bedroom unit, and the guest who is “renting” an extended stay unit must be present at all times if other guests are also present in the room. While American Motel is still calculating the estimated costs of complying with the ordinance, it will easily soar into the millions. Construction costs to create compliant extended stay units will be at least $30,000 per unit, and American Motel must combine two existing guest rooms to do so, resulting in a significant loss of revenue. If American Motel seeks to create 50 extended stay units, it will incur hard costs of at least $1.5 million and lose future revenue from 50 total guest rooms. Plus, it will suffer significant business interruption losses. Hotel reconstruction must be done in a manner that does not interfere with other guests, meaning that whole floors or sections of rooms on multiple floors cannot be reserved while the renovations are complete. This does not even consider the costs of adding new property amenities. American Motel, which is not a food- service operator, cannot even begin to guess what it will cost to build and operate a restaurant on its property. It is safe to say that the cost of adding commercial laundry facilities, meeting rooms, a fitness center and a restaurant will be daunting and (because of lack of available space) require yet more guest rooms to be sacrificed. Conservatively, American Motel will face at least $3 million in out-of-pocket costs and lost revenue just to offer extended stay in as few as 50 units. And, it bears repeating, this investment is required just for American Motel to continue offering a service— extended stay—that has been permissible in Wheat Ridge for decades. What public safety benefit will Wheat Ridge reap from this enormous forced investment by American Motel? We are aware of no connection between universal wifi or a fitness center and reduced crime (or even calls for service). Indeed, we fail to see any rational basis for the ordinance’s extended stay requirements. For instance, while the ordinance requires each extended stay unit to have a separate living room and bedroom, Wheat Ridge allows studio apartments. The ordinance requires extended stay hotels to offer laundry facilities. Yet, there are apartment complexes in Wheat Ridge without them. And while two adults could permissibly live in an apartment in Wheat Ridge with a child (including in a studio apartment), this same family could not stay in a one- bedroom extended stay unit at American Inn under the ordinance. September 23, 2021 Page 6 CORE/0800833.0014/169385543.2 The ordinance forces owners to change their business models to serve a more affluent clientele, which will have a disproportionate impact on minority and lower-income communities. The ordinance appears designed to either eliminate extended stay operations at targeted economy hotels and motels or force owners to change their business models to serve a different clientele. Both are improper objectives that unfairly burden owners and will disproportionately affect minority and lower-income communities. American Motel and its peers have proven that there is a robust market for lower cost hotel and motel rooms, including extended stays. American Motel’s guests include temporary workers who rely on American Motel’s economy rates to take temporary jobs far away from home. Budget- conscious travelers pick American Motel for its convenient location and low prices. And yet, while market forces have sustained American Motel and its peers, the ordinance steps in to force these owners to change how they do business, a fact the city staff recognized when it began drafting the ordinance.4 This is because owners who make the city-required changes must significantly raise rates for both extended stay and ordinary-length stays to offset the costs and lost revenue of complying with the ordinance. This will prevent American Motel from charging the economy room rates that have been a bedrock of its business model for years. The ordinance effectively mandates that American Motel serve a different and higher income clientele. Setting aside the propriety of a city forcing a business to make this kind of change, there is no evidence that a market for more affluent extended stay and other guests even exists, meaning American Motel (and its peers) may be forced to spend millions of dollars to serve customers who never come. The disadvantaged members of our society will also suffer. At the August 30 meeting, the city expressly recognized that the ordinance will cause impoverished residents to have fewer housing options because hotels and motels will need to raise their rates. The city deemed this consequence acceptable because it is not required to ensure that housing is available at every price point. We disagree. American Motel has proven there is a robust market for affordable, on-demand housing. It is why American Motel has maintained a 90% occupancy rate for years. The housing crisis throughout Denver has only exacerbated this need. While American Motel serves plenty of travelers and workers, it is also not uncommon for individuals experiencing homelessness to save money to pay for a night to stay in a warm bed and have access to a shower. Doubling American Motel’s rates likely puts it out of reach.5 At the August 30 meeting, the city stated that the ordinance requires hotel operators to upgrade rooms to reflect “typical” extended stay rooms that provide “better conditions” for people staying longer-term. Again, we disagree. There is nothing inherently unsafe about the rooms at American Motel. The extended stay hotels the city may be referring to serve a different market— business travelers and the affluent who can afford to pay for rooms with amenities like a separate bedroom, cooktop, fitness center and on-site restaurant. Many others cannot or choose not to pay for such amenities, and we do not believe it is the city’s role to make that judgment for them. For instance, a construction worker on a 60-day job in Denver might decide that the lower rates at 4 Staff Memorandum, dated July 8, 2019, re: Extended Stay Lodging regulations, at p. 2 (“Existing hotel/motel owners and operators may have their business models impacted by such a regulatory approach.”). 5 The city has previously declared that “homelessness is a shared responsibility” and “the most effective response is one in which “municipalities, police departments, social service agencies, businesses, and community members . . . work[ ] together.” See https://www.ci.wheatridge.co.us/1595/Homelessness-Resources. Adopting an ordinance that the city acknowledges will force business owners to change their business models and will reduce housing options for low-income residents does not appear consistent with the letter or spirit of the city’s proclamation. September 23, 2021 Page 7 CORE/0800833.0014/169385543.2 American Motel are more desirable than having a bedroom separate from a living room. She may be accustomed to microwaving food when traveling and find the lack of cooktop harmless. She may prefer walking outside to using a treadmill in a fitness center. And if she does not find American Motel’s current laundry facilities sufficient, she can head to the laundromat at W. 44th and Kipling less than a mile away. The city’s position that it is unacceptable for an extended stay room to have nothing less than a cooktop, kitchen cabinets, separate bedroom, universal wifi, and a fitness center is a clear statement of privilege. On the other hand, if the costs of complying with the ordinance are too great (as they appear to be), American Motel and other economy hotels and motels will be unable to offer extended stays. This will eliminate one of American Motel’s key markets and eliminate a needed housing option in Wheat Ridge for underprivileged individuals and those in transition. These lower-income populations, which are disproportionately comprised of individuals of color, use extended stays at economy hotels and motels like the American Motel to fill a critical housing gap. Extended stays at American Motel offer an affordable temporary housing option, with rates starting at $375 per week. Many extended stay guests may be unable to pay an application fee, pass a credit and background check, and pay the security deposit and first and last month’s rent that many landlords require. Extended stays are available immediately, whereas securing a lease and furniture can take weeks, which is cold comfort to individuals or families who suddenly find themselves evicted or needing to leave an unsafe or unhealthy housing situation. Extended stay hotels and motels should not be the exclusive housing option for anyone. However, they are one piece of an increasingly difficult housing puzzle in this region. The ordinance’s 30-day extended stay restriction will increase public safety problems, not reduce them, by causing more housing instability. The ordinance requires every guest, regardless of how she has conducted herself during her stay, to leave the property after 30 days. We are not aware of any connection between the length of a consecutive stay and public safety. Nor are we aware of any connection between the number of total days a person stays at a hotel or motel (like the 120-day maximum in the ordinance) and a reduction in crime or calls for service. These appear to be arbitrary calculations designed to discourage extended stays, pointing yet again to the ordinance’s true purpose of changing the clientele who patronize these properties. In fact, we believe these restrictions will make public safety worse. From American Motel’s experience, extended stay guests are among the least likely to cause problems. These guests are looking for a stable place to stay. They know that if they cause problems, American Motel will immediately remove them. Short-term guests, staying just a night or two, lack these incentives. In addition, the 30-day maximum stay requirement will cause greater instability by forcing a person (potentially in transition from a challenging circumstance into a more stable situation) to pick up and move. This will cause more public safety problems than it will solve. The ordinance proposes three publicly-applicable exceptions to the 30-day limit: persons or families6 in crisis and receiving temporary housing assistance from a governmental, charitable or insurance agency; family members caring for someone in a long-term hospital or rehabilitation situation; or persons experiencing homelessness who are actively engaged with the City’s homelessness navigation program. The exceptions do not include people and families in crisis who have not chosen (or been eligible) to receive assistance. The ordinance does not explain who is to 6 Of course, because the ordinance limits extended stays to two guests per bedroom, “families” likely could not stay in an extended stay room to begin with. September 23, 2021 Page 8 CORE/0800833.0014/169385543.2 determine whether guests fall within one of these exceptions and, if the motel operator, how they are supposed to do so. A motel is unable to discriminate against guests seeking an extended stay. For instance, if a motel asks one extended stay guest whether he is receiving government assistance or experiencing homelessness, but not another, the motel could be exposed to liability. If the motel asks all extended stay guests whether they satisfy an exception, will the motel be obligated to undertake an independent investigation of the guests’ responses? But, more broadly, why is a family in crisis who has chosen not to (or cannot) receive government or charitable assistance, or person experiencing homelessness who has not yet connected with the city’s shared navigator, less worthy of a place to stay? We believe the ordinance passes judgment in a manner that is inappropriate in a hotel/motel licensing regulation and in a way that will undercut its stated public safety goals. IV. American Motel’s alternative recommendations. American Motel encourages the city to work with affected businesses to develop strategies that will address the actual conduct that gives rise to the calls for service that the ordinance claims it is designed to address. American Motel also strongly opposes any regulatory approach that requires hotel/motel operators to spend millions of dollars on physical modifications that have no connection to public safety and appear designed only to change the hotel/motel’s business model and clientele. In the alternative to the ordinance, American Motel proposes the following general framework: Convene a transparent and inclusive stakeholder process. The city should work cooperatively with the community to address the problems underlying the conduct that leads to calls for the service. Singling out hotel and motel owners is insufficient and unfair. To date, it appears the city has consulted primarily with law enforcement. While law enforcement is a needed voice, it should not be the only one heard. As the city’s statement on homelessness says, “managing all of the impacts of people experiencing homelessness is a shared community responsibility” and “the most effective response is one in which municipalities, police departments, social service agencies, businesses, and community members” work together. To that end, American Motel proposes a stakeholder engagement process that elevates all the voices in the community, including those that were missing when the ordinance was drafted, such as business owners, community advocates for the unhoused and homeless navigators, the Wheat Ridge Race and Equity Task Force, mental health professionals, faith leaders, and community residents including guests at the affected hotels and motels. The process must be transparent and inclusive. American Motel offers to convene a professionally-managed community outreach and stakeholder process, consisting of three meetings over 90 days with the goal of preparing recommendations on how to provide services to individuals in crisis, recommendations for community policing of individuals in crisis, and recommendations for business owners serving individuals in crisis. The three meetings will include, at least: Wheat Ridge Race and Equity task force Law enforcement City attorney Mayor Pro Tem Hoppe Councilor Nosler Beck September 23, 2021 Page 9 CORE/0800833.0014/169385543.2 Wheat Ridge Chamber of Commerce Hotel and motel business owners and management Faith leaders Unhoused community advocates Mental health professionals Homeless navigators Community residents Following the community meetings, a report of recommendations will be prepared that will be presented to the full city council. Adopt scaled hotel and motel licensing regulations. Any ordinance the city adopts concerning hotel and motel licensing should categorically avoid regulations that require expensive and permanent changes to hotel and motel properties, which appear designed only to change the owners’ business model. While these regulations are problematic for many reasons, they are particularly unfair to business owners because they are being forced to permanently alter their properties without any evidence that the changes will improve public safety. Certainly, before the city orders business owners to construct new guest rooms, build fitness centers, and learn how to operate on-site restaurants, lower-cost and less- invasive alternatives should be explored. For instance, a hotel or motel that has recently suffered a number of disturbances could have its staff undergo additional training, modify room monitoring procedures, or temporarily hire on-site security. These steps may be sufficient to address the concerning conduct, and they can be accomplished without multi-million dollar investments. Create a hotel and motel working group. Hotels and motels in Wheat Ridge are largely concentrated around I-70 and Kipling. They face similar problems with unhoused populations in the area, and they share similar public safety and business goals. The city should form a hotel and motel working group that includes hotel and motel management, social services, community development leaders, chamber of commerce, homeless navigators, law enforcement, and other community members to address emerging issues. Certainly, reducing crime and calls for service is one such issue. The working group can be a venue for sharing information on best practices. It can also be a venue for elevating the hotel and motel community and brainstorming ways to attract more travelers to the area, improving the business climate for the hotels and motels. V. Conclusion American Motel opposes the city’s draft ordinance. We believe it will not achieve its stated public safety goals. Instead, it appears aimed at forcing hotel and motel owners to change their business models to the detriment of the business owners and the disadvantaged members of our community. We recommend the city engage in a comprehensive and transparent community engagement and outreach process first before considering additional hotel and motel licensing requirements. September 23, 2021 Page 10 CORE/0800833.0014/169385543.2 Sincerely, Stinson LLP Ryan Sugden cc: MJB Motels, LLC ITEM NO: 3 DATE: October 11, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 50-2021 - A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2022 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2021) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2022 budget includes the following: • A General Fund budget in the amount of $44,169,781 • An unrestricted fund balance of $11,042,057 or 25% of expenditures • A General Fund transfer of $6,995,445 to the Capital Improvement Program (CIP) • A General Fund transfer of $500,000 to the Equipment Replacement Fund • Proposed CIP Fund in the amount of $21,763,305 • Proposed Renewal Wheat Ridge Bond Projects Fund in the amount of $5,900,000 • Proposed 2E Fund in the total amount of $3,884,083 • Special Revenue Funds in the amount of $6,405,134 • Proposed budget (all funds) in the amount of $82,122,303 Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 2 PRIOR ACTION: • July 19, 2021 – the Outside Agency Program Review Committee presented their recommendations to City Council • July 26, 2021 – first public meeting to provide opportunity for residents to comment on the budget and the City Budget page launched on WhatsUpWheatRidge.com • August 16, 2021 – Carnation Festival Committee, Localworks and Wheat Ridge Business District presented their 2022 budget requests to City Council • August 23, 2021 – second public meeting to provide opportunity for residents to comment on the budget • September 10, 2021 – proposed 2022 budget books were distributed to City Council and made available in the City Clerk’s Office and Wheat Ridge Library for public review • September 13, 2021 – proposed 2022 budget made available online for the public to review • September 20, 221 – proposed 2022 budget presented to City Council. FINANCIAL IMPACT: A total budget of $82,122,303 (all funds) is proposed. BACKGROUND: At the September 20, 2021 Study Session, City Council provided staff with consensus to bring the proposed budget forward to public hearing and adoption with the following change: Allocate $3,500 for school outreach funding in the Legislative Services (102) account. Between producing the proposed budget and the study session, staff received the initial 2022 property casualty insurance quote and learned that it is less than budgeted. Therefore, $3,500 was moved from Central Charges account (01-610-700-781) to Legislative Services (01-102-700-780). This transfer is between two cost centers within the General Government section of the budget and does not change the total budget. The 2022 proposed budget message, found on page 10 – 21 of the budget book, is included below: WHEAT RIDGE 2035 VISION TOPICS AND SMART GOALS The Mayor, City Council, and staff work together periodically to develop and update a strategic plan that includes a vision, goals, and priorities. City Council met in the spring of 2017 and developed an updated Vision 2035 to include Vision Topics and Smart Goals. In addition, City Council met in early 2021 and agreed upon the following eight strategic priorities for staff to focus their efforts in 2021 and 2022. Staff used the vision topics and strategic priorities to guide the development of and prioritize projects for the 2022 Budget. Vision Topics: 1. Wheat Ridge is an attractive and inviting City 2. Wheat Ridge is a community for families 3. Wheat Ridge has great neighborhoods Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 3 4. Wheat Ridge has a choice of economically viable commercial areas 5. Wheat Ridge has diverse transportation 6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle 8. Wheat Ridge residents are proud of their hometown Strategic Priorities: 1. New efforts of engagement in government 2. Implement bulk plane in all residential zone districts 3. Re-examine/advance sidewalks on 38th Avenue 4. Review the vision, mission, and funding of Localworks 5. Streamline permit processes 6. Commercial corridor code review 7. Policy on non-conforming accessory dwelling units (ADUs) 8. Develop solutions and work with partners to address homelessness OVERALL SUMMARY The total 2022 Proposed Budget, including the General Fund, two capital funds, seven special revenue funds, and the 2E Investing 4, the Future Bond Fund, is $82,122,303. The Budget is based on projected revenues of $78,659,532. The beginning fund balance for 2022 is projected at $30,052,883, which brings the total available funds to $108,712,415. This will provide for a projected ending fund balance of $26,590,112. General Fund $44,169,781 Capital Improvement Program (CIP) Fund $21,763,305 RWR Bond Projects Fund $5,900,000 Special Revenue Funds $6,405,134 2E Investing 4 the Future Bond Fund $3,884,083 Total $82,122,303 General Fund General Fund revenue is projected at $48,069,108, which is a 4.8% increase compared to 2021 year-end estimated revenues and a 26.4% increase compared to the original 2021 budget. In addition, the beginning fund balance for 2022 is projected at $17,271,544, which brings the total available funds for the General Fund to $65,340,652. General Fund expenditures total $44,169,781, excluding transfers. General Fund expenditures represent an 8.0% increase compared to the adjusted 2021 Budget. The ending fund balance for the General Fund is projected at $13,675,426, of which $11,042,057 (25% of operating expenditures) is considered unrestricted. The City's financial policies require that the City maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association and that the City will annually target to maintain a 25% unrestricted fund balance percentage level as part of its annual budget process. Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 4 Capital Improvement Program (CIP) Fund CIP Fund revenue is projected at $20,871,343 ($6,995,445 transferred from the General Fund), which is a 46.6% increase compared to 2021 estimated revenue, mostly due to an increase in transfers from the General Fund, which can be attributed to the building use tax received from the SCL Lutheran campus development. In addition, the beginning fund balance for 2022 is projected at $3,314,369, which brings the total available funds for the CIP Fund to $24,185,712. CIP expenditures total $21,763,305, which is a 46.1% increase compared to the adjusted 2021 Budget. This will provide for a projected ending fund balance of $2,422,407. The Proposed 2022 CIP budget includes the following projects: • $15.6 million for construction of the first phase of the Improve Wadsworth project • $3 million for street preventative maintenance, primarily on 29th Avenue and Youngfield Street • $1.2 million for reconstruction and repavement of Recreation Center parking lot • $500,000 for maintenance to the 44th Avenue bridge over Clear Creek • $248,189 for City Hall improvements • $200,000 for storm sewer improvements • $175,000 for Parks and Forestry building improvements • $150,000 for City-wide roadway striping maintenance • $150,000 for replacement of the Recreation Center roof • $100,000 for the City's Neighborhood Traffic Management Program (NTMP) • $100,000 for a traffic signal master plan • $85,000 for master gateway signage plan and new signage • $80,000 to construct a sidewalk in a gap along Marshall Street to Clear Creek Trail • $50,000 for City-wide ADA infrastructure improvements • $40,000 for bicycle lanes on Harlan Street between 32nd and 38th Avenues • $30,000 to update the Lena Gulch Master Plan • $25,000 to update the Clear Creek Master Plan • $25,000 for street lighting at Ridge Road and Quail Street Renewal Wheat Ridge Bond Projects Fund In June 2021, Renewal Wheat Ridge (RWR) adopted Resolution 17-2021, authorizing the issuance of bonds to be used for public improvements within the I-70/Kipling Corridor Urban Renewal Plan Area. RWR anticipates issuing the bonds in November 2021 in the net amount of approximately $35 million for public improvements and $6.375 million to retire a RWR bank loan for the Clear Creek Crossing project. This Budget establishes a new fund for the City's project expenditures associated with the bonds. Funds will be transferred into the Fund from RWR as contracts are awarded. Please see the Renewal Wheat Ridge Bonds Project section of the Budget for detailed information. The proposed 2022 Budget includes $5.9 million in revenues from the bonds and $5.9 million in expenditures for the following projects: Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 5 • $750,000 for professional design and engineering services for enhancements to the I- 70/32nd Avenue interchange and the Youngfield Street corridor • $1.0 million to reconstruct the 38th Avenue/Kipling Street intersection for vehicular and pedestrian safety improvements • $4.15 million for the reconstruction of 52nd Avenue, Tabor Street, and Ridge Road surrounding the G-Line commuter rail station; final design for a pedestrian bridge over the commuter rail tracks and final design for a multi-use trail from the bridge to the I-70 Frontage Road The future RWR Bond Projects Fund includes the construction of enhancements to the I-70/32nd Avenue interchange and Youngfield Street corridor; maintenance improvements to the Youngfield Street over Clear Creek; final design, engineering, and construction of enhancements to the I-70/Kipling Street interchange; and construction of the pedestrian bridge and multi-use trail at the G-Line commuter rail station. RWR will use the remaining project funds for public improvements at the Golds Market at 26th and Kipling and for other miscellaneous urban renewal projects in the Plan Area. Special Revenue Fund – Open Space Open Space revenue is projected at $3,812,006, which is a 63% increase compared to the 2021 estimated revenue. The large increase is primarily due to a future reimbursement from the Jefferson Council School District for their portion of The Green project. The beginning fund balance for 2022 is projected at $2,914,579, which brings the total available funds for the Open Space Fund to $6,726,585. Open Space projects for 2022 include: • The Green project on 38th Avenue • Reconstruction of Panorama Park tennis courts • Clear Creek Trail improvements • Outdoor fitness court • Open space and park maintenance projects • Peaks to Plains strategic plan Funding is also appropriated for seven parks maintenance and two forestry employees. Open Space expenditures total $5,375,079, which is a 34% increase compared to the adjusted 2021 Budget. This will provide a projected ending fund balance of $1,351,506, of which $1,043,161 is restricted to park and trail improvements at the Wheat Ridge Ward station area. The future five-year Open Space Budget proposes the continuation of miscellaneous open space improvements, Stites Park irrigation improvements, Anderson Park playground replacement, Phase III of Prospect Park improvements, and funding for Parks employees. Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 6 Special Revenue Fund – Conservation Trust Conservation Trust revenue is projected at $351,111, which is a very slight decrease compared to the 2021 estimated revenue. In addition, the beginning fund balance for 2022 is projected at $380,771, which brings the total available funds for the Conservation Trust Fund to $731,882. Conservation Trust projects for 2022 include: • Recreation facilities maintenance projects • Resurface of tennis and basketball courts • Improvements to the median at 50th and Kipling • Replacement of playground at Apel Bacher Park Conservation Trust expenditures total $367,500, which is a 59% decrease compared to the adjusted 2021 Budget. This will provide for a projected ending fund balance of $364,382. The future five-year Conservation Trust Budget proposes to provide funds for recreation facilities maintenance needs, parks maintenance projects, resurfacing of tennis/basketball courts, and other facility improvements. Special Revenue Funds – Other Several other Special Revenue Funds are also included in this Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include Public Art, Police Investigation, Municipal Court, Equipment Replacement, and Crime Prevention/Code Enforcement. Detailed revenue and expenditure information for these funds can be found in the Special Revenue Funds, and the Line Item Accounts sections of the Budget. 2E Investing 4 the Future Fund The 2E Investing 4 the Future Fund was created in 2017 as a special fund to account for the 2E bond and debt activity. 2022 revenues from the temporary 0.5% sales and use tax and interest are projected at $5,672,366. In addition, the beginning fund balance for 2022 is projected at $5,455,875, which brings the total available funds for the 2E Fund to $11,128,241. 2E Fund expenditures total $3,884,083, of which, $3,499,300 is designated for debt service on the 2E bonds. This will provide for a projected ending fund balance of $7,244,158. The only project expense budgeted for 2022 is $384,783 for public art for the Improve Wadsworth project. A detailed explanation of the status of each project is included in the 2E section of this Budget. SHORT-TERM FISCAL CHALLENGES/OPPORTUNITIES Sales Tax and General Fund Revenue The 2021 estimated and 2022 proposed budgets project significant increases in revenue growth. Sales tax, the City's largest revenue source, is projected to increase by 8.0% in 2021 compared to 2020 year-end sales tax revenues and increase by 9.3% compared to the 2021 adopted budget. The 2022 sales tax revenues are projected to increase by 4.5% compared to the 2021 year-end estimate and increase by 14.2% compared to the 2021 adopted budget. Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 7 Overall, total General Fund revenue for 2022 is projected to increase by 4.8% compared to 2021 year-end estimated revenue and increase by 32.5% compared to the original 2021 budget. The increase in 2022 revenues compared to the 2021 year-end estimates is largely due to an increase in revenue from sales tax, Recreation Center fees, lodgers' tax, and American Rescue Plan Act funding. Parks and Recreation fee revenue took the biggest hit due to the COVID-19 pandemic and the public health restrictions imposed upon the City. Because of social distancing requirements, many normal recreation activities had to be significantly curtailed or outright canceled in 2020 and 2021, including the opening of the outdoor pool in 2020. Staff is projecting a near full return to normal activities in 2022. Total Parks and Recreation fee revenue in 2021 is estimated to increase only slightly by 12% compared to 2020 year-end revenue. 2022 revenue is projected to rebound by about 146%, compared to 2021, back to pre-pandemic revenue levels. American Rescue Plan Act President Biden signed into law the American Rescue Plan Act (ARPA) on March 11, 2021. ARPA provides $1.9 trillion in additional relief to respond to the impacts of COVID-19. The City of Wheat Ridge will receive a total of $7,873,279.72, half of which has already been received, and the other half will be received in 2022. All funds must be encumbered by December 31, 2024, and spent by December 31, 2026, which gives the City ample time to strategically develop a spending plan. The United States Department of Treasury has determined eligible uses of the ARPA funding, which include the following broad categories: • Support public health expenditures • Address negative economic impacts caused by the public health emergency • Replace lost public sector revenue • Provide premium pay for essential workers • Invest in water, sewer, and broadband infrastructure The City has hired CliftonLarsonAllen (CLA) LLP to assist staff with interpreting the Department of Treasury's Interim Final Rules and guidance for spending the ARPA funds. Therefore, minimal ARPA funding has been expended in 2021 and is proposed for appropriation in the 2002 Budget. The City's spending plan for these funds is as follows: ARPA Eligible Expenditures 2021 2022 Address negative economic impacts caused by the public health emergency $178,915 $308,596 Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 8 This ARPA funding will be recognized as revenue as it is expended. Therefore, the 2021 Budget will include $178,915 in revenue, and the 2022 Budget will include $308,596 in revenue from ARPA. The remaining funding received from the Federal Government will remain on a balance sheet until it is expended and therefore will not be included in General Fund reserves. Redevelopment Projects The Clear Creek Crossing project experienced some delays in 2020 due to the COVID-19 pandemic. However, a 300-unit residential development and a fueling station/convenience store have both been completed, and the Foothills Credit Union corporate offices are under construction. The developer is well underway in 2021 with a leasing plan for additional tenants, including residential, fitness, retail, hospitality, and entertainment. SCL Health broke ground in the summer of 2021, and construction has started on a state-of-the-art hospital with an anticipated opening date in the fall of 2024. Building use tax revenue from the construction of the new hospital is estimated at approximately $8.0 million in 2021 and 2022. This one-time revenue will allow the 2022 Budget to maintain a 25% undesignated fund balance, to transfer $500,000 to the Equipment Replacement Fund for the future purchase of police radios and an enterprise financial management system, and transfer approximately $7.0 million to the CIP Fund for capital projects. Other than minor revenue estimates for Kum & Go, no new sales tax revenue from this project is included in the 2022 budget. The Longs Peak Metropolitan District (LPMD) anticipates it will reimburse the City $507,038 for the environmental assessment expense the City incurred over the last several years, as well as approximately $10 million in construction costs for the I-70 hook ramp project in November 2021. Once the project is fully built out, sales tax, lodging, admissions, and use tax revenue is projected to total $1.8 million annually. None of these reimbursements or new revenues have been included in the 2022 Budget. The anchor tenant at the Corners at Wheat Ridge, Lucky's Market, opened on August 6, 2018, but filed for bankruptcy and closed in early 2020. The owner and developer of The Corners are actively working with prospective tenants to backfill the Lucky's Market site. The City could potentially see new tenants in 2022, which would generate a significant amount of tax revenue. These new potential revenues have not been included in the 2022 Budget. OUTSIDE AGENCY CONTRIBUTIONS In 2016, City Council appointed a Citizen Review Committee to make recommendations for contributions to outside agencies. The following are the Committee's recommendations for 2022: COVID-related sanitation, PPE, employee vaccine incentives, teleworking technology, CLA consulting COVID-related sanitation, PPE, teleworking technology, CLA consulting, homeless navigation activities Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 9 The Action Center $6,000 Active Transportation Advisory Committee $1,000 Applewood Community Foundation $500 Court Appointed Special Advocates $6,200 Community Table $13,000 Family Tree $10,000 Feed the Future $5,400 Friends of Paha $1,900 Friends of Stevens $1,000 Institute for Environmental Solutions (IES) $3,100 Jefferson Center for Mental Health $10,600 Jefferson County Library Foundation $1,400 Jewish Family Services-Colorado Senior Connections $3,700 Lutheran Foundation – Heroes of Hope $3,200 Outdoor Lab Foundation $13,800 Regional Air Quality Council $3,400 Robbie’s Hope $2,000 Seniors’ Resource Center $18,500 Sunshine Home Share $2,200 Wheat Ridge Community Foundation $6,200 Wheat Ridge Grange $2,900 Wheat Ridge High School Farmer's 5000 $5,000 Wheat Ridge High School STEM/STEAM $10,000 Wheat Ridge Kiwanis $1,300 Wheat Ridge Optimist Club $1,500 TOTAL $133,800 DEBT At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which temporarily increased the sales and use tax levied by the City by one-half of one percent (3% to 3.5%) for up to 12 years or when $38.5 million is raised, whichever occurs first. It also authorized the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Sales and use tax revenue bonds were issued on May 2, 2017, to finance four specific City investments, including Anderson Park, Wadsworth Boulevard, Wheat Ridge Ward Station development, and the Clear Creek Crossing development. The par amount of the bond issue was $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. Of this amount, $33 million was deposited into Fund 31 for the four specific City investments, $152,975 was allocated for the underwriter's discount, and $129,104 for costs associated with the bond issue. The maximum repayment cost of the bonds will not exceed $38,500,000, and the maximum annual repayment cost will not exceed $3,700,000. In the Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 10 Budget, $3,499,300 is budgeted for the 2022 debt service. The balance of the debt as of December 31, 2022, will be $17,598,400. Based on current revenue estimates, the temporary sales and use tax rate will expire in 2024, after 8 years. Additionally, the City has the following long-term financial obligations: Renewal Wheat Ridge The City's Urban Renewal Authority (Renewal Wheat Ridge) is a component unit of the City. Renewal Wheat Ridge acquired a loan in the amount of $2.455 million, accruing interest at 3.16% per annum, for the Kipling Ridge commercial center development at 38th and Kipling. The term of this loan expires in 2023 and will be paid from sales and property tax incremental revenue from the Kipling Ridge project. The balance of the loan as of December 31, 2022, will be $335,270. Once this loan is retired, the City's General fund will see a net decrease of approximately $500,000 in expenditures. Renewal Wheat Ridge acquired a loan in the amount of $6.375 million, accruing interest at 4.65% per annum, for the Clear Creek Crossing mixed-used development at I-70 and Highway 58. The term of the loan expires in 2028 and was to be repaid from property tax incremental revenue from the Clear Creek Crossing project. However, Renewal Wheat Ridge anticipates to issue bonds in the amount of approximately $35 million in November 2021 for various infrastructure projects and $6.375 million to pay off this loan at a significantly lower interest rate. Community Solar Garden On March 23, 2015, the City entered into an agreement to purchase electric generating capacity in a solar garden. The agreement was funded on April 13, 2015, with a lease agreement for $800,000. As of December 31, 2020, the solar power capacity was recorded as capital assets in the amount of $553,349. Annual payments of $80,167, including principal and interest accruing at 5.75%, are due through May 1, 2030. As of December 31, 2022, the City will have a capital lease outstanding amount of $499,706. For its participation, it is estimated the City will receive $50,000 in energy credits from Xcel in 2020 to be used to pay this lease and against energy consumption at various facilities. Fruitdale School Lofts In 2016, the City Council approved a loan in the amount of $2.585 million from General Fund reserves to the Fruitdale School Partners. The loan was for the redevelopment of the Fruitdale School property into a mix of 16 market-rate and income-restricted rental housing units. Fruitdale School Partners repaid $1.5 million of the loan in 2018. The remaining $1,085,000 will be paid over a 40-year period and, until that time, will remain as a restricted balance in the General Fund reserves. Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 11 COMPENSATION, BENEFITS, AND STAFFING Compensation Personnel-related expenses account for the largest portion of the City's Budget. Remaining competitive to attract the best talent for the City and maintaining its investment in its team members is a high priority. In 2013, the City launched a compensation plan for full-time/part-time benefited employees that is financially sustainable and will help the City recruit and retain top talent. The City's pay-for-performance model is consistent with the culture and commitment to A.C.T.I.O.N! - the City's core values of Accountability – Change – Teamwork – Integrity – Opportunity – Now! It is important for the City to reward employees who exemplify these core values and who help achieve the City's strategic results. The market-based compensation plan, typically updated biennially, consists of three sub-plans 1) a pay-for-performance open range plan, which includes civilian and police sergeants and higher ranks; 2) a sworn seven-step plan, which includes police officer I and II positions; and 3) a part-time employee plan which includes variable non-benefited positions such as lifeguards and seasonal parks workers. Due to the pandemic and consistent with peer communities, the City delayed the scheduled compensation plan update in 2020 and completed it in 2021 with an effective date of January 1, 2022. The 2021 update involved a consultant-led review of the compensation plan using market data from the Denver Front Range. Each position was reviewed to ensure proper classification against job matches in the area, and all pay grades are proposed to increase in 2022 in order to be competitive in this challenging labor market. Employees will be eligible for a performance increase on January 1, 2022, based on how well they meet the core values and competencies of the performance management program. Additionally, police officers in the step plan and a number of other sworn and civilian employees will receive market and equity pay adjustments to either bring them to the new minimum of a given pay grade or move them further into the grade based on their tenure and performance. Most market and equity adjustments will occur with lower-wage and front-line employees, police officers, and sergeants. The 2022 proposed budget includes approximately $1 million in pay for performance, annual police department step increases, market and equity increases, an increase of 56% from the conservative and reduced 2021 budget. This investment in personnel is essential to the provision of services and delivery of the City Council's priorities. Benefits The City continues to provide a competitive benefits package to employees that include medical, dental, life, and disability benefits. Throughout the year, staff works closely with the City's benefits broker, IMA, to ensure that the City is controlling benefit costs while still providing a competitive benefits package to its employees, which is a vital part of the City's total compensation approach to pay. The City currently provides Kaiser Permanente plans for employee medical benefits. Medical premiums will experience an increase in 2022, currently estimated at 3%. Several key factors play a role in calculating the City's health care premium renewal, including the City's Wellness Program as a positive contributing factor. In 2022, the City will continue to offer the High Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 12 Deductible Health Plan (HDHP), and the Deductible HMO (DHMO) added in 2017. The HDHP plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). The goal of the consumer-driven HDHP and DHMO is to encourage employees to manage costs through the effective use of health care. There will be no increases to dental insurance, life insurance, or long-term and short-term disability premiums. The City currently contributes to a 401(a) retirement plan for nonsworn employees. Employees contribute 4% to the Plan, and the City matches 6%. For sworn employees, the City contributes 11%, and employees contribute 10% to the Plan (sworn employees do not contribute to Social Security). As part of the sworn market analysis in 2019, it was determined that the City was at the time approximately 1.5% below market in terms of sworn pension contribution match. The 2020 and 2021 budgets included a 0.5% increase to the City's contribution each year. An additional 0.5%, approximately $38,000, is included in the 2022 budget to bring the City's sworn pension contribution to 11.5%. Staffing The 2021 Adopted Budget did not include an increase in staffing due to the uncertainty of the COVID-19 pandemic on the City's financial situation. However, revenue growth in 2020 and during the first half of 2021 has been significantly higher than anticipated. Therefore, City Council approved a mid-year FTE (full-time equivalent) increase in 2021 of 6.25 FTEs bringing the total staffing level to 246.375 FTEs. The 2022 Proposed Budget includes an increase of 8.375 FTEs for a total staffing level of 254.750 FTEs. The City has typically operated with a very lean staff; however, as community expectations change, we must ensure the City has adequate staffing to meet those demands. General Fund 1.0 FTE GIS Technician – Administrative Services Department Staff has been requesting this position for the last 13 years, which was a recommendation from the GIS Master Plan. Due to other staffing priorities, the City has been utilizing interns over the past 13 years to assist the GIS Analyst with the workload. This position will replace the intern who was budgeted at approximately $22,000 annually. This position will help implement a significant portion of the City Council's strategic priority of "New efforts of engagement in government and understanding City processes" with the development of an interactive development/construction map. In addition, GIS-related requests continue to increase and are more complicated, extensive, and consume more time. This position will ensure the City can continue to meet these demands for both internal and external customers. 1.0 FTE Accounting Supervisor – Administrative Services Department The workload of the Finance team has increased significantly. While the team added a new licensing technician to provide backup to the revenue technician and focus on new licensing programs, the cumulative workload on the Finance Manager's plate continues to be overwhelming. This position would oversee some of the current Finance staff to give the Manager additional time for financial reporting, auditing, and quality control. In addition, the Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 13 City needs a new position to focus on project accounting for American Rescue Act Plan expenditures, the proposed Renewal Wheat Ridge bond projects, the Improve Wadsworth project, and a potential future extension of the City's 2E bond projects. The City budget currently includes $33,280 for part-time staffing assistance, which would be eliminated if this new position is approved. This position could be time-limited for approximately three years after many of these special projects have been completed. 1.0 FTE Horticultural Assistant – Parks and Recreation Department In 2002, the City had 7.0 FTE dedicated to forestry and horticultural services throughout the City. Staffing levels were reduced to 3.0 FTE since that time as were required by budget cuts and other restraints. Since 2002, four additional parks have been constructed, and additional right-of-way maintenance responsibilities (38th Ave streetscape, G Line TOD site, Kipling and I-70 entry, and exit ramp landscaping, 50th Avenue median, etc.) have increased the workload for the Forestry and Natural Resources programs. This new position will assist the City in addressing the 2035 Vision Topic "Wheat Ridge is an attractive and inviting City." 1.0 FTE Graphic Designer – Parks and Recreation Department Marketing, promotion, and communication are important aspects for successful parks and recreation programming. Having a full-time graphic designer provides more time to develop marketing assets that achieve these priorities. The City currently budgets approximately $34,000 annually for part-time, contractual graphic design services, which would be eliminated if this new position is approved. This position could assist with additional recruitment projects to attract talent, focus more on parks and trails and how signage, wayfinding, and kiosks can lead to safer open spaces and better-quality trails and parks for users, and assist with creating and promotion of new special events and programs to increase revenues and reach the community in new ways. This position could also assist with other City department graphic design needs saving the City from hiring more expensive free-lance designers. 0.375 FTE Recreation Coordinator – Parks and Recreation Department This position currently serves 25-hours (0.625 FTE) per week and programs outdoor recreation (hikes, downhill skiing, snowshoeing), Ramblers (walking non-elevated trails), and other trip activities for the Active Adult Center. In addition, this position manages the volunteer driver program, including extensive training and scheduling. It has been more difficult every year to find volunteer drivers. Increasing this position to full-time would allow for additional programming at the Active Adult Center to better serve older adults through recreational programming and providing the resources necessary to drive the van while offering seamless operations of the travel program. This position increase will assist the City in addressing the 2035 Vision Topic "Wheat Ridge is a community for families" and "Wheat Ridge residents enjoy an active, healthy lifestyle." 2.0 FTE Police Officer – Police Department The Police Department anticipates an increase in calls for service related to the Clear Creek Crossing development. Based on the size of the property, projected uses, and housing options, the Department anticipates calls for service, including traffic, criminal and non-criminal events, Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 14 quality of life issues, property, and economic crimes such as theft, fraud, and forgery and minimal person's crimes. With the addition of two police officers, the Department will have the ability to increase staff in this area of the City throughout the week, during the peak hours that businesses will be open. These new positions will assist the City in addressing the 2035 Vision Topic "Wheat Ridge offers a choice of economically viable commercial areas" and "Wheat Ridge is a community for families." 1.0 FTE Maintenance Worker II – Public Works Department This position will assist in the ever-growing demand for Public Works services, including city-wide graffiti removal, asphalt patching, snow and ice control, street sweeping, storm sewer cleaning, traffic sign and signal repair and maintenance, maintenance and repair of City-owned bus benches and shelters and the increasing number of City-owned LED street and pedestrian lights, maintenance of bicycle lane pavement markings, placement of speed trailers, installation of street banners and assistance at public events and festivals. Most importantly, this position will provide an additional staff member for snow and ice events which will provide for a safer three, 8-hour shift crew rotation. This new position will assist the City in addressing the 2035 Vision Topics "Wheat Ridge is an attractive and inviting City"; "Wheat Ridge has Great Neighborhoods" and "Wheat Ridge has a choice of economically viable commercial areas." 1.0 FTE Utility Locates Technician – Public Works Department This new position is needed to meet the ongoing and increasing utility locate requests and requirements of the Colorado utility locate system (Colorado811). Utility locate requests increased over 50% in 2020 from 4,148 requests in 2019 to 6,369 requests in 2020. Currently, these duties are completed by a Maintenance Worker II employee and have become a full-time job. The City is required to respond to utility locate requests in a timely manner to accurately locate City-owned utilities such as storm sewer and electrical conduits for traffic signals and street lighting. Without this new position, the City could be exposed to potential financial and legal liability for providing an ineffective utility locate response system. Conclusion and Acknowledgements The last couple of years have been a whirlwind, but Wheat Ridge has managed to come out the other side in an even better place before the start of the COVID-19 pandemic. The success of this organization and All- America City continues to see is attributed to the tremendous leadership and support from the Mayor and City Council, the spectacular team members from across all departments, and our tenacious business community and community members. We've built a resilient local economy, developed prudent financial policies, and set aside adequate reserves, which has enabled the City to continue to thrive in uncertain economic times. Many exciting opportunities – the Clear Creek Crossing development, Lutheran Legacy Campus redevelopment, continued improvements to the Applewood Shopping Center, build-out of the Wheat Ridge-Ward TOD subarea, continued resurgence of 38th Avenue as a vibrant main street, and many other infill projects – are still before us. Council Action Form – Adopting the 2022 City Budget October 11, 2021 Page 15 RECOMMENDATIONS: Adopt the 2022 Budget as amended. RECOMMENDED MOTION: “I move to approve Resolution No. 50-2021, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2022 Budget Year.” Or, “I move to postpone indefinitely Resolution No. 50-2021, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2022 Budget Year for the following reason(s) ______________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENT: 1. Resolution No. 50-2021 2. Budget Summary, Revenues, Expenditures and Cost Centers 102 and 610 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 50 Series of 2021 TITLE: A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2022 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2022 has been established and public hearings and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater than the total proposed expenditures as set forth in said budget in the total amount of $82,122,303 which includes the following funds: 1. Fund 01 - General Fund $51,665,226 2. Fund 12 - Public Art Fund $0 3. Fund 17 - Police Investigation Fund $9000 4. Fund 30 - Capital Improvement Fund $21,763,305 5. Fund 31 - 2E Investing 4 the Future Fund $3,884,083 6. Fund 32 - Open Space Fund $5,375,079 7. Fund 33 - Municipal Court Fund $32,250 8. Fund 40 – RWR Bond Projects Fund $5,900,000 9. Fund 54 - Conservation Trust Fund $367,500 10. Fund 57 - Equipment Replacement Fund $0 11. Fund 63 - Crime Prevention Fund $621,305 Less Transfers: ($ 7,495,445) Total Expenditures: $82,122,303 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge total budget as stated in the Resolution be hereby approved, adopted, and appropriated for the entire fiscal period beginning January 1, 2022 and ending December 31, 2022. DONE AND RESOLVED this 11th day of October 2021. ________________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Beginning Balance (1/1/22) +Revenues =Funds Available -Expenses =Fund Balance (12/31/22) Operating Funds General $17,271,544 +$48,069,108 =$65,340,652 -$51,665,226 =$13,675,426 Total Operating Funds $17,271,544 +$48,069,108 =$65,340,652 -$51,665,226 =$13,675,426 Unrestricted Fund Balance $11,042,057 25.0% Capital Funds Capital Improvement Program $3,314,369 +$20,871,343 =$24,185,712 -$21,763,305 =$2,422,407 RWR Bond Projects Fund $0 +$5,900,000 =$5,900,000 -$5,900,000 =$0 Total Capital Funds $3,314,369 +$26,771,343 =$30,085,712 -$27,663,305 =$2,422,407 Special Revenue Funds Public Art Fund $360,386 +$498,533 =$858,919 -$0 =$858,919 Police Investigation $37,020 +$10 =$37,030 -$9,000 =$28,030 Open Space $2,914,579 +$3,812,006 =$6,726,585 -$5,375,079 =$1,351,506 Municipal Court $83,116 +$10,300 =$93,416 -$32,250 =$61,166 Conservation Trust $380,771 +$351,111 =$731,882 -$367,500 =$364,382 Equipment Replacement $77,396 +$500,100 =$577,496 -$0 =$577,496 Crime Prevention/Code Enforcement Fund $157,827 +$470,100 =$627,927 -$621,305 =$6,622 Total Special Revenue Funds $4,011,095 +$5,642,160 =$9,653,255 -$6,405,134 =$3,248,121 2E Investing 4 the Future 2E Bond Expenditures $5,455,875 +$5,672,366 =$11,128,241 -$384,783 2E Debt Service $0 +$0 =$0 -$3,499,300 Total 2E Investing 4 the Future $5,455,875 +$5,672,366 =$11,128,241 -$3,884,083 =$7,244,158 Total Operating Funds $17,271,544 +$48,069,108 =$65,340,652 -$51,665,226 =$13,675,426 Total Capital Funds $3,314,369 +$26,771,343 =$30,085,712 -$27,663,305 =$2,422,407 Total Special Revenue Funds $4,011,095 +$5,642,160 =$9,653,255 -$6,405,134 =$3,248,121 Total Investing 4 the Future $5,455,875 +$5,672,366 =$11,128,241 -$3,884,083 =$7,244,158 (Less Transfers)+($7,495,445) =($7,495,445) -($7,495,445) = GRAND TOTAL ALL FUNDS $30,052,883 +$78,659,532 =$108,712,415 -$82,122,303 =$26,590,112 GRAND TOTAL LESS BOND AND DEBT $24,597,008 +$72,987,166 =$97,584,174 -$78,238,220 =$19,345,954 Budget Summary by Fund ATTACHMENT 2 2020 2021 2021 2022 Actual Adjusted Estimated Proposed SALES TAXES Sales Tax $20,609,676 $20,357,640 $22,258,450 $23,258,450 Sales Tax Audit Revenue $6,367 $200,000 $200,000 $250,000 ESTIP Applejack $0 $20,000 $2,500 $20,000 ESTIP Grammy's Goodies $0 $15,000 $2,500 $15,000TIF - Kipling Ridge $520,456 $467,248 $524,021 $516,000 TIF WR Corners $78,963 $55,323 $112,468 $114,000TIF - Swiss Flowers $21,968 $15,786 $24,187 $26,400 TIF - WestEnd 38 $0 $5,000 $0 $0TIF-Hacienda $27,465 $24,602 $48,142 $60,000 TIF-Applewood North Stores $203,333 $130,966 $255,417 $300,000 TOTAL SALES TAXES $21,468,228 $21,291,565 $23,427,685 $24,559,850 OTHER TAXESReal Property Tax $1,117,830 $1,200,000 $1,120,000 $1,120,000 Liquor Occupational Tax $57,466 $65,000 $50,000 $56,000Auto Ownership Tax $86,870 $90,000 $88,000 $88,000 Xcel Franchise Tax $1,181,365 $1,200,000 $1,300,000 $1,300,000 Telephone Occupation Tax $574,382 $580,000 $590,000 $590,000 Lodgers Tax $426,294 $500,000 $640,000 $750,000 Admissions Amusement Tax $22,946 $35,000 $20,000 $20,000TOTAL OTHER TAXES $3,467,153 $3,670,000 $3,808,000 $3,924,000 USE TAXES Use Tax - Retail/Professional $871,569 $765,284 $850,000 $850,000Use Tax - Building $2,379,632 $2,005,000 $6,600,253 $6,419,192 Use Tax - Auto $1,814,422 $1,421,844 $1,800,000 $1,800,000TOTAL USE TAXES $5,065,623 $4,192,128 $9,250,253 $9,069,192 LICENSEAmusement Machine License $1,250 $5,000 $600 $1,000 Arborist License $1,195 $1,500 $1,200 $1,200Contractors License $138,325 $130,000 $130,000 $130,000 Liquor License Fee $15,158 $17,000 $17,000 $17,000 Short-Term Rental License Fees $0 $0 $16,000 $18,000 Building Permits $1,244,748 $1,000,000 $2,340,447 $2,102,760 Street Cut Permits $265,203 $200,000 $250,000 $250,000 Cable TV Permits $367,982 $380,000 $360,000 $350,000 Business License Fees $123,932 $145,000 $160,000 $160,000Tobacco and Vaping License Fees $0 $0 $15,000 $600 Pawn Shop License Fees $10,000 $10,000 $10,000 $10,000TOTAL LICENSE $2,167,793 $1,888,500 $3,300,247 $3,040,560 General Fund Revenues 2020 2021 2021 2022 Actual Adjusted Estimated Proposed General Fund Revenues INTERGOVERNMENTAL Cigarette Tax $76,024 $72,000 $70,000 $70,000 County Road and Bridge $327,044 $330,000 $333,455 $330,000 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000Highway Users Tax $919,072 $907,229 $925,000 $1,000,000 Motor Vehicle Registration $114,477 $120,000 $118,000 $120,000Police - CATPA Auto Theft Grant $78,870 $88,000 $88,000 $88,000 Police - Seat Belt Grant/Click It or Ticket $1,669 $1,800 $1,500 $3,000 Police - HIDTA Drug Overtime Grant $32,511 $25,000 $20,000 $15,000Police - JAG/Byrne Grant $10,440 $0 $0 $0 Police - JAG/COVID Grant $0 $0 $12,000 $21,637 Police - Ballistic Vest Grant $4,069 $7,500 $7,500 $10,000 Police-HVIDE $6,900 $15,000 $15,000 $15,000 Police - POST Grant $2,000 $3,300 $3,200 $3,200Police -Pedestrian Safety Grant $0 $0 $0 $12,500 Police - Fatality Reduction Grant $0 $0 $0 $9,679Colorado Health Foundation Grant $7,500 $0 $0 $0 Court - Defense Council Grant $3,464 $12,000 $11,000 $12,000Homeless Navigator IGA $0 $38,276 $38,276 $8,000 TOTAL INTERGOVERNMENTAL $1,684,040 $1,720,105 $1,742,931 $1,818,016 SERVICESZoning Applications $36,852 $40,000 $45,000 $40,000 Planning Reimbursement Fees $1,500 $1,500 $2,500 $2,000Engineering Fees $81,865 $40,000 $65,000 $60,000 Misc. Zoning Fees $2,597 $1,500 $2,500 $2,000 Plan Review Fees $620,907 $300,000 $1,261,292 $986,794 Pavilion/Park Rental Revenue $9,277 $17,500 $42,000 $30,000 Athletics Revenue $59,974 $90,313 $78,580 $110,897Active Adult Center Revenue $71,152 $118,686 $75,000 $177,625 Parks Historic Facilities $7,780 $15,000 $15,000 $20,000Gen. Prog. Revenue $120,673 $143,425 $148,320 $180,056 Anderson Building Revenue $7,869 $6,195 $15,000 $15,000 Outdoor Swimming Fees $17 $154,000 $77,000 $134,000Recreation Center Fees $654,702 $1,020,750 $664,500 $1,833,500 Aquatics $37,703 $68,305 $54,819 $86,000 Fitness $88,863 $149,662 $157,135 $234,560 Retail Marijuana Fees $367,303 $325,000 $370,000 $370,000 Police Report Fees $13,792 $12,498 $14,210 $15,137 Pawn Shop Ticket Fees $11,932 $15,000 $10,804 $12,000 Sex Offender Registration $3,021 $3,909 $4,573 $4,866Police Drug Destruction Fees $20 $150 $20 $10 Police Fees $1,940 $2,018 $1,000 $1,800Police Duty Reimbursement $121,283 $160,000 $160,000 $146,000 TOTAL SERVICES $2,321,022 $2,685,411 $3,264,253 $4,462,245 FINES & FORFEITURESMunicipal Court Fines $32,715 $60,000 $38,000 $50,000 Nuisance Violations Fees $38,509 $23,000 $39,000 $39,000 Handicap Parking Fees $225 $900 $400 $500 Traffic $156,194 $200,000 $200,000 $200,000 General $8,586 $18,000 $12,000 $15,000Other$4,638 $7,000 $5,000 $5,000 Parking $385 $1,000 $500 $500No Proof of Insurance $10,909 $15,000 $14,000 $15,000 TOTAL FINE & FORFEITURES $252,161 $324,900 $308,900 $325,000 2020 2021 2021 2022 Actual Adjusted Estimated Proposed General Fund Revenues INTEREST Interest Earnings $165,104 $45,000 $26,876 $21,849 TOTAL INTEREST $165,104 $45,000 $26,876 $21,849 OTHER Hail Storm Insurance Proceeds $139,743 $0 $0 $0Cable Peg Fees $37,212 $38,000 $35,208 $35,200 Xcel Solar Garden Credits $49,000 $50,000 $50,000 $50,000Miscellaneous Income $404,246 $378,270 $450,000 $425,000 CARES Earned Revenue $2,463,142 $0 $0 $0 ARPA Earned Revenue $0 $0 $178,915 $308,596 City Tree Sale Proceeds $0 $0 $0 $24,600 Sustainability Program $0 $0 $3,670 $5,000TOTAL OTHER $3,093,343 $466,270 $717,793 $848,396 .Total General Fund $39,684,467 $36,283,879 $45,846,938 $48,069,108 Transfers In $0 $0 $0 $0 Fund Balance Carryover $13,508,953 $9,683,913 $12,020,367 $17,271,544 Total Funds Available $53,193,420 $45,967,792 $57,867,305 $65,340,652 2020 Actual 2021 Adjusted 2021 Estimated 2022 Proposed Legislative Legislative Services $354,327 $396,723 $395,583 $520,507 Total $354,327 $396,723 $395,583 $520,507 City Manager's Office City Manager $404,001 $719,143 $690,521 $743,240 Economic Development $1,850,590 $1,764,472 $1,648,634 $2,084,018 Total $2,254,591 $2,483,615 $2,339,155 $2,827,258 City Attorney City Attorney $361,546 $374,200 $374,200 $430,000 Total $361,546 $374,200 $374,200 $430,000 City Clerk's Office City Clerk $143,696 $173,127 $183,127 $188,499 Total $143,696 $173,127 $183,127 $188,499 City Treasurer City Treasurer $33,186 $35,108 $35,108 $36,208 Total $33,186 $35,108 $35,108 $36,208 Central Charges Central Charges $5,387,934 $4,965,822 $4,931,705 $5,504,528 Total $5,387,934 $4,965,822 $4,931,705 $5,504,528 Municipal Court Municipal Court $839,299 $906,591 $811,944 $1,106,755 Total $839,299 $906,591 $811,944 $1,106,755 Administrative Services Administration $355,901 $369,411 $358,568 $398,393 Public Information $362,639 $372,687 $333,206 $362,342 Finance $625,190 $673,064 $645,369 $799,764 Human Resources $583,317 $692,406 $683,020 $731,240 Purchasing and Contracting $120,472 $142,702 $139,941 $185,422 Information Technology $1,800,571 $2,155,843 $2,115,574 $2,236,018 Total $3,848,090 $4,406,113 $4,275,678 $4,713,179 Community Development Administration $271,033 $275,957 $270,003 $290,983 Planning $532,940 $1,011,784 $1,027,528 $889,117 Building $1,133,965 $2,406,300 $2,554,800 $1,963,937 Engineering $883,830 $877,328 $847,480 $936,360 Total $2,821,768 $4,571,369 $4,699,811 $4,080,397 Police Administration $1,711,672 $1,994,868 $1,902,958 $2,122,720 Grants $102,207 $201,601 $133,531 $171,607 Community Services Team $277,827 $292,663 $271,800 $316,953 Crime Prevention Team $271,647 $313,050 $271,798 $343,242 Records Team $391,593 $415,404 $397,749 $516,092 Training and Accreditation $252,612 $302,001 $301,044 $420,266 Patrol $5,638,310 $5,426,031 $5,426,031 $5,862,773 Investigations Bureau $2,649,891 $2,766,065 $2,549,573 $2,813,495 Crime & Traffic Team $435,006 $533,181 $531,181 $571,492 Total $11,730,765 $12,244,864 $11,785,665 $13,138,640 General Fund Expenditures 2020 Actual 2021 Adjusted 2021 Estimated 2022 Proposed General Fund Expenditures Public Works Operations $3,571,183 $3,704,706 $3,505,062 $3,944,911 Total $3,571,183 $3,704,706 $3,505,062 $3,944,911 Parks and Recreation Administration $256,953 $307,081 $280,086 $367,510 Recreation $255,633 $315,519 $282,515 $363,201 Parks Maintenance $1,664,010 $1,373,436 $1,235,255 $1,576,420 Forestry $408,658 $483,836 $391,160 $716,664 Natural Resources $100,434 $154,758 $147,451 $180,584 Anderson Building $84,178 $90,422 $66,161 $87,964 Athletics $181,510 $225,796 $193,068 $236,799 General Programs $289,880 $305,269 $292,177 $338,534 Outdoor Pool $53,924 $322,356 $242,974 $301,016 Active Adult Center $398,524 $392,610 $384,166 $463,183 Historic Buildings $55,899 $63,637 $41,004 $40,941 Facilities Maintenance $395,522 $852,390 $745,937 $1,103,659 Rec Center Facility Operations $1,110,340 $601,466 $541,846 $626,982 Aquatics $638,552 $815,978 $815,549 $914,497 Fitness $232,386 $334,112 $299,374 $360,945 Total $6,126,403 $6,638,666 $5,958,723 $7,678,899 Total General Fund $37,472,788 $40,900,904 $39,295,761 $44,169,781 Transfers $3,700,000 $1,300,000 $1,300,000 $7,495,445 Total With Transfers $41,172,788 $42,200,904 $40,595,761 $51,665,226 Account Name/Detailed Explanation 2020 Actual Budget 2021 Adjusted Budget 2021 Estimated Budget 2022 Proposed Budget 602 Staff Salaries & Wages 0 0 0 0 604 Deferred Compensation 0 0 0 0 606 Auto Allowance 0 0 0 0 610 Overtime and Premium Pay 0 25,500 25,500 25,500 617 Temporary Personnel - Hourly 0 0 0 0 619 Temporary Personnel - Non Hourly 67,680 67,680 67,680 110,400 620 FICA Expenses Employer 3,563 4,193 4,193 6,606 625 Medicare Portion FICA 833 978 978 1,544 630 ICMA Retirement 98 0 0 0 640 Outside Personnel Services 0 0 0 0 642 Compensation Adjustments 0 0 0 0 PERSONNEL SERVICES $72,173 $98,351 $98,351 $144,050 651 Office Supplies 292 600 400 600 654 Photocopy/Printing 0 500 400 500 655 Postage 0 0 0 0 660 Operating Supplies 74 450 450 450 MATERIALS & SUPPLIES $366 $1,550 $1,250 $1,550 702 Conference/Meeting 10,580 19,600 19,950 41,900 704 Contractual Services 0 0 0 0 706 Dues/Books/Subscriptions 2,510 2,600 2,510 2,600 712 Annual Appreciation Dinner 3,497 6,000 6,000 6,000 716 Legislative Membership 36,141 36,172 35,822 36,957 723 Tuition Reimbursement 0 0 0 0 728 Training 0 0 0 0 740 Auto Mileage Reimbursement 133 1,000 250 1,000 750 Professional Service 54,248 75,000 75,000 125,000 758 Rentals and Leases 0 0 0 0 759 Telephone Expense 0 0 0 0 780 Outside Agency Contributions 174,608 154,450 154,450 162,450 798 Management Contingency 0 0 0 0 799 Miscellaneous Services and Charges 70 2,000 2,000 2,500 OTHER SERVICES & CHARGES $281,787 $296,822 $295,982 $378,407 800 Office Furniture & Equipment 0 0 0 0 802 Office Equipment 0 0 0 0 809 Other Major Equipment 0 0 0 0 CAPITAL OUTLAY $0 $0 $0 $0 DEPARTMENT ACCOUNT TOTALS:$354,327 $396,723 $395,583 $524,007 General Government - Legislative Services 01-102 Account Name/Detailed Explanation 2020 Actual Budget 2021 Adjusted Budget 2021 Estimated Budget 2022 Proposed Budget 620 FICA Expenses Employer 0 0 0 0 621 Workers' Compensation 264,547 293,000 318,916 325,000 623 Unemployment Insurance 0 0 0 0 624 Work Comp Deductible 52,416 40,000 40,000 40,000 625 Medicare Portion FICA 0 0 0 0 626 Medical 2,183,602 2,057,222 2,057,222 2,263,201 627 Dental 103,689 100,456 100,456 105,000 628 LTD/STD 64,394 69,844 69,844 71,000 629 Life/ADD/DEP 55,788 35,621 35,621 37,000 PERSONNEL SERVICES $2,724,436 $2,596,143 $2,622,059 $2,841,201 651 Office Supplies 0 0 0 0 653 Postage 18,095 20,000 20,000 20,000 654 Photocopy/Printing 11,338 13,000 13,000 15,000 660 Operating Supplies 1,507 2,300 2,300 2,300 MATERIALS & SUPPLIES $30,939 $35,300 $35,300 $37,300 704 Contractual Services 113,557 186,176 186,176 195,000 750 Professional Services 52,506 65,340 57,000 0 758 Rentals & Leases 5,520 5,520 5,520 5,520 759 Telephone Expense 0 0 0 0 760 Xcel - Electric/Gas 0 393,053 385,272 393,053 761 Xcel - Street Lights 0 600,000 600,000 600,000 762 Water/Sewer 0 369,028 300,000 365,791 763 Symmetry - Natural Gas 0 111,300 100,000 111,300 774 Facility Repair/Maintenance 0 0 0 0 776 Other Equipment Maintenance 0 0 0 0 777 COVID-19 1,573,874 100,000 138,915 308,596 781 Personal & Property Liability 284,249 346,295 346,295 463,099 782 Uninsured Losses 44,681 74,500 75,000 100,000 783 Hail Storm Losses 478,006 0 0 0 797 Bonus Pay Incentive 0 0 0 0 799 Misc. Services & Charges 0 0 0 0 799 Miscellaneous Services and Charges 0 0 0 0 OTHER SERVICES & CHARGES $2,552,392 $2,251,212 $2,194,178 $2,542,359 800 Office Furniture & Equipment 0 0 0 0 808 Capital Leases 0 0 0 0 809 Other Major Equipment 0 0 0 0 CAPITAL OUTLAY $0 $0 $0 $0 901 Debt Service Principal 43,953 47,622 47,622 50,474 902 Debt Service Interest 36,214 35,545 32,546 29,694 903 Finance Origination Fees 0 0 0 0 904 Lease Payment 0 0 0 0 DEBT SERVICE $80,167 $83,167 $80,168 $80,168 DEPARTMENT ACCOUNT TOTALS:$5,387,934 $4,965,822 $4,931,705 $5,501,028 General Government - Central Charges 01-610 ITEM NO: 4 DATE: October 11, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 51-2021 – A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2021, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2022 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: This resolution authorizes the levying of property taxes for the 2021 fiscal year to help defray the cost of government in 2022. PRIOR ACTION: None FINANCIAL IMPACT: The City’s mill levy will be set at 1.830, raising approximately $1,284,076 in property tax revenue. BACKGROUND: Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The estimated total net assessed valuation for the City for the year of 2021 is $701,680,832, which is an increase of $74,725,147 compared to the final valuation in 2020. The City is also required by this same section of the C.R.S. to Council Action Form – Certification of Mill Levy October 21, 2021 Page 2 officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 15, 2021. The City’s property tax mill levy will remain at 1.830 mills for the 2022 budget, generating approximately $1,284,076 in property tax revenue, an increase of $136,747 compared to the 2021 estimate. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous year. RECOMMENDATIONS: Set the mill levy at 1.830. RECOMMENDED MOTION: “I move to approve Resolution No. 51-2021, a resolution levying general property taxes for the year 2021, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2022 budget year.” Or, “I move to postpone indefinitely Resolution No. 51-2021, a resolution levying general property taxes for the year 2021, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2022 budget year for the following reason(s)___________________________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 51-2021 2. 2021 Certification of Tax Levy CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 51 Series of 2021 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2021, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2022 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2022 annual budget on October 11, 2021 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $1,284,076, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 15, 2021, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year 2021 is $701,680,832 and; WHEREAS, the City for the fiscal year 2021 has determined to levy 1.830 mills on all taxable property within the City. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2022 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2021. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED this 11th day of October, 2021. ___________________________ Bud Starker, Mayor ATTEST: _________________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Form DLG 70 (rev 7/08) Page 1 of 2 ATTACHMENT 2 3110 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Jefferson County , Colorado. On behalf of the City of Wheat Ridge , (taxing entity)A the City Council (governing body)B of the City of Wheat Ridge (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 799,223,456 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 701,680,832 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 10-12-21 for budget/fiscal year 2022 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 1.830 mills $ 1,284,076 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 1.830 mills $ 1,284,076 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 1.830 mills $1,284,076 Contact person: (print) Patrick Goff Daytime phone: (303) 235-2805 Signed: Title: City Manager Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Form DLG 70 (rev 7/08) Page 2 of 2 ITEM NO: 5 DATE: October 11, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A MEMORANDUM OF UNDERSTANDING AND DATA SHARING AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE, COLORADO, AND HOUSING CONNECTOR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO __________________________ City Manager ISSUE: The City of Wheat Ridge Homeless Navigation Program is dedicated to the placement of unhoused individuals as part of a City Council priority to Develop Solutions and Work with Partners to Address Homelessness. Housing Connector is a non-profit partnering with properties and case managers to reduce barriers and increase access to housing for individuals experiencing homelessness. Partnering with Housing Connector would allow the City of Wheat Ridge access to housing units that could be used to place individuals into permanent housing. PRIOR ACTION: N/A FINANCIAL IMPACT: N/A BACKGROUND: Housing Connector is a non-profit partnering with properties and case managers to reduce barriers and increase access to housing for individuals experiencing homelessness. Housing Connector and their community partners work with property partners (landlords and property Council Action Form – Housing Connector MOU October 11, 2021 Page 2 owners) who will make properties available. This program began in Seattle and is launching in the Denver Metro Area in November 2021. In the two years that Housing Connector has existed, it has housed over 2000 people (over 800 households) to date. They have 85 active Community Partners, and they are currently in process of approving 42,000 units in the Seattle area. There are no fees associated with becoming a community partner. All funding for the program comes from government grants and private funding. Housing Connector partners with Zillow using an exclusive platform that is not visible to the public. In this platform, community partners of Housing Connector can view housing units with pre-negotiated terms to expedite the preapproval and placement process. The pre-negotiated terms include credit score, income restrictions, eviction history and criminal history. The benefit of negotiating terms in advance is that property owners are not able to discriminate against any renter. Additionally, the Data Sharing Agreement (DSA) would preserve the privacy and dignity of participants in the Housing Connector program through data security measures, assuring that the confidentiality of information about participants is protected and that such information is not released to third parties. The DSA would also allow Housing Connector to respond to tenant issues, and it would report on the performance of Housing Connector’s program to funders. The City’s Homeless Navigator currently dedicates substantial time researching and connecting with landlords and apartment complexes when placing individuals into housing. When searching for housing, the Navigator regularly calls properties and landlords to verify prices and availability as websites are not always up to date and prices are continually changing. Housing Connector would provide the ease and transparency of up-to-date unit availability and pricing, and it would drastically reduce staff research time. When searching for a housing unit, the Homeless Navigator would use the exclusive Zillow platform and private access and check the “Accepts Housing Connector” box. From there, the Navigator can filter Housing Connector properties which meet the requirements of that client. Once they find a unit, the Navigator will click “Apply” and there will already be a pre-filled message for Housing Connector, so they know the Navigator is reaching out on behalf of client. Applications are then reviewed on a first come, first served basis. Once a refundable deposit is placed on the housing unit, the unit is then held until the applicant is approved or declined, which helps to prevent several Navigators from applying for the same unit. By joining the Housing Connector program as a community partner, the City would be able to house clients more quickly and effectively. This aligns with City Council’s strategic priority to Develop Solutions and Work with Partners to Address Homelessness. RECOMMENDATIONS: Staff recommends approval of the memorandum of understanding and data sharing agreement with Housing Connector. Council Action Form – Housing Connector MOU October 11, 2021 Page 3 RECOMMENDED MOTION: “I move to approve a memorandum of understanding and data sharing agreement between the City of Wheat Ridge, Colorado, and Housing Connector. Or, “I move to deny approval of a memorandum of understanding and data sharing agreement between the City of Wheat Ridge, Colorado, and Housing Connector for the following reason(s) ______________________.” REPORT PREPARED/REVIEWED BY: Rebekah Raudabaugh, Homeless Navigator Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Housing Connector MOU 2. Housing Connector Data Sharing Agreement 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the “MOU”) is made and entered into as of ______, 2021 (the “Effective Date”) by Housing Connector (“Housing Connector”), and City of Wheat Ridge (Community Partner”) (referred to individually as “Party” and collectively as “Parties”). RECITALS A. Housing Connector is a non-profit partnering with properties and case managers to reduce barriers and increase access to housing for folks experiencing homelessness. Housing Connector and Community Partner are working with property partners who are landlord and property owners who will be making properties available. B. The Parties desire to create a partnership funded by Housing Connector in order to extend housing opportunities for families and individuals experiencing homelessness (the “program”). C. The Program contemplated by this MOU is of mutual interest and benefit to the Parties and will further the mission of Housing Connector in a manner consistent with its status as a non-profit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. AGREEMENT Therefore, the Parties have expressed mutual desire to further define their relationship and hereby agree as follows effective as of the effective date: 1. Purpose. This MOU sets forth the basic terms and conditions governing the operation of the Program. 2. Binding Agreement. The parties agree that this MOU is not intended to reflect all the terms and conditions governing the Program, this MOU is nevertheless binding on the Parties to the extent of its expressed terms and conditions. 3. Application Process for New Residents. a. As units become available, Property Partners will advertise units on Zillow via Zillow Rental Manager or an automated feed. b. Community Partner will review available units with potential residents and refer ready-to- rent applicants to Property Partners through Housing Connector’s exclusive Zillow platform. c. If a potential resident is a rental-subsidy voucher recipient, Request for Tenancy Approval (RFTA) forms will be completed. d. Potential residents will go through standard rental screening process and any property- specific application or holding fees will be paid to Property Partner. e. If the potential resident is applying for a Low-Income Housing Tax Credit (LIHTC) unit, Property Partner will contact the prospective resident to schedule a tax-credit paperwork appointment within 72 hours to ensure all tax-credit paperwork is completed promptly. If prospective resident cancels their application and/or fails to schedule tax-credit appointment, the unit will be released back to Housing Connector (if unit is exclusively ATTACHMENT 1 2 reserved for Housing Connector residents) and the holding deposit/fee will be forfeited to Property Partner. f. If the potential resident is approved for the unit, lease-signing and move-in date will be scheduled with Property Partner and potential resident. First month rent and associated security-deposits and move-in fees will be paid to Property Partner at this time. Alternatively, if the Community Partner is submitting a promissory note funds may be submitted up to thirty (30) days after the date of lease-signing. 4. Housing Connector Obligations. a. Provide the following services and solutions to Property Partner: i. Rent Guarantee. Housing Connector shall guarantee rental payments for up to three months’ rent during the first twenty-four (24) months of the residency. ii. Vacancy Loss. If a program resident abandons a unit or moves out prior to the end of the lease, Housing Connector shall make monthly rent payments until the earlier of 1) a new resident moves into the unit; or 2) the lease is terminated, not to exceed one (1) months of rent payments. iii. Risk Mitigation. If the cost to repair damages to a unit is in excess of the security deposit, Housing Connector shall provide payment of up to $5,000 in risk mitigation funds to Property Partner. Property Partner will submit a written, itemized claim to Housing Connector specifying the damage incurred iv. Customer Support. Housing Connector shall act as the main point of contact for Property Partners and coordinate with Community Partner to respond to any issues that may arise. Housing Partner shall respond to Property Partners within one business day of receipt of notice relating to a lease violation by a resident participating in the program. b. Confirm and monitor the Community Partner’s ability to meet the obligations under this MOU. Housing Connector will notify Community Partner if obligations are not met. Community Partner will have a thirty (30) day cure to meet obligations. c. Respond to Property Partners within one business day of receipt of notice relating to a lease violation by a resident participating in the program. 5. Community Partner Obligations. a. Ensure that potential program residents are experiencing homelessness and receiving short- or long-term rental-subsidy support; if potential program residents are not receiving rental-subsidy support, they must have the ability to fully pay rent and utilities in private market-rate housing. b. Conduct a housing readiness assessment with all potential program residents prior to referring to Property Partners, including rental and financial management training, as needed. Community Partners are encouraged to go through the Program Overview Guide with their clients to ensure they are rent-ready. c. Identify and assign a single point of contact responsible for coordinating with Housing Connector if an issue arises with a referred potential resident. If there is a change in 3 assigned point of contact, Community Partner will update Housing Connector via email within twenty-one (21) business days. d. Enter into a Data Sharing Agreement (DSA) with Housing Connector and incorporate an internal Release of Information (ROI) for potential program residents to preserve the privacy and dignity of potential residents and to provide updates and data on application status, housing outcomes, and any issues that may arise with a resident. e. If possible, accompany the potential resident through the initial application stages to ensure proper introduction to the Property Partner and application completion for the available unit. f. If a unit inspection is required, the Community Partner will prioritize the completion of inspections for potential residents who are accessing units through Housing Connector. g. If a client does not hold a voucher that includes case management services, the Homelessness Navigation Program will provide light case management consisting of making contact with the client twice a year and providing any necessary resources. Ongoing support services may include individual goal planning, referral to community resources, and coordination with other services such as job training and placement. h. Upon receipt of any housing stability concerns from Housing Connector regarding a program resident, the Community Partner agrees to attempt to mitigate the situation and support the resident within two (2) business days. Community Partner agrees to notify Housing Connector of conclusion of service delivery. i. Make a good faith effort to conduct an in-home inspection of the unit prior to the conclusion of ongoing case management support services and document any damages to the unit. Once complete, Community Partner will share results of the in-home visit and any damages recorded. 6. Property Partner Obligations a. The Property Partners, as the owners and landlords of the units, will be expected to enter into separate agreements with Housing Connector to address the following landlord obligations. b. Identify properties to participate in the program and support program in communication with properties. c. Reduce the following screening criteria for potential program residents: i. Credit Score ii. Income Restrictions iii. Eviction History iv. Criminal History d. Lease Terms i. Lease Breaks and Eviction Proceedings 1. If a resident has not paid rent in-full when due and such a failure continues for five (5) days, the Property Partner may serve a fourteen 4 (14) day notice to pay or vacate and inform Housing Connector within one business day. 2. If lease-terms are being broken by a resident’s behaviour, the Property Partner will issue a behavioural notice to the resident and inform the program to deploy supportive services. Once the Community Partner connects with the resident and provides supportive services, Housing Connector will follow-up with Property Partner and provide an update on the service delivery. 3. The Property Partner will work with Housing Connector to facilitate a mutual neutral lease-termination if the resident has not complied with a fourteen (14) day notice to pay or vacate or if recommended by Community Partner to prevent eviction. 4. The Property Partner may only commence eviction proceedings if a resident has not complied with a fourteen (14) day notice to pay or vacate and/or has refused to sign a mutual neutral lease-termination. Eviction proceedings begin when a resident is lawfully served with a complaint and summons, which provides the resident with a court date. If Property Partner has attempted to negotiate a mutual neutral lease-termination prior to serving a complaint and summons, Housing Connector will support Property Partner with legal costs up to $1,000. e. Notify Housing Connector within forty-eight (48) hours of 1) any issue that may lead to issuance of a written notice to a program resident; 2) the issuance of a written notice to a program resident; 3) any program resident’s failure to make timely rental payments; 4) any issue that may affect the continuation of any program resident’s residency; 5) obtaining knowledge of any damage to a program resident’s rental unit. 7. Compliance with Applicable Laws. All Parties shall conform to and obey all applicable laws, ordinances, rules, regulations, requirements, and orders or all municipal, county, state, or federal authorities or agencies to the conduct contemplated by this MOU. Disputes arising under this agreement shall be resolved under Colorado law, with jurisdiction and venue proper and exclusive in the district court for Jefferson County, Colorado. 8. Termination. This MOU may be terminated by either Party upon a 30-day written notice, with or without cause. All parties herein mutually waive all forms of damages, including punitive, compensatory, incidental, and economic, including lost profits. The only remedies for default hereunder are injunctive relief or termination of the Agreement. 9. Amendment. This Agreement may only be modified by a subsequent written agreement executed by the duly authorized representatives of the Parties. 10. Assignment. This Agreement shall inure to the benefit of and be binding upon each Party’s successors and assigns. No such assignment shall be valid unless approved by the non-assigning party. 11. Compliance with Colorado Constitution. Obligations of the Community Partner hereunder are subject to appropriation of funds in subsequent calendar years. No multi-year fiscal obligation of Community Partner is created hereby. 5 (Signature page follows) In witness hereof, the Parties execute this Memorandum of Understanding. City of Wheat Ridge Signature: Name: ___________________________ Title: ____________________________ Housing Connector Signature: Name: ___________________________ Title: ____________________________ DATA SHARING AGREEMENT (DSA) BETWEEN HOUSING CONNECTOR AND City of Wheat Ridge This Data Sharing Agreement (“DSA”) is entered into between Housing Connector (“Housing Connector”) and City of Wheat Ridge (“Community Partner”). This contract has the following overriding goals: 1. Preserving the privacy and dignity of participants in the Housing Connector program through data security measures, assuring that the confidentiality of information about participants is protected and that such information is not released to third parties. 2. Allowing Housing Connector to respond to any tenant issues, if they arise, and connect with Community Partner to mobilize resources and ensure successful housing outcomes. 3. Report on the performance of Housing Connector’s program to funders. Now, therefore, the Community Partner and the Housing Connector agree as follows: A. DEFINITIONS a. The words and phrases listed below, as used in this DSA, shall each have the following definitions: i. “Data” means the information that is disclosed or exchanged as described by this DSA. ii. “Encrypt” means to encode data into a format that can only be read by those processing a “key”; a password, digital certificate or other mechanism available to authorized users. iii. “Participant” means any individual receiving access to units through Housing Connector. iv. “Personally Identifiable Information” means information which can be used to distinguish or trace an individual’s identify, such as their name, social security number, biometric records, etc. Alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual such as date and place of birth, mother’s maiden name, etc. B. OBLIGATIONS OF THE HOUSING CONNECTOR a. CUSTODIAN i. For the purposes of this DSA and ensuring the Housing Connector’s compliance with the terms of the DSA, the Housing Connector designates Shkelqim Kelmendi (and members of their team) the temporary custodian of the data that the Community Partner shares with the Housing Connector. ii. Insert name and title here shall be responsible for transmitting all data requests and maintaining a log or other record of all data requested and received pursuant to the DSA, including confirmation of the return or destruction of data as described below. ATTACHMENT 2 b. CONFIDENTIALITY i. The Housing Connector, representing all members of the organization, shall ensure the confidentiality of participant data through the following methods: 1. Restrict access to the data or datasets created therefrom to employees of the Housing Connector or employees of other agencies who have signed a confidentiality agreement provided by the Community Partner prior to granting access to participant information. Access will be limited only to data necessary to the goals and performance of this agreement. 2. Not release or otherwise reveal, directly or indirectly, the data to any individual, agency, entity, or third party not included in this DSA, except: a. When such disclosure is required by law or court order or b. Under the terms outlined in b(1). 3. Not distribute, reprint, alter, sell, assign, edit, modify or create derivative works or any ancillary materials from or with the data, other than publications permitted under section d(i). 4. Not use data shared under this DSA for any purpose other than the goals outlined in this DSA. Nothing in the DSA shall be construed to authorize the Housing Connector to have access to additional data from the Community Partner that is not included in the scope of the DSA (or addenda). Housing Connector understands that the DSA does not convey ownership of the data. 5. Report all known or suspected breaches of Community Partner data, in any format, to the Community Partner’s contact as specified in section F. The report shall include (1) the name, job title, and contact information of the person reporting the incident; (2) the name, job title, and contact information of the person who discovered the incident; (3) date and time the incident was discovered; (4) nature of the incident (e.g., system level electronic breach, an electronic breach of one computer or device, or a breach of hard copies of records; (5) a description of the information lost or compromised; (6) name of electronic system and possible interconnectivity with other systems; (7) storage medium from which information was lost or compromised; (8) controls in place to prevent unauthorized use of the lost or compromised information; (9) number of individuals potentially affected; and (10) whether law enforcement was contacted. 6. The Housing Connector acknowledges that any violation of this DSA or accompanying regulations related to the nondisclosure and confidentiality of protected housing participant information constitutes just cause for the Community Partner to immediately terminate the DSA. c. SECURITY i. The Housing Connector shall take reasonable security precautions to ensure that persons not authorized to view the data do not gain access to the data. Reasonable security precautions and protections should include, but are not limited to: 1. Encrypting all Community Partner data carried on mobile computers/devices. 2. Requiring that users be uniquely identified and authenticated before accessing Community Partner data. 3. Establishing and enforcing well-defined data privilege rights which restrict users’ access to the data necessary for them to perform their job functions. 4. Securing access to any physical areas/electronic devices where sensitive data are stored. 5. Installing a firewall that meets commercially available best practices to permit or deny network transmissions based upon a set of rules. 6. Installing anti-virus software to protect the network. d. TRANSMISSION AND DESTRUCTION i. The Housing Connector shall securely and permanently destroy the data, and any and all hard and soft (electronic) copies thereof, upon the termination of this agreement. Housing Connector agrees to require all employees, contractors, or agents of any kind using the Community Partner data to comply with this provision. Housing Connector agrees to document the methods used to destroy the data and provide certification to the community partner that the data has been destroyed. C. OBLIGATIONS OF THE COMMUNITY PARTNER a. The Community Partner designates insert name and title here (or an alternative designee specified in writing) as its liaison for all communications with the Housing Connector regarding this DSA. b. During the term of this DSA, the Community Partner shall: i. Send data to the Housing Connector for participants leasing a Housing Connector-designated unit within ten (10) business days of move-in or as otherwise designated. D. INDEMNIFICATION a. The Housing Connector agrees that to the fullest extent permitted by law, the Housing Connector will hold harmless, defend, and indemnify the Community Partner, its agents, employees and board members from any liability, cost or expense, including without limitation penalties, losses, damages, attorneys’ fees, taxes, expenses of litigation, judgments, suits, liens, and encumbrances, to the extent arising out of or resulting from any act or omission by the Housing Connector under this DSA. The terms of this section shall survive termination of this DSA. b. Within the limitations of the Colorado constitution and statutes, the Community Partner agrees that to the fullest extent permitted by law, the Community Partner will hold harmless, defend, and indemnify the Housing Connector, its employees, and board members from any liability, cost or expense, including without limitation penalties, losses, damages, attorneys’ fees, taxes, expenses of litigation, judgments, suits, liens, and encumbrances, to the extent arising out of or resulting from any act or omission by the Community Partner under this DSA. The terms of this section shall survive termination of the DSA term. E. EFFECTIVE DATE a. The DSA shall become effective on the date when the last party to sign has executed this DSA and shall extend for a term of 2 years, and automatically renewed annually thereafter, unless terminated under the terms of section E below. F. TERMINATION a. The Community Partner may terminate the DSA with thirty (30) days written notice to the Housing Connector, at any time, for any reason. In addition, the Community Partner may terminate this DSA at any time if it determines such action is necessary for the health or safety of participants or staff. The Housing Connector may terminate this agreement with thirty (30) days written notice to the Community Partner, at any time, for any reason. G. NOTICES Shkelqim Kelmendi Name Name Executive Director Title Title 1301 fifth ave suite 1500 Address Address Seattle, wa 98101 Address Address H. MISCELLANEOUS PROVISIONS a. Entire agreement. This DSA constitutes the entire agreement between the Parties, and supersedes all prior oral or written agreements, commitments, or understandings concerning the matters provided herein. b. Amendment. Modifications to this DSA must be in writing and be signed by each Party. c. Governing law. The terms of this DSA shall be interpreted according to and enforced under the laws of the State of Colorado. Jurisdiction and Venue for any judicial proceedings arising hereunder shall be proper and exclusive in the district court for Jefferson county, Colorado.. d. Severability. If any provision of this DSA is held invalid of unenforceable, the remainder of the DSA will not be affected, but continue in full force. e. Assignment. This agreement shall inure to the benefit of and be binding upon each Party’s successors and assigns. While Housing Connector may hire employees without the Housing ConnectorCommunity Partner’s consent, any assignment of this agreement to another party shall require prior written consent of the Housing ConnectorCommunity Partner. f. Non-waiver. Any express waiver or failure to exercise promptly any right under this DSA will not create a continuing waiver or any expectation of non-enforcement. g. Counterparts. The Parties agree that this DSA may be executed in one or more counterparts, each of which shall constitute an enforceable original of the DSA, and that facsimile signatures shall be as effective and binding as original signatures. h. Debarment. The Housing Connector, by executing this contract, warrant that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions (defined as not being eligible to receive federal funds) by any local, state or federal department or agency. i. Cooperation with auditor. The Housing Connector agrees to provide reasonable cooperation with any inquiry by either the Community Partner or any state or federal auditor relating to the performance of this DSA. The Community Partner has the right to annually audit records of the Housing Connector relating to performance under this DSA. Failure to cooperate may cause for debarment from award of future contracts. I. DESCRIPTION OF DATA TO BE SHARED a. Data to be shared will include information routinely collected by the Homeless Navigation Program on behalf of the Community Partner as part of standard program operations and reporting. All data to be shared under this DSA shall be deemed to be confidential data. All data and information will be provided by the Community Partner via a securely transmitted enrollment form that is HIPAA compliant. b. Table 1 describes the data items that will be included by the Community Partner. Table 1 General category of PII Data element name Directory information Clients name(s) Race and ethnicity Age Gender Household size Disability status Veteran status Income and source of income Housing status at move-in Entry date in program Date of application Date of move-in Property name Address of unit Number of bedrooms Monthly rent HMIS ID# (if applicable) Non-directory information Case manager’s name and contact information **Agencies and programs participating in HMIS are asked to provide the client’s unique HMIS identifier if it is known to them. If agencies are not participants in HMIS or the client does not have an HMIS profile, all zeros can be entered into that field. If an HMIS number is provided, a Housing Connector enrollment will be entered into HMIS along with any payments made. J. SIGNATURES HOUSING CONNECTOR City of Wheat Ridge Signature Signature Printed name Printed name Title Title Date Date