HomeMy WebLinkAbout05-23-22 City Council MeetingAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 23, 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 23, 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: 853 8085 7784 Passcode: 327587 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
• December 6, 2021 - revised Study Session Notes
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: May 23, 2022 Page -2-
PROCLAMATIONS AND CEREMONIES
1. LGBTQ+ Pride Month – June 2022
2. Men’s Health Month (June 2022) and Men’s Health Week (June 13-19, 2022)
3. Safety Month – June 2022
4. National Gun Violence Awareness Day – June 3, 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.
1. CONSENT AGENDA
a. Resolution No. 25-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for technology to support telework
b. Motion to award a contract to Hallmark Inc. Denver, Colorado for the 2022 Bridge
Repair Project on West 44th Avenue over Clear Creek and approve subsequent payments in the amount of $566,961.00, with a contingency amount of $28,348.05 for a total not to exceed amount of $595,309.05
c. Motion to approve payment to Bank of Oklahoma for 2022 principal and interest
payments in the amount of $3,498,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A PUBLIC HEARINGS AND ORDINANCES ON SECOND 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. 04-2022 - an ordinance approving the rezoning of property located at 4501 Wadsworth Boulevard from Restricted Commercial (RC) to Mixed Use-
Neighborhood (MU-N)
4. Council Bill No. 05-2022 - an ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities
CITY COUNCIL AGENDA: May 23, 2022 Page -3-
5. 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
6. 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
ORDINANCES ON FIRST READING
NONE DECISIONS, RESOLUTIONS, AND MOTIONS
7. Motion to approve the receipt of an in-kind donation from CTP Disc, LLC to
construct a disc golf course at Fruitdale Park and allow naming rights of the
course for a limited 3-year term 8. Resolution No. 26-2022 - a Resolution of Denial of Council Bill 02-2022, an Ordinance approving the rezoning of property at 7585 W. 32nd Avenue from
Restricted-Commercial (R-C) to Planned Residential Development (PRD)
9. Resolution No. 27-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $500,000 and approving an agreement with Family Tree for
housing navigation assistance and case management services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting
December 6, 2021
Mayor Bud Starker called the Study Session to order at 6:31 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. All eight members of
Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
residents.
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, Judy Hutchinson, Janeece
Hoppe, Korey Stites, Valerie Nosler Beck, Leah Dozeman, and Rachel Hultin.
Also, present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; City Attorney,
Gerald Dahl; Director of Community Development, Ken Johnstone; Engineering
Manager, Steve Nguyen; interested citizens and guests.
Citizen’s Right to Speak
Guy Nahmiach, 3650 Ward Road. Came to comment on the many, many years as a
resident in W 38th area. Politicians have talked endlessly but done nothing. It is long
past time for sidewalks to improve pedestrian and cyclist’s safety, and to address the
many drainage issues along this corridor. Please, take action, as you have on several
other controversial issues.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
The following residents’ comments appeared in WR Speaks for this Study
Session.
My wife and I are new residents of west Wheat Ridge (35th and Simms) but old
residents of east Wheat Ridge. The rural feel on the west side is precious and road
improvement efforts should be geared towards preserving the laid back and semi-quiet
look and feel of the Applewood neighborhood. I'm witnessing occasional grumblings
from neighbors about lost views that I don't want to ever see boil over. At the moment
the intensity of the grumbling is low compared to what I've seen over the years on the
East side but do be aware that change causes anxiety. That said, my dog suggests that
improvements should be made to make 38th more walk-able which generally means
sidewalks, bike paths, shoulders, etc. From where we live, we cross 38th to reach a
neighborhood that leads to a greenbelt and we do a bit of hopping from dirt to sidewalk
to get there. Plus, the dog feels a little "boxed in" from a walk-ability standpoint as she
can't safely make her way to the east towards Parfet or even the northeast towards
some interconnecting roads around Pierson Court. It makes her howl! Sidewalks would
fix this. I've also noticed an obscene number of people pushing baby carriages through
the neighborhood, kids on bicycles, joggers, and other active users that would benefit
from improved access and walk-ability. Item #1 further mentions poor storm drainage
which, assuming it ever rains again in Colorado, should be a priority. The bottom line is
do what you must. Knowing there is significant development occurring on 38th and
Youngfield, I am concerned that too many improvements to 38th would encourage
traffic to and from the new Lutheran campus and associated shopping. This has the
potential to significantly change the complexion of the neighborhoods in the form of
more lanes, more traffic, and most concerning higher speeds - resembling the 38th of
East Wheat Ridge and Denver. That kind of sucks but I guess if you have to you have
to, right? If you can prioritize traffic calming that would be great so that crossing the
street does not become a game of Frogger. It is one thing to triple volume and quite
another to triple volume and speed. Finally, please make sure your traffic study explicitly
considers all the new, planned, and preplanned people/traffic from upcoming
developments on Youngfield, Kipling, and the old Lutheran campus. I would hate to do a
study that we rapidly outgrow because we forgot about traffic from the new hospital and
all those apartments. I've seen too many government projects that botch this, but never
from Wheat Ridge because Patrick and staff are great at their jobs.
December 2, 2021, 3:29 PM
Joseph Giordano
I appreciate the past efforts of the City to address concerns on the segment of 38th Ave
west of Kipling. Since 2008 and even 2017, there have been many changes in Wheat
Ridge including the development of Clear Creek Crossing and more young families
resettling in the area. I anticipate this corridor will only become more popular as an east
west route through the city to CCC. I look forward to the day when there are continuous,
safe sidewalks and protected bike lanes.
December 2, 2021, 10:38 AM
Heather Lowers
I live in between 32nd and 38th, and since we moved in here 8 years ago, sidewalks
along 38th have been a priority for our family! Our kids walk to and from school and that
often involves walking, riding bikes or skateboarding along 38th Ave. I also have a child
in a wheelchair, and if you have tried to take a stroll down to Sprouts or Starbucks with
a kid in a wheelchair (or stroller, for that matter, or even with a toddler walking beside), I
invite you to try it. It is simply not safe, and also very rocky and muddy. My kids are now
older, and we have taught them how to travel 38th safely, but I see people with strollers
or wheelchairs or small children all the time on 38th, walking to or from school. I am a
big supporter of safe travel outside of cars, because it gives kids the independence they
want and need and a safe route to Discovery Park, and also saves my heart from
freaking out at some of the close calls I have personally seen. Please prioritize these
sidewalks (and drainage) - I beg you. Humbly, Jenny Fischer
December 2, 2021, 10:24 AM
Jenny Fischer
1. 38th Avenue West Street Improvements (Kipling Street to Youngfield
Street)
Discussion of this item began at approximately 6:33 pm
Issue
Re-examine and Advance Sidewalks on 38th Avenue” was identified as one of City
Council’s priorities in the 2021-2022 Strategic Plan. Staff has broken this topic into two
geographic areas: 1) 38th Avenue West (Kipling Street to Youngfield Street); and 2) 38th
Avenue East, generally from Wadsworth Boulevard to Harlan Street, or smaller priority
segments
Staff Reports
Engineering Manager, Steve Nguyen and Project Supervisor, Mark Westberg presented
on the item where the purpose of this study session is to provide City Council with an
update on a potential design process for 38th Avenue West. 38th Avenue East is on the
future City Council agenda for a study session next year.
They spoke on existing conditions, past planning/design efforts, and a summary of a
possible improvement project to construct a continuous complete street with a focus on
bicycle and pedestrian (bike/ped) improvements.
Councilmembers had questions and comments:
• It makes sense on several levels to divide this project into two projects, from
Kipling to Youngfield to the west and Wadsworth to Sheridan in the east.
• Walking or riding on a cycle or scooter is very dangerous along W. 38th Ave from
Kipling to Youngfield. There are no sidewalks anywhere along that corridor.
• Heavy rain or snowmelt creates a number of flooding situations, especially where
the open ditch flows through a pipe underneath a driveway. Those culverts are
constantly clogged, which causes overflow and sends the residents to the ditch
to unclog the flow.
• CM Stites recalled that as a child he had trouble safely riding or walking along
38th Avenue and the same problem persists today.
• None of the residents along 38th Ave. have lodged a single objection or complaint
about moving forward with sidewalks, drainage and bike paths.
• Would there be funding available from The American Rescue Plan? Mr. Goff
responded that we do not know just yet.
• Can Mile High Flood District help with this project? Mr. Johnstone answered yes.
• CM Hultin reported on her extensive experience researching and studying this
corridor. She believes that this is the time to improve this corridor. Whatever we
do has to address drainage and especially pedestrian and cyclist safety.
Currently some families do not allow their children to go to the park because it is
too dangerous to cross 38th Ave. This is also a huge issue for the disabled who
must travel along this corridor. There is no other east-west access through this
neighborhood, other than 38th Ave. Any transportation study must accommodate
the needs of those who need sidewalks in order to move along the corridor.
• Several Councilmembers expressed support for planning an extensive project
along 38th Avenue.
• Without asking for a design tonight, give us some ideas about how this project
might get designed to accommodate vehicles, pedestrians, children, cyclists,
sidewalks and drainage including putting utilities underground.
• How many traffic lanes will the new design include? 38th Ave is 3 lanes to the
east of this corridor.
• How much additional right of way would the project require the city to acquire?
• Mr. Johnstone commented that all of these issues will have to be resolved during
planning. Mr. Nguyen opined that the current 60 feet of right of way will be
adequate except for a few specific locations.
• CM Hultin recalled the four priorities that came from the study of the corridor and
what residents need. She also recommended that staff review that report and
the data that supported it because it was thorough, voluminous and informative.
• Would funding this project require a supplemental budget appropriation? Mr.
Goff commented that it would, and that funds currently appear to be available
given our reserves. It would also require the issuance of more bonds, which
would have to go to the voters for approval.
CM Hoppe proposed a consensus to direct staff to bring to Council a plan to pursue a
design process and start the design consulting RFP process.
Consensuses attained.
2. Staff Report(s)
Discussion began at 7:11 pm,
Mr. Goff reported that at the next Council meeting we will present a progress report on
the funding of Clear Creek Crossing.
3. Elected Officials’ Report(s)
CM Hultin announced that Grammy’s Goodies recently received further accolades and
she is proud of the success of this District II business.
CM Dozeman thanked WR Parks and Rec and Local Works for presenting the tree
lighting ceremony last week. In the future let’s have more for kids at this event. Please
patronize our local market at 38th and during the Holiday shopping season.
CM Hutchinson thanked the WR PD for their recent toy drive. She also commented that
the three issues people are most concerned about include crime and response time to
calls for service. Mr. Goff replied about recent situations and going forward generally.
She also asked about what is being done to better manage traffic in our neighborhoods.
She is in favor of reducing the speed limit from 25 mph to 20 mph. This will not solve
the problem, but it will help, and we need to do something.
CM Hultin commented that Denver will soon reduce the speed limit in residential areas
from 25 to 20 mph. She asked staff the consequences of that action in WR, and Mr.
Nguyen gave his opinion. CM Hultin and CM Hutchinson requested that a discussion
about reducing speed limits in residential areas from 25 to 20 mph be added to a future
study session agenda.
Mr. Goff commented that there are many and varied traffic problems across the City and
we need to address them all. He also reported that he has asked the WR PD to enforce
speed laws in residential neighborhoods more frequently and visibly.
CM Weaver thanked staff and Council for the work on the W. 38th Ave. corridor.
Mayor Starker thanked those who attended the tree lighting and those who worked so
hard on the event. The next Coffee with the Mayor is this Saturday, December 11.
ADJOURNMENT
The Study Session adjourned at 7:27 PM.
APPROVED BY CITY COUNCIL ON May 23, 2022.
Steve Kirkpatrick, City Clerk
Rachel Hultin, Mayor Pro Tem
PROCLAMATION LGBTQ+ PRIDE MONTH JUNE 2022
WHEREAS, the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Wheat Ridge to live, work, play, and every family deserves a place to call home where they feel safe, happy, and supported by friends and neighbors; and WHEREAS, the City denounces prejudice and unfair discrimination based on age,
gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and
WHEREAS, Pride month began on June 28,1969 on the one-year anniversary of the Stonewall Uprising in New York City after LGBTQ+ and allied friends rose up and fought against the constant police harassment and discriminatory laws that have since been declared
unconstitutional; and WHEREAS, we appreciate the cultural, civic, and economic contributions of the Lesbian, Gay, Bisexual, Transgender, Queer, plus (LGBTQ+) community which strengthen our social welfare; and WHEREAS, it is imperative that every person in our community, regardless of sexual orientation, gender identity, and expression, feels valued, safe, empowered, and supported by their peers and community leaders; and WHEREAS, despite being marginalized, LGBTQ+ people continue to celebrate
authenticity, acceptance, and love. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat
Ridge, declare the month of June 2022 as, LGBTQ+ PRIDE MONTH
and urge residents to recognize the contributions made by members of the LGBTQ+ community and to actively promote the principles of equality, liberty, and justice. IN WITNESS WHEREOF, on this 23rd day of May 2022. ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk
PROCLAMATION MEN’S HEALTH MONTH JUNE 2022
WHEREAS, despite advances in medical technology and research, men continue to live an average of five years less than women with Native American and African American men having the lowest life expectancy; and WHEREAS, educating the public and health care providers about the importance of a healthy lifestyle and early detection of male health problems will result in reducing rates of mortality from disease; and WHEREAS, men who are educated about the value that preventive health can play in prolonging their lifespan and their role as productive family members will be more likely to participate in health screenings; and WHEREAS, fathers who maintain a healthy lifestyle are role models for their children
and have happier, healthier children; and WHEREAS, the Men’s Health Network worked with Congress to develop a national men’s health awareness period as a special campaign to help educate men, boys and their
families about the importance of positive health attitudes and preventive health practices; and WHEREAS, the Men’s Health Month website has been established at www.MensHealthMonth.org and features resources, proclamations, and information about
awareness events and activities, including Wear Blue for Men’s Health; and WHEREAS, the residents of the City of Wheat Ridge are encouraged to increase awareness of the importance of a healthy lifestyle, regular exercise, and regular check-ups,
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare June 2022 as MEN’S HEALTH MONTH Encouraging residents of Wheat Ridge to pursue preventive health practices and early detection efforts.
Dated this 23rd day of May 2022.
__________________________ Bud Starker, Mayor
________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION NATIONAL SAFETY MONTH JUNE 2022
WHEREAS, National Safety Month focuses on reducing the leading causes of injury and death at work, on the roads and in our homes and communities, drawing attention to safe practices that will decrease the likelihood of accidents; and
WHEREAS, all community members deserve to live in communities that promote
safe and healthy living environments; and WHEREAS, safe communities require the cooperation of all levels of government, business, and industry employees, as well as the general public; and
WHEREAS, through the support and observance of National Safety Month each year, employers are helping to reverse an increase in accidental injuries and deaths in the workplace; and
WHEREAS, the City supports safety efforts and has taken a pro-active stance in
providing a safe and healthy work environment for its employees by supporting the BESAFE safety committee; and WHEREAS, the City works to prevent accidental injuries by educating employees
about safe and healthy practices in the workplace through training and encouragement;
and WHEREAS, the beginning of the summer season, traditionally a time of increased accidents and injuries, is an appropriate time to focus attention on risk
management and prevention.
NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge formally designate the month of June 2022 as,
NATIONAL SAFETY MONTH
and urge all community members and employees to establish and maintain safe practices in their homes, workplaces, and communities.
IN WITNESS WHEREOF, on this 23rd day of May 2022.
___________________________ Bud Starker, Mayor
Steve Kirkpatrick, City Clerk
2022 PROCLAMATION DECLARING THE FIRST FRIDAY IN JUNE TO BE NATIONAL GUN VIOLENCE AWARENESS DAY This proclamation declares the first Friday in June to be National Gun Violence
Awareness Day in the City of Wheat Ridge to honor and remember all victims and
survivors of gun violence and to declare that we as a country must do more to reduce gun violence. WHEREAS, on January 29, 2013, Hadiya Pendleton was tragically shot and
killed at age 15, one week after performing at events for President Barack Obama’s
second inauguration; and
WHEREAS, on June 3, 2022, to recognize the 25th birthday of Hadiya
Pendleton, people across the United States will recognize National Gun Violence Awareness Day and wear orange; and WHEREAS, the idea was inspired by a group of Hadiya’s friends, who chose this
color because hunters wear orange to announce themselves to other hunters when out in the woods and orange is a color that symbolizes the value of human life; and WHEREAS, every day, more than 110 Americans are killed by gun violence, alongside more than 200 who are shot and wounded, and on average there are nearly 16,000 gun homicides every year; and WHEREAS, cities across the nation, including in Wheat Ridge, are working to end the senseless violence with evidence-based solutions; and WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-in-hand with keeping guns away from people with dangerous histories; and WHEREAS, gun violence prevention is more important than ever as the COVID-
19 pandemic continues to exacerbate gun violence after more than two years of increased gun sales, increased calls to suicide and domestic violence hotlines, and an increase in city gun violence; and NOW, THEREFORE BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, declare June 3, 2022, to be National Gun Violence Awareness Day. I encourage all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives.
IN WITNESS WHEREOF, on this 23rd day of May 2022.
__________________________
Bud Starker, Mayor Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $50,000
FOR TECHNOLOGY TO SUPPORT TELEWORK
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE:
Per City Council’s direction, the City will use increased General Fund reserves from the American Rescue Plan Act (ARPA) funding to purchase additional computers and ancillary equipment to support telework.
PRIOR ACTION:
During the April 4, 2022 Study Session, City Council provided consensus to move forward with an allocation of ARPA funds to support increased telework abilities. $100,000 in total has been reserved for this purpose; staff is requesting 50% now and will request the remainder during the 2023 budget process.
FINANCIAL IMPACT: As discussed on April 4, 2022, the City will receive a total of $7,873,279.72 in funds from ARPA to address the impacts of the pandemic. The City received the first 50% of its allocation in June 2021 and will receive the remaining $3.9 million in June 2022. The purpose of the funding is to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
Council Action Form – ARPA Technology Budget Supplemental May 23, 2022
Page 2
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity. U.S. Treasury Department guidance will allow the City to accept its full allocation as a contribution towards “lost revenue,” which enables the City to appropriate the funding for general government
services. This funding therefore increases the General Fund unrestricted fund balance meaning there is no negative financial impact when Council appropriates these funds for uses as directed at the April 4, 2022 Study Session. BACKGROUND:
At the April 4, 2022 Study Session, Council provided direction to move forward with a number of programs and initiatives to support the community’s recovery from the pandemic. Staff informed Council that budget supplemental requests would be presented as necessary to fulfill the plan as presented. This budget supplemental request provides for the following:
• Additional laptops and monitors to facilitate a hybrid work environment
• Continue the migration of the City’s on-premise Microsoft Exchange server to Microsoft Office 365 (the initial migration occurred in 2020 using CARES funds)
• Begin the implementation of multi-factor authentication for Microsoft products to improve the
organizations security standing and to enforce security around hybrid work practices
RECOMMENDATIONS: Staff recommends approval of this budget supplemental request.
RECOMMENDED MOTION:
“I move to approve Resolution No. 25-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for technology to support telework.”
Or,
“I move to postpone indefinitely Resolution No. 25-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for technology to support telework for the following reason(s)___________.” REPORT PREPARED AND REVIEWED BY: Jesse Dubin, IT Manager Allison Scheck, Administrative Services Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 25-2022
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25
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 $50,000 FOR TECHNOLOGY TO SUPPORT TELEWORK WHEREAS, the City has received $7.9 million in American Rescue Act Plan (ARPA) funding to help the City and community recover from the pandemic; and WHEREAS, the City Council recognizes the increased demand for additional technology to facilitate alternative working arrangements; and
WHEREAS; the City Council wishes to appropriate a portion of this ARPA funding to continue the evolution of the technology portfolio to support the City’s response to the pandemic; and
WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that:
Section 1. A transfer of $30,750 is approved from the General Fund undesignated reserves to account 01-117-700-776 Section 2. A transfer of $19,250 is approved from the General Fund undesignated reserves to account 01-117-800-809
DONE AND RESOLVED this 23th day of May 2022.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1b
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO HALLMARK INC.
OF DENVER, COLORADO FOR THE 2022 BRIDGE REPAIR
PROJECT ON WEST 44TH AVENUE OVER CLEAR CREEK
AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $566,961.00, WITH A CONTINGENCY AMOUNT OF $28,348.05, FOR A TOTAL NOT TO EXCEED AMOUNT OF $595,309.05 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
City Manager ISSUE: The 2022 Bridge Repair Project consists of replacing the existing expansion devices and
repairing a pier cap on the West 44th Avenue bridge over Clear Creek. The expansion device in the middle of the bridge will be eliminated and the bridge expansion devices on each end of the bridge will be replaced.
Three bids were received for this project which were opened on April 19, 2022. Staff recommends the lowest responsive bidder, Hallmark Inc. of Denver, Colorado be awarded the
contract for the Bid Schedule #1 amount of $566,961.00 plus a contingency of $28,348.05.
PRIOR ACTION: None
Council Action – 2022 Bridge Repair Project May 23, 2022
Page 2
FINANCIAL IMPACT: Funding for this project has been approved in the 2022 Bridge Maintenance Projects budget line
item 30-303-800-866 in the amount of $479,000. The additional funding will come from the
Preventative Maintenance budget line item 30-303-800-884 in the amount of $116,309.05.
BACKGROUND: Formal bids for the 2019 Bridge Repair Project were received in Febuarry of 2020. Due to Covid-19 and the uncertainty of available revenue the city postponed the project. The 2022
Bridge Repair Project bids were opened on April 19, 2022, at a public bid opening. he three bids
received met the initial bid requirements. The bid schedule #1 from Hallmark Inc.of Denver, Colorado represents the low bid and is 7.7% more than the engineer’s estimate due to the increase in material and oil prices. Award is based on the lowest responsive and responsible bid. The company’s references and experience were evaluated by Public Works staff as a basis for
recommendation.
The 2022 Bridge Repair Project on West 44th over Clear Creek is comprised of replacing the existing expansion devices and repairing a pier cap. The expansion device in the middle of the bridge will be eliminated and new bridge expansion devices will be installed on each end of the
bridge.
RECOMMENDATIONS: Based upon the contractor’s low bid and demonstrated capabilities and performance on referenced projects, and available budget, Staff recommends that a contract be awarded to Hallmark Inc.
RECOMMENDED MOTION: “I move to award a contract to Hallmark Inc. Denver, Colorado for the 2022 Bridge Repair Project on West 44th Avenue over Clear Creek and approve subsequent payments in the amount of $566,961.00, with a contingency amount of $28,348.05 for a total not to exceed amount of
$595,309.05”
Or, “I move to not award a contract to Hallmark Inc. Denver, Colorado for the 2022 Bridge Repair
Project on West 44th Avenue over Clear Creek for the following reason(s)________________.” REPORT PREPARED/REVIEWED BY: Russ Higgins, Civil Engineer II Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Bid Tab Sheet
Project Bidtabs
Item #Item Quantity Unit
Construction Unit Cost Item Cost Unit Cost Item Cost Unit Cost Item Cost Unit Cost Item Cost
201 Clearing & Grubbing 1 LS 2,630.00$ 2,630.00$ 13,400.00$ 13,400.00$ 5,000.00$ 5,000.00$ 4,000.00$ 4,000.00$
202A Removal of Asphalt Mat 155 SY 50.00$ 7,750.00$ 99.00$ 15,345.00$ 25.00$ 3,875.00$ 50.00$ 7,750.00$
202B Removal of Portions of Present Structure (Class 3)81 SY 950.00$ 76,950.00$ 1,097.00$ 88,857.00$ 750.00$ 60,750.00$ 400.00$ 32,400.00$
202C Removal of Portions of Present Structure 1 LS 37,265.00$ 37,265.00$ 55,362.00$ 55,362.00$ 50,000.00$ 50,000.00$ 31,500.00$ 31,500.00$
206 Structure Excavation 13 CY 435.00$ 5,655.00$ 340.00$ 4,420.00$ 150.00$ 1,950.00$ 255.00$ 3,315.00$
208A Aggregate Bag 70 LF 13.00$ 910.00$ 31.00$ 2,170.00$ 15.00$ 1,050.00$ 10.00$ 700.00$
208B Concrete Washout Structure 1 EA 1,220.00$ 1,220.00$ 3,700.00$ 3,700.00$ 2,000.00$ 2,000.00$ 1,000.00$ 1,000.00$
304 Aggregate Base Course (Class 6)(6")13 CY 325.00$ 4,225.00$ 252.00$ 3,276.00$ 200.00$ 2,600.00$ 120.00$ 1,560.00$
403 Hot Mix Asphalt (SX)(75)(PG-64-22)34 Ton 455.00$ 15,470.00$ 388.00$ 13,192.00$ 325.00$ 11,050.00$ 500.00$ 17,000.00$
411 Emulsified Asphalt (Slow-Setting)15 Gal 7.00$ 105.00$ 11.00$ 165.00$ 25.00$ 375.00$ 20.00$ 300.00$
515 Waterproofing (Membrane)103 SY 25.00$ 2,575.00$ 132.00$ 13,596.00$ 90.00$ 9,270.00$ 30.00$ 3,090.00$
518 Bridge Expansion Devise (0-4 inch)136 LF 480.00$ 65,280.00$ 772.00$ 104,992.00$ 500.00$ 68,000.00$ 370.00$ 50,320.00$
601A Concrete Class DT (Deck Topping)56 CY 2,590.00$ 145,040.00$ 4,270.00$ 239,120.00$ 1,750.00$ 98,000.00$ 1,665.00$ 93,240.00$
601B Galvanic Anodes 495 EA 30.00$ 14,850.00$ 36.00$ 17,820.00$ 25.00$ 12,375.00$ 30.00$ 14,850.00$
602 Reinforcing Steel (Epoxy Coated)12,670 LB 4.20$ 53,214.00$ 3.50$ 44,345.00$ 3.00$ 38,010.00$ 5.00$ 63,350.00$
614 Variable Message Sign 2 EA 13,500.00$ 27,000.00$ 14,400.00$ 28,800.00$ 7,500.00$ 15,000.00$ 10,000.00$ 20,000.00$
620 Sanitary Facility 1 Each 2,700.00$ 2,700.00$ 2,800.00$ 2,800.00$ 1,000.00$ 1,000.00$ 800.00$ 800.00$
626 Mobilization 1 LS 93,000.00$ 93,000.00$ 188,400.00$ 188,400.00$ 102,000.00$ 102,000.00$ 70,000.00$ 70,000.00$
627 Pavement Marking Paint 25 GAL 613.00$ 15,325.00$ 161.00$ 4,025.00$ 150.00$ 3,750.00$ 200.00$ 5,000.00$
630A Flagging 160 HR 45.00$ 7,200.00$ 41.00$ 6,560.00$ 45.00$ 7,200.00$ 50.00$ 8,000.00$
630B Trtaffic Control Management 1 LS 34,000.00$ 34,000.00$ 162,000.00$ 162,000.00$ 29,000.00$ 29,000.00$ 10,000.00$ 10,000.00$
630C Barrier (Temporary)406 LF 97.00$ 39,382.00$ 75.00$ 30,450.00$ 26.00$ 10,556.00$ 100.00$ 40,600.00$
630D Construction Traffic Sign (Panel Size A)16 EA 515.00$ 8,240.00$ 59.00$ 944.00$ 100.00$ 1,600.00$ 100.00$ 1,600.00$
630E Drum Channelizing Devise 75 EA 190.00$ 14,250.00$ 67.00$ 5,025.00$ 50.00$ 3,750.00$ 75.00$ 5,625.00$
630F Traffic Cones 20 EA 95.00$ 1,900.00$ 15.00$ 300.00$ 10.00$ 200.00$ 20.00$ 400.00$ 630G Impact Attenuator (Temporary)2 EA 9,700.00$ 19,400.00$ 7,900.00$ 15,800.00$ 6,800.00$ 13,600.00$ 15,000.00$ 30,000.00$
720 Materials Sampling & Testing 1 LS 7,750.00$ 7,750.00$ 16,300.00$ 16,300.00$ 15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$
703,286.00$ 1,081,164.00$ 566,961.00$ 526,400.00$
ABCO Contracting, Inc.Structures Hallmark Inc.Engineer Est
Construction Sub-total
Page 1 of 1
ATTACHMENT 1
ITEM NO: 1c
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO BANK OF
OKLAHOMA FOR 2022 PRINCIPAL AND INTEREST
PAYMENTS IN THE AMOUNT OF $3,498,800 FOR THE CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ________________________ Administrative Services Director City Manager ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par
amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2022 is due June 1 in the amount of $389,400 and the principal and second interest payment is due December 1 in the amount of $3,109,400. Funds to cover the 2022 payments are budgeted in the 2022 2E Bond Fund budget. PRIOR ACTION: On April 26, 2021; June 8, 2020; June 10, 2019 and November 26, 2018, City Council approved the principal and interest payments on the bonds due in those respective years. On February 13, 2017, City Council approved Resolution No. 02-2017 creating the 2E Bond
Fund. The City made the first principal and interest payment on the bonds in November 2017. On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and
use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City
Council Action Form – 2E Bond Principal and Interest Payment May 23, 2022
Page 2
investment in public infrastructure to facilitate economic development opportunities.
FINANCIAL IMPACT:
The aggregate principal amount of the bonds total $30,595,000 with a total repayment cost of $37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000.
The 2022 adopted 2E Bond Fund budget includes adequate funds for debt service payments. In
2021, the 0.50% sales and use tax rate increase generated $5,158,272. Therefore, funds are available to cover these debt service payments. BACKGROUND:
In 2007, when the Mayor initiated a citizen task force to prioritize infrastructure needs, the City
identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This citizen group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council.
City Council directed staff to move forward with a ballot question requesting a temporary, one-
half of one-cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance of debt to finance the following projects:
• Anderson Park Improvements
• Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70
• Wheat Ridge • Ward Commuter Rail Station Area
• Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and
Youngfield At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in
a special fund and will not be released or available for any purposes except for the four projects
listed above and to pay debt service on these bonds and to replenish the reserve fund. RECOMMENDATIONS: The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and
Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to
the bank by a certain date, otherwise the City will be in default of this agreement. The payments to Colorado State Bank were subsequently assigned to Bank of Oklahoma. RECOMMENDED MOTION:
“I move to approve payment to Bank of Oklahoma for 2022 principal and interest payments in the
amount of $3,498,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A.” Or,
Council Action Form – 2E Bond Principal and Interest Payment May 23, 2022
Page 3
“I move to deny payment to Bank of Oklahoma for 2022 principal and interest payments in the amount of $3,498,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue
Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Allison Scheck, Administrative Services Director
Mark Colvin, Finance Manager ATTACHMENTS: 1. Bond Debt Service
Mar 22, 2017 8:58 am Prepared by FirstSouthwest (LDR) (Finance 7.017 c:\users\lramos\desktop\City of Wheat Ridge, Colorado:3_21_17P-AAMIN_NI) Page 2
BOND DEBT SERVICE
City of Wheat Ridge, Colorado
Sale Tax Revenue Bonds, Series 2017 (Pricing Day 3.21.2017)
PRICING DAY 3.21.2017
FINAL NUMBERS
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
12/01/2017 2,800,000 3.000%690,454.72 3,490,454.72 3,490,454.72
06/01/2018 552,650.00 552,650.00
12/01/2018 2,400,000 3.000%552,650.00 2,952,650.00 3,505,300.00
06/01/2019 516,650.00 516,650.00
12/01/2019 2,465,000 4.000%516,650.00 2,981,650.00 3,498,300.00
06/01/2020 467,350.00 467,350.00
12/01/2020 2,565,000 4.000%467,350.00 3,032,350.00 3,499,700.00
06/01/2021 416,050.00 416,050.00
12/01/2021 2,665,000 2.000%416,050.00 3,081,050.00 3,497,100.00
06/01/2022 389,400.00 389,400.00
12/01/2022 2,720,000 5.000%389,400.00 3,109,400.00 3,498,800.00
06/01/2023 321,400.00 321,400.00
12/01/2023 2,860,000 5.000%321,400.00 3,181,400.00 3,502,800.00
06/01/2024 249,900.00 249,900.00
12/01/2024 3,000,000 5.000%249,900.00 3,249,900.00 3,499,800.00
06/01/2025 174,900.00 174,900.00
12/01/2025 3,150,000 ** %174,900.00 3,324,900.00 3,499,800.00
06/01/2026 119,400.00 119,400.00
12/01/2026 3,260,000 4.000%119,400.00 3,379,400.00 3,498,800.00
06/01/2027 54,200.00 54,200.00
12/01/2027 2,710,000 4.000%54,200.00 2,764,200.00 2,818,400.00
30,595,000 7,214,254.72 37,809,254.72 37,809,254.72
ATTACHMENT 1
ITEM NO: 2
DATE: May 23, 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).
City Council approved this ordinance on first reading on May 9, 2022. A motion was made by Councilmember Hutchinson and seconded by Councilmember Stites and was approved by a vote of 7 to 0.
Council Action Form – Floodplain Maps May 23, 2022
Page 2
FINANCIAL IMPACT: There will be no direct financial impact to the City if the ordinance is approved.
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
Council Action Form – Floodplain Maps May 23, 2022
Page 3
proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, and right-of-way needs.
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 23, 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 are attached.
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, on second reading, 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
4. Planning Commission meeting minutes
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HUTCHINSON Council Bill No. 06
Ordinance No. 1736 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 7 to 0 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: May 26, 2022
Jeffco Transcript Effective Date: June 10, 2022
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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)
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ATTACHMENT 2
SFHAs & LFHAs
Clear Creek SFHA
Lena Gulch SFHA
Sloan’s Lake SFHA
Sloan’s Lake LFHA
Planning Commission Minutes - 1 –April 21, 2022
PLANNING COMMISSION Minutes of Meeting April 21, 2022
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair ANTOL at 7:00 p.m. This meeting was held inperson and virtually, using Zoom video-teleconferencing technology. As duly announcedand publicly noticed, the City previously approved this meeting format in order to
continue with normal business amid the COVID-19 pandemic and the related publicemergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol Kristine Disney Jerry DiTullio
Will Kerns Daniel Larson Janet Leo Jonathan Schelke Julianne Stern
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Mark Westberg, Engineering Projects Supervisor Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DITULLIO and seconded by CommissionerSCHELKE to approve the order of the agenda. Motion carried 8-0.
5.APPROVAL OF MINUTES – April 7, 2022
ATTACHMENT 4
Planning Commission Minutes - 4 – April 21, 2022
4. All responding agencies have indicated they can serve the property with improvements installed at the developer’s expense.
5. The specific development plan is in substantial compliance with the applicable standards set forth in the outline development plan and with the City’s adopted design manuals. Motion approved 8-0.
B. Case No. ZOA-22-02: 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.
Mr. Westberg gave a short presentation regarding floodplain maps and the
proposed code amendment. In response to a question from Commission LARSON about what is being changed in this ordinance, Mr. Westberg clarified that this ordinance is to readopt the
floodplain maps along Sloan’s Lake in the street and in some people’s front yards.
It will not affect the buildings on 26th Avenue and will be effective August 2, 2022. Mr. Westberg also answered questions regarding flood insurance, the history of floodplain mapping around Sloan’s Lake and other floodplain questions around
with regards to properties near Clear Creek.
Public Comment No one wished to speat at this time.
It was moved by Commissioner KERNS and seconded by Commissioner LEO a request to recommend approval of the proposed ordinance amending Article VII of Chapter 26 of the Code of Laws to update the City’s floodplain maps and to make conforming amendments:
Motion carried 8-0.
8. OLD BUSINESS 9. NEW BUSINESS
A. Upcoming Dates
Ms. Mikulak mentioned there will not be a May 5 Planning Commission Meeting but most likely the May 19 and June 2 will be held. She added that there will also
ITEM NO: 3
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: 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) (CASE NO. WZ-22-02)
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/25/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/23/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager 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.
PRIOR ACTION:
Planning Commission reviewed this request at a public hearing held on April 7, 2022 and
recommended approval. The staff report and a copy of the Planning Commission minutes are attached.
City Council approved this ordinance on first reading on April 25, 2022. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and was approved by a vote of 8
to 0.
Council Action Form – Proposed Rezoning at 4501 Wadsworth Boulevard May 23, 2022
Page 2
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the
amount of $700 were collected for the review and processing of Case No. WZ-22-02. If the
rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees or sales tax.
BACKGROUND: The property is located at the west side of Wadsworth Boulevard between W. 44th Avenue and
W. 47th Avenue. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials and is
currently undergoing construction as part of the Wadsworth Improvement Project. The property will be partially impacted along the frontage by the project, and right-of-way was already acquired. According to the Jefferson County Assessor, the property is unplatted and the parcel area measures approximately 18,894 square feet (0.43 acres) after the right-of-way acquisition
and contains a two-story retail building from 1966.
The property is currently zoned Restricted Commercial (RC). There are no adjacent or nearby properties zoned RC until further north on Wadsworth past W. 46th Avenue. Most other properties along Wadsworth Boulevard in this area, however, are in more intensive commercial
or mixed-use zone districts and primarily contain commercial uses. The property immediately to
the north at 4535 Wadsworth Blvd was recently rezoned to MU-N in 2021. To the immediate west is a multi-unit residential development on Yukon Court zoned Residential-Three (R-3). Further to the east and west are lower-density residential uses zoned R-2.
Current Zoning
The current zone district, RC, is a legacy zone district dating back to 1972 and was established to provide light commercial uses including office uses and limited retail uses. It was originally designed for and is more often seen on smaller properties with adjacency to lower density residential uses.
Proposed Zoning
The applicant is requesting the property be rezoned to MU-N, a zone district intended for medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. The applicant intends to rezone the property to allow uses that are more consistent with the current land use patterns on Wadsworth,
including adjacent properties. A proposed use for this site is an upholstery shop which is not
allowed in the existing RC zone district, which is emblematic of how limiting the RC zoning is in attracting potential retail users. The allowed uses in the RC zone district are limited which could make it challenging to attract users for the building or someone interested in redeveloping the site.
The MU-N zone district is more appropriate than RC in terms of allowed land uses and will
expand the permitted uses on the subject property. MU-N also has stricter requirements in terms of development standards, if the property were to ever redevelop. A full analysis of the zone change criteria is included in the attached staff report.
Council Action Form – Proposed Rezoning at 4501 Wadsworth Boulevard May 23, 2022
Page 3
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 Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission 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 this request.
RECOMMENDED MOTION: “I move to approve 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) 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.” Or,
“I move to deny 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), 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.”
REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2022 2. Staff Report
3. Planning Commission Meeting Minutes (04/07/2022)
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 04
ORDINANCE NO. 1735 Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4501 WADSWORTH BOULEVARD FROM
RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-22-02) 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, John Graefe has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 4501 Wadsworth Boulevard; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of land uses along Wadsworth Boulevard to encourage the redevelopment of outdated and underutilized properties on that corridor; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 7, 2022 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO: Section 1. Upon application by John Graefe for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4501 Wadsworth Boulevard, 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: A tract of land in the SE ¼ of the NW ¼ of Section 23, Township 3 South, Range
69 West of the 6th P.M., described as follows: Beginning at a point 691.44 feet North of the South line of the SE ¼ of the NW ¼ of Section 23 and 45 feet West of the East line of the SE ¼ of the NW ¼ of said Section 23; Thence West parallel to the South line of the SE ¼ of the NW ¼ of said Section 23, 284.64 feet to the West line of the East 10 acres of the SE ¼ of the NW ¼ of said Section 23;
Thence North parallel to the East line of the SE ¼ of the NW ¼ of said Section 23, 73.99 feet, more or less, to a point 556.00 feet South of the North line of the SE ¼ of the NW ¼ of said Section 23’ Thence East parallel to the North line of the SE ¼ of the NW ¼ of said Section 23, 284.64 feet to a point 45 feet West of
the East line of the SE ¼ of the NW ¼ of said Section 23; Thence South parallel to the East line of the SE ¼ of the NW ¼ of said Section 23, 74.49 feet to the Point of Beginning, 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 8 to 0 on this 25th day of April, 2022, ordered it published with Public Hearing and consideration
on final passage set for Monday, May 23, 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 _____ 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 Dahl, City Attorney
1st publication: April 28, 2022 2nd publication: May 26, 2022 Jeffco Transcript: Effective Date: June 10, 2022
Planning Commission 1Case No. WZ-22-02 / 4501 Wadsworth Rezone
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: April 7, 2022 (Planning Commission) / May 23, 2022 (City Council)
CASE MANAGER: Scott Cutler, Senior Planner
CASE NO. & NAME: WZ-22-02 / 4501 Wadsworth Rezone
ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N)
LOCATION OF REQUEST: 4501 Wadsworth Blvd
APPLICANT / OWNER: Bella Trova LLC (John Graefe, Representative)
APPROXIMATE AREA: 18,894 square feet (0.43 acres)
PRESENT ZONING: Restricted Commercial (RC)
COMPREHENSIVE PLAN: Neighborhood Buffer Area, Primary Commercial Corridor, Wadsworth Corridor
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-22-02 / 4501 Wadsworth Rezone
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
The owner of the property at 4501 Wadsworth Boulevard is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N). The zone change will result in a zoning that matches surrounding zoning designations including the property to the north, as well the
character of the Wadsworth Corridor. A potential buyer of the property intends to use the building as
an upholstery shop which is not permitted in RC but is a permitted use in the MU-N zone district.
II. EXISTING CONDITIONS The property is located at the west side of Wadsworth Boulevard between W. 44th Avenue and W. 47th
Avenue (Exhibit 1, Aerial). Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials
and is currently undergoing construction as part of the Wadsworth Improvement Project. Land for right-of-way dedication along the eastern property line was acquired from this property as part of the project. There is currently one access point into the site off Wadsworth Boulevard which will become
right-in/right-out only after the Wadsworth Project is complete. According to the Jefferson County
Assessor, the property is unplatted and the parcel area measures 18,894 square feet (0.43 acres) in size after the right-of-way dedications and contains a two-story retail building from 1966. The property is currently zoned Restricted Commercial (RC). There are no adjacent or nearby properties zoned RC until further north on Wadsworth past W. 46th Avenue. Most other properties
along Wadsworth Boulevard in this area, however, are in more intensive commercial or mixed-use
zone districts and primarily contain commercial uses. The property immediately to the north at 4535 Wadsworth Blvd was recently rezoned to MU-N. To the immediate west is a multifamily residential development on Yukon Court zoned Residential-Three (R-3). Further to the east and west are lower-density residential uses zoned R-2 (Exhibit 2, Zoning Map).
III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide
medium density mixed-use development. In addition to residential and office uses, it allows for a range
of neighborhood-serving commercial and retail uses. The current zone district, RC, is a legacy zone district and was established to provide light commercial uses including office uses and limited retail uses. It was originally designed for and is more often seen on smaller properties with adjacency to lower density residential uses.
The applicant intends to rezone the property to allow uses that are more consistent with the current
land use patterns on the Wadsworth Corridor and future conditions of Wadsworth due to the Wadsworth Improvement Project (Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned for mixed-use or commercial uses. The proposed use of the site as an
upholstery shop is not allowed in RC which is emblematic of how limiting the RC zoning is in
attracting potential retail users. The MU-N district would provide more flexibility.
Planning Commission 3 Case No. WZ-22-02 / 4501 Wadsworth Rezone
The current RC zoning is a remnant of the past and reflective of the long-standing retail use. The RC
zoning dates back to the City’s original 1972 zoning map. The MU-N and RC districts have similar
development standards with permitted uses being the most significant difference. The RC zone district allows a limited range of office uses including administrative, professional, and personal services, and a limited range of neighborhood-oriented retail uses. By contrast, MU-N zoning allows residential
uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number.
The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at
the time. This property was outside of those urban renewal areas and therefore was not included in the
legislative rezoning. Rather, the segment of Wadsworth from 45th Avenue to the interstate serves as a
transition zone as properties gradually get smaller in size. MU-N zoning is appropriate for this segment and particularly on this property given its size and its location as a transition between a state highway (Wadsworth Boulevard) and a neighborhood to the west.
A summary of the MU-N zone district is provided below.
PROPOSED ZONING Mixed Use-Neighborhood (MU-N)
Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities
Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials
Max. Building Height 35’ if the building has a residential use 50’ for all other uses
Max. Lot coverage 90% for mixed use 85% for single use
Min. Landscaping 10% for mixed use 15% for single use
Build-to Area 0-12’ along front property line Setbacks North (side): 10’ or more, depending on number of stories (since the property abuts a residentially zoned lot that contains a single- or two-family residential use) South (side): 0’ West (rear): 5’ Density 21 dwelling units per acre IV. ZONE CHANGE CRITERIA
Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision 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. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU-N zone district is more appropriate than RC in terms of allowed land uses and intensity. For that reason,
the zone change should not have an adverse effect on the surrounding area. Instead, the MU-N
zoning is expected to add value to the subject property. The mixed-use development standards will support compatibility between future redevelopment and existing land uses. In addition, any MU-N
Planning Commission 4 Case No. WZ-22-02 / 4501 Wadsworth Rezone
building containing residential is limited to 35 feet in height and design standards for MU-N are
stricter than for other zones, including setbacks, landscaping buffers, and architecture.
Staff concludes that this criterion has been met.
2. 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. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with
current Building Codes, as well as the Fire Code.
Staff concludes that this criterion has been met. 3. 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. Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009
comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 5,
Comprehensive Plan). This designation envisions a corridor with a broad mix of activities,
accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically, for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties.
A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property, by
expanding the permitted uses on the property, and by aligning the zoning with the City’s
mixed-use goals for this corridor.
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 has not found any evidence of an error with the current RC zoning designation as it appears on the City zoning maps.
Staff concludes that this criterion is not applicable.
Planning Commission 5 Case No. WZ-22-02 / 4501 Wadsworth Rezone
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. The Wadsworth Corridor has evolved significantly since the original RC zoning and original
development. The land uses along Wadsworth are evolving to be more compatible with the
regional transportation purposes this street serves. Commercial and multifamily investments along the corridor continue and are expected to continue as the City invests in the road improvements and streetscape. The remaining NC and RC zoning along Wadsworth does not reflect the reality of the corridor as a major regional arterial primarily because the list of permitted uses is unreasonably limited for this context, making it difficult to attract tenants or
reinvest in the property.
Staff concludes that this criterion has been met. 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. The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
Staff concludes that the criteria used to evaluate zone change support this request.
V. PUBLIC NOTICING
Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on February 9, 2022. This meeting was advertised and
conducted as a virtual meeting on Zoom. One person from the public attended the virtual meeting in
addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, March 25, 2022, the City has not received additional
comments or inquiries from surrounding property owners.
VI. 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 comments. West Metro Fire Protection District: No comments or concerns. Xcel Energy: No objections.
Century Link / Lumen: No comments received.
Planning Commission 6 Case No. WZ-22-02 / 4501 Wadsworth Rezone
Comcast Cable: No comments received.
Wheat Ridge Water District: No comments received. Any future development would be referred to the district for review and approval.
Wheat Ridge Sanitation District: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the
community and will not result in a significant adverse effect on the surrounding area. Staff further
concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan.
Because the zone change evaluation criteria support the zone change request, staff recommends
approval of Case No. WZ-22-02. VIII. SUGGESTED MOTIONS
Option A: “I move to recommend APPROVAL of Case No. WZ-22-02, a request for approval of a zone change from Restricted Commercial (RC) to Mixed-Use Neighborhood (MU-N) for property located at 4501 Wadsworth Boulevard, 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. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard.
4. The zone change will provide additional opportunity for reinvestment in the area.
5. The criteria used to evaluate a zone change supports the request.” Option B:
“I move to recommend DENIAL of Case No. WZ-22-02, a request for approval of a zone change from
Restricted Commercial (RC) to Mixed-Use Neighborhood (MU-N) for property located at 4501 Wadsworth Boulevard, for the following reasons: 1. 2. …”
Planning Commission 7 Case No. WZ-22-02 / 4501 Wadsworth Rezone
EXHIBIT 1: AERIAL
Planning Commission 8 Case No. WZ-22-02 / 4501 Wadsworth Rezone
EXHIBIT 2: ZONING MAP
Planning Commission 9 Case No. WZ-22-02 / 4501 Wadsworth Rezone
EXHIBIT 3: APPLICANT LETTER
Planning Commission 10 Case No. WZ-22-02 / 4501 Wadsworth Rezone
Planning Commission 11 Case No. WZ-22-02 / 4501 Wadsworth Rezone
NEIGHBORHOOD MEETING NOTES
Meeting Date: February 9, 2022
Attending Staff: Scott Cutler
Location of Meeting: Virtual Meeting
Property Address: 4501 Wadsworth Boulevard
Property Owners and Applicant: Bella Trova LLC
Property Owner Present? Representative, John Graefe
Existing Zoning: Restricted Commercial (RC)
Existing Comp. Plan: Primary Commercial Corridor, Neighborhood Buffer
Existing Site Conditions: The property is located on the west side of Wadsworth Boulevard between
W. 44th Avenue and W. 47th Avenue. The property currently measures 21,126 square feet (0.485 acres)
and contains a general retail building built in 1966, according to the Jefferson County Assessor. Some
land was acquired on the east side of the property as part of the Wadsworth Improvement Project, which will make the total size smaller. The property is currently zoned Restricted Commercial (RC). The property to the north is zoned Mixed Use – Neighborhood (MU-N) and the one to the south is zoned Commercial-One (C-1). There is a general mix of business/retail along Wadsworth with
residential behind along the adjacent blocks, including the west side. Applicant/Owner Preliminary Proposal: The applicant intends to rezone the property from RC to MU-N to support a greater number of uses that are more characteristic of the Wadsworth corridor. The
property is currently under contract to be sold to a buyer interested in repurposing the existing building
for a furniture repair and upholstery business, which is prohibited in RC but allowed in MU-N.
The following is a summary of the neighborhood meeting:
• The applicant and staff gave introductions. Staff explained the rezoning process.
• One (1) member of the public was in attendance. The following issues were discussed regarding the SUP request:
• The member of the public had no objections to the proposal and attended to keep up with what is going on in the neighborhood. They see the corridor continuing to change and other properties zoned for mixed use.
Staff received no comment from others in the area regarding the proposal.
EXHIBIT 4: NEIGHBORHOOD MEETING
Planning Commission 12 Case No. WZ-22-02 / 4501 Wadsworth Rezone
The following in an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 5: COMPREHENSIVE PLAN
Subject Property
Primary Commercial Corridor
(Wadsworth Boulevard)
Planning Commission 13 Case No. WZ-22-02 / 4501 Wadsworth Rezone
EXHIBIT 6: SITE PHOTO
View of the subject property looking west from Wadsworth Blvd. (Source: Google Maps, November 2021)
ATTACHMENT 3
ITEM NO: 4
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 05-2022 – AN ORDINANCE AMENDING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SMALL CELL CMRS FACILITIES
PUBLIC HEARING ORDINANCES FOR 1ST READING (04/25/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/23/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ _____________________________________ City Attorney City Manager 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. PRIOR ACTION:
Several years ago, City Council reviewed and adopted Ordinance 1621 which updated the commercial mobile radio service (CMRS) regulations related to small cell and which became effective June 12, 2017. Planning Commission reviewed the proposed ordinance at a public hearing on April 7, 2022 and
recommended approval. Meeting minutes from the Planning Commission hearing are enclosed. City Council approved this ordinance on first reading on April 25, 2022. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 8 to 0.
Council Action Form – Small Cell May 23, 2022
Page 2
FINANCIAL IMPACT: None
BACKGROUND:
Current Code Commercial mobile radio service (CMRS) refers to the suite of facilities that allow mobile phone service; this includes freestanding towers, roof mounted antennae, and wall mounted
facilities which collective are sometimes referred to as cell facilities.
The term CMRS originates from federal legislation. Since the 1996 adoption of the Federal Telecommunications Act, both the federal and state governments have placed some limitations on the manner in which local governments regulate the installation of CMRS
facilities. For this reason, CMRS facilities are permitted in the City, but local code
establishes reasonable design standards. Small cell facilities are smaller CMRS facilities that help expand and enhance cellular networks ensuring coverage across a community. During the 2017 legislative session, the
Colorado Legislature adopted and the governor signed, House Bill 17-1193 pertaining to
small cell infrastructure. As it pertains to local governments, the bill did two significant things: 1. Made small cell facilities a use-by-right in all zoning districts; and
2. Allowed small cell facilities to locate in public rights-of-way (ROW) and on utility
and traffic signal poles in those locations, and in public utility easements, with some limitations and subject to City review and approval. The bill also established expedited permitting deadlines. Essentially, the bill ensures that
broadband providers benefit from access to right-of-way locations in the same way as
telecommunication providers. Subsequent to the adoption of the state law, the Planning Commission and City Council reviewed and adopted Ordinance 1621 (effective June 12, 2017) which updated the CMRS
regulations in Section 26-615 establishing subsection H specific to small cell. The code:
• defines small cell CMRS facilities,
• complies with state law allowing small cell facilities in all zone districts and within right-of-way,
• requires a right-of-way permit,
• establishes certain location parameters including a 1,000-foot spacing requirement,
• regulates the design of small cell facilities, and
• establishes a location priority list to guide the placement of small cell facilities. There has not been a proliferation of small cell facilities in Wheat Ridge. From 2017 to present, only 7 small cell applications have been submitted. All 7 were approved, and only 4
Council Action Form – Small Cell May 23, 2022
Page 3
have been installed; 3 of those are completed and one pole has been adapted to accommodate small cell but no facilities have been mounted.
Proposed Code Amendment In 2021, public comments to City Council expressed concerns over utility work taking place in a neighborhood in east Wheat Ridge. Originally, there were concerns that a small cell facility would be installed in the right-of-way in front of a residential yard. Ultimately, no
such pole was being installed. (Concerns were articulated about 5G poles specifically. It is
important to note that small cell facilities are used to transmit wireless technology which currently includes 4G and 5G radio frequencies depending on the carrier. State law and City code define small cell more broadly and are not specific to the 5G network.)
The intent of this code amendment is, in part, to respond to the public’s concerns by adding
more specific placement requirements. To that end, the proposed ordinance specifies: “Small cell facilities shall be located on common property lines, as extended into the right of way, to the extent feasible.” This would preclude a small cell monopole from being located adjacent to the middle of a front yard; instead, it would have to be located adjacent to the corner of the
lot.
Staff is recommending a few additional revisions based on lessons learned from having processed applications over the last 5 years:
• A building permit requirement is being codified which allows electrical inspection of small cell facilities.
• Applicants will be required to explain why
they have proposed a specific location.
• The code will now specify it is the City (not the applicant) who determines similar heights, appropriate design, and color.
Many of these provisions are already being implemented but having a code basis would be more appropriate. By way of example, the image at right shows a small cell facility installed near 32nd and
Balsam in 2020. It accommodates a streetlight and
small cell, is painted black for consistency with other right-of-way facilities, and is located at a shared property line.
Planning Commission requested staff to study whether or not the code could include a
hierarchy of permissible locations. This request was in response to public comment at the Planning Commission meeting which requested that small cell facilities first be considered on arterial and collector streets before locating them on local streets. Small cell facilities are
Council Action Form – Small Cell May 23, 2022
Page 4
proposed in locations where network coverage is lacking and needs to be augmented. Many times the location of small cell facilities is related to customer complaints about coverage
gaps or in response to new development (and therein new residents or customers needing
service). This issue has been studied by staff and the City Attorney. City code cannot preclude providers from locating small cell facilities on local streets, but additional justification can be requested, such as a map or letter from a radiofrequency (RF) engineer, which illustrates or explains how the proposed location addresses a specific gap in coverage.
If Council would like to codify such requirement, staff would recommend the following addition to Section 2 of the proposed ordinance. Subsection 26-615.H.2.a would be amended by the addition of a last sentence in the subsection, to read:
THE PROPOSED LOCATION AND POLE TYPE SHALL BE JUSTIFIED IN THE
PERMIT APPLICATION. IN ADDITION, FOR FACILITIES PROPOSED TO BE LOCATED IN THE RIGHT-OF-WAY OF A LOCAL STREET AS CLASSIFIED BY THE CITY ENGINEER, THE APPLICATION SHALL INCLUDE A MAP AND/OR LETTER JUSTIFYING THE NEED TO LOCATE ON A LOCAL
STREET AS OPPOSED TO A STREET WITH A DIFFERENT CLASSIFICATION. The recommended motion includes this update to the ordinance.
RECOMMENDATIONS:
Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 05-2022, an ordinance amending Section 26-615 of the
Wheat Ridge Code of Laws concerning small cell CMRS facilities, on second reading, with the
amendment to Code subsection 26-615.H.2.a recommended by staff, and that it take effect 15 days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 05-2022, an ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Jerry Dahl, City Attorney Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager
Council Action Form – Small Cell May 23, 2022
Page 5
ATTACHMENTS: 1. Council Bill No. 05-2022
2. Planning Commission Meeting Minutes (04/07/2022)
3. Small cell facilities informational handout
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER WEAVER COUNCIL BILL NO. 05
ORDINANCE NO. 1734 Series 2022 TITLE: AN ORDINANCE AMENDING SECTION 26-615 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING CMRS FACILITIES
WHEREAS, the City of Wheat Ridge, Colorado, 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. § 31-23-101, the City, acting through its City Council is authorized to adopt ordinances for the protection of the
public health, safety or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted Section 26-615 of the Wheat Ridge Code of Laws concerning commercial mobile radio service (CMRS) facilities; and
WHEREAS, the Council wishes to amend Section 26-615 to more fully govern
the design and placement of small cell CMRS facilities, including their placement on street rights-of-way.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Code of Laws Section 26-615.C.1.f concerning the review procedure
for CMRS facilities is amended to read:
f. Small cell CMRS facilities and networks in public rights-of-way and easements shall be reviewed by the COMMUNITY DEVELOPMENT DEPARTMENT AND SHALL REQUIRE A BUILDING PERMIT. ADDITIONALLY, SUCH FACILITIES SHALL BE REVIEWED BY the
public works department and shall require a permit under section 21-101, et. seq.
Section 2. Code of Laws Section 26-615.H.2, subsections a, b, c, d, and e, concerning requirements for placement of small cell CMRS facilities in public rights of way, is amended to read:
H. Standards for small cell facilities and networks.
[…]
2. Applicable requirements in public rights-of-way. Small cell facilities and small cell networks in public rights-of-way shall comply in all respects with the following requirements:
ATTACHMENT 1
a. Location. Small cell facilities are permitted in city rights-of-way, upon facilities in these rights-of-way and on public easements owned by the city under the following priority:
(1) First, on a city-owned utility pole, which shall be removed and replaced
with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the city.
(2) Second, a city-owned utility pole with attachment of the small call
facilities in a configuration approved by the city.
(3) Third, on a third-party owned utility pole, (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the city.
(4) Fourth, on a traffic signal pole or mast arm in a configuration approved
by the city, or in the case of a CDOT facility, by CDOT.
(5) Fifth, on a freestanding or ground-mounted facility which meets the definition of and requirements for an alternative tower structure in a location and configuration approved by the city.
THE PROPOSED LOCATION AND POLE TYPE SHALL BE JUSTIFIED
IN THE PERMIT APPLICATION.
b. Height. All small cell facilities shall not exceed three (3) feet above the light pole, traffic signal or other facility or structure to which they are attached, or the maximum height in the relevant zone district, whichever is less. When new utility poles are proposed as an alternative tower, their
height shall be similar to existing utility/light poles in the vicinity, AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR.
c. Spacing AND PLACEMENT. No small cell facility shall be located within one thousand feet (1000 ft) of any other such facility. SMALL CELL FACILITIES SHALL BE LOCATED ON COMMON PROPERTY LINES, AS
EXTENTED INTO THE RIGHT OF WAY, TO THE EXTENT FEASIBLE.
d. Design. Small cell facilities shall be designed to blend with and be camouflaged in relation to the structure upon which they are located (e.g.: painted to match the structure or same material and color as adjacent OR CITY-STANDARD utility poles). THE FINAL DESIGN AND COLOR
SHALL BE SUBJECT TO APPROVAL BY THE CITY.
e. Permitting. Small cell facilities and networks shall make application for a permit for work in the right-of-way under code section 21-11, et. seq., and for location and maintenance of such facility shall make application for a permit for use of the public right of way under code section 21-101, et seq.
IN ADDITION, ALL SMALL CELLS AND NETWORKS IN THE RIGHT-OF-WAY MUST MAKE APPLICATION FOR A BUILDING PERMIT. PRIOR TO SUCH APPLICATION, THE APPLICANT SHALL FIRST CONFIRM WITH THE COMMUNITY DEVELOPMENT DEPARTMENT THAT THE
LOCATION IS ELIGIBLE. Small cell facilities and networks shall make application for location on private property through the building permit process. The city may accept applications for a small cell network, provided
each small cell facility shall be separately reviewed.
Section 3. 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 4. 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 8 to 0 on
this 25th day of April, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, May 23, 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 23rd 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 E. Dahl, City Attorney
First Publication: April 28, 2022 Second Publication: May 26, 2022 Jeffco Transcript
Effective Date: June 10, 2022
Planning Commission Minutes - 1 –April 7, 2022
PLANNING COMMISSION Minutes of Meeting April 7, 2022
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair ANTOL at 7:00 p.m. This meeting was held inperson and virtually, using Zoom video-teleconferencing technology. As duly announcedand publicly noticed, the City previously approved this meeting format in order to
continue with normal business amid the COVID-19 pandemic and the related publicemergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol Kristine Disney Jerry DiTullio
Daniel Larson Janet Leo Jonathan Schelke Julianne Stern
Commission Members Absent: Will Kerns
Staff Members Present: Lauren Mikulak, Planning Manager
Scott Cutler, Senior Planner Rocky Macsalka, Civil Engineer II Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner DITULLIO and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 7-0.
5.APPROVAL OF MINUTES – March 17, 2022
ATTACHMENT 2
Planning Commission Minutes - 7 –April 7, 2022
2.The developer shall enter into a Subdivision Improvement Agreementand a Lot Sale Restriction Covenant Agreement with the City at the
time of recordation of the subdivision plat.3.Minor plat typography and notes corrections per the EngineeringDivision shall be made prior to recordation of the plat.
Motion carried 7-0.
C.Case No. ZOA-22-01: an ordinance amending section 26-615 of the Wheat RidgeCode of Laws concerning small cell CMRS facilities.
Ms. Mikulak gave a short presentation regarding the ordinance.
In response to a question from Commissioner DISNEY, Ms. Mikulak clarified thestatement on page 2 of the staff report that the larger umbrella term of “small cell”includes 5G.
Commissioner DISNEY also asked why these small cell facilities have to be
installed in residential communities.
Ms. Mikulak explained that it is State law makes it a use by right in any zonedistrict and local jurisdictions cannot change that provision. She added the city can
dictate what facilities look like, how tall they are, and separations, but not where
they are located.
Commissioner LARSON inquired about what exactly is being added to the Code.
Ms. Mikulak noted that changes in the ordinance are denoted by capital letter
formatting and clarified that additions include the requirement for the buildingpermit, the request for written justification, and certain provisions related tolocation, height, placement, and design.
Commissioner DITULLIO asked for confirmation of the Community Development
Director as being the final decision maker and not City Council.
Ms. Mikulak confirmed this to be true; state law prescribes this is an administrativeapproval not something to be reviewed as a discretionary approval by City Council.
Best practice in code writing is to identify the individual responsible at the City for
approval which in this case is the Community Development Director or theirdesignee. The purpose in clarifying the role of the Director is to clarify that it’s adecision of the City not the applicant.
In response to a question from Commissioner LARSON, Ms. Mikulak and Mr.
Cutler explained there has been no push back from cell phone carriers about thisamendment and mentioned there have only been 4 poles installed in the city so far.
Planning Commission Minutes - 8 – April 7, 2022
Ms. Mikulak added that the intent is to have the facilities blend in with other utility poles in the area.
Commissioner SCHELKE wanted confirmation that the city has no control of where a 5G facility can be placed. Ms. Mikulak confirmed this to be true.
Public Comment Timothy Burnett, resident 6995 West 33rd Avenue
Mr. Burnett is very appreciative to all the staff he has talked to but is concerned that the ordinance does not go far enough. He expressed concerns about future proliferation of the new technology and would like to see the code establish a hierarchy of streets where these facilities can be placed. He also asked if these
facilities can be placed on existing utility poles.
Valerie Cardenas, resident 3775 Jay Street
Ms. Cardenas mentioned she works in the industry. She explained that the
facilities are placed where there are gaps in cell service due to capacity issues or complaints. Commissioner ANTOL closed the public comment.
Commissioner DITULLIO is troubled by the state making this a matter of statewide concern and limiting local control, and he would like to see a balance. He inquired if there could be a hierarchy of placement added to the code requiring small cell providers look at larger streets before local streets. He asked if it could
be included as a recommendation.
Ms. Mikulak mentioned it would be a question for the City Attorney which could be explored before the City Council hearing.
Commissioner SCHELKE noted that those on larger streets may not want small
cell facilities either. Commissioner ANTOL asked if it is feasible to have several different companies on the same street with the 1000ft separation.
Ms. Mikulak confirmed that with the separation there is unlikely to be more than one facility per block. Facilities do not advertise which carrier they are for and design standards make them more uniform regardless of carrier.
Planning Commission Minutes - 9 – April 7, 2022
It was moved by Commissioner DITULLIO and seconded by Commissioner
DISNEY to recommend APPROVAL of the proposed ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities and further move that staff have a discussion with the City Attorney about the possibility of a codifying a hierarchy of preferred locations for these types of facilities.
Motion carried 7-0. 8. NEW BUSINESS
A. Upcoming Dates
Ms. Mikulak mentioned there will not be a May 5 Planning Commission meeting but expect to have a meeting on May 19.
B. Project and Development Updates
Ms. Mikulak said there is no update on Lucky’s, but mentioned the timing of the Wadsworth construction may impact the timing of fillin the space.
Mr. Cutler said the new building in the Sprouts parking lot will be two tenants,
likely retail or service space, not restaurants. He added that there are some active building permits in the Gold’s Marketplace and there was excitement for the new tenants.
There was also discussion about the formatting of the voting board. 9. OLD BUSINESS
10. ADJOURNMENT It was moved by Commissioner LARSON and seconded by Commissioner LEO to adjourn the meeting at 8:39 p.m. Motion carried 6-0.
__________________________ _______________________________ Melissa Antol, Chair Tammy Odean, Recording Secretary
SMALL CELL FACILITIES
What is a small cell facility?
Rev. 05/2022
A small cell facility is a type of Commercial Mobile Radio Service (CMRS) which allows mobile phone service through a network of facilities. Small cell facilities are smaller in size than a typical cell tower or roof-mounted facility, and they help to extend wireless networks. The image to the right shows a typical small cell facility in a residential area in Wheat Ridge.
ZONING CODE REGULATIONS
Resources & Questionsll in-ground pools, above-
Please contact the Community Development Department with any questions regarding these regulations. You may also contact the Public Works Department to inquire about any work occuring in the right-of-way or with any questions regarding right-of-way permits.
Community Development Department
Phone: 303-235-2846
Public Works Department
Phone: 303-205-7615
How are small cell facilities regulated?
Since 2017, Colorado state law has required that local
jurisdictions allow small cell facilities in all zone districts
and in the City right-of-way (ROW). Federal and state
governments have placed limitations on the manner in
which local governments can regulate CMRS facilities
including small cell. This ensures that wireless providers
benefit from access to the ROW in the same way as
traditional telecommunications and electrical providers.
The City regulates and can require:
•Right-of-way and building permits
•Spacing of 1,000 feet between each facility
•Placement on common property lines to prevent
facilities from being constructed adjacent to the middle
of a property’s front yard
•Design requirements including height and color of
facility
•Justification of proposed location
The City cannot:
•Prevent some or all small cell facilities within the City
•Prevent a facility from being installed that meets all
spacing, location, and design requirements
•Prevent a facility from being installed in a certain zone
district or neighborhood street if it otherwise meets the
code requirements
•Make requirements so difficult to meet that facilities
are essentially prohibited
From late 2017 to early 2022, only seven small cell poles
have been approved and only four have been installed. New
small cell facilities are most often proposed for two reasons:
either customers have service complaints in a certain area
or new development results in new customers/residents and
therein create more demand for service.
The placement of small cell facilities are directly related
to the location of the complaints or new development to
complement the provider’s existing network.
Why have small cell?
ATTACHMENT 3
ITEM NO: 5
DATE: May 23, 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.
City Council approved this ordinance on first reading on May 9, 2022. A motion was made by
Councilmember Stites and seconded by Councilmember Ohm and was approved by a vote of 7 to 0.
CAF – Chronic Nuisance Properties May 23, 2022
Page 2
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 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 second reading, 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
CAF – Chronic Nuisance Properties May 23, 2022
Page 3
Jerry Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 08-2022
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 08
ORDINANCE NO. 1737 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 7 to 0 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: May 26, 2022 Jeffco Transcript Effective Date: June 10, 2022
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 6
DATE: May 23, 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.
City Council approved this ordinance on first reading on May 9, 2022. A motion was made by
Councilmember Stites and seconded by Councilmember Hutchinson and was approved by a vote of 7 to 0.
FINANCIAL IMPACT: There is no direct financial impact to the City in approving this ordinance.
CAF – Vehicular Public Nuisances. May 23, 2022
Page 2
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, 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 second reading, 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
CAF – Vehicular Public Nuisances. May 23, 2022
Page 3
Chris Murtha, Police Chief Patrick Goff, City Manager
Jerry Dahl, City Attorney
ATTACHMENTS: 1. Council Bill No. 07-2022
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 07
ORDINANCE NO. 1738 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 7 to 0 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: May 26, 2022 Jeffco Transcript Effective Date: June 10, 2022 Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 7
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE RECEIPT OF AN IN-KIND
DONATION FROM CTP DISC, LLC TO CONSTRUCT A DISC
GOLF COURSE AT FRUITDALE PARK AND ALLOW NAMING RIGHTS OF THE COURSE FOR A LIMITED 3-YEAR TERM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
__________________________ ______________________________
Parks & Recreation Director City Manager ISSUE: Closest to The Pin (CTP) wishes to provide a donation valued at $12,000 to construct a disc golf
course at Fruitdale Park. The City currently does not provide amenities for disc golf play. CTP
has designed a course and will manage and coordinate the construction project. The City has provided specifications for construction and inspections would be conducted by City staff to ensure quality construction and compliance with standards.
CTP wishes to have rights to name the course with the name of their organization. Under this
agreement and with the recommendation from the Parks & Recreation Commission, the City will allow naming of the course for 3 years. Approval of a 2/3 majority of City Council is required to approve the naming of a Parks and Recreation park or facility
PRIOR ACTION:
Department staff discussed this topic several times with the Parks & Recreation Commission.
CAF – Donation Acceptance & Naming of Disc Golf at Fruitdale Park May 23, 2022
Page 2
The Commission officially recommended the approval of the naming detailed in the attached agreement during their meeting on April 20, 2022.
FINANCIAL IMPACT: The financial impact for ownership and maintenance of this course totals $5,350 for year one. Staff expects this cost will increase by an average of 3% each year.
BACKGROUND:
The City was approached by CTP Disc, LLC with the idea to install a disc golf course somewhere on City property. After careful review of potential locations, Fruitdale Park was identified as an ideal location. Fruitdale Park currently does not provide amenities for organized athletics. There are large areas of the park that are “inactive”. City staff recognize there would be
benefits to activating the additional space that is mostly unused and a disc golf course would
maximize the extent and usability of the property. Construction consists of installation of a hard surface for the tee box, and a hole or pin. There will be a total of 9 tee boxes and pins installed. Under the proposed Donation Agreement, the
City will provide support for the course by means of annual routine maintenance, and provide
corrective maintenance in the case of damage, failure, or vandalism. The appurtenances of the disc golf course will belong to the City and the City will maintain all responsibility for the equipment.
RECOMMENDATIONS:
The Let’s Talk Wheat Ridge program engaged and polled the Fruitdale Park community to gauge approval and interest level. This initiative received an approval rating of 61%, 18% neutral, 18% opposed, and 3% undecided.
Staff recommends accepting the donation and subsequent construction of the Fruitdale Park disc
golf course, with a total value of $12,000 that provides naming rights to CTP Disc, LLC for a term of 3 years. RECOMMENDED MOTION:
“I move to approve the receipt of an in-kind donation from CTP Disc, LLC to construct a disc
golf course and allow naming rights of the course for a limited 3-year term.” Or,
“I move to deny the receipt of an in-kind donation from CTP Disc, LLC to construct a disc golf
course and allow naming rights of the course for a limited 3-year term, for the following reason(s): ________________________________________________________________.” REPORT PREPARED/REVIEWED BY:
Zachary Lovato, Parks, Forestry, and Open Space Manager
Karen O’Donnell, Director of Parks and Recreation
CAF – Donation Acceptance & Naming of Disc Golf at Fruitdale Park May 23, 2022
Page 3
Patrick Goff, City Manager
ATTACHMENTS:
1. Fruitdale Disc Golf Agreement 2. Policy for Naming Parks and Facilities 3. Let’s Talk Wheat Ridge Fruitdale Disc Golf Course Summary and Results
FACILITY DONATION AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") is entered into as of the day of
May 2022, by and between CTP Disc, LLC, a Colorado limited liability company whose address
is 4885 Marshall St., Unit 105, Wheat Ridge, Colorado 80033 (hereinafter "Grantor"), and the City of Wheat Ridge whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (hereinafter the “City"), together referred to herein as the "Parties," and separately as a “Party.”
WITNESSETH:
WHEREAS, the City owns real property described as Fruitdale Park at 4700 Miller St.,
City of Wheat Ridge, County of Jefferson, State of Colorado (hereinafter the “Property"); and
WHEREAS, the Grantor wishes to donate and install, and the City is willing accept the donation and to permit Grantor to install, a disc golf course upon a portion of the Property in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises, their mutual covenants and
promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Permission to Install and Name Facility
The City hereby grants to the Grantor permission to construct and donate to the City a disc
golf course (the “Facility”) over and across portions of the Property, shown on the attached Exhibit 1 as "Proposed Disc Golf Course Layout," for purposes of bringing materials and equipment, including motorized equipment, to the Property and for construction of the Facility. As a part of its construction of the Facility, the Grantor shall restore any area within or around Fruitdale Park, including the area of the temporary construction, which has been damaged or disturbed by such
activity to a condition substantially the same as that existing on the date prior to commencement
of such activity. The Parties agree that upon completion of construction and acceptance by the City, the Facility shall be named CTP Disc Golf Course at Fruitdale Park (the “Facility Name”) and shall be referenced as such in all publications and on all signage for a period of three (3)years, after which the Parties agree the City’s cost of maintaining the Facility shall have
equaled the cost of its construction, and the City may choose thereafter to change or remove the
Facility Name.
2. Grantor’s Obligations.
a. The Grantor shall have the sole responsibility and cost to install the Facility in accordance with the City’s Standard Operating Procedures and Best Management
Practices within the requirements of this Agreement, and under the City’s supervision. The
Grantor shall install the Facility in accordance with these specifications, and in the absence of such specifications will default to standard construction practices as authorized by the City.
b. The cost of all Facility construction, including utility locates and site
preparation, installation of appurtenances, site improvements, and any necessary associated
ATTACHMENT 1
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and/or all capital improvements shall be the sole responsibility of the Grantor.
c. The Grantor shall provide the City with all data and drawings pursuant to
the project buildout and development of the Facility and/or by any contractor responsible for
construction and installation of the Project or a part thereof. The Grantor shall also provide the City with copies of all warranties, documents and information relating thereto and any other documents that define the Facility's operating requirements.
3. Limitations on Use of the Property
a. The Grantor may make no use of the Property other than to install the Facility as expressly permitted by this Agreement.
b. Notwithstanding the foregoing, the Grantor may use the existing sign box to display the Facility information, including but not limited to the Facility Name, a recognition of donors, and a course map. The Grantor shall have access, through the City to
the sign box to change or update the Facility information as needed and to post special disco
golf or CTP Disc, LLC related events and activities. 4. Rights and Obligations of the City
The City shall be responsible for all general landscape maintenance activities in and
adjacent to the Facility. In order to provide for better play in the natural area of the park, the City
shall maintain all native and natural grass areas to a maximum height of 8”. Notwithstanding anything in this Agreement to the contrary, upon completion of construction and acceptancy by the City, the Facility shall be wholly-owned by the City. The City shall thereafter be exclusively responsible for the operation and maintenance thereof, and Grantor shall have no interest therein
or control thereof. Notwithstanding the foregoing, if the City removes or intends to remove the
Facility within the first three years after the completion of construction and acceptance by the City, the Grantor shall be entitled to the return of all donated equipment, including but not limited to the baskets.
5. Effective Date; Termination
a. This Agreement shall be effective upon execution and shall govern the
rights and obligations of the parties until the Facility has been installed and accepted by the City, upon which date the Agreement shall terminate, provided, however, the Parties’ insurance and indemnification obligations in Paragraph 7 shall survive.
b. The City retains the right to terminate this Agreement at any time prior to
completion of the installation of the Facility. At any such time, the Grantor agrees to remove
and retain all portions of the Facility and repair the site to condition previous to the initial installation.
6. Relationship of Parties.
Nothing contained in this Agreement is intended to or shall create a contractual relationship
with cause of action in favor of, or claim for relief for, any third party. Absolutely no third-party
beneficiaries are intended by this Agreement. Any third party receiving a benefit from this Agreement is an incidental and unintended beneficiary only.
-3-
7. Insurance; Indemnity; No Waiver of Governmental Immunity.
a. Each Party shall be liable for any and all claims and suits arising out of the
actions or omissions by such Party, its agents, employees, or assigns. Within the limitations
of the Colorado Constitution and statutes, the Parties agree to indemnify, defend, and hold the other Party harmless from any claim, loss, or damage to the Property and any personal property thereon, arising out of, or in connection with, any claim, loss, or damage resulting from any act or omission of the indemnifying Party.
b. Grantor shall maintain general liability insurance with limits of $2,000,000 aggregate and $1,000,000 per occurrence during the term of and as a condition of effectiveness of this Agreement, which policy shall name the City as an additional primary insured.
c. Nothing in this Agreement is intended to waive any protection afforded to
the City, its officials, employees, and agents by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101 et seq. or any other applicable law providing immunity to the City, its officials, employees, and agents. No waiver or any immunity or limitation of liability afforded by State or Federal law is intended by the City, and the City retains all such immunities and limitations of liability.
8. Notices.
Any notices required or permitted hereunder shall be in writing and delivered either in person to the other Party or the other Party’s authorized agent, or by U.S. certified mail, return receipt requested, postage fully prepaid, to the addresses set forth below, or to such other addresses as either Party may designate in writing and deliver as herein provided. Notices shall be deemed
as having been given upon personal delivery or three (3) days after deposit in the U.S. Mail.
If to Grantor: CTP Disc, LLC 4885 Marshall St., Unit 105 Wheat Ridge, Colorado 80033
If to the City: Parks & Recreation Director
City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033
9. Controlling Law; Venue; Severability.
The terms and provisions of this Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado. Venue shall be proper and exclusive in the Jefferson County District Court. In the event either Party commences an action to enforce its rights hereunder or to enjoin any violation of the terms and provisions hereof or seeks specific performance of or otherwise implement the provisions of this Agreement, the prevailing Party in such action shall be
entitled to receive its attorney’s fees and other costs of suit incurred in such action. Neither Party
shall be entitled to claim or receive any form of damages, including without limitation actual, compensatory, punitive, and economic, including lost profits.
-4-
10. Designated Representative.
The Grantor and the City shall each designate a representative ("Designated
Representative") to act on its behalf in overseeing the performance of this Agreement. The Grantor
and the City may change their respective Designated Representatives upon written notice to the other party given as provided in this Agreement. Designated Representatives shall be the primary means for communication and all other interactions between the Grantor and the City that are required under this Agreement. Designated Representatives shall have the power and authority to
bind their respective principals under the terms of this Agreement, with any required internal organizational approvals with respect to such authority being the responsibility of each representative to obtain from his or her principal.
11. Binding Effect; Severability.
This Agreement shall be binding upon the respective legal representatives, heirs, executors,
administrators, successors and assigns of the Parties. The above and foregoing constitutes the
whole agreement between the Parties and no additional or different oral representation, promise or agreement shall be binding on the Parties with respect to the subject matter of this Agreement. To the extent a portion of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable the remaining portion hereof shall not be affected.
MADE AND ENTERED into as of the day and year first set forth above.
GRANTOR:
By: Name: Barry Jennings Title: Co-Owner
STATE OF COLORADO ) )ss. County of Jefferson )
The foregoing instrument was acknowledged before me this day of
2022 by as [title] of [name of Grantor] .
seal
Notary Public My commission expires:
-5-
CITY OF WHEAT RIDGE, COLORADO
By:
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
STATE OF COLORADO ) ) ss. County of Jefferson )
The foregoing instrument was acknowledged before me this day of _ 2021 by Bud Starker as Mayor and Stephen Kirkpatrick as City Clerk of the City of Wheat Ridge,
Colorado.
SEAL
Notary Public
My commission expires:
-6-
Exhibit 1
Diagram of Disc Golf Course Layout
Link to Google Map for Course Layout
-7-
ATTACHMENT 2
Let’s Talk Resident Feedback As part of the City’s Let’s Talk Resident Engagement Program, City staff asked residents in Fruitdale to share their thoughts on a potential disc golf course at Fruitdale Park. Residents provided their feedback through an online survey and at a program open house. Overall, 49
Fruitdale residents participated. The pie chart below depicts resident feedback on their level of support for building a disc golf course at Fruitdale Park. Participants were also given the opportunity to provide comments to explain their level of support. That information is captured below under Resident Comments. Level of Support Feedback
What’s your opinion of building a disc golf course at Fruitdale Park?
Resident Comments
Residents who commented on this topic through the survey or at the open house voiced varied opinions. Some support the addition of a disc golf course at Fruitdale Park either because they are interested in using it or because they believe it will positively contribute to overall safety at the park by activating empty space. Others oppose building the disc golf course because they aren’t interested in using this amenity or because they don’t feel that Fruitdale Park is an
appropriate location for the course. A few respondents mentioned other amenities or improvements they would rather see at Fruitdale Park or generally in Wheat Ridge parks, including a skate park, a bike skills park, improved landscaping, and additional trails. Quote from an Fruitdale Survey Respondent
“This seems like a great idea as there is already a group willing to pay for it. [It] will be great for
kids in the area and will draw more people to the park which will hopefully cut down on crime.”
ATTACHMENT 3
ITEM NO: 8
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 26-2022 – A RESOLUTION OF DENIAL
OF COUNCIL BILL 02-2022, AN ORDINANCE APPROVING
THE REZONING OF PROPERTY AT 7585 W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_________________________________ City Attorney ISSUE:
This Resolution creates a record of denial of the application of Hartwood LLC for a zone change from restricted commercial (R-C) to planned residential development (PRD) for property located at 7585 W. 32nd Avenue. PRIOR ACTION:
The application was set for public hearing on April 25, 2022; however a legal protest was received pursuant to Code Section 26-112.C.7. This resulted in the automatic continuation of the public hearing to May 9, 2022. After conducting the hearing on May 9, the motion to approve the application failed to achieve the requisite six votes in favor and thus the application was not approved. The Council thereupon voted to deny the application and directed the City Attorney to
prepare a resolution of denial to be scheduled for Council consideration at the next available regular business meeting. FINANCIAL IMPACT: None
CAF – Resolution of Denial for 7585 W. 32nd Avenue Zone Change May 23, 2022
Page 2
BACKGROUND: Hartwood LLC applied for a zone change from restricted commercial (R-C) to planned residential
development (PRD) for property located at 7585 W. 32nd Avenue. Because of the existence of a
valid legal protest pursuant to the City's Charter Section 5.10 and Code Section 26–112.C, approval of the application required the affirmative vote of six (6) members of the City Council. Code Section 26-112.C.6 provides, in part: “The city council shall approve, approve with conditions, or deny the [rezoning] application.” Accordingly, passage of a motion to accomplish one of these
actions is required by the Code, and because the motion to approve failed, final action by the
Council is still required. The Resolution provides that action. RECOMMENDATION: To fully document the denial of the application in compliance with Section 26-112, the
City Attorney asks the Council to approve the Resolution.
RECOMMENDED MOTION: “I move to approve Resolution No. 26-2022, a Resolution of Denial of Council Bill 02-2022, an Ordinance approving the rezoning of property at 7585 W. 32nd Avenue from
Restricted-Commercial (R-C) to Planned Residential Development (PRD).”
REPORT PREPARED BY; Gerald Dahl, City Attorney
ATTACHMENTS:
1. Resolution No. 26-2022
CITY OF WHEAT RIDGE RESOLUTION NO. 26 Series of 2022
TITLE: A RESOLUTION OF DENIAL OF COUNCIL BILL 02-2022, AN
ORDINANCE APPROVING THE REZONING OF PROPERTY AT 7585
W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by its electors and governed by its City Council; and
WHEREAS, the City Council has enacted regulations for the regulation of land use development at Chapter 26 of the Code of Laws; and
WHEREAS, pursuant to Code of Laws Section 26-112, Hartwood LLC has applied for a zone change from restricted commercial (R-C) to planned residential development (PRD) for property located at 7585 W. 32nd Avenue; and
WHEREAS, the application was set for public hearing on April 25, 2022 before the City Council, however a legal protest was received and pursuant to Code Section 26–112.C.7.b this resulted in the automatic continuation of the public hearing to the next regular City Council meeting on May 9, 2022; and
WHEREAS, the City Council conducted the required public hearing on the
application on May 9, 2022; and
WHEREAS, because of the existence of a valid legal protest pursuant to the City's Charter Section 5.10 and Code Section 26–112.C, approval of the application required the affirmative vote of six (6) members of the City Council; and
WHEREAS, at the conclusion of the public hearing the motion to approve the
application failed to achieve the requisite six votes in favor and thus the application was not approved; and
WHEREAS, the Council thereupon voted to deny the application and directed the City Attorney to prepare a resolution of denial to be scheduled for Council consideration at the next available regular business meeting.
NOW THEREFORE BET IT RESOLVED, by the Wheat Ridge City Council:
Section 1. Recitals incorporated. The foregoing recitals are fully incorporated herein by this reference.
ATTACHMENT 1
Section 2. Application denied. The City Council hereby denies Council Bill 02-2022, an ordinance approving an application for rezoning of property located at 7585 W. 32nd Avenue from restricted commercial (R-C) to planned residential development
(PRD), based upon the testimony of members of the public in attendance at the May 9,
2022 public hearing, the potential adverse effects of the proposed development upon traffic circulation and safety, pedestrian safety, air and water quality, the impact upon the surrounding residential neighborhood of the proposed residential density of the project, and the comments of the Council members voting not in favor of the project, all as
contained in the hearing record.
Section 3. Effective date. This Resolution shall be effective upon passage.
DONE AND RESOLVED this _____ day of ____________, 2022
____________________________
Bud Starker, Mayor
ATTEST:
______________________________
Stephen Kirkpatrick, City Clerk
ITEM NO: 9
DATE: May 23, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $500,000
AND APPROVING AN AGREEMENT WITH FAMILY TREE
FOR HOUSING NAVIGATION ASSISTANCE AND CASE MANAGEMENT SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager 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. Consensus was received by City Council to contribute $500,000 to Family Tree to assist the City with housing navigation and assistance and case management services for those persons experiencing homelessness or at threat of
becoming homeless. PRIOR ACTION: During the October 25, 2021 City Council meeting, Council passed Council Bill No. 18-2021, an
ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article
XIV entitled Hotel Licenses and in connection therewith, adding reference to Extended Stay Lodging in Chapter 26 use schedules. This ordinance created a licensing program for hotels and
Council Action Form – Family Tree Agreement and Budget Supplemental May 23, 2022
Page 2
requires minimal amenities to provide safe and healthy environments for persons relying upon short-term and extended stay housing in Wheat Ridge. The extended stay portion of this ordinance goes
into effect on September 30, 2022, meaning that long-term guests can no longer reside in a hotel for
more than 29 days in a row if that hotel does not have an extended stay license. During the April 4, 2022 Study Session, City Council provided consensus to move forward with funding for Fiscal Year 2022 which included a one-year partnership with Family Tree to specifically
address extended stay guests of Wheat Ridge motels with housing navigation services, rent and
security deposit assistance and 4-6 months of case management services. FINANCIAL IMPACT: As discussed on April 4, 2022, the City will receive a total of $7,873,279.72 in funds from ARPA to
address the impacts of the pandemic. The City received the first 50% of its allocation in June 2021
and will receive the remaining $3.9 million in June 2022. The purpose of the funding is to:
• Fight the pandemic and support families and businesses struggling with its public health and economic impacts,
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
U.S. Treasury Department guidance will allow the City to accept its full allocation as a contribution
towards “lost revenue,” which enables the City to appropriate the funding for general government services. This funding therefore increases the General Fund unrestricted fund balance meaning there is no negative financial impact when Council appropriates these funds for uses as directed at the April 4, 2022 Study Session.
BACKGROUND: The City’s development of new hotel regulations in October 2021 was for the protection of the health and safety of the public. The intent of this ordinance was two-fold: 1) require motels that are providing lodging services of less than 30 days to meet certain minimum standards for public safety and health
and 2) require motels that are providing extended stay services of 30 days or more to meet certain minimum standards for public safety and health and to provide certain amenities to ensure extended stay units are livable. At the same time, due to the high cost of rent in metro Denver, many people are forced to leave their
rental units and move into hotels/motels. These temporary locations often provide flexible payment options (paying by the day, week or month), cheaper “rent,” utilities and no required deposit. For households that have been forced from their homes or apartments, hotels/motels are often a suitable option and may prevent a household from experiencing literal homelessness. However, once a household moves into the hotel/motel, it can be extremely challenging to move out of this housing
option. The passage of the ordinance requires additional licenses as well as enhanced standards, amenities, and safety requirements for hotels to allow long term guests. At this time, all hotels in Wheat Ridge
Council Action Form – Family Tree Agreement and Budget Supplemental May 23, 2022
Page 3
have declined to pursue an extended stay license. With that being the case, many, if not all, of the long-term residents who are living in hotels/motels will be at risk of homelessness when the ordinance
goes into effect on September 30, 2022. The City of Wheat Ridge will likely see a surge in
homelessness if rental assistance and supportive services are not made available to the households at risk of losing their housing. At the April 4, 2022 Study Session, Council provided direction to move forward with a number of
programs and initiatives to support the community’s recovery from the pandemic. Staff informed
Council that budget supplemental requests would be presented as necessary to fulfill the plan as presented. This budget supplemental request funds the following programs as discussed with Council: Assistance to Households – Homelessness and Housing Initiatives
One year partnership with Family Tree to specifically address extended stay guests of Wheat
Ridge motels with housing navigation services, rent and security deposit assistance and 4-6
months of case management services To help support households impacted by this ordinance, the City has worked with Family Tree to
develop a one-year agreement to provide housing navigation assistance and ongoing case management
services. Family Tree will partner with the city’s Homeless Navigation Program, the hotels/motels and local law enforcement to identify households who need to move out of the motels. Once households are enrolled in the program, Family Tree will work alongside the households to identify new safe and stable housing options. Family Tree will provide rent and deposit assistance, moving and
household expenses, and utility assistance. A case manager will work with the household to identify
additional barriers the household may have to maintain their housing and develop plans to overcome these. Below is a preliminary budget proposal:
1.0 FTE Case manager salary and benefits $55,000 .5 FTE Housing navigator salary and benefits 28,000 .1 FTE Program director salary and benefits 7,000 .05 FTE Vice president, Housing and Employment, salary and benefits 6,000
Data and helpline personnel costs, salary and benefits 5,000
Rental and security deposit assistance (75 households, $4,500/HH) 337,5000 Other client assistance Indirect costs at 10% (includes Finance, HR, IT, Facilities, etc) 16,500 45,000
Total program cost $500,000
RECOMMENDATIONS:
Staff recommends approval of this budget supplemental request and agreement with Family
Tree.
Council Action Form – Family Tree Agreement and Budget Supplemental May 23, 2022
Page 4
RECOMMENDED MOTION: “I move to approve Resolution No. 27-2022, a resolution amending the Fiscal Year 2022 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$500,000 and approving an agreement with Family Tree for housing navigation assistance and case management services.” Or,
“I move to postpone indefinitely Resolution No. 27-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $500,000 and approving an agreement with Family Tree for housing navigation assistance and case management services for the following reason(s) ___________________.”
REPORT PREPARED AND REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 27-2022 2. Exhibit A: Family Tree Agreement 3. Exhibit B: Family Tree Service Proposal
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 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 $500,000 AND APPROVING AN AGREEMENT WITH FAMILY TREE FOR HOUSING NAVIGATION ASSISTANCE AND CASE MANAGEMENT SERVICES WHEREAS, the City has received $7.9 million in American Rescue Act Plan (ARPA) funding to help the community recover from the pandemic; and
WHEREAS, the ARPA guidance recommends Assistance to Households and Homelessness and Housing Initiatives as primary focus areas; and WHEREAS, the City has partnered with Family Tree to specifically address extended stay guests of Wheat Ridge motels with housing navigation services, rent and
security deposit assistance and 4-6 months of case management services; and WHEREAS, the City Council wishes to appropriate a portion of this ARPA funding to shift formally from response to recovery and keep forward momentum for ensuring the
entire community can be stronger in the long term from the negative effects of the pandemic; and WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these
expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. The Agreement between Family Tree and the City of Wheat Ridge concerning housing navigation assistance and case management
services, attached hereto as Exhibit A, is hereby approved. Section 2. A transfer of $500,000 is approved from the General Fund undesignated reserves to account 01-106-700-750
Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 23rd day of May 2022.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
FUNDING AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE, COLORADO
AND FAMILY TREE
This Agreement (the “Agreement”) is made and entered into as of this day of
_________, 2022 (“Effective Date”), by and between the City of Wheat Ridge, Colorado, (the
“City”), and Family Tree, Inc. (“Family Tree”), a Colorado nonprofit corporation (each individually a “Party”, collectively, the “Parties”). WITNESSETH:
WHEREAS, Family Tree has requested to utilize a portion of available American Rescue Plan Act (ARPA) funding currently available to the City to initiate a rehousing program (“Program”) to assist unhoused individuals and families living in Wheat Ridge motels to obtain safe and stable housing;
WHEREAS, Family Tree proposes to provide case management and supportive services including rent and deposit assistance, moving and household expenses and utility assistance, and referrals for medical, mental health and substance abuse services as necessary; WHEREAS Family Tree proposes to work alongside the households to identify new safe
and stable housing options, as more fully described in Family Tree’s ARPA Funding Request, (Exhibit A); WHEREAS, the Wheat Ridge City Council desires to assist Family Tree in funding the Program by a grant of City General Funds, the use of which will be guided by ARPA use guidelines
(“Funds”), as more fully set forth herein. NOW, THEREFORE, in consideration of the promises and mutual covenants and obligations set forth in this Agreement, the City and Family Tree hereby agree as follows:
1. Amount of the Award. The City agrees to provide Family Tree with Funds in an aggregate amount not to exceed $500,000 to be used to facilitate the Program. Funds shall be distributed by the City to Family Tree for Pre-Agreement Costs pursuant to Section 3.a. hereof and for other eligible costs pursuant to the reimbursement process set forth in Section 3.b. hereof.
The Funds to be paid Family Tree under this Agreement constitute the entire commitment by the
City to assist Family Tree and the Program. The City’s commitment of Funds to Family Tree is contingent upon: (1) Family Tree representing to the City that it has secured sufficient funding to facilitate Family Tree’s completion of the Program; and (2) the continued operation of the Program in general conformity with ARPA use guidelines funding.
2. Use of Funds. Family Tree agrees that it shall only use the Funds to facilitate the Program, as further described by this Agreement and in Exhibit B, attached hereto and incorporated herein by this reference.
3. Payment Schedule. Subject to the remainder of this Agreement, the City agrees to
disburse the Funds to Family Tree for the benefit of the Program as follows:
ATTACHMENT 2
EXHIBIT A
1.0 FTE Case manager salary and benefits $55,000
.5 FTE Housing navigator salary and benefits 28,000
.1 FTE Program director salary and benefits 7,000 .05 FTE Vice president, Housing and Employment, salary and benefits 6,000
Data and helpline personnel costs, salary and benefits 5,000
Rental and security deposit assistance (75 households, $4,500/HH) 337,500
Other client assistance (move-in costs, rental truck, etc.) Indirect costs at 10% (includes Finance, HR, IT, Facilities, etc.) 16,500 45,000 Total program cost $500,000
3a. Pre-Agreement Costs. “Pre-Agreement Costs” are costs incurred prior to the
Effective Date of this Agreement that are eligible for payment with the Funds. Pre-Agreement
Costs are allowed only to the extent such costs are specifically identified below, and which were incurred on or before May 23, 2022 and shall not exceed a total of $5,000. Eligible Pre-Agreement Costs shall be disbursed by the City to Family Tree within thirty (30) days of the Effective Date. Pre-Agreement Costs received by Family Tree from the City shall
commensurately reduce the Total Program Costs budget identified above as eligible for funding
from the City – e.g., a Pre-Agreement Cost payment of $5,000 to Family Tree shall reduce the total Program cost budget thereafter eligible for reimbursement from the City by $5,000 – to $495,000.
Eligible Uses of Pre-Agreement Costs: Tenancy Support Services Project and Rental Assistance Administrative Costs
3b. Reimbursement Process. Eligible Post-Agreement Funds for the Program will be
disbursed by the City to Family Tree upon the City’s receipt and approval of a properly executed Reimbursement Request. Reimbursement Requests must be submitted by the 15th business day of each calendar month for reimbursement of expenses incurred during the prior month. Backup financial documentation such as a general ledger detail, invoices, receipts, and timesheets
showing services performed or expenses incurred within the period for which the payment is
requested must be kept and maintained on file by Family Tree in accordance with Section 7 hereof. 4. Term. The initial term of this Agreement shall be from the Effective Date through
December 31, 2022. Thereafter, the Agreement shall automatically renew for one (1) calendar
year term (2023) unless sooner terminated pursuant to Section 9 hereof or the fulfillment of each Party’s obligations hereunder. The renewal term shall not increase or otherwise affect the total aggregate amount of the award, as set forth in Section 1 hereof.
5. Administration and Implementation. Family Tree shall be responsible for the
direct supervision, administration, and implementation of the Program. The City shall not be liable or responsible for any cost overruns or have any duty or obligation to provide any additional funding to Family Tree if the Program cannot be completed with the amount of Funds awarded by the City to Family Tree for the Program.
6. Acknowledgement of City by Family Tree. Family Tree agrees to acknowledge the City as a contributor in all publications, news releases and other publicity issued by Family Tree related to operations of the Program and agrees to allow the City to do the same. Family
Tree shall cooperate with the City in preparing public information pieces, providing photos of the
Program from time to time, and providing access to the Program for publicity purposes. 7. Record Keeping. Family Tree shall maintain a complete set of books and records documenting its use of the Funds for the Program. Family Tree shall maintain a complete set of
books and records documenting the number of direct referrals from and/or other services provided
to the City by the Program in support of the City’s efforts to assist people experiencing homelessness. The City or any of its duly authorized representatives’ shall have reasonable access to any books, documents, papers, and records of Family Tree and the Program which are pertinent to this Agreement for the purpose of making an audit or examination of the Program’s activities.
Family Tree shall keep all books, documents, papers, and records which are pertinent to this
Agreement for a minimum of seven (7) years following its termination. 8. Workers Without Authorization.
a. Unlawful Employees, Contractors and Subcontractors. Family Tree shall not
knowingly employ or contract with workers without authorization to perform services under this Agreement. Family Tree shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with workers without authorization to perform services under this Agreement and (b) fails to certify to Family Tree that the subcontractor will not knowingly
employ or contract with an worker without authorization to perform services under this
Agreement. b. Verification Regarding Workers Without Authorization. By executing this Agreement Family Tree confirms the employment eligibility of all employees who are newly
hired for employment to perform services under this Agreement through participation in either
the Federal E-Verify program or the Colorado Department of Labor Department Program. c. Limitations. Family Tree shall be prohibited from using either the Federal E-Verify Program or the Colorado Department of Labor Department Program procedures to
undertake pre-employment screening of job applicants.
d. Duties of the Family Tree. If Family Tree obtains actual knowledge that a subcontractor performing services under this Agreement knowingly employs or contracts with a worker without authorization, Family Tree shall be required to:
i. Notify the subcontractor and the City within three days that Family Tree has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and
ii. Terminate the subcontract with the subcontractor if, within three days of
receiving the notice the subcontractor does not stop employing or contracting with the worker without authorization; except that Family Tree shall not terminate the contract with the subcontractor if the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a
worker without authorization.
e. Duty to Comply with State Investigation. Family Tree shall comply with any request made by the Colorado Department of Labor or the City in the course of an investigation that the Department or the City is undertaking.
f. Damages. Notwithstanding any other provisions within this Agreement, if Family Tree violates any of the above provisions regarding workers without authorization, the City may terminate the Agreement for cause and Family Tree may be liable for consequential damages.
9. Termination of Agreement.
a. If through any reason, Family Tree fails or refuses to: (i) use the Funds in accordance with the terms and covenants of this Agreement; or (ii) perform any other of the material covenants, agreements, or conditions made by Family Tree herein, then Family Tree
shall be in default under this Agreement and the City has the right to terminate this Agreement
for cause, an event of default. b. Family Tree shall be given written notice by the City’s Homelessness Program Director of any default in the performance of this Agreement. The notice shall specify the
nature of the default and request Family Tree to correct the default within thirty (30) days from
the date on such notice (the “Cure Period”). c. Change in City Policy. The City may terminate this Agreement at any time upon thirty (30) days’ notice specifying the date thereof, provided Family Tree shall be compensated
in accordance with this Agreement for all work performed up to the effective date of
termination. d. The City’s total liability for termination of this Agreement shall not exceed the lesser of total amount of this Agreement or the total amount of funds which have been
appropriated specifically for this Agreement.
e. Family Tree shall be entitled to actual incurred costs for terminating its activities under this Agreement, including those of its subcontractors, if this Agreement is terminated for the City’s convenience, provided however, in no event shall the City’s total liability to Family
Tree exceed the total amount of funds which have been appropriated for this Agreement.
10. Remedies. Should Family Tree fail, for any reason, to cure an event of default, the City shall have the right to terminate this Agreement forthwith and demand reimbursement from Family Tree of all Funds advanced hereunder that were expended by Family Tree in violation of the permitted uses of Funds sent forth in Section 2 of this Agreement, which amount
shall be determined on a pro-rata basis as of the date upon which such event of default is deemed to have first occurred. The rights and remedies of the City as set forth in this Agreement shall not be exclusive and are in addition to any other rights or remedies provided by law.
11. No Waiver of Rights. A waiver by either party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 12. Assignment. No assignment by a party to this Agreement of any rights under or
interests in this Agreement will be binding on another party hereto without the written consent of
the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). And unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor
form any duty or responsibility in this Agreement.
13. Relationship of the Parties. Family Tree shall perform all duties and obligations under this Agreement as an independent contractor and shall not be deemed by virtue of this Agreement to have entered into any partnership, joint venture, employer/employee, or other relationship with the City. An independent contractor is not a City employee and as such is not
entitled to Workers’ Compensation benefits. It is expressly understood between the City and Family Tree that Family Tree, as an independent contractor, is not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by Family Tree or some entity other than the City.
14. No Third-Party Beneficiaries. Nothing in this Agreement shall give or allow any claim or right of action whatsoever by any third party, including, but not limited to, any employees, agents, contractors or clients of Family Tree.
15. Severability. Should any one or more provisions of this Agreement be determined
to be, illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the parties hereunder.
16. Written Amendment Required. This Agreement may be amended, modified, or
changed, in whole or in part, only by written agreement duly authorized and executed by the City and Family Tree. 17. Insurance and Indemnification. Family Tree agrees and understands that they are
to maintain and keep in force the appropriate insurance policies for the services provided
throughout the term of this Agreement. Family Tree shall be responsible for any injury to persons or damage to property arising from negligent or otherwise wrongful acts, errors and omissions of Family Tree, its agents and employees in providing any goods and services. Family Tree shall indemnify, defend and hold harmless the City, its elected and appointed officials,
employees, agents and representatives from and against all claims, damages, liabilities, losses,
and expenses, direct or indirect arising out of or resulting from the acts or omissions of Family Tree related to this Agreement. 18. Nondiscrimination. Family Tree shall not discriminate against any individual,
employee, and applicant for employment or in its provision of services on the basis of race, color,
national origin, ancestry, age, sex (gender), sexual orientation, religion, creed, or physical or mental disability. 19. Notices. Notices, as referred to in this Agreement, shall be sent to:
City: City of Wheat Ridge, Colorado Attn: Patrick Goff, City Manager 7500 W. 29th Ave. Wheat Ridge, CO 80033
City of Wheat Ridge CC: Amber Garrett, Risk 7500 W. 29th Ave. Wheat Ridge, CO 80033
Family Tree, Inc Attn: Scott Shields, CEO 3805 Marshall Street, Suite 100, Wheat Ridge, CO 80033
20. Legal Compliance. a. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.
b. Family Tree and its contractors and subcontractors shall comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Program, including but not limited to those laws and regulations which require appropriate actions to protect the environment. If Family Tree, a contractor, or subcontractor performs or continues to perform any work knowing it to be contrary to any law,
ordinances, rules and regulations Family Tree shall assume full responsibility and shall bear all attributable costs. 21. Extent of Agreement. This Agreement constitutes the entire agreement of the
parties hereto. The parties agree that there have been no representations made regarding the
subject matter hereof other than those, if any, contained herein, that this Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another.
22. Attorney Fees. If litigation is commenced by either party concerning this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the other party.
23. Counterparts. This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 24. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applications, resolutions, or other documents referenced in this Agreement shall be
incorporated by reference into this Agreement for all purposes. 25. Section Headings. The headings for any section of this Agreement are only for the convenience and reference of the parties and are not intended in any way to define, limit or
describe the scope or intent of this Agreement.
26. Signatures. The signatories to this Agreement represent that they are fully authorized to execute this Agreement and bind their respective entities.
27. Immunities Preserved. It is the intention of the Parties that this Agreement shall
not be construed as a contractual waiver of any immunities, defenses or monetary limitations belonging to the City under the Colorado Governmental Immunity Act, §24-10-101, C.R.S, et. seq., the common law or any other applicable law, rule or regulation.
28. Non-Appropriations. All direct and indirect financial obligations of the City under
this Agreement are subject to the annual appropriation of funds by the City Council. No provision of this Agreement will be construed or interpreted: (a) to directly or indirectly obligate the City to make any payment in any fiscal year in excess of amounts appropriated by the City for such fiscal year; or (b) as creating a debt or multiple fiscal year direct or indirect debt or other financial
obligation whatsoever of the City within the meaning of Article X, Section 20 of the Colorado
Constitution or any other constitutional or statutory limitation or provision. (Remainder of Page Intentionally Left Blank)
IN WITNESS WHEREOF, the City and Family Tree have executed this Agreement as of
the day and year first written above.
ATTEST: ___________________________________ STEPHEN KIRKPATRICK, CITY CLERK
______________________________ DATE
(Seal) APPROVED AS TO FORM: ____________________________ GERALD DAHL, CITY ATTORNEY ATTEST:
________________________________ NAME
________________________________ TITLE ________________________________ DATE
CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033
______________________________ BUD STARKER, MAYOR
Family Tree 3805 Marshall Street, Suite 100, Wheat Ridge, CO 80033 _____________________________ AUTHORIZED SIGNATURE
_____________________________
PRINT NAME
______________________________ TITLE __________________________________ DATE
Family Tree Wheat Ridge City Council American Rescue Plan Act Funding Request March 25, 2022 Due to the high cost of rent in metro Denver, many people are forced to leave their rental units and move into hotels/motels. These temporary locations often provide flexible payment options (paying by the day, week or month), cheaper “rent,” utilities and no required deposit. For households who have been forced from their homes or apartments, hotels/motels are often a suitable option and may prevent a household from experiencing literal homelessness. However, once a household
moves into the hotel/motel, it can be extremely challenging to move out of this housing option. Despite their ability to pay monthly rent, tenants are often unable to save money needed for alternative rental housing. Prospective landlords frequently require future tenants to pay
application fees, holding fees, large deposits (sometimes twice the rental amount) as well as first and last month's rent. In order to move into a new rental, people often need as much as $4,000-5,000, or more. For most people living below the poverty line achieving this level of savings is not possible. With the passage of the Wheat Ridge City Council ordinance requiring additional licenses and requirements for hotels/motels to allow long term guests, many of the owners of the nine hotels/motels in Wheat Ridge accommodating extended stay will likely not invest the capital to
make these changes. Many, if not all, of the long-term residents who call these hotels/motels home will be at risk of homelessness when the ordinance goes into effect on September 30, 2022. The City of Wheat Ridge will likely see a surge in homelessness if rental assistance and supportive services are not made available to the households at risk of losing their housing. This is not the first time our community has seen a significant number of households resorting to
living in motels. In 2009 when the housing market crashed, we witnessed many families move out of their homes and into motels across Jefferson County. In response, Family Tree successfully developed a program to assist homeless families living in motels to obtain safe and
stable housing. Family Tree provided case management and supportive services for 4-6 months, depending on the needs of the household. Supportive services included rent and deposit assistance, moving and household expenses, utility assistance, and referrals for medical, mental health and substance abuse services as necessary. In efforts to support the households (individuals and families) impacted by the recent city ordinance change, Family Tree proposes to utilize a portion of available American Rescue Plan Act (ARPA) funding currently available to the City of Wheat Ridge to revitalize our the above mentioned
program and help households currently living in hotels/motels. Family Tree will partner with the city’s homeless navigators, the hotels/motels and local law enforcement to identify households who
ATTACHMENT 3
EXHIBIT B
need to move out of the motels. Once households are enrolled in the program, Family Tree will work alongside the households to identify new safe and stable housing options. As in our previous
program, Family Tree will provide rent and deposit assistance, moving and household expenses, and utility assistance. A case manager will work with the household to identify additional barriers the household may have to maintain their housing, and develop plans to overcome these. Family
Tree’s best practice service delivery is client-centered, strengths-based, and trauma-informed, which enhances the relationship between the service provider and participant, fostering a sense of partnership and empowerment. Trauma-informed care is the industry standard, and by ensuring our staff are equipped to recognize when clients have experienced trauma, we are poised to support our clients in overcoming trauma. Our previous program saw the following successes/outcomes; we expect to see similar if not better outcomes with potential funding from the City of Wheat Ridge.
• 231 households were referred to the program
• 81 households enrolled in the program
• 83%, or 67 households were in stable housing at the time of exit from the program In addition to funding for the rental assistance program, Family Tree requests additional funds in
the amount of $16,500 (see proposed budget below) to support any households at risk of or experiencing homelessness who may seek services from our Wheat Ridge offices on 38th Avenue and Marshall Street. These funds may be for food, transportation, rent, utilities, household items,
etc. to help stabilize and provide assistance to households seeking supportive services in Wheat Ridge.
Below is a preliminary budget proposal: 1.0 FTE Case manager salary and benefits $55,000 .5 FTE Housing navigator salary and benefits 28,000 .1 FTE Program director salary and benefits 7,000 .05 FTE Vice president, Housing and Employment, salary and benefits 6,000 Data and helpline personnel costs, salary and benefits 5,000 Rental and security deposit assistance (75 households, $4,500/HH) 337,5000 Other client assistance Indirect costs at 10% (includes Finance, HR, IT, Facilities, etc) 16,500 45,000
Total program cost $500,000