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HomeMy WebLinkAbout05-09-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 9, 2022 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. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 9, 2022). 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join or provide public comments. • Or call +1-669-900-6833 with Access Code: 816 5582 6989 Passcode: 847299 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for languages other than English are asked to contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES • April 25, 2022 City Council Meeting Minutes • May 2, 2022 Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: May 9, 2022 Page -2- PROCLAMATIONS AND CEREMONIES • National Police Week (May 15-21, 2022), and National Peace Officers Memorial Day (May 15, 2022) • National Mental Health Month (May 2022) • National Public Works Week (May 15-21, 2022) • National Building Safety Month (May 2022) PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD) ORDINANCES ON FIRST READING 2. Council Bill No. 06-2022, an ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments 3. Council Bill No. 08-2022, an ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties 4. Council Bill No. 07-2022, an ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances DECISIONS, RESOLUTIONS, AND MOTIONS 5. Motion to approve appointment of representatives to the 2023 Community Partners Grant Program Committee 6. Motion to approve appointments to vacancies on Boards and Commissions CITY COUNCIL AGENDA: May 9, 2022 Page -3- 7. Resolution No. 23-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 25, 2022 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. 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 Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman Val Nosler Beck Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Director of Community Development, Ken Johnstone; Police Chief, Chris Murtha; Parks and Recreation Director, Karen O’Donnell; Senior Planners Stephanie Stephens and Scott other staff, guests and interested citizens. APPROVAL OF MINUTES Without objection or correction, the City Council minutes of March 28, 2022, April 11, 2022, and Study Session notes of April 4, 2022, were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES This item began at 7:03 PM. Law Day Mayor Starker read the proclamation declaring May 1, 2022, as Law Day, where we honor the professional men and women who work in this critical function. Judge Christopher Randall accepted the proclamation on behalf of his professional peers and other attorneys who serve the general public and ensure that we are a nation of laws, not of men and women. City Council Minutes April 25, 2022 page 2 Professional Municipal Clerks Week Mayor Starker read the proclamation declaring the week of May 1-7 as Professional Municipal Clerks Week in Wheat Ridge. The proclamation highlighted the key role and essential services the clerks of all types make possible. City Clerk Steve Kirkpatrick accepted the proclamation on behalf of himself and Mr. Robin Eaton, Deputy City Clerk. Public Service Appreciation Week Mayor Starker proclaimed the week of May 1-7, 2022 as Public Service Appreciation Week. Where the dedicated employees and volunteers of Wheat Ridge are an integral part of improving the quality of life in our City by being responsive to the needs of residents and businesses, and by supporting City services, thus making Wheat Ridge a special place to live, work and play. Three City staffers accepted the proclamation and responded with appreciation on behalf of their departments and their co-workers across the City. PUBLIC’S RIGHT TO SPEAK Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. 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. No one came forward to speak tonight. 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 citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). This space is a poor choice for building 11 condominiums because the only access in and out is onto the already busy and congested intersection of 32nd and Wadsworth. Car and bus traffic is regularly backed up. April 25, 2022, 11:00 AM Louise Treff-Gangler City Council Minutes April 25, 2022 page 3 7335 West 33rd Avenue Wheat Ridge, 800033 As a nearby homeowner, I support the "Judy" development proposal, as well as the adjacent formerly approved StoryBuilt development, on 38th Avenue. I believe fresh development in that area will significantly improve ongoing problems we have experienced at and near the site of vandalism including breakage and graffiti, unsightly property neglect, and homeless encampments. I have communicated with the development team and believe the development will be of good quality and improve the safety and landscaping of the immediate area. Thank you. April 23, 2022, 9:11 AM T. Keyes 5730 W. 39th Place Wheat Ridge, 80212 1. CONSENT AGENDA Discussion began at approximately 7:13 p.m. CM Stites introduced the consent agenda. a. Motion to award the 2022 Slurry Seal Project to A-1 Chip Seal Company of Denver, Colorado and approve subsequent payments in the amount of $269,392.65, with a contingency amount of $13,469.00 for a total not to exceed amount of $282,861.65 Issue The 2022 slurry seal project consists of slurry seal treatments to pre-determined residential streets in the city. Bid Alternate 1 is for Miller Street north of the I-70 Frontage Road. Bid Alternate 2 is for pre-determined residential streets bounded by 35th Avenue to 38th Avenue and Johnson Street to Garrison Street. Bids were opened on March 24, 2022 and two (2) were received. Staff recommends the lowest responsive bidder, A-1 Chip Seal Company of Denver, Colorado be awarded the contract for the Base Bid amount of $223,212.76 and Bid Alternates 1 and 2 in the amount of $46,179.89 for a total bid amount of $269,392.65, plus a contingency of $13,469.00. b. Motion to award the 2022 Street Paint Project to RoadSafe Traffic Systems, Inc. of Englewood, Colorado and approve subsequent payments in the amount of $263,480, with a contingency amount of $13,174 for a total not to exceed amount of $276,654s Issue The 2022 Street Paint Project consists of painting pre-determined streets in the city. The base bid is for various sections of 32nd Avenue between Sheridan Blvd. and City Council Minutes April 25, 2022 page 4 Youngfield Street. Bid Alternate 2 is for Miller Street north of 50th Avenue. Bid Alternate 3 is to re-stripe the skip lines on 44th Avenue between Dover Street and Wadsworth Blvd. Bid Alternate 4 is for 44th Avenue west of Youngfield Street. Bids were opened on March 29, 2022, and three (3) were received. Staff recommends the lowest responsive bidder, RoadSafe Traffic Systems, Inc. of Englewood, Colorado be awarded the contract for the Base Bid amount of $208,821 and Bid Alternates 2, 3 and 4 in the amount of $54,659 for a total bid amount of $263,480, plus a contingency of $13,174. c. Resolution No. 22-2022 - a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $71,500 for Metro Denver Homeless Initiative Flex Fund, PorchLight Family Justice Center and Community Table Issue Per City Council’s direction, the City will contribute funds to support non-profit organizations whose demand for services has increased due to the COVID-19 pandemic using increased general fund reserves from American Rescue Plan Act (ARPA) funding. d. Resolution No. 24-2022 - a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,500 for the addition of one full-time Human Resources Business Partner Issue Due to the level of recruiting, policy work and employee needs, work for the City’s Human Resources division has increased to an unsustainable level. The addition of a full-time Human Resources Business Partner is necessary to help meet the organization’s needs and retain current staff. e. Motion to award a contract and approve subsequent payment of $101,778.30 to OfficeScapes for the purchase and installation of office furniture for the 7490 W 45th Avenue building lease Issue The City is in the process of finalizing a lease for a building located at 7490 W 45th Avenue in Wheat Ridge for additional office space. The lease of the building does not include furniture; therefore, furniture must be purchased to furnish the office space and lobby. f. Motion to approve the purchase of the tandem equipment upfit from Holman Upfitting Truck Services of Colorado Springs, Colorado in a total amount not to exceed $158,374 City Council Minutes April 25, 2022 page 5 Issue The Public Works Department is proposing purchase of various snow and ice control equipment, dump body, lighting, hydraulics, and options to be installed on the new tandem cab and chassis approved by the City Council in January of this year. The total expense of the various equipment, lighting, hydraulics, and options is not to exceed $158,374. Motion by CM Stites to approve Consent Agenda Items a.), b.), c.), d.), e.), and f.) Seconded by CM Weaver, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:16 PM 2. Council Bill No. 02-2022 - An Ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD). CM Hoppe introduced Council Bill 02-2022 Issue The applicant is requesting approval of a zone change from Restricted-Commercial (R- C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for the development of fourteen single-family attached homes at 7585 W. 32nd Avenue. The zone change is compatible with surrounding land uses, provides for housing options, and encourages improvement of the underutilized property. Mayor Starker announced that pursuant to Section 26-112 C. (7) (b.) of the City of Wheat Ridge Code of Laws, that a protest has been submitted after first reading of the ordinance, and therefore the hearing shall be opened with no testimony taken and shall thereupon automatically be continued to the next regular business meeting of the council. The public hearing on this item will now occur on Monday, May 9th, 2022, during the next regular meeting of City Council. (Public notice of this change and the new date and time will be published and posted.) 3. Council Bill No. 03-2022 - An Ordinance approving the rezoning of property located at 4877 Robb Street from Agricultural-One (A-1) to Planned Commercial Development (PCD) CM Dozeman introduced Council Bill 03-2022 Issue The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) with approval of an Outline Development City Council Minutes April 25, 2022 page 6 Plan (ODP) for the development of a tree service business at 4877 Robb Street. The zone change is compatible with the area and allows for an appropriate transition from surrounding land uses while encouraging investment in a long-vacant lot. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. There were none who wanted to speak, neither in person nor through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1733 Staff Presentation Stephanie Stevens and Scott Cutler, Senior Planners spoke to the council on the issue. The Planning Commission reviewed this request at a public hearing held on March 17, 2022 and recommended approval by a vote of 7 to 0. The staff report with the proposed ODP, and a copy of the Planning Commission minutes, are attached for reference and made a part of the public record. Ms. Stephens and Mr. Cutler spoke about how the property is located on the west side of Robb Street between I-70 Frontage Road N and approximately W. 50th Avenue at 4877 Robb Street. I-70 is located nearby to the south, while the City’s boundary with the City of Arvada is located just to the north at approximately W. 50th Avenue. The property consists of two parcels. The site is unplatted and totals 150,108 square feet (3.446 acres) in area. It is presently vacant unimproved land. Both the Wadsworth and Swadley Ditches run overland through this site, with a significant grade change in the northwest corner of the site north of the Swadley Ditch (approximately 30 feet of grade change). A representative of the applicant gave a brief presentation on their behalf, describing how the occupants of this commercial property will use the space for their tree growing, arborist service and lumber processing businesses. Public Comment No one came forward to speak. Council Questions and comments Councilmembers asked several detailed questions about options for zoning this property, which staff and the applicant Staff answered in detail. CM Hoppe asked technical questions about the proposed zoning change and use of the property. CM Weaver asked about the adequacy of the space and parking for the planned uses. CM Hultin asked about sidewalks and gutters, which staff explained are part of the plan. City Council Minutes April 25, 2022 page 7 Mayor Starker closed the public hearing. Motion by CM Dozeman to approve Council Bill No. 03-2022 - an ordinance approving the rezoning of property located at 4877 Robb Street from Agricultural-One (A-1) to Planned Commercial Development (PCD) on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-112 of the Code of Laws. Motion seconded by CM Nosler Beck; discussion of the motion ensued. The motion carried 8-0. 4. Resolution No. 21-2022 – A resolution approving a major subdivision at 5807-5823 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district) CM Ohm introduced the resolution. Mayor Starker opened the public hearing and reviewed the procedures. Issue The applicant is requesting approval of a major subdivision on property located at 5807- 5823 W. 38th Avenue. The purpose of the request is to subdivide the property into 30 total lots to accommodate one (1) commercial lot, 29 townhome lots, and a common area tract. The plat is required to divide the property, allowing each townhome in the development to be owned separately. Staff Presentation Senior Planer Scott Cutler spoke briefly to the council on the issue including the financial impact, background, and other key components of the subdivision. Those included: • Lot Configuration • Public Improvements • Easements Public Comment No one came forward to speak about this item. There were none who wanted to speak through the Zoom format. City Council Minutes April 25, 2022 page 8 Council Questions and comments CM Hoppe asked about the footprint of the existing building on the site vs. the footprint of the proposed building. The applicant answered that the new footprint will be smaller. CM Hoppe asked for other details, which the applicant provided. The Mayor asked a question about the zoning of nearby properties, which Mr. Cutler answered. CM Hultin asked about the timeline for developing the property and the sequence of the development plans. Staff gave as much detail as is available at present. Motion by CM Ohm to approve Resolution No. 21-2022 – a resolution approving a major subdivision at 5807-5823 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. All agencies can provide services to the property with improvements installed at the developer’s expense. 4. The requirements of Article IV (Subdivision Regulations) of the zoning and development code have been met. Seconded by CM Hultin, motion carried 8-0. ORDINANCES ON FIRST READING 5. Council Bill No. 04-2022 – An Ordinance approving the rezoning of property located at 4501 Wadsworth Boulevard from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) CM Hultin introduced Council Bill 04-2022 at 7:50 pm. Issue The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4501 Wadsworth Boulevard. The zone change will result in a zoning that more accurately reflects surrounding conditions and other nearby zoning designations. Motion by CM Hultin to approve Council Bill 04-2022 an ordinance approving the rezoning of property located at 4501 Wadsworth Boulevard from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, May 23, 2022 at 7 p.m. as a virtual meeting and in City Council City Council Minutes April 25, 2022 page 9 Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication; seconded by CM Ohm; motion carried 8-0. 6. Council Bill No. 05-2022 – An Ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities CM Weaver introduced Council Bill 05-2022 at 7:54 pm. Issue Since 2017, Colorado state law has required that local jurisdictions allow small cell facilities in all zone districts and in right-of-way. Staff has processed a handful of applications since then. This ordinance is proposed to update regulations in response to recent public concerns and based on lessons learned over the last 5 years. Motion by CM Weaver to approve Council Bill 05-2022 - an ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities, on first reading, order it published, public hearing set for Monday, May 23, 2022 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 15 days after final publication; seconded by CM Stites; motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS None tonight. CITY MANAGER’S MATTERS The Parks and Rec Department is applying for a grant which requires a letter of support from Council. Council was agreeable and approved a Consensus to direct staff to prepare the appropriate letter. Chief Murtha began by thanking all who expressed their support for Officer Allan Fisher, who is recovering from a knife assault while on duty. The Chief then reported on recent violent criminal activity in Wheat Ridge and the Department’s response to these atypical incidents. He discussed the investigation results to date. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS CM Nosler Beck thanked our teachers and students for a great year despite the exigencies we all faced. There will be day camp enrichment opportunities this summer at Anderson Park, so reach out and join the fun! CM Hultin reminded residents to keep their dogs on a leash, as she has seen too many of these pets wandering about off-leash. City Council Minutes April 25, 2022 page 10 CM Hultin also thanked our public servants on the staff for making Wheat Ridge such a great place to live. She also noted that again none of the Councilmembers or staff have disposable water bottles at tonight’s meeting, in support of Earth Day. CM Ohm thanked the employees from Applejacks for their recent volunteer efforts. He and CM Dozeman attended the Jeffco Thrive 2025 event recently. He also asked that two items be considered for future Study Sessions. The first is a request to study updating our Triangle of Sight code to align with surrounding municipalities. The second request concerned a review of our code related to irrigation conservation. CM Ohm believes that our recent droughts and mega-droughts are like to continue for the foreseeable future and the City needs to consider conserving water resources. CM Weaver gave a “shout out” to our public service people, for their excellent work. She also congratulated the Parks team for an excellent tree sale. CM Dozeman updated on progress with the planning for the Carnation Festival. She announced a youth camp during the festival to help families attend the Festival. This is a new and unique chance. Registration for vendors is now open at carnationfestival.org. CM Hutchinson congratulated the Denver Nuggets for finally winning a game in their playoff series against Golden State; it was exciting and a relief to see our team win. CM Stites urged families to find summer camp opportunities for all their children. He also reminded us that if we can find it in Wheat Ridge then buy it in Wheat Ridge! Mayor Starker thanked the Parks and Rec staff for their excellent and well received tree sale. Please, drive carefully and be especially aware of our children. ADJOURNMENT The meeting adjourned at 8:17 pm. _______________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON May 9, 2022 __________________________ Rachel Hultin, 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. City Council Minutes April 25, 2022 page 11 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. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting May 2, 2022 Mayor Bud Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver (virtually), Judy Hutchinson, Korey Stites (virtually), Valerie Nosler Beck, Janeece Hoppe, Leah Dozeman, and Rachel Hultin. (CM Hoppe excused herself at 8:15 p.m.) Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager Patrick Goff; Director of Administration, Allison Scheck; Chief of Police, Chris Murtha; WR Police Department; Assistant to the City Manager, Marianne Schilling; Director of Parks and Recreation, Karen O’Donnell; Director of Community Development, Ken Johnstone; Planning Manager, Lauren Mikulak; Senior Neighborhood Planner, Jeff Hirt, interested citizens and guests. Public’s Right to Speak No one came forward to speak this evening. 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 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. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Affordable Housing Strategy and Action Plan Discussion of this item began at approximately 6:34 pm. Issue The purpose of this study session agenda item is for City Council to get an understanding of the purpose and anticipated outcomes of the Affordable Housing Strategy and Action Plan (“Plan”) and provide initial feedback on the project. Attachment 1 includes more detailed study session goals and three questions the project team would like for City Council to come to the meeting ready to discuss. This is the first of three anticipated Council meetings on this project in 2022. Staff Reports Senior Neighborhood Planner Jeff Hirt and his team, including czb consulting, are requesting that City Council give guidance on three key questions about this Plan: 1. What does the term “affordable” mean to you? 2. Who are you most concerned cannot afford to live in Wheat Ridge? 3. What do you want to learn or get out of this project? Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • Thanked the staff and the consultants for their report and more so for their hard work. • CM asked numerous, detailed questions of the czb consultants, responding to their detailed analysis of housing data and affordability in Wheat Ridge. • How would czb’s interpret these data in terms of how decisions we make today and actions we take in the short-term will impact the availability of affordable housing? • What kinds of incentives might the City offer to encourage more affordable housing in Wheat Ridge? • Are STR or ADU an important tool for providing affordable housing, either for renters or for homeowners who use them to supplement their income and offset housing costs? • In Wheat Ridge we have serious constraints on available land, zoning restrictions and other constraints. What can we do within our actual situation that would create more affordable housing? • Will you recommend strategies for public communications to counteract some of the myths and conspiracy theories (e.g., section 8 residents are all unemployed addicts; affordable housing means more crime and blight…) about people who might live in affordable housing? • We appreciate your approach that clearly distinguishes the issue of rental housing availability and affordability vs. homeownership. • CM emphasized the importance of a communication strategy to inform our residents about what we are – and are not – trying to achieve through affordable housing. • How can we ensure that our decisions and actions do not actually move us farther away from affordable housing, as has happened in other places when public policy backfires and increases housing costs? • We have a significant concern that young families and older residents will never be able to afford to live in Wheat Ridge, and that some of them living here now will get priced out of town. Our czb consultants ended the session with the advice that at the end of the day the cost of land is going to drive housing costs. Land will drive the future cost of housing, especially in a region with high job creation, high rates of pay and high desirability of living here. 2. Short-Term Rental Lodgers’ Tax Discussion of this item began at approximately 7:34 pm Issue Short-term rentals (STRs) are defined as dwelling units or portions thereof used for lodging accommodations for transient occupancy, for compensation, for a period of less than thirty consecutive days. STRs are subject to the City’s 10% lodgers’ tax, in lieu of sales tax. At the Regular Business Meeting on March 28, 2022, Mayor Pro Tem Hultin and Councilmember Hoppe requested that the lodgers’ tax pertaining to STRs be studied at a future meeting. Specifically, they requested to evaluate lowering the STR portion of the City’s current lodgers’ tax and dedicate those revenues to affordable housing and/or homelessness initiatives Staff Reports Director of Community Development, Ken Johnstone and Scott Cutler, Senior Planner, spoke on the issue including prior action of the November 15, 2021, study session, along with other proposed regulations, definitions, and code sections. Councilmembers had questions and comments: Staff came prepared to ask Council for guidance on seven different detailed questions and potential issues related to any policy decisions or ordinances, and staff and CM engaged in a detailed discussion of those seven questions. (Those questions appeared in the Council Packet for this meeting.) Those seven topics/questions dealt with specific zoning, policy and likely scenarios that will develop for specific properties, especially certain unique or infrequently encountered situations. Mr. Goff reviewed a range of options (six in all) Council has in terms of actions we might take with respect to STR taxes and how they would be expended when collected. CM thanked staff for their presentation and their excellent preparation and groundwork. CM had detailed questions and comments about an STR lodging tax, how to impose it, what rate to set and how to put something in place considering TABOR requirements. CM also discussed whether the best way to implement an STR tax is via a referendum to the voters, an ordinance, or a resolution. CM discussed the possible STR lodging tax rate and several favored setting the rate at no less than 8 per cent. CM also discussed whether to devote the new revenue to efforts in affordable housing and homelessness, to other uses or to a combination. They also discussed how to make these decisions, how to engage the community and who else (what other groups or agencies) should be involved in the planning. CM Hultin proposed a consensus to direct staff to move forward with option #1 in the packet, to devote the revenue from an STR tax to affordable housing and homelessness, and to bring further details to Council in a future Study Session. Consensus attained. 3. Staff Report(s) Mayor’s Matters was published today. Our PIO, Sara Spaulding, has resigned effective May 20 to take a position on the Western Slope. The WR Police Department will hold a public event to foster good community relationships and community policing, this Thursday from 9-11 a.m. at the Rec Center. 4. Elected Officials’ Report(s) CM Nosler Beck expressed her appreciation for the availability of hybrid attendance as she cares for a sick child at home. She also reminded all that this week is a time to celebrate and thank our teachers. CM Hutchinson, seconded CM Nosler Beck’s sentiments about our teachers. She also asked about who is working in WR installing cable; she saw a new cable that hung just 4 feet above the sidewalk. CM Ohm volunteered doing some trail maintenance with Jeffco last week and found it very fulfilling. He thanked Kurt, Lori and Josh for their work on the project. If there are other opportunities to volunteer and help our community, please, pursue those opportunities. CM Dozeman announced that Mr. Goff and Mr. Art will deliver a State of the City address for the Chamber of Commerce later this week. This Saturday and Sunday, May 7-8, is the Spring Honeybee Festival, and there will be local honey for sale at the event. CM Hultin reminded everyone that this Wednesday from 4:30-6:30 at the Active Adult Center we have a public meeting about cycling and bike paths and cyclist and pedestrian safety. Mayor Starker announced that there is a survey out to gather residents’ comments about the bike paths and W. 35th Avenue, so please, express your opinions by May 11th. May’s edition of Coffee with the Mayor has been cancelled. Next Sunday is Mother’s Day, so honor your mothers. The Mayor thanked everyone for a productive meeting, and encouraged us to drive, cycle and walk carefully to protect one another. ADJOURNMENT The Study Session adjourned at 8:37 p.m. APPROVED BY CITY COUNCIL ON May 9, 2022. Steve Kirkpatrick, City Clerk Rachel Hultin, Mayor Pro Tem PROCLAMATION NATIONAL POLICE WEEK AND NATIONAL PEACE OFFICERS MEMORIAL DAY WHEREAS, Congress and the President of the United States have designated May 15 as Peace Officers Memorial Day, and the week of May 15-21 as Police Week; and WHEREAS, the members of the Wheat Ridge Police Department play an essential role in safeguarding the rights and freedoms of all who work, play, and live in our City; and WHEREAS, the women and men of the Wheat Ridge Police Department continuously endeavor to overcome challenges and obstacles presented to them on a daily basis without pause, and with courage and dedication; and WHEREAS, we honor Wheat Ridge Officer Allan Fischer who sacrificed his body on the morning of May 13, 2022 when he was seriously injured while on duty, and we recognize the sacrifice made by all who are injured or die in the line of duty; and WHEREAS, it is important that everyone know and understand the problems, duties and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception, and the weak against oppression or intimidation; and WHEREAS, since 1969, the police department of the City of Wheat Ridge has grown to be a modern and scientific law enforcement agency which tirelessly provides a vital public service in partnership with the law-abiding members of our community. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of Wheat Ridge, call upon all those living and working in Wheat Ridge, and upon all of our community’s patriotic, civil and educational organizations, to observe the week of May 15-21, 2022, as NATIONAL POLICE WEEK and to observe May 15, 2022 as NATIONAL PEACE OFFICERS MEMORIAL DAY To honor law enforcement officers, past and present, who have rendered a dedicated service to our community, and to honor those peace officers who, through their courageous deeds, have lost their lives, or who have been injured in the performance of their duty. IN WITNESS THEREOF, on this 9th day of May 2022. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION MENTAL HEALTH MONTH - MAY 2022 WHEREAS, good mental health is essential to the overall health and emotional wellbeing of all children, youth, adults, and families; and promotes a healthy community; and WHEREAS, one in five people in our communities experiences a mental health condition each year; and WHEREAS, 8.1% of individuals in our communities experience substance use disorder each year; and WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders among children and adolescents through screening and early intervention helps improve lives; and WHEREAS, the stigma against mental health conditions and substance use disorders prevents many people from accessing care; and WHEREAS, when mental health problems and substance use disorders are detected early and treated, people can recover and maintain a healthy and independent life; and WHEREAS, the City of Wheat Ridge is dedicated to improving the health and wellbeing of its residents by ending stigma and focusing on the integrated role of mental health in all our lives. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim May 2022, as MENTAL HEALTH MONTH and call upon all residents, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all community members, and making mental health a priority. IN WITNESS WHEREOF, on this 9th day of May 2022. ___________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL PUBLIC WORKS WEEK WHEREAS, public works services provided in our community are an integral part of our resident’s everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets and highways, traffic signals and signs, lighting, bridges, storm sewers, drainage, and fleet; and WHEREAS, the health, safety, and quality of life of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, construction, and maintenance are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the 23 employees of the Department, comprised of Operations and Constructions Services, maintain more than 134.9 centerline miles of streets, 36 miles of storm sewers, 9,500 street name and traffic control signs, 46 traffic signals, 350 street and pedestrian lights, 150 vehicles and pieces of large equipment and 22 tow behinds, manages and administers all construction work in the public right of way, and oversees Capital Improvement Program maintenance projects, other related agency projects, and other critical infrastructure activities. In addition, the City’s Public Works Department processed over 7,100 utility locate requests in 2021. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of May 15-21, 2022 as NATIONAL PUBLIC WORKS WEEK in the City of Wheat Ridge and I call upon all community members and civic organizations to acquaint themselves with the issues involved in providing our public works services and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. __________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk PROCLAMATION BUILDING SAFETY MONTH WHEREAS, the City of Wheat Ridge recognizes that our growth and strength depend on the safety and economic value of the homes, buildings and infrastructure that serve our citizens, both in everyday life and in times of natural disaster; and WHEREAS, our confidence in the structural integrity of the buildings that make up our community is achieved through the devotion of vigilant guardians, including building safety and fire prevention officials, architects, engineers, design professionals and the construction industry––who work year-round to ensure the safe construction of buildings; and WHEREAS, these guardians are dedicated members of the International Code Council, a nonprofit that brings together local, state and federal officials that are experts in the built environment to create and implement the highest-quality codes to protect us in the buildings where we live, learn, work, play; and WHEREAS, our community benefits economically and technologically from using the International Codes that are developed by a national experts in their fields in a volunteer capacity, who, on 3-year cycles, develop the most widely adopted building safety and fire prevention codes in the world; and WHEREAS, these modern building codes include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; which, according to a FEMA- commissioned study by the National Institute of Building Sciences, provide $11 in future mitigation benefits for every dollar invested; and WHEREAS, “Safer Buildings, Safer Communities, Safer World,” the theme for Building Safety Month 2022, encourages all Americans to raise awareness about the importance of safe and resilient construction; fire prevention; disaster mitigation, and new technologies in the construction industry WHEREAS, each year, in observance of Building Safety Month, Americans are asked to to acknowledge the essential service provided by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, in recognition of this event, do hereby proclaim the month of May 2022, as BUILDING SAFETY MONTH IN WITNESS THEREOF, on this 9th day of May 2022. ____________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2022 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7585 W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-20-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (3/28/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/09/2022) RESOLUTIONS (continued from 4/25/22) QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Restricted-Commercial (R-C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for the development of fourteen single-family attached homes at 7585 W. 32nd Avenue. The zone change is compatible with surrounding land uses, provides for housing options, and encourages improvement of the underutilized property. Legal protests were received from neighboring property owners on three sides. As a result of the legal protest, the zone change request will require a supermajority (6 votes or more) for approval. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on March 17, 2022 and recommended approval by a vote of 5 to 2. The staff report with the proposed ODP and a copy of the Planning Commission minutes are attached for reference. City Council approved this ordinance on first reading on March 28, 2022. A motion was made by Councilmember Hutchinson and seconded by Councilmember Stites and was approved by a vote of 7-0. Council Action Form – Proposed Rezoning at 7585 W. 32nd Avenue May 9, 2022 Page 2 This request was originally scheduled to be heard at a public hearing on April 25, 2022, however, legal protests were received. Pursuant to Section 26-112.C.7.b, if a legal protest is received after the first reading of a zone change ordinance, the public hearing is automatically continued to the next regular business meeting. Legal protests were received from neighboring property owners on three sides: 7500 and 7580 W. 33rd Avenue to the north, 3215 Vance Street to the east, and 7420 W. 32nd Avenue and 3145 Webster Street to the south. No reason for the protests were stated, and no reason is required. Staff has validated that the protests meet ownership and geographic requirements. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $1,116.13 were collected for the review and processing of Case No. WZ-20-06. If the rezoning is approved, fees will be collected for review and processing of the future Specific Development Plan (SDP) and the City may benefit from various fees collected depending on the future permitted use, such as building permit fees or sales tax. BACKGROUND: The property is located on the north side of W. 32nd Avenue, one lot east of Wadsworth Boulevard. W. 32nd Avenue is a minor arterial that runs east-west through the city; while Wadsworth Boulevard is a major arterial that runs north-south. At last count (in 2018) there were about 6,700 trips per day on 32nd Avenue in the location of the subject property. The lot area measures approximately 31,736 square feet (0.73 acres) in size and is unplatted. In 2005, a building permit application was submitted to develop the southern half of this parcel as a parking lot to be used for the neighboring property at 3280 Wadsworth Blvd. Prior to the parking lot development, the parcel was undeveloped with just a utility shed on site. The parking lot is currently unused and no longer has any association with 3280 Wadsworth Blvd. This property falls in the Contemporary Overlay District of the Architectural and Site Design Manual (ASDM). The property is zoned Restricted Commercial (R-C) and has been zoned this way since the City’s incorporation. Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), R-C, Neighborhood Commercial (N-C), and Residential-Three (R-3) and contain retail, office, and multifamily uses. Crown Hill Cemetery is located further to the southwest. Current Zoning The current zone district, R-C, was established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood oriented. Since the site has never been developed, it is assumed that current zoning does not align with market realities. Proposed Zoning The applicant is requesting the property be rezoned to PRD, a zone district created to further promote the public health, safety and general welfare by permitting greater flexibility and Council Action Form – Proposed Rezoning at 7585 W. 32nd Avenue May 9, 2022 Page 3 innovation in land development based upon a comprehensive, integrated plan. Planned Residential Development (PRD) was determined to be the most suitable zoning option based on the proposed development scenario and the context of the area. The customized zoning includes larger rear setbacks, reduced building heights (compared to current zoning), bulk plane, higher quality of architecture, and open space standards to help reduce impacts of the development and promote compatibility. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Sec. 26-303.D of the code to evaluate the applicant’s request for a zone change with an outline development plan. A detailed Planning Division staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of the request. As a result of the legal protest, the zone change request will require a supermajority (6 votes or more) for approval. RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD) on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303.D of the Code of Laws.” Or, “I move to deny Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD), for the following reasons: ___________________________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” Council Action Form – Proposed Rezoning at 7585 W. 32nd Avenue May 9, 2022 Page 4 REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 02-2022 2. Planning Division Staff Report 3. Planning Commission Meeting Minutes 4. Public Comments ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER HUTCHINSON COUNCIL BILL NO. 02 ORDINANCE NO. 1732 Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7585 W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-20-06) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Hartwood LLC has submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) zone district for property located at 7585 W. 32nd Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for neighborhood-supporting uses and housing options; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 17, 2022 and voted to recommend approval of rezoning the property to Planned Commercial District (PCD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Hartwood LLC for approval of a zone change ordinance from Restricted-Commercial (R-C) to Planned Residential Development (PRD) for property located at 7585 W. 32nd Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE EAST 155 FEET OF THE WEST 360 FEET OF THE NORTH 204.79 FEET OF THE SOUTH 234.79 FEET OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT ANY PART THEREOF IN ROAD OR ROADWAY, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of March, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, May 9, 2022 at 7:00 o’clock 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, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 9th day of May 2022. SIGNED by the Mayor on this _______ day of _______________, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: March 31, 2022 2nd publication: April 28, 2022 3rd publication: May 12, 2022 Jeffco Transcript: Effective Date: May 27, 2022 Planning Commission 1 Case No. WZ-20-06 / Wheat Ridge Multi-14 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: March 17, 2022 (Planning Commission) / April 25, 2022 (City Council) CASE MANAGER: Stephanie Stevens CASE NO. & NAME: WZ-20-06 / Wheat Ridge Multi-14 PRD ACTION REQUESTED: Approval of a zone change from Restricted-Commercial (R-C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for the development of fourteen single-family attached homes. LOCATION OF REQUEST: 7585 W. 32nd Ave. APPLICANT/OWNER (S): Hartwood LLC APPROXIMATE AREA: 31,736 square feet (0.73 acres) PRESENT ZONING: Restricted-Commercial (R-C) COMPREHENSIVE PLAN: Primary Corridor, Neighborhood Buffer Area, Neighborhood ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WZ-20-06 is an application for approval of a zone change with an Outline Development Plan (ODP) for property located at 7585 W. 32nd Avenue. The purpose of the request is to change the zoning from Restricted-Commercial (R-C) to Planned Residential Development (PRD) to allow for new residential development on the property comprised of 14 single-family attached units. Rezone options for the property include mixed-use zone districts or a Planned Development zone district. Because the site is less than one acre in size, straight residential districts are also available. In this case, Planned Residential Development (PRD) was determined to be the most suitable of these options based on the proposed development scenario and the context of the area. Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan (ODP). The approval of the ODP changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles and pedestrians. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP in order to be approved. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting sequential review of the ODP and SDP. The ODP document requires public hearings before the Planning Commission and City Council, with the City Council being the final deciding body. If the ODP is approved, the applicant can apply for SDP approval. The SDP application will be heard at Planning Commission, who is the final deciding body for SDP approval. II. EXISTING CONDITIONS/PROPERTY HISTORY The property is located on the north side of W. 32nd Avenue, one lot east of Wadsworth Boulevard (Exhibit 1, Aerial). W. 32nd Avenue is a minor arterial that runs east-west through the city; while Wadsworth Boulevard is a major arterial that runs north-south. At last count (in 2018) there were about 6,700 trips per day on 32nd Avenue in the location of the subject property. The lot area measures approximately 31,736 square feet (0.73 acres) in size and is unplatted. In 2005, a building permit application was submitted to develop the southern half of this parcel as a parking lot to be used for the neighboring property at 3280 Wadsworth Blvd. Prior to the parking lot development, the parcel was undeveloped with just a utility shed on site. The parcel was also readdressed to 7585 W. 32nd Avenue from 7500 W. 32nd Avenue in 2014. The parking lot is currently unused and no longer has any association with 3280 Wadsworth Blvd. This property falls in the Contemporary Overlay District of the Architectural and Site Design Manual (ASDM). Planning Commission 3 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD The property is zoned Restricted Commercial (R-C) and has been zoned this way since the City’s incorporation. Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), R-C, Neighborhood Commercial (N-C), and Residential-Three (R-3) and contain retail, office, and multifamily uses. Crown Hill Park is located further to the southwest. See Exhibit 2, Zoning Map. III. OUTLINE DEVELOPMENT PLAN Attached is a copy of the proposed Outline Development Plan for the site, which contains two sheets (Exhibit 3, Outline Development Plan). The first page is a cover sheet with certification and signature blocks for the property owners, Planning Commission, City Council, and the Mayor. There is also a character of development statement, list of permitted uses, development standards and other standard notes. The second page includes the conceptual layout of the property, including access, open space, and development areas. As noted above the ODP is a property-specific zoning document that establishes the underlying development standards. These are described below, would run with the land if approved, and cannot be changed without going through a subsequent zone change process. Allowable Uses Uses permitted per the ODP are attached or detached single-family homes and accessory uses (home occupations and household pets). Detached accessory structures such as sheds are not permitted. Site Configuration The ODP depicts a 14-unit project including duplex and single-family attached townhomes. The conceptual plan shows two duplexes fronting 32nd Avenue and two 5-plex townhome buildings tucked behind the duplexes and oriented perpendicular to 32nd Avenue. One central access point is proposed along 32nd Avenue and continues north to serve all units, with a hammer head turnaround located behind the two duplexes that front along 32nd Avenue. Garages face internal to the private drive which bisects the site. In the graphic, building footprints are shown in crosshatching, and triangles denote parking spaces. Two parking spaces per unit are provided in tuck-under garages, in addition to three visitor parking spaces and bike parking located on site. A sidewalk is included around the perimeter of the site for pedestrian access. The site is also bordered with a landscape buffer and private front yards with increased setbacks for the northern 5-plexes to provide separation from adjacent uses, with shared open space proposed along the perimeter and rear of the property. In the graphic, landscape buffers and private yards are depicted by the darker gray fill. Development Standards Development standards are outlined on Page 1 of the ODP and illustrated on Page 2 in sketch plan form. The development standards are proposed to largely align with Residential-Three (R-3) zoning. Planning Commission 4 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD Setbacks and Form – The following setbacks are proposed on Page 1 of the ODP: Proposed Front setback (32nd Avenue) 15 feet Front side yard setback (west and east, south side) 15 feet Rear side yard setback (west and east, north side) 20 feet Rear setback (north) 15 feet Front yard setbacks encroachments are proposed to be allowed at a maximum of 5 feet for porches, balconies, and overhangs in comparison to standard code allowance of 8 feet thereby increasing the perceivable setback an additional 3 feet. The proposed setbacks prioritize buffering the rear 5-plex units from existing residential properties to the east and commercial to the west. The 32nd Avenue setback preserves front yards and a residential character similar to the adjacent R-2 districts. With the above setback requirements, the buildable portion for each lot is shown on Page 2 of the ODP. In the graphic, minimum setbacks are depicted by the dashed black line. The setbacks will result in large front yards for the 5-plex townhome units in the rear, true front yards for the duplexes along W. 32nd Avenue, and a large protected side setback along the east and west property lines. Bulk plane will also apply to all structures with the intent to reduce massing (it typically only applies to single family detached homes in R-3 and R-1C). Fencing is limited in height for the rear front yards to enhance the buffers and setbacks to adjacent land uses. Density and Unit Type – The proposed density is 20 units per acre (14 units within a net lot size of 0.70 acres).This is more than R-3 zoning would allow at 12 units per acre, but less than the maximum for Planned Developments, which is 21 units per acre. Given the frontage on W. 32nd Avenue (minor arterial) and proximity to Wadsworth Boulevard (major arterial), it is appropriate for the density to serve as a transition between the busy roadways and the R-2 neighborhood to the north and east. The proposed duplexes and single-family attached townhomes are an appropriate land use situated between existing single-family homes to the north, south, and east, and commercially zoned property directly to the west (Exhibit 2, Zoning). If this ODP is approved, an SDP with more than 14 units could not be approved on this site. This ODP will limit this site to a maximum of 14 units, even if the property owner changes in the future. Any increase in density or unit count would require a new rezoning application and review. Parking – The ODP states that all units shall have two standard spaces per unit and a minimum of three visitor spaces, with an overall total minimum of 31 parking spaces required. This is same as the R-3 standards which requires 2 spaces per 2 or 3 bedroom unit plus 1 additional space per each 10 spaces for visitor parking. Building Height – Maximum building height is limited to 35 feet consistent with all of the City’s residential zone districts. In addition and as noted above, bulk plane standards shall also apply. The existing R-C zoning would allow a commercial building up to 50 feet in height. Architecture – The ODP proposes enhanced facades along 32nd Avenue and follows typical standards set forth in the Architectural and Site Design Manual and defers to current mixed use codes as Planning Commission 5 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD applicable to townhome design, including façade design and articulation and materials. In comparison, R-3 does not have architectural standards. Open space & Building Coverage – All landscaping shall conform to Section 26-502 of the Municipal Code. Minimum landscaping is proposed at 30% of the total site and maximum building coverage is 40% which both match R-3 standards. An additional requirement of the PRD requires that 25% of the minimum landscape area be dedicated to private open space. Code Compliance – In all other areas, the project is proposed to comply with the zoning code including lighting, fencing, signage, and streetscape design. Utilities The site can be served by all utility providers. The overhead utility lines along 32nd Avenue require undergrounding and coordination with Xcel Energy. Drainage On-site detention will be required to capture runoff from new impervious surfaces and to capture any historical runoff flows. An area for detention is being shown at the southeast corner of the site, where above-ground detention exists today. A full drainage report and final design will be required at the time of SDP application. Traffic Traffic from the proposed development is not anticipated to have an impact on traffic in the neighborhood. Traffic generation will be lower than what would be allowed to be developed under the existing R-C zoning and will be further evaluated at SDP review. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-303.D. The applicant also provided a response to the criteria (Exhibit 5, Applicant Letter). The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The proposed development is compatible in terms of land use and intensity of surrounding land uses, and the investment contributes to a variety of housing types in the area. The zoning and new housing stock will likely add value to the area. The site serves as a transition between commercial properties, higher volume roadways, and a residential neighborhood. The large rear setbacks, reduced building heights (compared to current zoning), bulk plane, higher quality of architecture, and open space will help reduce impacts of the development and promote compatibility. The proposed zoning complies with safety and access requirements of the fire district and Engineering Division standards. The project will not result in significant adverse effects on the surrounding area. The proposed zoning is arguably a downzone in providing a more compatible land use for the area than alternatives allowed under the current R-C zoning; in R-C development could be more intensive and up to 50 feet in height. Planning Commission 6 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD The proposed zoning provides a transition from the commercial uses to the west to single-family uses to the east and north. Denser development is typically located along arterials to serve as a transitional land use. The positioning of duplex homes along 32nd Avenue with 5-plex single- family attached townhomes tucked behind will allow for a street presence that is compatible with development to the east, and the increased setbacks along the rear help transition between proposed and adjacent uses. The site has been vacant for decades with very little interest from commercial users. The current zoning does not align with market realities. The proposed zoning and subsequent investment are an appropriate use and are not anticipated to have an adverse effect. Staff concludes that this criterion has been met. 2. The development proposed on the subject property is not feasible under any other zone district, and would require an unreasonable number of variances or waivers and conditions. The applicant desires a mix of duplexes and single-family attached townhomes to be more compatible with the surrounding uses, which would not be possible under the current R-C zoning. Based on the number of proposed units, mix of housing types, and customized development standards, the development is not feasible under any other zone district. Given the proposed use, access and drainage requirements, and the surrounding conditions, the PRD zoning is the most appropriate zone change option. It also allows the applicant to commit to reduced building height through bulk plane and enhanced architecture and landscaping not otherwise required in straight residential zone districts. A similar development could be achieved within a mixed use district, such as Mixed Use- Neighborhood (MU-N) but such a rezone was not recommended given the wider range of commercial uses that would be permitted. Staff concludes that this criterion has been met. 3. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All of the service providers and utility districts have indicated that they have no concerns with the proposal and have indicated they can serve the property with improvements installed at the developer’s expense. The development of the site will require upgrades to the 32nd Avenue streetscape. Exact requirements will be imposed at time of the SDP and subdivision plat review. Staff concludes that this criterion has been met. 4. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Planning Commission 7 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD Envision Wheat Ridge, the City’s 2009 comprehensive plan, is organized around six key values, one of which is to “promote vibrant neighborhoods and an array of housing options.” This area of Wheat Ridge on the east side of Wadsworth is generally lacking in housing diversity. The proposed mix of duplexes and single-family attached townhomes on this site introduces an attainable option that reflects this key value of the comprehensive plan. Within Envision Wheat Ridge, the Structure Plan map provides high-level guidance for achieving the City’s vision by designating development priorities and future land areas (Exhibit 4, Comprehensive Plan). This site is categorized along the “Wadsworth Primary Commercial Corridor” within the “Neighborhood Buffer” area and “Neighborhood” designations. Wadsworth Boulevard is the major north-south route through Wheat Ridge, connecting the city to its neighbors (Arvada and Lakewood). It is also the City’s principal commercial corridor and a key target area for redevelopment. Per the Comprehensive Plan, the Wadsworth Primary Commercial Corridor is appropriate for higher intensities and mix of uses, including multi- family uses and calls for transition in height from the corridor to residential areas. This property is also in the Neighborhood Buffer which is intended to function as a buffer between low intensity residential areas and higher commercial corridors and uses. The Neighborhood designation encourages improvement of underutilized properties, including improving stability, home ownership, property values, and providing high quality infill in established neighborhoods. The proposed zone change is consistent with the neighborhood designation, and the project supports the City’s stated goals of increasing options for homeownership and attracting a range of household types. It will also act as a transition from the higher-intensity Wadsworth corridor. This application is in compliance with the comprehensive plan by its proposed investment in a vacant site, by providing housing options, and by its compatibility with the adjacent neighborhoods. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff finds no evidence of an error on the official zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of changing character, although it can be argued that the existing R-C zoning does not encourage redevelopment since this lot has remained vacant for so long with very little market interest. Staff concludes that this criterion not applicable. Planning Commission 8 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Staff finds no evidence of an unanticipated need. The proposed zone change responds directly to goals identified in the comprehensive plan. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. VII. NEIGHBORHOOD MEETING & PUBLIC INPUT Pursuant to Section 26-109 of the Code of Laws, the applicant notified all property owners and residents within 600 feet of the site of the neighborhood meeting. Neighborhood meetings are required prior to submittal of an application for a zone change. The neighborhood input meeting was held on April 28, 2020. Sixteen (16) members of the public attended the meeting in addition to the applicant and staff. A full summary of the meeting is attached in Exhibit 6, Neighborhood Meeting Notes. The proposal presented in April 2020 differed from the enclosed ODP, so the applicant held another informal neighborhood meeting in February of 2022 per staff’s recommendation. One community member expressed mild opposition. A memo from the applicant is provided summarizing this meeting in Exhibit 7, Applicant’s Neighborhood Meeting Memo. Public noticing is required prior to public hearings. If any comments are provided prior to the Planning Commission public hearing on March 17, they will be entered into the record and distributed to Commissioners at the public hearing. Comments collected on Wheat Ridge Speaks will also be reviewed by Planning Commissioners and entered into the public record. VIII. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No concerns with the ODP. Wheat Ridge Police Department: No comments at this time. Wheat Ridge Building Department: No comments at this time. West Metro Fire Protection District: No objections, can serve. Consolidated Mutual Water District: No objections, can serve. Wheat Ridge Sanitation District: No objections, can serve. Xcel Energy: No objections, can serve. Planning Commission 9 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD Century Link: No comments. Comcast: No comments. IX. STAFF CONCLUSIONS AND RECOMMENDATION Staff has concluded that the proposed rezoning and Outline Development Plan are consistent with the zone change criteria. Because the requirements for an ODP have been met and the review criteria support the ODP, a recommendation for approval is given. X. SUGGESTED MOTIONS – ZONE CHANGE (ODP) Option A: “I move to recommend APPROVAL of Case No. WZ-20-06, a request for approval of a zone change from Restricted-Commercial (R-C) to Planned Residential Development (PRD)with approval of an Outline Development Plan (ODP) for property located at 7585 W. 32nd Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Option B: “I move to recommend DENIAL of Case No. WZ-20-06, a request for approval of a zone change from Restricted-Commercial (R-C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP) for property located at 7585 W. 32nd Avenue, for the following reasons: 1. 2. 3. …” Planning Commission 10 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD EXHIBIT 1: AERIAL Planning Commission 11 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD EXHIBIT 2: ZONING MAP Planning Commission 12 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD See Attached. EXHIBIT 3: OUTLINE DEVELOPMENT PLAN ALLOWED USES: LEGAL DESCRIPTION: PERMITTED PRIMARY USES - ATTACHED OR DETACHED SINGLE FAMILY HOMES PERMITTED ACCESSORY USES - HOME OCCUPATIONS - HOUSEHOLD PETS, LIMITED TO NO MORE THAN 3 DOGS AND 4 CATS DETACHED ACCESSORY STRUCTURES (SHEDS, GAZEBOS, GARAGES) NOT ALLOWED THE EAST 155 FEET OF THE WEST 360 FEET OF THE NORTH 204.79 FEET OF THE SOUTH 234.79 FEET OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT ANY PART THEREOF IN ROAD OR ROADWAY, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. OWNER'S CERTIFICATE / UNIFIED CONTROL STATEMENT: THE BELOW SIGNED OWNER(S) OR LEGALLY DESIGNATED AGENTS THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED HEREON WILL BE DEVELOPED AS A PLANNED DEVELOPMENT IN ACCORDANCE WITH THE USES, RESTRICTIONS AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE BE REQUIRED BY LAW, I (WE) FURTHER RECOGNIZE THAT THE APPROVAL OF A REZONING TO PLANNED DEVELOPMENT, AND APPROVAL OF THIS OUTLINE DEVELOPMENT PLAN, DOES NOT CREATE A VESTED PROPERTY RIGHT. VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO THE PROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF LAWS. SIGNATURE ______________________________________________________ DATE: _____________________ OWNER: BEN GEARHART, GEARHART MOORE HOLDINGS, LLC COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __________ DAY OF ________ A.D. 20____BY _______________________________________________ . WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES:____________________________ ________________________________________________ NOTARY PUBLIC I, DAVID L. SWANSON, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF THE OUTLINE DEVELOPMENT PLAN WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS AMENDED, THE ACCOMPANYING PLAN ACCURATELY REPRESENTS SAID SURVEY. ____________________________________________________________ DAVID L. SWANSON, P.L.S. 36070 DATE COLORADO PROFESSIONAL LAND SURVEYOR SURVEYOR'S CERTIFICATION: ODP NOTE: CLERK AND RECORDER'S CERTIFICATION: THIS OUTLINE DEVELOPMENT PLAN IS CONCEPTUAL IN NATURE. SPECIFIC DEVELOPMENT ELEMENTS SUCH AS SITE LAYOUT AND BUILDING ARCHITECTURE HAVE NOT BEEN ADDRESSED ON THIS DOCUMENT. AS A RESULT, A SPECIFIED DEVELOPMENT PLAN MUST BE SUBMITTED AND APPROVED BY THE CITY OF WHEAT RIDGE PRIOR TO THE SUBMITTAL OF A RIGHT-OF-WAY OR BUILDING PERMIT APPLICATION AND ANY SUBSEQUENT SITE DEVELOPMENT. COUNTY OF JEFFERSON ) )SS STATE OF COLORADO ) I HEREBY CERTIFY THAT THIS PLAN WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT GOLDEN, COLORADO, AT ________________ O'CLOCK __.M. ON THE ___________ DAY OF _________________, 20____ A.D., IN BOOK _________, PAGE _________, RECEPTION NO. ______________________ JEFFERSON COUNTY CLERK AND RECORDER BY: _____________________________________________ (DEPUTY) CHARACTER OF NEIGHBORHOOD: THE WHEAT RIDGE MULTI-14 PLANNED RESIDENTIAL DEVELOPMENT WILL ENHANCE A VACANT INFILL AREA, TRANSITIONING BETWEEN A COMMERCIAL CORRIDOR TO THE WEST AT WADSWORTH BOULEVARD AND THE RESIDENTIAL USES TO THE NORTH, SOUTH, AND EAST AT WEST 32ND AVENUE. THE DEVELOPMENT PROMOTES PEDESTRIAN CONNECTIVITY, BUS RIDERSHIP, AND BICYCLE TRANSPORTATION WHILE BOLSTERING THE RETAIL USES IN THE SURROUNDING NEIGHBORHOOD. IT PROVIDES 14 SINGLE-FAMILY ATTACHED DWELLING UNITS AND MEETS THE CITY OF WHEAT RIDGE CODE REQUIREMENTS OF SECTION 26-301C. THE PROPOSED DEVELOPMENT IS LOCATED AT A TRANSITION BETWEEN A COMMERCIAL AREA AND SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD AND WILL PROVIDE A BUFFER WHILE ESTABLISHING A BUILDING SCALE TRANSITION BETWEEN THE TWO USES. THE DEVELOPMENT WILL ADD DIVERSITY OF HOUSING OPTIONS TO THE AREA AND WILL INCLUDE TWO CAR GARAGES, SUBSTANTIAL OPEN AND LANDSCAPED SPACE, AND STREET-FACING FRONTAGES TO BETTER CONNECT WITH THE STREET AND WALK. PLANNING COMMISSION CERTIFICATION: RECOMMENDED FOR APPROVAL THIS ____________ DAY OF _______________________ 20____ BY THE WHEAT RIDGE PLANNING COMMISSION. _______________________________________________ CHAIRMAN CITY CERTIFICATION: APPROVED THIS ____________ DAY OF _______________________ 20____ BY THE WHEAT RIDGE CITY COUNCIL. ATTEST: _______________________________________________ _______________________________________________ CITY CLERK MAYOR _______________________________________________ COMMUNITY DEVELOPMENT DIRECTOR PROJECT ADDRESS: 7585 WEST 32ND AVENUE WHEAT RIDGE, COLORADO 80033 CASE HISTORY: CASE #: WZ-20-06 OWNER GEARHART MOORE HOLDINGS, LLC 2079 WEST 44TH AVENUE DENVER, COLORADO 80211 (303) 309-0060 CONTACT: BEN GEARHART ARCHITECT PAPPAS ARCHITECTURE + DESIGN PAPPASARC, LLC 3143 SOUTH BROADWAY ENGLEWOOD, COLORADO 80113 (303) 733-0877 CONTACT: PETER D. PAPPAS SURVEYOR CHAVEZDSS, LLC 992 SOUTH 4TH STREET, SUITE 100/266 BRIGHTON, COLORADO 80601 (303) 589-4419 CONTACT: DAVID L. SWANSON, P.L.S. GENERAL NOTES ALL PARKING SHALL BE IN CONFORMANCE WITH SECTION 26-501 OF THE WHEAT RIDGE CODE OF LAWS. ALL LANDSCAPING SHALL BE IN CONFORMANCE WITH SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS. ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH SECTION 26-503 OF THE WHEAT RIDGE CODE OF LAWS. ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 26-603 OF THE WHEAT RIDGE CODE OF LAWS. NO FENCING AT PRIVATE OPEN SPACE MAY BE GREATER THAN 72' HIGH OR LESS THAN 80% OPEN. OPAQUE FENCES AND HEDGES ARE PERMITTED UP TO 48" HIGH. WROUGHT IRON FENCING IN FRONT YARDS SHALL NOT EXCEED 48" IN HEIGHT. ALL INTERIOR FENCES SHALL BE UNIFORMLY LIMITED TO 48" IN HEIGHT. ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE VII OF THE WHEAT RIDGE CODE OF LAWS. ARCHITECTURAL, SITE, AND STREETSCAPE DESIGN SHALL BE IN CONFORMANCE WITH THE CITY OF WHEAT RIDGE ARCHITECTURAL AND SITE DESIGN MANUAL (ASDM) AND STREETSCAPE DESIGN MANUAL, AND SECTION 26-1105 AND 26-1106 OF THE WHEAT RIDGE CODE OF LAWS AS APPLICABLE TO TOWNHOME DESIGN. THE ARCHITECTURAL STANDARD SET FORTH AT 7585 WEST 32ND AVENUE IS INTENDED TO REFLECT AND BE REMINISCENT OF THE TRADITIONAL SINGLE-FAMILY HOME IN WHEAT RIDGE. BY INTRODUCING GABLED SLOPED ROOFS WITH ASPHALT SHINGLES AND RED BALLPARK BRICK, THE PROJECT WILL REFLECT THE RESIDENTIAL SINGLE- FAMILY HOMES TO THE EAST, WHILE ACCENTING METAL SIDING AND WOOD SCREENS TO REFLECT THE COMMERCIAL PROJECT TO THE WEST. THE PROJECT WILL SERVE AS A STRONG TRANSITION FROM RESIDENTIAL TO COMMERCIAL WITHOUT CAUSING ADVERSE IMPACTS ON THE CURRENT RESIDENCE OF WHEAT RIDGE, AS WELL AS BOLSTER THE IMMEDIATELY ADJACENT COMMERCIAL RETAIL USES AT WADSWORTH BOULEVARD. ENTRY PORCH FEATURES, BALCONIES, AND OVERHANGS MAY ENCROACH INTO THE FRONT YARD SETBACK BY A MAXIMUM OF 5'. WA D S W O R T H B O U L E V A R D WEST 32ND AVENUE WEST 26TH AVENUE TE L L E R S T R E E T CROWN HILL CEMETERY LUTHERAN MEDICAL CENTER 7585 WEST 32ND AVENUE WEST 35TH AVENUE WEST 34TH AVENUE WEST 33RD AVENUE WE B S T E R S T R E E T WEST 30TH AVENUE WEST 29TH AVENUE AL L I S O N ST R E E T SA U L S B U R Y S T R E E T RE E D S T R E E T NO R T H VA N C E ST R E E T WEST 34TH DRIVE INTERSTATE 70 INTERSTATE 25 I N T E R S T A T E 7 6 HIGHWAY 6 S P E E R B O U L E V A R D WA D S W O R T H BO U L E V A R D KI P L I N G S T R E E T FE D E R A L B O U L E V A R D SH E R I D A N B O U L E V A R D WEST 32ND AVENUE WEST COLFAX AVENUE COVER SHEET WHEAT RIDGE MULTI-14 PLANNED RESIDENTIAL DEVELOPMENT ODP1 AN OUTLINE DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO PART OF THE NE 1/4 OF SECITON 26, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO BICYCLE PARKING SPACES 1 PER EVERY 10 UNITS, MINIMUM 4 SPACES 0.1 SPACES PER UNIT X 14 UNITS = 1.4 SPACES (4 SPACE MIN) TOTAL VEHICLE PARKING SPACES 31 VISITOR SPACES 1 PER 10 STANDARD 28 STANDARD SPACES / 10 = 2.8 SPACES STANDARD SPACES (GARAGE) 2 PER UNIT 2 SPACES PER UNIT X 14 UNITS = 28 SPACES PARKING REQUIRED BULK PLANE (45º) VERTICAL HEIGHT AT SIDE PROPERTY LINE 15' BULK PLANE REQUIRED/ALLOWED SETBACK, REAR YARD 15' - 0" SETBACK, REAR SIDE YARD 20' - 0" SETBACK, FRONT SIDE YARD 15' - 0" SETBACK, FRONT YARD 15' - 0" HEIGHT, FEET 35' - 0" HEIGHT, STORIES 3 STORIES FORM STANDARDS REQUIRED/ALLOWED MINIMUM PRIVATE OPEN SPACE (25%) 2,277.8 SF MEASURED AS PERCENTAGE OF TOTAL LANDSCAPING AREA MAXIMUM BUILDING COVERAGE (40%) 12,148.4 SF MINIMUM LANDSCAPING (30%) 9,111.3 SF LAND USE INFORMATION REQUIRED/ALLOWED NUMBER OF DWELLING UNITS (21 PER ACRE ALLOWED) 14 UNITS 0.7 ACRES X 21 UNIT/ACRE = 14.7 UNITS PROPOSED USE ATTACHED SINGLE FAMILY HOMES PRIMARY STREET WEST 32ND AVENUE NET PROJECT AREA (AFTER DEDICATION) 30,371 SF 0.70 ACRES AREA TO BE DEEDED FOR ADDITIONAL RIGHT OF WAY 1,365 SF 0.03 ACRES ZONE LOT SIZE (GROSS PROJECT AREA) 31,736 SF 0.73 ACRES GENERAL ZONE LOT INFORMATION SQUARE FEET ACRES LAND USE TABLE PRD REMARKS ODP SHEET INDEX ODP1 COVER SHEET ODP2 SKETCH PLAN NOT TO SCALE VICINITY MAP LOT 25 LOT 24 LOT 26 LOT 27PART OF THE NORTHEAST 1/4 SECTION 26 PART OF THE NORTHEAST 1/4 SECTION 26 PART OF THE NORTHEAST 1/4 SECTION 26 WA D S W O R T H B O U L E V A R D WEST 32 AVENUE S 0 º 1 9 ' 5 6 " 2 0 4 . 8 1 ' ( M ) 2 0 4 . 7 9 ' ( R ) S 89º 45' 34" W (M) 154.91' (M) 155' (R) N 0 º 1 8 ' 4 0 " W ( M ) 2 0 5 . 0 4 ' ( M ) 2 0 5 ' ( R ) N 98º 50' 38" E (M) 154.83' (M) 155' (R) FI R E A P P A R A T U S EM E R G E N C Y A C C E S S PR I V A T E D R I V E 154'-10" 3201 VANCE STREET EXISTING SINGLE-FAMILY RESIDENTIALZONE DISTRICT: R-2 3215 VANCE STREET EXISTINGSINGLE-FAMILY RESIDENTIAL ZONE DISTRICT: R-2 3225 VANCE STREETEXISTING SINGLE-FAMILY RESIDENTIAL ZONE DISTRICT: R-2 7500 WEST 33RD AVENUE EXISTING SINGLE-FAMILY RESIDENTIALZONE DISTRICT: R-2 3280 WADSWORTH BOULEVARD EXISTING SPECIAL PURPOSE ZONE DISTRICT: N-C 3200 WADSWORTH BOULEVARD EXISTINGMERCHANDISING ZONE DISTRICT: PCD (R . O . W . U N D E T E R M I N E D ) (R.O.W. UNDETERMINED) 3235 VANCE STREET EXISTING SINGLE-FAMILY RESIDENTIALZONE DISTRICT: R-2 EXISTING PUBLIC WALK ALIGNMENT TO REMAIN, NEW 6' ATTACHED WALK TO BE CONSTRUCTED IN SAME PLACE 7585 WEST 32ND AVENUE FUTURE DEDICATION 15 ' - 0 " R E A R Y A R D S E T B A C K PR I V A T E D R I V E YARD SETBACK 15'-0" FRONT SIDE YARD SETBACK 15'-0" FRONT SIDE RE A R 1 1 6 ' - 0 " FR O N T 7 6 ' - 0 " 20'-0" REAR SIDE YARD SETBACK 20'-0" REAR SIDE YARD SETBACK 4' - 7 " 15 ' - 0 " F R O N T Y A R D S E T B A C K 15 ' - 0 " F R O N T Y A R D S E T B A C K 33'-8"25'-0" ± DRIVE AISLE BU I L D I N G E N V E L O P E (W I T H T U C K U N D E R P A R K I N G ) BU I L D I N G E N V E L O P E (W I T H T U C K U N D E R P A R K I N G ) BUILDING ENVELOPE (WITH TUCK UNDER PARKING) BUILDING ENVELOPE (WITH TUCK UNDER PARKING) PR I V A T E O P E N SP A C E , T Y P PRIVATE OPEN SPACE, TYP 65'-5"24'-0" ± DRIVE AISLE 65'-5" 37'-10" SHARED OPEN SPACESHARED OPEN SPACE 10 1 ' - 1 " 24 ' - 0 " + D R I V E 34 ' - 9 " 37'-1" R 28' - 0"R 28' - 0" 15 ' - 0 " R E A R Y A R D S E T B A C K 10 1 ' - 4 " 24 ' - 0 " + D R I V E 41 ' - 0 " PROPSED DETENTION TO BE DETERMINED AT SPECIFIC DEVELOPMENT PLAN SUBMITTAL EXISTING PUBLIC WALK ALIGNMENT TO REMAIN, NEW 6' ATTACHED WALK TO BE CONSTRUCTED IN SAME PLACE VISITOR VI S I T O R VISITOR PRIVATE OPEN SPACE, TYP PE D E S T R I A N C O N N E C T I V I T Y PE D E S T R I A N C O N N E C T I V I T Y EXISTING TREE TO REMAIN, TYP PR I V A T E O P E N SP A C E , T Y P VI S I T O R LA N D S C A P E B U F F E R LA N D S C A P E B U F F E R EXISTING ASH TREE TO BE REMOVED LA N D S C A P E B U F F E R LA N D S C A P E B U F F E R FIRE HYDRANT BIKE PARKING BUILDING ENVELOPE: PRIVATE YARD / LANDSCAPING: CONCRETE WALK: CAR: PROPERTY LINE: BUILDING ENVELOPE DENOTES ALLOWABLE AREA WHERE BUILDING MAY BE PLACED BUILDING FOOTPRINTS MAY VARY MINIMUM FRONT YARD SETBACK: MINIMUM FRONT SIDE YARD SETBACK: MINIMUM REAR SIDE YARD SETBACK: MINIMUM REAR YARD SETBACK: 15'-0" 15'-0" 20'-0" 15'-0" LEGEND SKETCH PLAN WHEAT RIDGE MULTI-14 PLANNED RESIDENTIAL DEVELOPMENT ODP2 AN OUTLINE DEVELOPMENT PLAN IN THE CITY OF WHEAT RIDGE, COLORADO PART OF THE NE 1/4 OF SECITON 26, T3S, R69W OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 1" = 20'-0" PROPOSED SITE PLAN Planning Commission 13 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD The following is an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 4: COMPREHENSIVE PLAN Subject Property Planning Commission 14 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD EXHIBIT 5: APPLICANT LETTER Planning Commission 15 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD Planning Commission 16 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD NEIGHBORHOOD MEETING NOTES Meeting Date: April 28, 2020 Attending Staff: Stephanie Stevens, Senior Planner Zareen Tasneem, Planner I Location of Meeting: Virtual Zoom meeting Property Address: 7585 W 32nd Avenue Property Owner(s): 3280 Wadsworth Joint Venture Property Owner(s) Present? No Applicant: Brent Metz Applicant Present? Yes Existing Zoning: Restricted Commercial (RC) Existing Comp. Plan: Primary Corridor, Neighborhood Buffer Area, Neighborhoods Existing Site Conditions: The property is located on the north side of W. 32nd Avenue, one lot east of Wadsworth Boulevard. W. 32nd Avenue is a minor arterial that runs east-west through the city; while Wadsworth Boulevard is a major arterial that runs north-south. The property is zoned Restricted Commercial (RC). Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), RC, Neighborhood Commercial (NC), and Residential-Three (R-3) and contain retail, office, and multifamily uses. Crown Hill Park is located further to the southwest. According to the Jefferson County Assessor, the lot area measures 31,625 square feet (0.726 acres) in size and is unplatted. Around late 2005-early 2006, a building permit application was submitted to develop the southern half of this parcel as a parking lot for a use at 3280 Wadsworth Blvd. Prior to the parking lot development, it appears the parcel was undeveloped with just a utility shed on site. The parcel was also readdressed to 7585 W. 32nd Avenue from 7500 W. 32nd Avenue in 2014. The parking lot is currently unused and no longer has any association with 3280 Wadsworth Blvd. This property falls in the Contemporary Overlay District. Applicant/Owner Preliminary Proposal: EXHIBIT 6: NEIGHBORHOOD MEETING Planning Commission 17 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD The applicant is currently under contract to purchase the property and would like to rezone it to the Planned Residential Development (PRD) zone district. Given its proximity to the development at W. 38th Avenue and Wadsworth Blvd., as well as being a gateway into the neighborhoods on W. 32nd Avenue, the applicant does not feel that the property’s current RC zoning that would allow for mostly office uses in a building that could be 50’ in height appropriately fits the character of the neighborhood. The applicant feels the Planned Residential Development (PRD) zoning that would allow them to build single family attached residences with front and back yards much more compatible with the surrounding residential neighborhood and with more restrictive building heights than the existing RC zone district. While the applicant would be moving forward with just the Outline Development Plan (ODP) portion of the PRD first, which establishes the zoning development standards, a proposed site plan was shown during the neighborhood meeting. The proposed site plan depicted two townhome structures, one containing 5 units and the other 6 units, all on the east half of the property with the backyards parallel to the backyards of the residential properties to the east and fronting a 28’9”-wide internal private drive. The townhomes would have deeded uncovered parking spaces to the west of the private drive, with a fire truck hammerhead space in between those spaces. There is a landscaped area shown along the western property line. Visitor parking is proposed along the east side of the private drive. Each individual townhome is shown to be about 15’ wide by 35’ long, or a building footprint of 525 square feet. The overall site plan is shown to have a 15’ front setback, 5’ side setbacks, and a 10’ rear setback. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 16 members of the public attended the virtual neighborhood meeting. • After learning about the applicant’s proposal, attendees expressed concerns about traffic, parking, density, and the type of product proposed. • Staff discussed the site and its zoning. • The applicant and members of the public were informed of the process for the Planned Development rezone. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. The following issues and questions were discussed regarding the Planned Development request and proposed development: • How many visitor parking spaces are there and how will they be parked? There would be about 10 visitor parking spaces in front of the building. • What certainty can the applicant provide that these units will be owner occupied? Will the new units have garages? The applicant plans to develop the units and then sell them, so it would be up to the new owner if they want to rent out the unit. There will be no garages, just deeded parking spaces. The proposed ODP could restrict the density on the site. • How much building coverage is allowed in the RC zone district? Lots in the RC zone district are permitted a maximum lot coverage of 80%. However, other requirements would also need to be meet that would affect lot coverage such as at least 20% of the site must be landscaped and parking requirements. Planning Commission 18 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD • Where would you put the snow plowed on the property? To be determined. • What is the square footage of each unit? Each unit is about 1,000-1,200 square feet, so about 500-600 square feet per floor. • How did you determine the land coverage of the properties to the east versus the proposed land coverage on this property? The applicant determined the land coverage based on aerials from Google Earth. The townhomes are geared towards people looking to buy starter homes and empty nesters. The applicant is trying to accommodate future residents. • The trees on the proposed site plan, are those new or existing? They are representative and not the final proposed landscaping. The applicant would like to utilize existing trees, if possible. General comments were mixed from neighbors: • A neighbor noted they are not opposed to development, but 11 units is too dense; 3-4 units would be ideal. • A neighbor expressed a few different concerns: 150’ of street frontage is too narrow for 11 units; it feels too dense. There’s not much traffic on the W. 32nd Avenue corridor now and there is no activity on the existing parking lot now either. Any change to the property would affect the surrounding neighborhoods. • Another neighbor expressed a variety of concerns: the left turn into the site may create a congestion issue at the intersection of Wadsworth and W. 32nd Avenue. There are too many units being proposed. In terms of future buyers, old people do not like stairs; they will probably be young buyers. • A neighbor noted their quality of life would be impacted by the density, renters, noise, and cars. They would prefer up to 4 houses. • A neighbor and past member of the Wheat Ridge Planning Commission supported this proposal. The width of the proposed buildings are less than the ones on W. 38th Avenue and it’s a great transition product that would block sound from Wadsworth Boulevard. • The listing agents for this property noted that the site was initially commercially advertised, which would have led to more commercial uses right behind the houses. They understand that change is hard but commended the applicant as a responsible buyer who is taking many things into consideration that would create a win-win situation. This would be a premium product with a high $300,000 price point. Prior to the neighborhood meeting, staff also received a phone call from a neighbor asking if the units would be for-sale or rental products. Planning Commission 19 Case No. WZ-20-06 / Wheat Ridge Multi-14 PRD EXHIBIT 7: APPLICANT’S NEIGHBORHOOD MEETING MEMO Wheat Ridge Speaks Published Comments for March 17, 2022 Planning Commission Meeting Zone Change at 7585 W. 32nd Ave My wife and I reside on W. 33rd Avenue, between Teller and Vance Streets. My comments/inquiries focus on the planned vehicular access along 32nd Ave. 1.Is this the sole planned ingress/egress point? 2. Will this remain, in the future, the sole point of access? 3. Does the plan contemplate, or make any future allowance for, secondary access from the north (specifically, from what is at present the W. 33rd Ave. cul-de-sac)? As you may infer, I wish only to ascertain any potential adverse traffic impacts on our W. 33rd Avenue neighborhood. Thank you in advance for your interest and consideration! March 15, 2022, 2:18 PM R. Bruce Johnson 7300 W. 33rd Ave. Wheat Ridge, 80033 ATTACHMENT 4 Wheat Ridge Speaks Published Comments for April 25, 2022 City Council Meeting Item No. 2 - Zone Change at 7585 W. 32nd Ave. This space is a poor choice for building 11 condominiums because the only access in and out is onto the already busy and congested intersection of 32nd and Wadsworth. Car and bus traffic is regularly backed up. April 25, 2022, 11:00 AM Louise Treff-Gangler 7335 West 33rd Avenue Wheat Ridge, 800033 ITEM NO: 2 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2022 – AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 OF THE CODE OF LAWS TO UPDATE THE CITY'S FLOODPLAIN MAPS AND TO MAKE CONFORMING AMENDMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING (05/09/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/23/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The floodplain maps for Jefferson County have been revised to include updates to the floodplain boundaries within three watersheds. The only watershed within the Wheat Ridge city limits is for a tributary to Sloan’s Lake. Adoption of the most current floodplain maps is required by the National Flood Insurance Program. In addition, staff is seeking to make other minor changes to the City’s floodplain regulations to add a couple of necessary definitions and clarify the adoption of the official floodplain maps. PRIOR ACTION: On January 13, 2014, Council adopted the current Jefferson County Digital Flood Insurance Rate Maps (DFIRM). On September 23, 2019, Council adopted the Flood Hazard Area Delineation (FHAD) maps for Sloan’s Lake as Local Flood Hazard Areas (LFHA). FINANCIAL IMPACT: There will be no direct financial impact to the City if the ordinance is approved. Council Action Form – Floodplain Maps May 9, 2022 Page 2 BACKGROUND: Existing Conditions There are three flood hazard areas in Wheat Ridge: one associated with Clear Creek, one associated with Lena Gulch, and one associated with tributaries to Sloan’s Lake. The Clear Creek and Lena Gulch floodplains traverse the City diagonally. The Sloan’s Lake Basin is the watershed extending upstream and downstream from Sloan’s Lake. The southeast corner of Wheat Ridge, an area of approximately 500 acres, is included in the watershed (shown in purple in Attachment 2). One of the tributaries, the Ashland Drainageway, extends west along 26th Avenue between Gray and Quay Streets. Two tributaries to the Ashland Drainageway extend north of 26th Avenue along Gray and Quay Streets. Along these two tributaries, low-lying areas and structures in the City are prone to potential flooding during storm events. There are two types of regulated flood hazard areas: the federally regulated SFHA and locally regulated LFHA. In Wheat Ridge, the Clear Creek, Lena Gulch, and Ashland Drainageway floodplains are part of the SFHA. The two tributaries to the Ashland Drainage are LFHAs that were adopted by Council in 2019. The Ashland Drainage SFHA has very minor changes in the revised DFIRM. Floodplain Maps Periodically, floodplain maps are updated to reflect physical changes in land use and development, to reflect changes in hydrology, and/or to incorporate improved technology and refine the limits of actual flood risk. The Clear Creek and Lena Gulch maps were last updated in 2014 when the current DFIRM was adopted. The Sloan’s Lake SFHA was not changed with that update. The most recent floodplain update in the City occurred in 2018 related to the Sloan’s Lake basin. In 2018, Mile High Flood District (MHFD), along with the Cities of Wheat Ridge, Lakewood, and Edgewater and the City and County of Denver, completed updates to the FHAD and master plan, which were originally done in 1977. Many changes within the watershed and in floodplain modeling have occurred since 1977, so the previous Sloan’s Lake FHAD and master plan did not accurately reflect current conditions. Having an updated FHAD and master plan provide better guidance to minimize damage from flooding. This is done by properly planning potential improvements, both public and private, and effectively regulating identified flood prone areas. The first step in the update process was to remodel the hydrology, which determines the peak flows at various locations in the watershed. The hydrology update incorporated modeling changes as well as the land use changes within the watershed. The next step was to update the hydraulics based on the many stormwater improvements that had been implemented by the various jurisdictions that were in the 1977 master plan. This information, as well as more accurate and updated topography were then used to update the FHAD. The study then evaluated several possible improvements that could be done within the watershed to further minimize damage due to flooding. Consideration was given to costs, existing and proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, and right-of-way needs. Council Action Form – Floodplain Maps May 9, 2022 Page 3 The resulting master plan will be utilized by the various jurisdictions to plan future improvements, including the locations, alignments, and sizing of storm sewers, channels, and detention/retention basins, and other facilities needed to provide efficient stormwater management for the watershed. No new projects were identified in the updated master plan within the City of Wheat Ridge. This is largely due to the fact that all of the storm sewer projects that were recommended in the 1977 master plan had previously been completed by the City. In addition, the 29th Avenue storm sewer project that was completed in 2019 largely mitigated the known minor flooding issues in the southeast portion of the City east of Fenton Street. That project utilized an abandoned water main in 29th Avenue and the new detention pond at the Richards-Hart Estate to reduce the flooding that was occurring south of 29th Avenue east of Fenton Street. SFHA versus LFHA Even though a FHAD has existed for the Sloan’s Lake Basin since 1977, the City had not regulated the flood prone areas along the tributaries north of 26th Avenue because they were not included as a federally regulated Special Flood Hazard Area (SFHA), like the floodplains along Clear Creek, Lena Gulch, and Ashland Drainageway. Cities can choose to regulate flood hazard areas outside of the SFHA and many local jurisdictions do as a LFHA. In 2019, Planning Commission reviewed, and City Council officially adopted the Sloan’s Lake FHAD as a Local Flood Hazard Area. The City now regulates those identified flood hazard areas the same as the flood hazard areas within the SFHA, but without the federal insurance requirements of the SFHA. The SFHAs and LFHAs for the City are shown on Attachment 3. Proposed Code Amendment City Code specifies the exact floodplain map that is adopted, referencing it by name and date. This code amendment adopts the revised Jefferson County DFIRM, effective date of August 2, 2022, as the City’s official floodplain maps. The only change on the DFIRM within the City is for the Ashland Drainageway along 26th Avenue. These changes are relatively minor in nature; the changes are mostly limited to the public right-of-way along 26th Avenue and do not affect any structures. Procedurally, the federal government has reviewed the DFIRM, and a Letter of Final Determination (LFD), dated February 2, 2022, was received from the Federal Emergency Management Agency (FEMA). The LFD notifies the City that the revised DFIRM has been adopted by FEMA. The LFD requires that the City adopt the revised DFIRM by the effective date. The City must adopt these new maps in order to be in compliance with the National Flood Insurance Program (NFIP) and to participate in the Community Rating System (CRS). The City’s long-standing participation in the CRS program provides a 25% discount for all flood insurance policies within the City. Council Action Form – Floodplain Maps May 9, 2022 Page 4 In addition, staff is seeking to add two definitions for what a FHAD and LFHA are to Subsection 26-802. The last change clarifies that the SFHA and LFHA are both subject to the floodplain regulations in Subsections 26-805 and 26-806. Public Outreach A neighborhood meeting was held on March 30, 2022, in conjunction with the City’s annual floodplain outreach meeting, to educate the residents of adoption of the revised DFIRM. None of the attendees commented on the adoption of the revised DFIRM. Planning Commission recommended approval by a vote of 8 to 0 on the revisions to Chapter 26. Meeting minutes from the public hearing will be included with the ordinance for second reading. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 06-2022, an ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments, order it published, public hearing set for May 23, 2022 at 7:00 p.m., as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days final publication.” Or, “I move to postpone indefinitely Council Bill No. 06-2022, an ordinance amending Article VIII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2022 2. Sloan’s Lake Watershed Map 3. SFHAs and LFHAs CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 06 Ordinance No. __________ Series of 2022 TITLE: AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 26 OF THE CODE OF LAWS TO UPDATE THE CITY'S FLOODPLAIN MAPS AND TO MAKE CONFORMING AMENDMENTS WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-301(1), the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations concerning the location, construction, occupancy and use of buildings and structures on and along any storm or floodwater runoff channel or basin; and WHEREAS, under such authority, the Council previously adopted floodplain regulations, codified as Article VIII of Chapter 26 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, On February 2, 2022, the Federal Emergency Management Agency (FEMA) adopted the revised Digital Flood Insurance Rate Map (DFIRM) as the official floodplain maps; and WHEREAS, the Council desires to amend a section of said Article VIII to adopt the revised DFIRM as the official floodplain maps; and WHEREAS, the Council desires to amend Paragraph G of said Article VIII to more clearly designate the source of the official floodplain maps and Local Flood Hazard Area (LFHA) that was adopted in 2019. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-802 – Definitions, is hereby amended to incorporate the following additional definitions in the appropriate alphabetical order: Flood hazard area delineation (FHAD). The local flood maps that serve as the floodplain maps for floodplain management purposes when adopted as LFHA. Local flood hazard area (LFHA). The land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year that is adopted by the City but is not included in the DFIRM. ATTACHMENT 1 Section 2. Paragraph G of Subsection 26-803 of the Code, concerning official maps and engineering reports, is hereby repealed and replaced in its entirety as follows: G. Official maps and engineering reports. The location and boundaries of the SFHA shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas," dated August 2, 2022, and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this article. The location and boundaries of the SFHA shall be as shown in the following engineering reports and accompanying maps: 1. Digital flood insurance rate map (DFIRM) panels dated August 2, 2022 for portions within the City of Wheat Ridge. The location and boundaries of the LFHA shall be as shown in the following engineering reports and accompanying maps: 1. Sloan’s Lake FHAD dated July 2018 for portions within the City of Wheat Ridge. The DFIRM constitutes the current flood insurance study for the City of Wheat Ridge and is fully incorporated herein by this reference. True and correct copies of the DFIRM and FHAD are available on the City website and are on file at the Wheat Ridge Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, and are available for inspection and copying during normal business hours. Section 3. Paragraph 26-804 A.3. is hereby repealed and replaced in its entirety as follows: 2. The respective regulations of subsection 26-805 and subsection 26-806 shall regulate all lands within the SFHA and LFHA. Section 4. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 9th day of May 2022, 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 May 23, 2022, 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 _____________________, 2022. SIGNED by the Mayor on this ________ day of ____________________, 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: May 12, 2022 Second Publication: Jeffco Transcript Effective Date: Wa d s w o r t h B l v d 13 t h Av e 32nd Ave Zuni StKn o x C t SpeerBlvd 23rd Ave 10Th Ave 17th Ave Ir v i n g S t Ca r r S t 10th Ave Fe d e r a l B l v d 20th Ave 14th Ave 29th Ave 32nd Ave 26th Ave 38th Ave Colfax Ave Cl a y S t Ir v i n g S t De c a t u r S t Ha r l a n S t Ga r r i s o n S t Fe d e r a l B l v d Pe r r y S t Zu n i S t Te n n y s o n S t Ha r l a n S t Lo w e l l B l v d Sh e r i d a n B l v d §¨¦25 £¤287 £¤40 UV86 UV121 Rock y M o u ntainDitch(NorthBranch) Dry G u l c h L ake w o o d G u l c h RockyMountainDi tch ( S outhBranc h ) W e i r G u l c h South Platte River Sloan's Lake Drainageway Sloan's Lake Drainageway Gray St r e e t T r i b u t a r y Pierce Street Tributary Ashl a n d D r a i n a g e w a y City & Countyof Denver Lakewood Wheat Ridge Edgewater Jefferson County(Unincorporated) Sloan'sLake No.DATE DESCRIPTION APPR. designed by:drawn by:checked by:project no.:date: CM RK 16.155.026 07/22/2016 WATERSHED MAP FIGURE2-2 FI L E : G : \ g i s _ p r o j e c t s \ U D F C D _ S l o a n s _ L a k e \ a c t i v e \ a p p s \ H y d r o l o g y _ R e p o r t \ F i g _ 2 - 2 _ U D F C D _ S L _ W a t e r s h e d _ M a p . m x d , 7 / 2 2 / 2 0 1 6 , c h r i s _ m a r t i n MAJOR DRAINAGEWAY PLANSLOAN'S LAKE DRAINAGEWAYAND TRIBUTARIES URBAN DRAINAGE AND FLOODCONTROL DISTRICT,CITY AND COUNTY OF DENVER Legend Study ReachDitch/Gulch/RiverHighwayLight Rail LineSloan's Lake WatershedBoundary (4.9 Sq. Mi)City BoundaryWaterbody/DetentionPublically MaintainedPrivately Maintained JurisdictionsCity & County of DenverEdgewaterLakewoodWheat RidgeJefferson County (Unincorporated) 0 1,600800 Feet ° ATTACHMENT 2 SFHAs & LFHAs Clear Creek SFHA Lena Gulch SFHA Sloan’s Lake SFHA Sloan’s Lake LFHA ITEM NO: 3 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2022 – AN ORDINANCE ADOPTING A NEW ARTICLE V OF CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CHRONIC NUISANCE PROPERTIES PUBLIC HEARING ORDINANCES FOR 1ST READING (05/09/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/23/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Chief of Police City Manager ISSUE: On occasion, property owners or persons in charge of such properties, have failed to take corrective action to abate certain nuisance conditions on that property. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This ordinance will adopt a new Article V of Chapter 15 of the Wheat Ridge Code of Laws to provide additional tools for the Police Department to address chronic nuisance properties. PRIOR ACTION: On February 7, 2022, staff presented options to City Council for a chronic nuisance property ordinance. Unanimous consensus was received from City Council to direct staff to draft such an ordinance. FINANCIAL IMPACT: There is no direct financial impact to the City in approving this ordinance. BACKGROUND: Over the last fifteen years, municipalities across the United States have enacted Chronic Nuisance Ordinances (CNOs) to deal with properties that have an excessive amount of criminal conduct CAF – Chronic Nuisance Properties May 9, 2022 Page 2 occurring on or near the property or an excessive number of 911 calls. Municipalities utilize CNOs to encourage, or outright require, landlords to abate the nuisance by evicting tenants. Generally, a CNO requires a certain threshold number of 911 calls or nuisance incidents for a property to be labeled a chronic nuisance. Once this threshold is reached, municipalities are able to fine offending properties an increasing amount for each subsequent nuisance incident. Section 15-26 (Disorderly Houses) of the Wheat Ridge Code was adopted to attempt to deal with properties where a number of individual nuisance conditions, not significant individually, cumulatively resulted in major issues for neighbors and area residents. This section of the Code draws its inspiration from the powers granted by C.R.S. § 31-15-401(g), permitting governing bodies of municipalities to suppress disorderly houses. In recent years, staff has found that Section 15-26 of the Code has been insufficient for addressing chronic nuisance problems. The City Attorney was asked about the possibility of strengthening the provisions of Code Section 15-26. The City Attorney has researched how other municipalities, both in Colorado and nationwide, have dealt with such problem properties. The proposed ordinance creates a mechanism for the City to work with the owner or manager of chronic nuisance properties to develop a plan to correct such nuisance activities and, if they fail to do so, incentivize them through fines and other enforcement mechanisms to remediate their chronic nuisance. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2022, an ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties on first reading, order it published, public hearing set for Monday, May 23, 2022 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, “I move to postpone indefinitely Council Bill No. 08-2022, an ordinance adopting a new Article V of Chapter 15 of the Wheat Ridge Code of Laws concerning Chronic Nuisance Properties for the following reason(s) ________________________________________________________.” REPORT PREPARED/REVIEWED BY: Jonathan Pickett, Commander Jim Lorentz, Division Chief Chris Murtha, Police Chief Patrick Goff, City Manager Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 08-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 8 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE ADOPTING A NEW ARTICLE V OF CHAPTER 15 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CHRONIC NUISANCE PROPERTIES 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. § 31-15-401, 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, the Council finds that some residential and business properties, hereinafter described as “chronic nuisance property” require disproportionate police, fire rescue, and code compliance services and cause an unnecessary burden on those public services and therefore on all taxpayers of the City; and WHEREAS, chronic nuisance ordinances have been used for decades in many municipalities in the State of Colorado and around the country, but have never been adopted in the City of Wheat Ridge; and WHEREAS, chronic nuisance properties and businesses present grave health, safety and welfare concerns, and have a tremendous negative impact upon the quality of life, safety, and health of the neighborhoods where they are located as well as the City at large; and WHEREAS, the Council finds that Section 15-26 (Disorderly Houses) does not offer the City enough enforcement power in the management of properties that receive a disproportionate amount of nuisance complaints in comparison to the rest of the City; and WHEREAS, the Council, deems it appropriate and in the best interest of the health, safety and welfare of the citizens and residents of the City of Wheat Ridge to adopt a Chronic Nuisance Code to identify and address properties and businesses that are not properly managed and/or maintained and burden adjacent properties and businesses and the City; and WHEREAS, the Council finds that this ordinance is necessary to identify properties and businesses that create those circumstances, work with the owner or manager to develop a plan to correct such nuisance activities and, if they fail to do so, incentivize them through fines and other enforcement mechanisms to remediate their chronic nuisance in a timely fashion. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 15 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article V, to read in its entirety as follows: Article V - Chronic Nuisance Properties 15-50 Purpose. Chronic nuisance properties present grave health, safety and welfare concerns, which the property owners or persons in charge of such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This article is enacted to remedy nuisance activities that repeatedly occur or exist at chronic nuisance properties by providing a process for abatement; and this remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws. The city council finds that it is a reasonable exercise of its police powers to require property owners and others exercising control over property to take reasonable steps to discourage and abate nuisance activities on their properties, and to penalize those who do not adequately discourage such activities. The city council further finds that increased cooperation between property owners and the city is integral in reducing such nuisance activity. Chronic nuisance properties are a financial burden to the city and this article is a means to ameliorate those conditions and hold responsible the owners or persons in charge of such property. 15-51 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: Abate shall carry the meaning defined in section 15-4 of this Code. Abatement agreement means a contract between the city and owner, person in charge of the chronic nuisance property, or both, in which such person(s) agrees to promptly take all lawful and reasonable actions; which shall be set forth in the agreement, to abate the nuisance within a specified time and according to specified conditions. Administrative Hearing Officer means those individuals who act pursuant to section 2-87 of this Code who are authorized to hear code infraction and/or chronic offender cases. Business means any organization or entity that operates on a property, including but not limited to sole proprietorships, corporations, partnerships, limited liability corporations and nonprofit corporations. A business for purposes of this Chapter shall be deemed to be the same entity, regardless of changes in its legal formation, if changes are done in a transaction that has not been done at arm's length. Chief of Police includes any person designated by the police chief as his or her delegate in the enforcement of this article. Chronic offender means an individual or business who or which has committed three (3) or more nuisance violations within a 12-month period. For purposes of this article, the nuisance violations required must have occurred as the result of acts that did not occur on the same day. A chronic offender can be a property owner, person in charge, agent, and/or tenant. Chronic nuisance complaint means the document which the city files to begin the process of declaring an individual or business a chronic offender, or declaring a property a chronic nuisance property. Chronic nuisance property means a parcel of real property on which activities have resulted in 3 nuisance violations against any individual or business within a 12-month period. A chronic nuisance property is also a parcel of real estate consisting of a complex of multiple individual residences or dwelling units and/or businesses, on which activities have resulted in four (4) nuisance violations against any individual or business within a 12-month period for a complex of four (4) or less dwelling units and/or businesses; or five (5) nuisance violations against any individual or business within a 12-month period for a complex of more than four (4) but less than nine (9) dwelling units and/or businesses; or six (6) nuisance violations against any individual or business within a 12-month period for a complex of nine (9) or more dwelling units and/or businesses. A group home cannot be designated as a chronic nuisance property. For purposes of this Chapter, the required nuisance violations or citations must have occurred as the result of violations or citations that did not occur on the same day. Control means the power or ability to direct or determine conditions, behaviors, or activities occurring on a property. Group home means a home that is classified as a group home under section 26-123 of this Code. Legal or equitable interest means and includes every legal and equitable interest, title, estate, tenancy and right of possession recognized by law or equity, including but not limited to freeholds, life estates, future interests, condominium rights, time-share rights, leaseholds, easements, licenses, liens, deeds of trust, contractual rights, mortgages, security interests and any right or obligation to manage or act as agent or trustee for any person holding any of the property interests set forth above. Nuisance violation means any nuisance citation issued by the Wheat Ridge Police Department or any nontraffic conviction of the laws of, respectively, the city, County or State, which disturbs the peace of the neighborhood or otherwise harms the health, safety or welfare of the residents of the city, to specifically include any and all convictions pursuant to Chapters 4, 8, 15, 16, 21, 24, 26 of this Code. Person(s) in charge means the owner and, if different than the owner, any other person in actual or constructive possession of a property, including, but not limited to, a lessee, tenant, occupant, agent, or manager of a property under his or her control. Premises and property may be used by this chapter interchangeably and means any building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof including property used as residential or commercial property. Unit means each individual dwelling space within a multi-unit dwelling which is capable of legally being occupied as a separate dwelling space. 15-52 Violation. (a) Any property within the city of Wheat Ridge which is a chronic nuisance property is in violation of this article and subject to its remedies. (b) Persons in charge who permit their property to be a chronic nuisance property shall be in violation of this article and subject to its remedies. (c) Whenever the Chief of Police issues a violation citation to more than one person because of a violation of this chapter, those persons shall be jointly and severally liable. 15-53 Enforcement procedure in general. (a) When the Chief of Police receives police documentation confirming the occurrence of a potential chronic offender of chronic nuisance property, the Chief of Police may review such reports to determine whether they describe the nuisance activities enumerated in Chapter 15 of this Code. (b) Upon such a finding, the Chief of Police, shall notify a property owner at the address shown on the county assessor records and shall notify the person in charge of the property, if such person is not the property owner, in writing that the property is being declared a chronic nuisance property and serviced with a chronic nuisance complaint. (c) The chronic nuisance complaint shall comply with the service and notice requirements of section 2-83 of this Code. (d) If the person in charge fails to respond to the notice within the time prescribed, the Chief of Police shall post such notice at the property and issue the person in charge a chronic nuisance complaint. If the person in charge responds as required by the notice and agrees to abate the nuisance activity, the Chief of Police and the person in charge and/or property owner may work out an agreed-upon course of action which would abate the nuisance activity. If an agreed-upon course of action does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the matter shall be forwarded to the office of the city attorney for enforcement action. (e) It is a defense to an action for chronic nuisance property that the owner at all material times could not, in the exercise of reasonable care or diligence, determine that the property had become chronic nuisance property, or could not in spite of the exercise of reasonable care and diligence control the conduct leading to the determination that the property is chronic nuisance property. 15-54 Declaration of chronic nuisance property/chronic offender; remedies. (a) At hearing, the Administrative Hearing Officer shall declare a property a chronic nuisance property if: (1) The city establishes the number and time period of public nuisance violations required by this article; or (2) The person or business owning or occupying the parcel or unit fails to appear at a hearing, notice of which was served pursuant to section 15-53 of this article; or (3) The person or business stipulates, in accordance with section 15-55 this article, to the declaration; and (4) The administrative hearing officer shall order: i. Payment of fees and costs as set forth in section 2-92 of this Code; and ii. The city shall conduct periodic inspections of the address to check for violations of this Code. The frequency of such inspections and the duration of the increased inspection period shall be determined solely by the city; unless the city and the chronic offender stipulate to orders and remedies, emergency or permanent, that are different from those provided in this chapter. (b) The administrative hearing officer shall declare a property owner and person in charge, if different from the property owner, a chronic violator if: (1) At hearing, the city establishes the number and time period of public nuisance violations required by this article; or (2) The person in charge fails to appear at a hearing, notice of which was served pursuant to section 15-53 of this article; or (3) The property owner or person in charge stipulates, in accordance with section 15-55 of this article, to the declaration; and (4) The administrative hearing officer shall order: i. Payment of fees and costs as set forth in section 2-92 this Code, unless the city and the property owner or person in charge stipulates to orders and remedies, emergency or permanent, that are different from those provided in this chapter or chapter 2 of this Code. Nothing in this article shall be construed as limiting the city from pursuing any other remedies available at law or in equity, including referral to the county district attorney for consideration of charges pursuant to C.R.S. § 16-13-301 et seq. 15-55 Administrative procedure in general. (a) Any chronic offender or chronic nuisance property action commenced shall be in the nature of an administrative proceeding. All issues of fact and law in such actions shall be tried to the Administrative Hearing Officer. No equitable or affirmative defenses may be set up or maintained in any such action except as provided in section 15-56 below. Injunctive remedies under this article may be directed toward the real property or toward a particular person. (b) An action under this article shall be commenced by the serving of a chronic nuisance property/chronic offender complaint with the Administrative Hearing Officer, which may be accompanied by a motion for an emergency abatement order. The complaint shall be signed by an agent of the city, which may include, but is not limited to, the Chief of Police, employees of the Community Development Department, or the City Attorney's Office on behalf of the city. (c) Chronic nuisance property/chronic offender violations under the provisions of this article shall be strict liability violations. No culpable mental state of any type or degree shall be required to establish a chronic offense property/chronic offender violation under this article or to obtain approval for the remedies provided under this article. Proceedings under this article shall generally be governed by Art. V, Chapter 2 of this Code. (d) In the event that the city pursues any criminal penalties provided in any other section of this Code, any other civil remedies or the remedies of any administrative action, the remedies in this article shall not be delayed or held in abeyance pending the outcome of any proceedings in the criminal, civil or administrative action or any action filed by any other person, unless all parties to the action under this article so stipulate. (e) Actions under this article may be consolidated with another civil action under this Chapter involving the same individual or business, or the same parcel of real property. Actions under this article shall not be consolidated with any other civil or criminal action. No party may file any counterclaim, cross-claim, third-party claim or set-off of any kind in any action under this article. (f) Chronic nuisance property/chronic offender violations may include actions affecting the use, possession and enjoyment of real property. Accordingly, the city may file and record with the County Clerk and Recorder a notice of lis pendens against the real property involved to fully inform and protect the interests of any bona fide innocent third party purchaser. (g) Neither party must, but either party may, be represented by an attorney. Chronic nuisance property/chronic offender violations may be administratively presented by the City Attorney's Office or by those personnel authorized to do so by the Director of Community Development and/or the Police Department. The Director of Community Development and/or Police Department shall ensure that any Code Enforcement personnel authorized to administratively present these violations have received appropriate training. (h) If the chronic nuisance property/chronic offender violation is proven by a preponderance of the evidence, the Administrative Hearing Officer shall enter the appropriate findings and shall assess the appropriate sanction and costs as set forth in this Code. Minimum sanctions shall be as set forth in section 15-54 of this article. (i) The parties to an action under this article may voluntarily stipulate to any remedy deemed appropriate by the parties. Approval of the Administrative Hearing Officer to all stipulations is required. 15-56 Affirmative Defenses. (a) If the subject parcel of real property or unit within a complex is leased and the public nuisance violations were committed by tenants or occupants of the parcel or unit, it shall be a defense to an action described in this article, that the property owner or agent of the subject parcel or unit has: (1) Evicted, or attempted to evict by commencing and pursuing with due diligence appropriate court proceedings, all of the tenants or occupants who committed the public nuisance violations; or (2) Considering the nature and extent of the public nuisance violations, undertaken and pursued with due diligence reasonable means to avoid a recurrence of similar violations on the subject parcel or unit. 15-57 Limitation on Actions. Actions under this chapter shall be filed no later than 365 days after the last in the series of public nuisance violations occurs. However, this limitation shall not be construed to prevent the introduction of evidence of any public nuisance violations regardless of the date of occurrence at a hearing for the purpose of showing a pattern of conduct or for any other purpose. 15-58 Effect of property conveyance. (a) When title to a parcel of real property or a unit within a complex is conveyed, any nuisance violation existing at the time of the conveyance that could be used under this article to prove that the parcel or unit is a chronic nuisance property shall not be so used unless a reason for the conveyance was to avoid such declaration. Further, if a parcel or unit had been declared a chronic nuisance property prior to the time of the conveyance, it shall be disqualified as a chronic nuisance property unless a reason for the conveyance was to lose designation as a chronic nuisance property. It shall be a rebuttable presumption that a reason for the conveyance was to avoid such declaration if: (1) The parcel or unit was conveyed for less than fair market value; (2) The parcel or unit was conveyed to an entity controlled directly or indirectly by the person or entity conveying the parcel or unit; or (3) The parcel or unit was conveyed to a relative of the person conveying the parcel or unit. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 9th day of May 2022, 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 May 23, 2022 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 ______________, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: May 12, 2022 Second Publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2022 – AN ORDINANCE ADOPTING A NEW ARTICLE V IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING VEHICULAR PUBLIC NUISANCES PUBLIC HEARING ORDINANCES FOR 1ST READING (05/09/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/23/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Chief of Police City Manager ISSUE: Illegal street racing is a dangerous activity which poses a threat to those citizens using both public and private roadways. Negative impacts of street racing include excessive noise at late hours, taking over of public property, dangerous stunts, and road racing that endangers the public as well as participants and on-lookers. The Wheat Ridge community has a low tolerance for this behavior. This proposed ordinance will create more tools for Law Enforcement to deter street racing. PRIOR ACTION: On February 7, 2022, staff presented options to City Council for a street racing ordinance. Unanimous consensus was received from City Council to direct staff to draft a street racing ordinance. FINANCIAL IMPACT: There is no direct financial impact to the City in approving this ordinance. BACKGROUND: Classifying street racing as a public nuisance is a recent development in Colorado. At the moment, Denver (the first city to enact such a set of laws over twelve years ago), Aurora, Colorado Springs, and Pueblo are the other Colorado municipalities that have enacted such legislation. Most recently, CAF – Vehicular Public Nuisances. May 9, 2022 Page 2 these laws were enacted partly in response to the decrease in traffic due to the COVID-19 pandemic and the racers that took advantage of the less congested roadways. The street racing community utilizes social media and technology to organize races or so called “meet-ups.” Some indications are that the online street racing community has recognized the significant consequences imposed by these ordinances in these other cities, leading the organizers of these events to avoid those jurisdictions. It appears that street racing as a public nuisance law has created an effective deterrent against the more organized portions of street racing activities. The Wheat Ridge Police Department has worked diligently to prevent mass gatherings within Wheat Ridge, but most violations are of a traffic nature and have little consequence associated with them. The Police Department’s Street Racer Coordinator has reached out to local business owners where street racers often gather and have worked with the business owners to close their parking lots to such activities. The PD has also built relationships within the street racing community to spread the word that the City does not condone such gatherings and behavior. The PD has also been able to monitor some of the club's social media platforms to learn when and where gatherings may occur. These efforts have been successful this year, bringing complaints of street racing down significantly; however, several issues still remain. Street racers are very organized and are able to use social media to their advantage, making it difficult for the PD to intervene prior to large groups gathering. Although these gatherings have decreased in recent year, the City’s location in the metro area makes it likely for street racers to travel through the City on the way to their ultimate destinations or the potential of street racers taking over the I-70. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2022, an ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances on first reading, order it published, public hearing set for Monday, May 23, 2022 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, “I move to postpone indefinitely Council Bill No. 07-2022, an ordinance adopting a new Article V in Chapter 13 of the Wheat Ridge Code of Laws concerning vehicular public nuisances for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Jonathan Pickett, Commander Jim Lorentz, Division Chief Chris Murtha, Police Chief Patrick Goff, City Manager CAF – Vehicular Public Nuisances. May 9, 2022 Page 3 Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 07-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 07 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE ADOPTING A NEW ARTICLE V IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING VEHICULAR PUBLIC NUISANCES 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. § 31-15-401, 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, illegal street racing is a dangerous activity which poses a threat to those citizens using both public and private roadways; and WHEREAS; the intent of this article is not to punish, but to remedy and discourage future vehicular public nuisances; and WHEREAS, the Council finds and determines that the abatement of vehicular public nuisances for the protection of local health, safety, and welfare is a matter of local concern. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 13 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article V, to read in its entirety as follows: Article V – Vehicular Public Nuisances 13-80 Purpose. (a) It is the policy of the city that the abatement of vehicular public nuisances for the protection of public health, safety and welfare is a matter of local concern. Crimes involving vehicles render city residents, visitors, business, and neighborhoods insecure in life and in the use of property. Such crimes and the instrumentalities used to commit such crimes constitute a continuing threat to the comfort, safety, and health of the public. It is expressly declared that the use of vehicles for the commission of nuisance vehicle offenses constitutes a public nuisance within the city that should be eliminated or hindered, and thereby abated, by the means set forth in this article. ATTACHMENT 1 (b) The vehicular public nuisances and the provisions of this part are entirely strict liability in nature. Except when necessary to prove the underlying offense(s) or as otherwise provided herein, no culpability or mens rea of any type of degree shall be required for any of the vehicular public nuisances, actions, temporary restraining order or remedies under the provisions of this article. 13-81 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: Abate shall carry the same meaning as defined in section 15–4 of this Code. Burnout(s) (also known as a peel out or power brake) is when a driver intentionally keeps a vehicle stationary by applying the brakes while simultaneously applying the gas pedal. As a result, the wheels spin and smoke can be generated from the wheels due to the friction from the roadway and can significantly impede visibility on the roadway. Chief of Police includes any person designated by the police chief as his or her delegate in the enforcement of this article. Donut(s) means a maneuver performed while driving a motor vehicle in a manner that rotates the rear or front of the vehicle around the opposite set of wheels in a continuous motion. This can create a circular acceleration-mark pattern of rubber on a roadway and possibly even causing the tires to emit smoke. Donut(s) may also include any maneuver used to create a circular acceleration-mark pattern of rubber on a roadway or causing the tires to emit smoke in the proximity of a bystander. Drifting means a driving technique performed while driving a motor vehicle where the driver intentionally oversteers, with loss of traction, while maintaining control and driving the car through the entirety of a corner causing the rear slip angle to exceed the front slip angle to such an extent that often the front wheels are pointing in the opposite direction to the turn (e.g., car is turning left, wheels are pointed right or vice versa, also known as opposite lock or counter-steering). Illegal street racing means any criminal or traffic violation of federal law, state law, City Code, or Model Traffic Code committed by any person or persons, individually or acting jointly through a conspiracy, in complicity, or accessory after the fact where the person(s) operate(s) a motor vehicle in an unsanctioned and illegal form of auto racing, burnouts, donuts, drifting, exhibition of speed, power sliding, or similar driving maneuver performed on either a public or private road or on public or private property. Innocent owner means a Record Owner who neither participated in the commission of a nuisance vehicle offense, nor knew or reasonably should have known that the vehicle would be used in the commission of a nuisance vehicle offense. There is a rebuttable presumption that the Record Owner knew or should have known the vehicle would be used in a nuisance vehicle offense, if the vehicle had previously been used within the city to commit, conduct, promote, facilitate, or aid in the commission of or flight from a nuisance vehicle offense. Model Traffic Code means that edition of the Model Traffic Code for Colorado, promulgated and published by the Colorado Department of Transportation and adopted by the City by reference, codified within Chapter 13 of this Code, as adopted and amended from time to time. Motor vehicle means any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include electrical assisted bicycles, electric scooters, low-power scooters, wheelchairs, or vehicles moved solely by human power. Motor vehicle sideshow means an event in which two or more persons utilize a motor vehicle to block or impede traffic on a highway or other public place open to vehicle traffic, or access private property without the consent of the owner, operator, or agent thereof, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. Nuisance vehicle means a vehicle which is used within the city to commit, conduct, promote, facilitate, or aid in the commission of or flight from a vehicular public nuisance. Nuisance vehicle shall not include a vehicle with respect to which the Record Owner is an Innocent Owner. Person means natural persons and every legal entity whatsoever, including, but not limited to, corporations, limited liability companies, partnerships, limited partnerships and associations. Power slide means driving a vehicle with a throttle-on induced oversteer initiating a drift by applying the throttle in a turn enough to make the rear wheels break traction and slide out. Record Owner means the owner with respect to a vehicle as identified in the records of application and registration maintained by the Colorado Department of Revenue or, if the vehicle is registered outside the State, the records of application and registration maintained by the state in which the vehicle is registered. If such Record Owner establishes that the entire property interest in the nuisance vehicle was transferred to a bona fide transferee before the occurrence of the related nuisance vehicle offense, the Record Owner shall mean and include said transferee. Vehicular public nuisance means any motor vehicle used to commit, conduct, promote, facilitate or aid in the commission of illegal street racing activity. For purposes of this section the underlying criminal or traffic violation forming the basis of the illegal street racing activity shall have the same definition as that contained in the pertinent section(s) of the Colorado Revised Statutes (C.R.S.), as amended, the pertinent section(s) of this Code as amended, the pertinent section(s) of this article, or the pertinent section(s) of the Model Traffic Code as amended. Evidence of the existence of a vehicular public nuisance shall include, but not be limited to, evidence that the motor vehicle was used in one or more of the following street racing related illegal activities: (1) All acts defined as Illegal Street Racing in this article; (2) Careless driving as prohibited in Model Traffic Code Section 1402 and/or C.R.S. 42-4-1402; (3) Eluding or attempting to elude a police officer as prohibited in Model Traffic Code Section 1413 and/or C.R.S. 42-4-1413; (4) Vehicular eluding as prohibited in C.R.S. 18-9-116.5; (5) Minimum speed regulations as described in Model Traffic Code Section 1103 and/or C.R.S. 42-4-1103; (6) Obstructing highways or other passageways as prohibited in C.R.S. 18-9-107; (7) Reckless driving as prohibited in Model Traffic Code Section 1401 and/or C.R.S. 42-4-1401; (8) Speed contests—speed exhibitions—aiding and facilitating as prohibited in Model Traffic Code Section 1105 and/or C.R.S. 42- 4-1105; (9) Trespassing as prohibited in Code Section 16-46. 13-82 Procedure in general. (a) Remedies cumulative and supplementary. The remedies provided in this article are cumulative and supplementary to any other criminal or traffic ordinance, or statute, other civil remedies and any administrative proceedings to revoke, suspend, fine or take other action against any license. The city may pursue the remedies provided in this article, criminal penalties provided by other ordinances or statutes, other civil actions or remedies, administrative proceedings against a license or any one or more of these and may do so simultaneously or in succession. (b) No delay in civil action. In the event that the city pursues both criminal or traffic remedies provided in any other section, other civil remedies or the remedies of any administrative action and the remedies of this article, the civil action provided in this article shall not be delayed or held in abeyance pending the outcome of any proceedings in the other criminal, traffic, civil or administrative action, or any action filed by any other person, unless all parties to the action under this article so stipulate. (c) Principles. All actions under this article shall be civil and remedial in nature. All issues of fact and law shall be tried to the court without a jury. All closure, receivership and destruction remedies under this article shall be in rem. Injunctive remedies under this article may be partly in personam. The burden of proof in all proceedings under this article, including proof of the underlying criminal activity forming the basis of a vehicular public nuisance, shall be by a preponderance of the evidence, unless a different burden of proof is specified. (d) Jurisdiction, duties and power. Pursuant to Colorado Constitution article XX, section 6, and City Charter section 8-2 and Code section 14-4, the municipal court for the City of Wheat Ridge is hereby granted the jurisdiction, duties, and powers for this article. (e) Governance of proceedings. Proceedings under this article shall be governed by the Colorado Rules of Civil Procedure ("CRCP") unless this article provides a more specific rule. Vehicular public nuisance actions shall be included in the category of "expedited proceedings" specified in CRCP rules 16 and 26. Where this article or the CRCP fail to state a rule of decision, the court shall first look to the Public Nuisance Abatement Act, C.R.S. 16-13-301 et seq., and the cases decided thereunder. (f) Discovery and inspection. (1) By defendant. Upon the motion of a defendant or upon the court's own motion at any time after the filing of the complaint or summons and complaint the court may order the prosecution to permit the defendant to inspect and copy or photograph any books, papers, documents, photographs, or tangible objects that are within the prosecution's possession and control, upon a showing that the items sought may be material to the preparation of the defense and that the request is reasonable. The order shall specify the time, place, and manner of making the inspection and of taking the copies or photographs and may prescribe such terms and conditions as are just. (2) Witness's statements. At any time after the filing of the complaint or summons and complaint, upon the request of a defendant or upon the order of court, the prosecution shall disclose to the defendant the names and addresses of persons whom the prosecution intends to call as witnesses at the hearing or trial, together with any witness statements. (3) Irrelevant matters. If the prosecution claims that any material or statement ordered to be produced under this rule contains matter which does not relate to the subject matter of the witness's testimony, the court shall order it to deliver the statement for the court's inspection in chambers. Upon such delivery the court shall excise the portions of the statement which do not relate to the subject matter of the witness's testimony, then the court shall direct delivery of the statement to the defendant. (4) Statement defined. The term "statement" as used in subsections (f)(2) and (f)(3) of this section in relation to any witness who may be called by the prosecution means: i. A written statement made by such witness and signed or otherwise adopted or approved by the witness; ii. A mechanical, electrical, or other recording, or a transcription thereof, which is a recital of an oral statement made by such witness; or iii. Stenographic or written statements or notes which are in substance recitals of an oral statement made by such witness and which were reduced to writing contemporaneously with the making of such oral statement. (g) Filing. Actions under this article shall be in writing and filed by the City Prosecutor or the Office of the City Attorney for the City of Wheat Ridge. (h) Complaint. An action under this article shall be commenced by the filing of a written verified complaint or a written complaint verified by an affidavit and a motion for temporary restraining order. (i) Parties defendant to action. The parties defendant to the action and the persons liable for the remedies in this article include the motor vehicle itself, the Record Owner, the driver of the motor vehicle, any person owning or claiming any legal or equitable interest or right of possession in the motor vehicle, all managers and agents for any person claiming a legal or equitable interest in the motor vehicle and any other person whose involvement may be necessary to abate the nuisance, prevent it from recurring or enforce the court's orders. None of these parties shall be deemed necessary or indispensable parties. (j) Service. Service of the summons, complaint, and temporary restraining order upon the Record Owner, driver, and/or lienors of a motor vehicle may be served by any peace officer or any party who is not a party and who is not less than 18 years of age. Service of the summons, complaint, and temporary restraining order may be made by delivering a copy thereof to the person named. In lieu of personal service, service may be made by leaving a copy of the summons or summons and complaint at the defendant’s usual place of abode with some person over the age of eighteen years residing therein or by mailing a copy to the defendant’s last known address by certified mail, return receipt requested, not less than 7 days prior to the time the defendant is required to appear. A Record Owner’s address may be obtained from the records of the Colorado Department of Revenue, Division of Motor Vehicles, or any similar department of any sister state, as of the date of the public nuisance offense, or at the last known address given by the Record Owner or listed upon any government issued identification document bearing the photograph of the Record Owner or listed upon apparently valid documents verifying the Record Owner's recent purchase of the motor vehicle that are in accordance with the laws of the state. (k) The issuance of a temporary restraining order, entry of written stipulations and voluntary abatement agreements, entry of default judgments and other uncontested matters pursuant to this part shall be ruled on by the Court based upon the written pleadings and without the appearance of the party(ies). 13-83 Temporary Restraining Orders in General. (a) Continuous effect of temporary restraining orders. Ex parte temporary restraining orders shall remain continuously in effect unless modified by court order as provided in Section 13-84(e), by stipulation of the parties or after trial on the merits. (b) No security or bond. No security or bond of any type shall be required of the city in obtaining any temporary restraining order under this article. (c) Form and scope of temporary restraining order. Every temporary restraining order shall set forth the reason for its issuance, be reasonably specific in its terms and describe in reasonable detail the acts and conditions authorized, required or prohibited, and shall be binding upon the property, the parties to the action, their attorneys, agents and employees and any other person who receives actual notice of the order. 13-84 Temporary Restraining Orders—Vehicular Public Nuisances. (a) If the Chief of Police finds and determines upon probable cause that a vehicle is a nuisance vehicle and that the driver's continued use of the vehicle would cause a threat to public health, safety, and welfare; the Chief of Police may immediately seize the vehicle at the time of the offense without prior notice to the Record Owner. (b) If after the date of a nuisance vehicle offense the Chief of Police determines that a vehicle must be seized without notice to the Record Owner in order to preserve the health, safety, and welfare of the public or of police officers; the Chief of Police may petition the Municipal Court for issuance of a temporary restraining order under this Section. (c) If probable cause is established to believe that a vehicle is a nuisance vehicle under this article, by means of a complaint supported by an affidavit or testimony evidence accepted at a hearing, the Municipal Court shall issue a temporary restraining order directing the Police Department to seize the nuisance vehicle without notice to the registered owner. Such temporary restraining order shall: (1) Direct the Wheat Ridge police department to seize and impound the nuisance vehicle, using any reasonable force necessary, and to place the same in police custody in the constructive custody of the court for an abatement period not to exceed twelve (12) months; (2) Restrain and enjoin all persons from selling, transferring, encumbering, damaging, destroying, or using as security for a bond the nuisance vehicle; (3) Order all named defendants to deposit with the Wheat Ridge police department all documents evidencing ownership, title, registration, keys and other devices for either access and/or operation of the motor vehicle(s); (4) Order all persons holding any legal or equitable interest or right of possession in the motor vehicle shall be ordered to take all reasonable steps to abate the vehicular public nuisance and prevent it from recurring; (5) Order the Police Department to provide a copy of the restraining order through personal service to the Record Owner or through certified mailing to the last known address of the Record Owner; and (6) Issue any other orders that are reasonably necessary to take the vehicle into the Police Department’s constructive custody, and to provide access to and safeguard that vehicle. (d) Service. The summons, complaint, and temporary restraining order shall be served as provided by Section 13-82(j). (e) Motion to modify or vacate temporary restraining order. Any person with an ownership interest adversely affected by a temporary restraining order issued pursuant to this Section may file a motion to modify or vacate the temporary restraining order by filing written notice with the Municipal Court within fourteen (14) days after the issuance of the temporary restraining order or the seizure of the vehicle, whichever is later. (1) The Municipal Court shall be the hearing officer on all motions to vacate or modify a temporary restraining order. Upon receipt of a motion to modify or vacate a temporary restraining order the Municipal Court shall schedule a hearing on the merits of the motion within twenty-one (21) days. (2) Any motion to modify or vacate a temporary restraining order issued under this Section shall state specifically the factual and legal grounds upon which it is based, only those grounds may be considered at the hearing. (3) Burden of proof. At the hearing, the city shall have the burden of proving by a preponderance of the evidence that there is probable cause to believe that a vehicular public nuisance or vehicular public nuisance activity occurred on, in or about the motor vehicle, or the motor vehicle was used to commit, conduct, promote, facilitate or aid the commission of any vehicular public nuisance. If the Record Owner claims to be an Innocent Owner, the Record Owner shall have the burden of proof to prove by a preponderance of the evidence that the Record Owner is an Innocent Owner. (4) The Municipal Court shall not modify or vacate a temporary restraining order unless it finds that there is no probable cause to believe that a vehicular public nuisance occurred, or it is established that the Record owner is an Innocent Owner as defined in this Section. (5) The provisions of a temporary restraining order, issued under this Section, shall remain in effect unless amended by the Municipal Court. (6) Any order denying or granting a motion to vacate or modify a temporary restraining order issued under this Section shall be a final order of the hearing officer. (f) Release of Motor Vehicle. Any vehicle which is the subject matter of a final notice and order or a temporary restraining order shall not be released to the Record Owner except upon the following conditions: (1) Compliance with the terms of the notice and order or the restraining order and expiration of the abatement period set forth in the notice and order or restraining order; and (2) Payment of all storage fees incurred by the City with respect to the vehicle. Such fees shall be commensurate with, but shall not exceed, the maximum rate that a towing carrier may charge for a nonconsensual tow of a motor vehicle as set forth in Rule 6511, 4 Code of Colorado Regulations 723-6 (2020), as amended. (3) In the event that the Record Owner and lienors, or any of them, fail, neglect or refuse to pay the fees, expenses, and judgments, within 60 days of receiving notice of the final judgment of the court, the motor vehicle shall be declared to be abandoned and shall be disposed of in compliance with this Code. (4) Any vehicle which remains unclaimed after the twelve-month period set forth in the notice and order may be sold by the City pursuant to the procedure set forth in Sections 1802 through 1814 of the Colorado 2010 Model Traffic Code as adopted by Section 13-2 of this Code, for sale of abandoned and impounded vehicles. All unpaid storage fees owed pursuant to Subparagraph (2) above shall constitute a lien upon the vehicle and superior to all other liens of any nature. (g) Judicial review. Any final decision of the Hearing Officer may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure 106(a)(4). The Hearing Officer shall not stay the decision pending any such appeal. 13-85 Civil judgment. (a) Judgment for costs. In any case in which a vehicular public nuisance is established, in addition to the remedies provided above, the court shall impose a separate civil judgment on every person who committed, conducted, promoted, facilitated or aided in the commission of any vehicular public nuisance or who held any legal or equitable interest or right of possession in any motor vehicle used in the vehicular public nuisance activity. This civil judgment shall be for compensating the city for the costs of pursuing the remedies under this article. (b) The civil judgment shall be in the liquidated sum of at least $1,000.000 and up to $2,000.00 and shall be imposed as a judgment against each defendant independently, separately, and severally. (c) In the event that the owners and lienors of a subject motor vehicle, or any of them, fail to file responsive pleadings within 28 days from when the temporary restraining order is served, and set the matter for hearing or trial on the merits, the court shall enter a default judgment and an order deeming the vehicle abandoned. In the event a default judgment and order of abandonment are entered, the civil judgment provided in subsection (b) of this section shall not be imposed and the vehicle shall be disposed of pursuant to the provisions of section 13-84. 13-86 Voluntary abatement agreement—stipulated alternative remedies. (a) At any time after the commencement of an action pursuant to this article the city, through the city attorney's office, and any party defendant to an action under this article may, in writing, voluntarily stipulate to orders and remedies that are different from and may be less stringent than the remedies provided in this article. The voluntary abatement agreement entered pursuant to this article is designed to voluntarily abate the vehicular public nuisance activity occurring and provide reasonable measures to prevent vehicular public nuisance activities from recurring. The voluntary abatement agreement shall address all vehicular public nuisance activity occurring at the time of its execution. (b) The Wheat Ridge police department shall render reasonable assistance to effectuate the voluntary abatement agreement. (c) The court shall make the written stipulations and voluntary abatement agreements an order of the court and enforce the same. The remedies provided in this article shall be applicable in the event of noncompliance with the voluntary abatement agreement. (d) Compliance and completion of a voluntary abatement agreement shall preclude a civil action from being filed pursuant to this article for the vehicular public nuisance activity, which was the subject of the voluntary abatement agreement. Nothing herein shall preclude the filing of a civil action pursuant to this article for new vehicular public nuisance activity occurring after completion of the voluntary abatement agreement, or activity not addressed in the voluntary abatement agreement. 13-87 Supplementary remedies for vehicular public nuisances. In any action in which probable cause for the existence of a vehicular public nuisance is established, in the event that the parties defendant, or any one of them, fails, neglects, or refuses to comply with the court's temporary restraining orders, closure and other orders, the court may, upon the written motion of the city, in addition to or in the alternative to the remedy of contempt, permit the city to enter, detain and abate by impoundment the vehicular public nuisance and/or perform other acts required of the defendants in the court's temporary restraining orders and other orders. 13-88 Other seizures, closures, forfeitures, confiscations and remedies. Nothing in this article shall be construed to limit or forbid the seizure, confiscation, closure, destruction, forfeiture of property or use of other remedies, now or later required, authorized or permitted by any other provision of law. Nothing in this article shall be construed as requiring that evidence and property seized, confiscated, closed, forfeited or destroyed under other provisions of law be subjected to the special remedies and procedures provided in this article. 13-89 Limitation on action. Actions under this article shall be filed no later than one year after the vehicular public nuisance or the last in a series of acts constituting the vehicular public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of vehicular public nuisances that occurred more than one year before the filing of the complaint when relevant for any purpose. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 9th day of May 2022, 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 May 23, 2022 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 ______________, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: May 12, 2022 Second Publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 5 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT OF REPRESENTATIVES TO THE 2023 COMMUNITY PARTNERS GRANT PROGRAM COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The purpose of creating the 2023 Community Partners Grant Program Committee is to provide an additional opportunity for residents to participate in the budget process. This committee gives residents the opportunity to weigh community needs with available resources and provide recommendations to City Council. FINANCIAL IMPACT: N/A BACKGROUND: In 2022, the Outside Agency Program rebranded as the Community Partners Grant Program. The current committee had five returning members from the 2022 Community Partners Grant Program Committee. To fill the openings in each district, staff advertised for new committee members on the city website and social media. New members will be appointed to serve on the committee beginning in May 2022. The second year of their term will begin in May 2023, to expire after recommendations are presented in 2023. Current members’ appointments will expire in July 2022 after recommendations are presented to City Council. Council Action Form - Community Partners Grant Program Committee Appointments May 9, 2022 Page 2 Two applications were received to fill three vacancies. The application period was open from Monday, April 4 until Friday, April 29. All qualified appointments were chosen based upon district seats needing to be filled and availability to attend the presentation dates. The applications of the new appointments are included as Attachment 1. There was one applicant from District I and one applicant from District II. Because there are already two representatives from District II, the District II applicant, Brooke Allison, will be representing District I. District I: District II: 1. Jerry DiTullio (New Member) 1. Lisa Rucker (Current Member) 2. Brooke Allison (New Member) 2. Cathy Milkey (Current Member) District III: District IV: 1. Sheila Red (Current Member) 1. Carol Mathews (Current Member) 2. Laura McGarry (Current Member) 2. Vacant Applications for organizations requesting funding allotments were due April 29, 2022. The presentations to the Committee will be Tuesday nights from 6-8:30 p.m.: May 17, May 24, May 31, and June 7. The final recommendation decision meeting will be in late June and the committee or representatives will present its recommendations to Council on July 18, 2022. RECOMMENDED MOTIONS: “I move to appoint ______________________ to the 2023 Community Partners Grant Program Committee, District ____ , term to expire after 2024 budget recommendations are presented in 2023.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Community Partners Grant Program Committee Applications From:no-reply@ci.wheatridge.co.us To:Marianne Schilling Subject:Online Form Submittal: Community Partners Grant Program - Committee Application Date:Sunday, April 17, 2022 4:49:10 PM CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the IT Division. Community Partners Grant Program - Committee Application Community Partners Grant Program Committee The Wheat Ridge City Council is seeking volunteers to participate on the Community Partners Grant Program Committee to review and recommend funding allocations for the Community Partners Grant Program. Committee members review funding applications and presentations from Wheat Ridge community partners, and then make a funding recommendations to City Council. These recommendations are then included in the following year's budget. One Wheat Ridge resident will be chosen from each City Council District to serve on the Committee for a two-year budget cycle term (2022 & 2023) to expire July 2023. (Section Break) Contact Information First Name Brooke Last Name Allison Address1 4741 Pierce Street Address2 Field not completed. City Wheat Ridge State CO Zip 80033 Email brooke.a.allison1@gmail.com ATTACHMENT 1 Phone Number 6144063234 I live in District:II (Section Break) Why do you want to serve on the Community Partners Grant Program Committee? My husband and I moved to Wheat Ridge about 1.5 years ago and are passionate about improving our community, as we have a growing family and see the potential of Wheat Ridge to attract the next generation of home owners. This Committee sounds like a great way bring some fresh thinking and new ideas to impact our city, while also meeting some like-minded people. What type of experience (personal, professional, volunteer, etc.) would you bring to the committee? I come from a very active, philanthropic background during my early adult years in Ohio and Chicago, leading social & volunteer organizations for my college and company. I have volunteered a few times this past year during the Wheat Ridge clean-up days and met some fabulous folks in the WR Historical Society and other local programs, motivating me to become more involved with our community. I am an extremely reliable, passionate and energetic person that has time and energy to give! Can you foresee any conflicts of interest you may have with the agencies that may apply? (i.e. working at or serving on a board or non-profit) No If yes, please explain:Field not completed. To be considered for the Community Partners Grant Program Committee, you will need to attend the application review presentations in 2022. Are you able to attend ALL of the following dates: May 17, 24, 31 and June 7? Yes (Section Break) Verification: Pleasecheck box I am requesting appointment as a member of the CPGP Committee. If appointed, I hereby commit to the best of my ability to fulfill the role for a two year term until July 2023. All qualified candidates will be contacted directly regarding next steps. Applications are due by Friday, April 29, 2022 at 11:59 p.m. Email not displaying correctly? View it in your browser. From:no-reply@ci.wheatridge.co.us To:Marianne Schilling Subject:Online Form Submittal: Community Partners Grant Program - Committee Application Date:Friday, April 15, 2022 9:20:12 AM CAUTION:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Report any suspicious activities to the IT Division. Community Partners Grant Program - Committee Application Community Partners Grant Program Committee The Wheat Ridge City Council is seeking volunteers to participate on the Community Partners Grant Program Committee to review and recommend funding allocations for the Community Partners Grant Program. Committee members review funding applications and presentations from Wheat Ridge community partners, and then make a funding recommendations to City Council. These recommendations are then included in the following year's budget. One Wheat Ridge resident will be chosen from each City Council District to serve on the Committee for a two-year budget cycle term (2022 & 2023) to expire July 2023. (Section Break) Contact Information First Name Jerry Last Name DiTullio Address1 3250 Newland St Address2 Field not completed. City Wheat Ridge State Colorado Zip 80033-6439 Email jdt01@comcast.net Phone Number 7202536785 I live in District:I (Section Break) Why do you want to serve on the Community Partners Grant Program Committee? Applying for a second term per Councilor Janeece Hoppe What type of experience (personal, professional, volunteer, etc.) would you bring to the committee? Current committee member Can you foresee any conflicts of interest you may have with the agencies that may apply? (i.e. working at or serving on a board or non-profit) No If yes, please explain:Field not completed. To be considered for the Community Partners Grant Program Committee, you willneed to attend the application review presentations in 2022. Are you able to attendALL of the followingdates: May 17, 24, 31and June 7? Yes (Section Break) Verification: Please check box I am requesting appointment as a member of the CPGP Committee. If appointed, I hereby commit to the best of my ability to fulfill the role for a two year term until July 2023. All qualified candidates will be contacted directly regarding next steps. Applications are due by Friday, April 29, 2022 at 11:59 p.m. Email not displaying correctly? View it in your browser. ITEM NO: 6 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ City Clerk City Manager ISSUE: There are currently four vacancies on various Boards and Commissions within the City of Wheat Ridge. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Following the appointment of volunteers to Wheat Ridge Boards and Commissions earlier in the year, the City is now seeking interested volunteer residents to serve on the two following Boards, and two Commissions, due to recent vacancies that have arisen: Board of Adjustment vacancy in District II, term ending 03/01/25 Cultural Commission vacancy in District II, term ending 03/01/23 Liquor License Authority Board vacancy in District I, term ending 03/01/24 Parks & Recreation Commission vacancy in District IV, term ending 03/02/23 Council Action Form – Board and Commission Appointments May 9, 2022 Page 2 RECOMMENDATIONS: All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident as an out-of-district member. 1. No applicants were received for the District II Board of Adjustment vacancy. 2. Stephanie Taylor lives in District II and is the only applicant for the District II Cultural Commission vacancy. 3. James Amidon lives in District II and is the only applicant for the District I Liquor License Authority Board. 4. There are three applicants, all from District IV, for the one vacancy for the District IV Parks & Recreation Commission vacancy: a. Andrew Rasmussen – current Commissioner seeking reappointment b. Aaron Caldwell c. Eric Sturm All of these applications can be viewed in the following combined attachment. RECOMMENDED MOTIONS: “I move to appoint ______________________ to the Board/Commission, term to expire _______________________.” REPORT PREPARED BY: Amber Garrett, Executive Assistant Stephanie Pomponio, Administrative Assistant Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Boards and Commissions applications Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Stephanie Last Name* Taylor Address1* 6465 w 38th Ave Address2 302 Application for Boards and Commissions - Submission #67177 Date Submitted: 2/27/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 03/16/2022, 9:12 AM ATTACHMENT 1 City* Wheat Ridge State* Co Zip* 80034 Phone Number* 7204986910 Alternate Phone Number Email Address* stephanie_taylor@kw.com Current Occupation Realtor Employer Self Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 4 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I have a background in the arts: I hold studio arts and art history degrees, I used to teach the later at the college level, and I used to run a university art gallery. I’d love to get involved with the community! Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 03/16/2022, 9:12 AM I think cultural expressions can solidify our connection to place and time. I love the idea of enriching our community with the arts, and broadening peoples happiness at the same time. Coming out of the pandemic, it would be great to reconnect through cultural activities. Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I currently serve in the board of Localworks, having acted as Volunteer Coordinator for their 2021 Midcentury Modern house Tour, and am currently involved in getting their new maker space open and ready for community involvement. My doctorate in Art History, and my teaching area of contemporary art along with my certificate in K12 art classroom teaching should be a benefit to the committee. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* I cannot think of anything to mention. Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other committments? Monday mornings and Tuesday evening busy for me. Otherwise, my schedule is quite flexible. Notices, agendas and communications are sent electronically or posted online. Please describe your level of comfort using technology. Very high. Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 03/16/2022, 9:12 AM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2877, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 03/16/2022, 9:12 AM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* james Last Name* Amidon Address1* 3910 Ammons Street Address2 Application for Boards and Commissions - Submission #57873 Date Submitted: 4/20/2021 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 04/05/2022, 3:07 PM City* Wheatridge State* CO Zip* 80033 Phone Number* 3038817576 Alternate Phone Number Email Address* decko97@gmail.com Current Occupation Covid Unemployed Employer Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 12 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * One of my now deceased neighbors for years was on thew same board as well as many terms on city counsel. I'd like to serve the city in the same ways he and his family did. I also sit on another Executive4 Board for a professional organization I'm involved with. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Regulating alcohol and it's sale wether in a retail establishment, store or restaurant Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 04/05/2022, 3:07 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I sit on the Executive Board of the International Facilities Management Association. This is my third term and at the end of this term it will have been six years I have been voted into the position. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* None........... Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other committments? No Notices, agendas and communications are sent electronically or posted online. Please describe your level of comfort using technology. Very comfortable Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 04/05/2022, 3:07 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. In the event that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Danitza Sosa at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Danitza Sosa Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 04/05/2022, 3:07 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Aaron Last Name* Caldwell Address1* 9695 W. 41st Ave. Address2 Application for Boards and Commissions - Submission #68029 Date Submitted: 4/1/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 04/01/2022, 1:44 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 4782276652 Alternate Phone Number Email Address* aaronjcaldwell@gmail.com Current Occupation Software Engineer Employer Self-employed Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 3.5 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I'm an active person and a big user of the local parks and greenway. Also a huge fan of the live music events hosted in Anderson Park and the Green. I couldn't think of a commission I would be more interested in! Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Both the continuing population shift and changing demographics in Wheat Ridge will require thoughtful approaches in how our park spaces are managed and used both currently and in the future. Through both my personal and community networks, I hear a lot of the interests and concerns around the resources Wheat Ridge's parks provide. I'd like to combine these perspectives with my own experience to help make an impact in our community. I believe my community involvement up to this point shows me to be an interested and engaged citizen and someone who's willing to collaborate and work towards shared goals! Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 04/01/2022, 1:44 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* This past fall I graduated from the Wheat Ridge 101 program. Prior to this, I was involved with Localworks LiveLocal (when it was active!) for 2 years. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* None that I'm aware of! Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? No, but we're expecting our first child this summer and may have to adjust a little! Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. High comfort level Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 04/01/2022, 1:44 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 04/01/2022, 1:44 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Andrew Last Name* Rasmussen Address1* 4465 Moore Ct Address2 Application for Boards and Commissions - Submission #67980 Date Submitted: 3/31/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 04/01/2022, 1:41 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 9704032665 Alternate Phone Number Email Address* andyras76@gmail.com Current Occupation O&M Technician Employer Namaste Solar Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 6.5 yrs Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? WR Environmental Sustainability Committee, Parks & Rec Commission Tell us about yourself and why you would like to be a member of this board, committee or commission. * I like to work on improving my community and being on the Parks & Rec Commission is a productive and enjoyable way of doing that. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I like to think of how we can efficiently maintain and improve the Green Belt and all of Wheat Ridge's other parks and bike corridors. I think I can have an impact because I work well with other people and like to think creatively about solutions to complex problems. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 04/01/2022, 1:41 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I have been on this Commission before and still know some of its members as well as Karen. I also am an avid user of WR's parks. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* I have no conflicts that would interfere with my taking action as a member of Parks & Rec. Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? I have no solid commitments to any evening timeslots that could not be moved given sufficient notice. Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. I live comfortably with technology every day. Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 04/01/2022, 1:41 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 04/01/2022, 1:41 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Eric Last Name* Sturm Address1* 4321 HOYT CT Address2 Application for Boards and Commissions - Submission #68999 Date Submitted: 4/27/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 04/28/2022, 3:41 PM City* Wheat Ridge State* CO Zip* 80033-2929 Phone Number* 7202539069 Alternate Phone Number Email Address* ericsturm32@yahoo.com Current Occupation Public Facilities Supervisor Employer Regional Transportation District Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 3 Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? N/A Tell us about yourself and why you would like to be a member of this board, committee or commission. * I moved to Colorado 11 years ago with my wife and two children. In this time I have seen amazing growth in my community and state. I have also seen the struggles of dealing with the growth. I have always been a problem solver and feel that I am obligated to keep Wheatridge, beautiful and functional. This is why I want to join the board. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* In my current career I deal with all types of issues. Not currently being part of the board I would believe community growth would be a larger issue. The increase in the homeless population and the aging installations. With my knowledge in public service and my and my background in structural trades. I feel I would be a great asset to the board. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 04/28/2022, 3:41 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* In my current career in Public Facilities, I am constantly working with the public and hear there issues and complaints. I lived in Golden for many years before deciding to move to Wheatridge. I understand what makes it great, The people. That's why I want to serve on the board. I will provide my Resume on introduction. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* N/A Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Vacation June 17th to 24th and a prior engagement on July 2 thru the 4th Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Very comfortable Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 04/28/2022, 3:41 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 04/28/2022, 3:41 PM ITEM NO: 7 DATE: May 9, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 23-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF ACCEPTING A DONATION FROM INTERMOUNTAIN HEALTHCARE FOR THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY HOMELESS NAVIGATION PROGRAMS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: Intermountain Healthcare has provided a $20,000 donation to the City of Wheat Ridge. The purpose of this donation is to support the City of Wheat Ridge and the Jefferson County Homeless Navigation Programs in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing. This resolution is to approve a supplemental budget appropriation in the amount of $20,000 to accept the donation and appropriate the funding. PRIOR ACTION: N/A FINANCIAL IMPACT: The donation is for $20,000. Council Action Form – Intermountain Healthcare Donation May 9, 2022 Page 2 BACKGROUND: In early April, Utah-based Intermountain Healthcare announced its merger with Colorado hospital system SCL Health, to create "a model health system" for providing care to residents in surrounding states. In the attached Letter of Intent, Intermountain Healthcare shared that its “mission of ‘helping people live the healthiest lives possible’ is best achieved through collaboration with key community partners.” With this thought in mind, Intermountain Healthcare reached out directly to the City of Wheat Ridge to provide a donation of $20,000 for both the City of Wheat Ridge and the Jefferson County Homeless Navigation Programs. The purpose of this donation is to support these navigation programs in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing. This donation will support addressing the social determinants of health through efforts to work directly with persons experiencing homelessness or at imminent risk of homelessness by supporting the cost of move-in kits, transportation and motel vouchers, housing deposits, and hats, mittens and gloves. RECOMMENDATIONS: Staff recommends that City Council approve this resolution to accept the $20,000 donation from Intermountain Healthcare. RECOMMENDED MOTION: “I move to approve Resolution No. 23-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs.” Or, “I move to postpone indefinitely Resolution No. 23-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of accepting a donation from Intermountain Healthcare for the City of Wheat Ridge and Jefferson County Homeless Navigation Programs for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 23-2022 2. Intermountain Healthcare Letter of Intent CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF ACCEPTING A DONATION FROM INTERMOUNTAIN HEALTHCARE FOR THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY HOMELESS NAVIGATION PROGRAMS WHEREAS, the City of Wheat Ridge received a donation from Intermountain Healthcare for the City of Wheat Ridge Homeless Navigation Program; and WHEREAS, the purpose of this donation is to support the City of Wheat Ridge and Jefferson County Homeless Navigation Programs in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing; and WHEREAS, the acceptance of the donation in the amount of $20,000 is to address the social determinants of health through efforts to work directly with persons experiencing homelessness or at imminent risk of homelessness by supporting the cost of move-in kits, transportation and motel vouchers, housing deposits, and hats, mittens and gloves; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. A supplemental budget appropriation from General fund undesignated reserves in the amount of $20,000 is hereby approved to be transferred to the Homeless Navigation Program account number 01-106-650-660 and the 2022 revenues are amended to account for the $20,000 donation. DONE AND RESOLVED this 9th day of May, 2022. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 April 20, 2022 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave. Wheat Ridge, CO 80033 Dear Patrick: Intermountain Healthcare is very pleased to provide the City of Wheat Ridge with a donation of $20,000 through IHC Health Services, Inc., paid in one installment in 2022. The purpose of this donation is to support the Jefferson County Homeless Navigation Program in assisting those experiencing a housing crisis find stable housing and obtain the services and resources needed to maintain that housing. Intermountain’s mission of “helping people live the healthiest lives possible” is best achieved through collaboration with key community partners. By virtue of this collaborative support of the City of Wheat Ridge and the Jefferson County Homeless Navigation Program, this donation will support addressing the social determinants of health through efforts to work directly with persons experiencing homelessness or at imminent risk of homelessness by supporting the cost of move-in kits, transportation and motel vouchers, housing deposits, and hats, mittens and gloves. The City of Wheat Ridge agrees to work with Intermountain Healthcare to report outcome measurements and data that includes but is not limited to: number of individuals served, effective strategies, and change created in the community through programs and services. Please sign below on behalf of the City of Wheat Ridge to accept this donation and use it for the intent stated above and acknowledging your agreement to the “Additional Terms and Conditions” sheet enclosed with this letter. Please email a signed copy of this letter to Jennifer.Leary@imail.org by April 28, 2022. This donation will be sent in 2022. This letter is used as documentation for the donation, the intended use of the funds, and requested outcome reporting. A new request and letter of intent will need to be created for any future support. We look forward to collaborating with you through this contribution to improve the health of our community. Sincerely, Mikelle Moore Senior Vice President, Chief Community Health Officer Intermountain Healthcare ________________________ Signature ________________________ Title ________________________ Date City Manager 04/22/2022 ATTACHMENT 2 ADDITIONAL TERMS AND CONDITIONS 1.Restrictions as to Uses of the Donation Proceeds. Recipient will use the full amount of the donation proceeds solely for the donation purposes identified in the attached letter. It is the responsibility ofRecipient to select appropriate means by which the donation Purposes are accomplished, whether directly by its own use or by others selected by it. Recipient will repay any portion of the donation proceeds which are not used for the donation purposes. 2. Compliance. Recipient will, and will cause its employees, other agents and contractors (collectively, “Recipient Personnel”) to, perform this Agreement in accordance with all federal,state and local laws applicable to Recipient or Intermountain. Recipient and Intermountain agreethat: (a) no portion of the donation is intended, directly or indirectly, to compensate Recipient or Recipient Personnel for purchasing, ordering, prescribing, using or recommending Intermountain’sproducts or services; (b) neither Recipient nor any of the Recipient Personnel is required to purchase, use, prescribe, order or recommend Intermountain’s products or services as a condition of this Agreement; (c) Intermountain will not require Recipient or any Recipient Personnel to referpatients to or restrict Recipient from referring patients to any particular individual or entity; (d) the donation amount is not conditioned upon the volume or value of any federal health care program business generated between Intermountain and Recipient; and (e) this Agreement will not restrictRecipient’s ability to enter into any other agreement for the receipt of donation proceeds. 3.Representations and Warranties. Recipient represents and warrants that Recipient is not: (a) excluded from Federal Health Care Programs (42 U.S.C. Section 1320a-7b(f)); (b) debarred fromfederal or state procurement or non-procurement programs; or (c) designated as a Specially Designated National or Blocked Person by the Office of Foreign Asset Control of the U.S. Department of the Treasury. Recipient further represents and warrants that (i) the Donation willcontribute meaningfully to Recipient’s ability to maintain or increase the availability, or enhance the quality, of health or wellness services provided to the community, and (ii) any compensationfrom Recipient to a physician will not exceed fair market value and will not take into account thevolume or value of any referrals or any other business generated by the physician to Intermountain. 4.Recordkeeping. Recipient agrees to maintain its books and records in such a way that the Donationproceeds will be shown separately on Recipient’s books. Recipient will maintain records of itsexpenditures in furtherance of the donation purposes to identify the use of the proceeds for the donation purposes and to document Recipient’s reasonable expectation that the donation proceedswill contribute meaningfully to Recipient’s ability to maintain or increase the availability, or enhance the quality, of health or wellness services provided to the community. 5. Reports to Intermountain. At Intermountain’s request, and not less than annually during the Termof this Agreement, Recipient will supply Intermountain with a written report based upon the records of Recipient showing the use of the donation proceeds in accordance with this Agreement. 6.Non-Discrimination. Recipient agrees not to discriminate against any individual, who otherwiseclinically qualifies for Recipient’s services, on the basis of the individual’s payor status or ability to pay. Recipient will provide effective notification to clients of their freedom to choose any service provider and will disclose, at the request of a client, the existence and nature of this Agreement, ineach case in a timely fashion and in a manner reasonably calculated to be effective and understood by the patient. 7.Publicity. Recipient will acknowledge Intermountain’s support of the donation purposes in allpublications related to the donation purposes and will provide Intermountain with a copy of any such publication.