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HomeMy WebLinkAbout06-27-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 27, 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 June 27, 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: 878 2434 3021 Passcode: 651529 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 • May 23, 2022 City Council Meeting Minutes • June 6, 2022 Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: June 27, 2022 Page -2- PROCLAMATIONS AND CEREMONIES 1. June 2022 - Parks and Recreation Month 2. Introduction of Police Recruits PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 13-2022 - an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking 2. Council Bill No. 10-2022 - an ordinance approving a site lease agreement with T-Mobile West, LLC for use of the municipal building cellular tower 3. Council Bill No. 11-2022 - an ordinance approving a site lease agreement with Verizon Wireless for use of the municipal building cellular tower 4. Council Bill No. 12-2022 - an ordinance approving a site lease agreement with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower ORDINANCES ON FIRST READING 5. Council Bill No. 15-2022 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith 6. Council Bill No. 14-2022 – an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas CITY COUNCIL AGENDA: June 27, 2022 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS 7. Resolution No. 30-2022 – a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for Jefferson Center’s Community Prevention and Engagement Program CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 23, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Seven members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Val Nosler Beck Absent: Janeece Hoppe (excused) Also, present: City Attorney, Gerald Dahl; Administrative Services Director, Allison Scheck; Director of Community Development, Ken Johnstone; Police Chief, Chris Murtha; Commander Jon Pickett; Parks and Recreation Director, Karen O’Donnell; City Treasurer, Chris Miller; Deputy City Clerk, Robin Eaton; Senior Planner, Scott Cutler, other staff, guests and interested citizens. APPROVAL OF MINUTES Without objection or correction, the revised Study Session notes of December 6, 2021, were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES This item began at 7:03 PM. LGBTQ+ Pride Month Mayor Starker read the proclamation declaring June 2022, as LGBTQ+ Pride Month, where 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. The proclamation was accepted by Jenny Snell who thanked the Mayor and spoke of the riots in Greenwich Village and closed with an excerpt from former President Obamas speech. Men’s Health Month and Men’s Health Week Mayor Starker read the proclamation declaring June, 2022 Men’s Health Month and the week of June 13-19, 2022 as Men’s Health Week in Wheat Ridge. The proclamation highlighted that 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 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 Calvin Beasley Vice-President of Integrated SCL Lutheran hospital health services, accepted the proclamation and stated that even though he might not have been involved as much as he’d like, he actively encourages everyone to reach out to the males in their lives, to get them out and get them involved in getting their check-ups. National Safety Month Mayor Starker proclaimed the month of June 2022 as National Safety Month which 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. Where 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. The proclamation was grateful accepted by Bill Tocco from the WR Safety Committee, and WR Public Works department who thanked the Mayor, and responded with appreciation on behalf of the Safety Committee, their departments and the co-workers across the City. National Gun Violence Awareness Day Mayor Starker read the proclamation declaring 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. Where he encouraged all citizens to support their local communities’ efforts to prevent the tragic effects of gun violence and to honor and value human lives. Juniper Loomis accepted the proclamation, who thanked the City Council who worked at King Soopers in Boulder, and who lost friends in the shooting. The record shows that CM Hultin arrived at 7:13 PM PUBLIC’S RIGHT TO SPEAK The Mayor apprised the meeting of the rules Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. No one signed up to speak in chambers or in the zoom format Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). 1. CONSENT AGENDA Discussion began at approximately 7:23 p.m. CM Dozeman introduced the consent agenda. I would hope the city would consider as part of this repair widening the pedestrian walkway space on this bridge so that it's easier and safer to navigate, and so that city crews can clear snow more easily. Right now, the pedestrian crossing is very narrow, making it difficult and unsafe for people to pass each other particularly if they are on a bike, walking with a stroller, or other mobility device. It also means city crews need to hand shovel this stretch of sidewalk, and if they don't get there in time, it turns into an icy patch until it melts, sometimes for several days, making it basically impassable. I hope you will consider moving the railings or otherwise widening the sidewalks here as part of this project. Thank you. May 23, 2022, 9:26 AM Kelly Blynn 4175 Brentwood St Wheat Ridge, 80033 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 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. 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 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 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 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. Motion by CM Dozeman to approve Consent Agenda Items a.), b.), and c.), seconded by CM Stites, motion carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:26 pm 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 CM Hultin introduced Council Bill 06-2022 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. There were none who wanted to speak, neither in person nor through the Zoom format. Deputy City Clerk Robin Eaton assigned Ordinance No. 1734 Staff Presentation Projects Supervisor Mark Westberg spoke to the council on the issue and spoke to prior actions taken. That basically 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. 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 Mr. Westberg referenced a neighborhood meeting that was held on March 30, 2022, in conjunction with the City’s annual floodplain outreach meeting. This was to educate the residents of adoption of the revised Jefferson County Digital Flood Insurance Rate Maps (DFIRM). None of the attendees commented on the adoption of the revised DFIRM. Public Comment No one came forward to speak. Council Questions and comments There were no questions or comments. Mayor Starker closed the public hearing. Motion by CM Hultin 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, motion seconded by CM Weaver, motion carried 7-0 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) Discussion began at approximately 7:32 pm CM Ohm introduced Council Bill 04-2022 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. Deputy City Clerk Robin Eaton assigned Ordinance No. 1735 Staff Presentation Scott Cutler, Senior Planner spoke to the council on the issue. The Planning Commission reviewed this request at a public hearing held on April 7, 2022, and recommended approval. The staff report with the proposed ODP, and a copy of the Planning Commission minutes, were attached for reference, and made a part of the public record. Mr. Cutler spoke about how 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 Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments Councilmembers asked several detailed questions about options for zoning this property, which staff and the applicant Staff answered in detail. CM Hultin was curious if MUC was considered for the proposed zoning change and use of the property. CM Nosler Beck wanted to confirm that it is just a zone change and the current tenants, if any, would not be impacted. Mayor Starker closed the public hearing. Motion by CM Ohm to approve Council Bill No. 03-2022 - an ordinance approving the rezoning of property located at 4877 Robb Street from Agricultural-One (A-1) to Planned Commercial 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. Motion seconded by CM Hultin; discussion of the motion ensued. The motion carried 7-0. 4. Council Bill No. 05-2022 - An Ordinance amending Section 26-615 of the Wheat Ridge Code of Laws concerning small cell CMRS facilities Discussion began at approximately 7:42 pm CM Weaver introduced Council Bill 05-2022 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 Mayor Starker opened the public hearing. The Mayor reviewed the procedures. Deputy City Clerk Robin Eaton assigned Ordinance No. 1736 Staff Presentation City Attorney Gerald Dahl spoke to the council on the issue being referred to as a tune- up where 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. The Planning Commission reviewed the proposed ordinance at a public hearing on April 7, 2022 and recommended approval. Mr. Dahl also spoke about the background of the item where 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. Now these facilities are required to hold a building permit to have a role where the poles will land in the right of way and only on the property lines, not in the middle of someone’s property. Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments CM Ohm asked and received confirmation that if it were a new development going into the city, that a permit would be necessary if they were wanting to put in a pole. Mayor Starker closed the public hearing. Motion by CM Weaver 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, motion seconded by CM Stites, discussion of the motion ensued. The motion carried 7-0. 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 Discussion started at 7:53 pm CM Hultin introduced Council Bill 08-2022 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 Mayor Starker opened the public hearing. The Mayor reviewed the procedures. Deputy City Clerk Robin Eaton assigned Ordinance No. 1737 Staff Presentation Commander Jon Pickett spoke briefly to the council on the issue where background was given that 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. Even though the problem doesn’t come up frequently in the city, when they do the process takes a great deal of time to address. The current ordinance is quite ambiguous and vague. The new draft is more concise, especially where the administrative enforcement is set up to be fair and equitable to the tenants, as well as owners. The new ordinance will assist the city in addressing these nuisances before they were able to create lasting quality of life issues within the neighborhoods. Mr. Dahl also spoke on this item where this is an administrative enforcement mechanism which relies on that chapter in code that was originally enacted for a specific action where nuisance complaints would be submitted, frustration grew for complainants when continuances were granted, or there was a change of council, etc. The city then put in a proactive process where with an administrative enforcement procedure, which includes a hearing officer, that helps to speed up the process. 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. Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments CM Hultin wanted clarification on the definition of chronic nuisance properties and questioned why there is such a layered definition for additional units and violations, whether it’s a specific unit or the entire building that’s the nuisance. Mayor Starker closed the public hearing. Motion by CM Hultin 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 motion seconded by CM Dozeman, discussion of the motion ensued. The motion carried 7-0. 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 Discussion started at 8:07pm CM Stites introduced Council Bill 07-2022 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. Deputy City Clerk Robin Eaton assigned Ordinance No. 1738 Staff Presentation Commander Jonathon Pickett spoke to the council on the issue and gave a brief background where 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. 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 corridor. Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments There were no questions Mayor Starker closed the public hearing. Motion by CM Stites 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, motion seconded by CM Hutchinson; discussion of the motion ensued. The motion carried 7-0. ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS Discussion began at approximately 8:14 p.m. 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 CM Dozeman introduced the Motion. 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. Staff Presentation Parks and Recreation Director Karen O’Donnell spoke on the background of the donation, along with the financial impact, and funding. Where 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. 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. Construction consists of installation of a hard surface for the tee boxes, along with the 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 Public Comment Cambria Rollo spoke in favor of the item that being the Parks and Recreation (P&R) Commission Chair is a great hand in hand from a wheat Ridge business in supplying another resource to the parks. There are lot of people who are super excited about a disc course coming to the city. Pat Cervera who also is a member of the P&R commission, voiced approval of the donation and the naming rights, where any concerns that they had have been met, and asked for approval of the motion. Council Questions CM Ohm asked if the naming rights could continue after the initial three years, to continue to another entity other than the city and if there are any other opportunities for park related naming rights. CM Hultin wanted clarification that it is just the disc course that is being named and not the park itself. Motion by CM Dozeman 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, and in connection therewith approve the facility donation agreement with CTP Disc, LLC and authorize execution of the same, seconded by CM Nosler Beck. Discussion on the motion ensued The Motion carried 7-0. 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) Discussion started at 8:27 pm CM Hutchinson introduced the Resolution. 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. Staff Presentation City Attorney Gerald Dahl described how 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. He briefly included the background of the application for a zone change but 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. Council Questions CM Ohm asked for and received clarification that the first motion of that council bill was to approve the zoning change, which failed, which was the original and the second motion was to deny the application that was approved, which then carried with it the direction for this resolution. CM Stites asked about Roberts Rules of Order to see if there should have been a different style of motion, say a substitute motion, when denying such an application. Motion by CM Hutchinson 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), seconded by CM Stites, motion carried 7-0. 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 CM Nosler Beck introduced the Resolution at 8:33 pm. 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. Staff Presentation Marianne Schilling, Assistant to the City Manager spoke on the Zoom format of previous actions where City 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 requires minimal amenities to provide safe and healthy environments for persons relying upon short-term and extended stay housing in Wheat Ridge. The financial impact was 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. 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. Scott Shields, the CEO of Family Tree was available for comment. Public Comment No one came forward to speak. Council Questions Council had no questions or concerns Motion by CM Nosler Beck 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, seconded by CM Dozeman. Discussion on the motion ensued. The Motion carried 7-0. CITY MANAGER’S MATTERS Ken Johnstone discussed about the opening of the tree drop-off area at Anderson park. Karen O’Donnell described the items allowed for debris from the storm, also items not being allowed were certain types of construction trailers, no large commercial vehicles, stumps, paint, or furniture. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS CM Hutchinson noticed that there was supposed to be a paint drop off with the Sustainability committee. She was glad for the Council chambers as she was one of the people who went without heat and power for 31 hours. CM Nosler Beck thanked everyone for coming together and pitching in for the weather event. She was sad to learn about the cancelled end of the year school events and thanked the students and teachers who were able pull off the recent school year during Covid. Lastly that Anderson pool is still looking for lifeguards CM Stites also thanked the City staff and P&R for setting up the Anderson park drop-off, even before he had started receiving calls about it. He received glowing compliments and support from neighbors of the project. He finished with the message of Memorial day weekend coming up and to find it and buy it in WR. CM Dozeman sent her kudo’s to staff for jumping on the ball to get the drop-off area set up for the limbs. There is another ribbon cutting this one for the Willy Bean which is a pedal-cab coffee cart at the visitor center. She wishes everyone to have a happy summer and remind anyone with kiddos that the Zoppe Italian Family circus is having a camp and sign up can be found at Zoppe.net CM Ohm wanted to let everyone know that he had attended the Crime Victims bill signing at PorchLight which was signed by the Governor and attended by other local dignitaries from around the State. He also received an email from District II constituent who said that city council, the mayor, and staff are doing a great job. CM Hultin wanted to recognize the P&R department, who are always very responsive to our needs. During the storm that night she had tried to save her baby trees, and in the morning her neighbors had already dragged huge branches of hers that were knocked down, out of the right of way. By the time she returned home from work they had all been chopped up and removed. This is yet another example of what makes Wheat Ridge great. Mayor Starker expressed his honor and privileged in attending the employee recognition awards last Saturday morning on Zoom. He wanted to thank city staff and the awards committee for putting together a wonderful presentation. He also wanted to recognize the winners, city staff and all employees who work for our citizens, who do great work and deliver great results. Lastly he read a short note from City Clerk Steve Kirkpatrick where he wanted to say thanks to all of you who have expressed your concerns and well-wishes as he and his family recovers from Covid. He went on to say get the proper tests to be sure of exposure, as many home test do not give accurate readings. During the time being out sick he also celebrated 35 years of marriage to his wonderful bride and wanted to wish her a Happy Anniversary. After acclaiming the work of former PIO Sara Spaulding, who now is the chief spokeswoman for the City of Grand Junction, the Mayor reminded everyone that school is out and to watch out for the little youngsters who may be out getting exercise and that we are all teachers. He hopes that through interaction with the young people, everyone can pass on the skills that we have learned to get us this far in life. ADJOURNMENT The meeting adjourned at 8:54 pm. _______________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON June 27, 2022 __________________________ Rachel Hultin, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting June 6, 2022 Mayor Bud Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Valerie Nosler Beck, Janeece Hoppe, and Leah Dozeman. CM Hultin excused herself. Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl (virtually); City Manager Patrick Goff; Ken Johnstone; Director of Administration, Allison Scheck; Special Assistant to the City Manager, Marianne Schilling; interested citizens and guests. Public’s Right to Speak No one came forward to speak this evening. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. 38th West Street Improvements (Kipling Street to Youngfield Street) Discussion of this item began at approximately 6:34 pm. Issue “Re-examine and Advance Sidewalks on 38th Avenue” was identified as one of Council’s priorities in the 2021-2022 Strategic Plan. This priority has been divided into two separate geographic areas: 1) 38th West (Kipling Street to Youngfield Street); and 2) 38th East (Wadsworth Boulevard to Harlan Street). Ken Johnstone gave a brief reprise of previous actions and the Council’s request for an update on progress to date and next steps to implement the project plan. Staff Reports Project Supervisor Mark Westberg, spoke on the city’s prior action including a ballot issue that failed in 2008, the planning effort along with Localworks in 2017 where speed zones and rapid rectangular flashing beacons were installed at key pedestrian crossings to improve pedestrian safety. The selected locations were determined and guided by the feedback solicited from the stakeholders and community residents. They are requesting that City Council give direction on: • What the public wants are for 38th West • What the public needs are for 38th West, both now and in the future. • The initial design effort will include a traffic analysis of both the current and future conditions • Evaluate the safety and capacity of the existing street to convey both current and future traffic • Acquisition may be necessary in some of areas with inadequate ROW depending on the final selected street cross-section(s) Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • Several CM thanked the staff and the consultants for their report and more so for their hard work. • CM asked numerous, detailed questions of Mr. Nguyen and Mr. Westberg, responding to their detailed analysis of the needed improvements and plans to gather residents’ and other stakeholders’ input. • CM expressed a desire to specifically involve the staff and parents at Kellerstrand Elementary Schools. • CM also appreciated the staff’s position that all along the 38th Avenue corridor there may be different needs for design and construction of drainage, sidewalks, cycling ramps, etc. at different points. • CM expressed a desire to also remember that this corridor is a residential street for most of its length. • CM also hoped that staff can pursue several avenues for funding the project, not just Federal funds, but also other sources. The City may need to find two or even three funding sources. 2. Campaign Finance Code: Fairness, Transparency, Impartiality Discussion of this item began at approximately 6:58 pm Issue A formal election complaint was received during the 2021 local election. During an investigation of this complaint and a review of campaign finance law, several loopholes in the campaign finance code were identified that the City Clerk is recommending that Council close with new ordinances. Staff Reports City Clerk Steve Kirkpatrick (CC) spoke on the issue including items from the City Attorney’s office which were to provide: 1. A detailed analysis of Council’s options with respect to campaign finance ordinances that will not impinge upon anyone’s First Amendment rights while leveling the playing field in terms of who is campaigning or petitioning and who is financing their efforts. 2. A legal analysis about three changes the City Clerk is proposing to the City Code that would require the following actions. a. When two or more electors (registered voters) ask the Office of the Clerk to approve either an initiative or referendum petition form, they will also be required to file simultaneously as an appropriate type of Political Committee as defined in current law before they begin circulating their petition. b. When two or more persons engage in public acts, again as defined in current law, that either support or oppose a candidate or support or oppose a ballot initiative, then those persons shall file as an appropriate type of Political Committee as defined in and required by current law. c. When two or more persons register a Political Committee per either a or b above, those two (or three or…) persons are individually, severally, and personally liable for timely filings of campaign finance reports and for paying any fines levied by the Office of the City Clerk ($50 per day per current law) for late filing or refusal to file campaign finance reports per current law. Where writing potential ordinances will require some time and effort to craft language that will withstand judicial review. Ample time exists for the City Attorneys to draft these three ordinances and bring them forward for Council’s consideration prior to the 2023 municipal elections (or sooner if events create more urgency). Finally, this discussion is not about collecting fines as the CC is empowered to waive fines in all or in part when proper filings are submitted late. This discussion is about empowering the CC to enforce transparency, impartiality, and accountability in elections. Councilmembers had questions and comments: CC came prepared to ask Council for guidance on the detailed questions and potential issues related to any policy decisions or ordinances. City Clerk Kirkpatrick and CM engaged in a detailed discussion. Mr. Dahl and Clerk Kirkpatrick reviewed a range of options (six in all) Council has in terms of actions we might take with respect to the proposed ordinances. CM supported the proposed drafting of ordinances. CM Hoppe proposed a consensus to direct the Clerk and City Attorney to bring forward at a future Study Session proposed ordinance language to implement Clerk Kirkpatrick’s recommended changes to campaign finance Code. Consensus attained. 3. Strategic Plan Update Discussion of this item began at approximately 7:46 pm. Issue City Council met on February 20, 2021, to hold a strategic planning retreat. Eight priorities were established to be implemented over a two-year period. A series of study sessions have been held where staff presented information, work plans, ideas and sought clarification on some of the items from the City Council. This memorandum provides a short description of the priority and status of the eight priorities. Staff Reports Mr. Goff, Ms. Scheck, and Ms. Schilling spoke on the priorities established in the most recent Strategic Plan (2021): • New efforts in engagement in Government; Understanding city processes • Implement Bulk plane in all residential zone districts • Re-examine, advance sidewalks on 38th avenue • Review the vision, mission, and funding of Localworks • Streamlining permit processes • Commercial corridor code review • Policy on non-conforming accessory dwelling units • Develop solutions and work with partners to address homelessness. Mr. Goff forecast that a bulk plain ordinance will appear for second reading this August. He also announced that there will soon be an update on the 38th Avenue project for the east side of the City, from Wadsworth to Sheridan Blvd. Ms. Shilling gave a detailed report on our efforts to assist people experiencing homelessness. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • CM thanked the staff for their work and their update presentation. • CM expressed their excitement for the ongoing efforts to improve communication through dialogue with our residents. • CM commented that our City archives need an evaluation of what records are available, how far into history they go, and which records should have priority in terms of making the records accessible, readable and understandable. 4. Staff Report(s) Gary Community Ventures, formerly the Piton Foundation, has begun circulating a petition for a statewide earmark of income tax revenue to building affordable housing. Mr. Goff was asked to gather the sentiments of the Council on this proposal. 5. Elected Officials’ Report(s) City Clerk Steve Kirkpatrick announced that primary election ballots dropped into the mail today. He reminded residents how the newly redesigned primary election process works. Voters registered as unaffiliated (independent) will receive two ballots, one for the Republican and one for the Democratic primaries. Voters may return either ballot, but only one of the two ballots. CM Stites announced that he and CM Weaver will hold their next D III meeting on Saturday, June 11, at the new apartments in the Clear Creek Crossing project. He also announced the forthcoming District III meeting dates, including a dumpster day, and displayed a postcard that will go to all district residents with the details. CM Ohm commented on other bills proposed at the state legislature to provide more affordable housing. He also asked about the status of piles of downed tree limbs still stacked in Anderson Park. Mr. Goff provided an update on plans to mitigate the piles. CM Weaver asked Mr. Goff a question she received from a constituent about a broken water tap, given that we have so many water companies serving the City. The resident is asking if and how the City can help. Mr. Goff gave a specific and detailed answer. CM Hutchinson commented on an elderly lady who went missing in Anderson Park and was finally found in good shape 8 days later. CM Nosler Beck asked about the feasibility of offering residents a turf replacement option. Staff commented that they would investigate the possibilities. She also commented that the Anderson Park Pool is the only outdoor pool open in our area at present, so it is very crowded. She commented that there is sometimes a wait to enter the pool due to the lack of lifeguards. We desperately need to hire more, and we train lifeguards. She and Mr. Goff emphasized the need to hire more lifeguards, and the City will train people who need to get qualified. CM Ohm asked for a future study session on irrigation and turf replacement, in connection with CM Nosler Beck’s comments on turf replacement. CM Dozeman this Saturday June 11 at Five Fridges Farm is the art festival sponsored by Local Works at Five Fridges Farm. She also noted that Ridge Fest is on June 18th. She also announced that there is free coffee at 7230 W. 38th Ave tomorrow to raise money for the Foothills Animal Shelter. The Mayor thanked everyone for a productive meeting, and encouraged us to drive, cycle and walk carefully to protect one another. Coffee with the Mayor is this Saturday at Vignola’s at 9 AM. The Mayor also congratulated Mr. Goff on his 20th anniversary as a City employee. ADJOURNMENT The Study Session adjourned at 8:40 p.m. APPROVED BY CITY COUNCIL ON June 27, 2022. ________________________________________________ Steve Kirkpatrick, City Clerk ________________________________________________ Rachel Hultin, Mayor Pro Tem PROCLAMATION Designation of July 2022 as Park and Recreation Month WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Wheat Ridge; and WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimers; and WHEREAS, parks and recreation encourages physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEARAS, the City of Wheat Ridge proudly owns and maintains 26 parks, 373 acres of open space, 7 miles of multi-use trails, 22 ball fields, 19 playgrounds, multiple recreation facilities, including an outdoor aquatic complex, and 3 historic properties; and WHEREAS, parks and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. NOW THEREFORE, BE IT RESOLVED BY I, Mayor Bud Starker, and the Wheat Ridge City Council that July 2022 is recognized as Park and Recreation Month in the City of Wheat Ridge. IN WITNESS THEREOF on this 27th day of June 2022. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2022 - AN ORDINANCE AMENDING SECTION 16-107 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HARASSMENT AND STALKING PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ __________________________ City Attorney City Manager ISSUE: Council Bill 13-2022 amends the local definition of criminal harassment to comply with a recent decision of the Colorado Supreme Court. PRIOR ACTION: City Council approved this ordinance on first reading on June 13, 2022. A motion was made by Councilmember Hoppe and seconded by Councilmember Hultin and was approved by a vote of 8-0. FINANCIAL IMPACT None. BACKGROUND: On March 28, 2022, the Colorado Supreme Court issued its decision in People v. Moreno, 2022 CO 15 (Colo. 2022). In Moreno, the Court reviewed a district court's order invalidating part of Colorado's harassment statute. The lower court found that the phrase "intended to harass" in the State statute unconstitutionally restricts protected speech. The Colorado Supreme Court agreed and definitively invalidated this portion of the State’s harassment statute. Council Action Form – Harassment and Stalking Ordinance June 27, 2022 Page 2 The Wheat Ridge Code harassment provision mirrors the State statutory language. Therefore, it is necessary to remove from the Wheat Ridge Code the language that was recently declared unconstitutional by the Moreno decision. While this Section is being amended, staff recommends that we modernize its language to include more modern forms of communication (text, instant messaging, etc.). RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2022, an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 13-2022, an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Carmen Beery, City Attorney Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE Council Bill No. 13 Ordinance No. __________ Series of 2022 TITLE: AN ORDINANCE AMENDING SECTION 16-107 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HARASSMENT AND STALKING 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. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws (“Code”), including a prohibition of harassment and stalking, codified as Code Section 16-107; and WHEREAS, since the adoption of Code Section 16-107, several developments have rendered said Section out of date, including the holding of People v. Moreno, 2022 CO 15 (Colo. 2022) and the modernization of interpersonal communication beyond the telephone; and WHEREAS, the City Council therefore finds that Code Section 16-107 should be amended to bring its language into compliance with both the legal requirements and technological landscape of today. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-107 of the Wheat Ridge Code of Laws, concerning harassment and stalking, is hereby amended as follows: Sec. 16-107. Harassment; stalking. (a) It is unlawful for any person, with intent to harass, annoy or alarm another person, to: (1) Strike, shove, kick or otherwise touch a person or subject him to physical contact. (2) In a public place, direct obscene language or make an obscene gesture to or at another person. (3) Follow a person in or about a public place or places. (4) DIRECTLY OR INDIRECTLY Initiate communication with another OR DIRECT COMMUNICATION TOWARD ANOTHER PERSON, anonymously or otherwise, either in person or by telephone, TELEPHONE NETWORK, DATA NETWORK, TEXT MESSAGE, INSTANT MESSAGE, COMPUTER, COMPUTER NETWORK, COMPUTER SYSTEM, OR ATTACHMENT 1 2 OTHER INTERACTIVE ELECTRONIC OR DIGITAL MEDIUM, in a manner intended to harass or threaten bodily injury or property damage, or which includes any comment, request, suggestion, or proposal which is obscene. (5) Make a telephone call or cause a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation. (6) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property. (7) Repeatedly insult, taunt, challenge, or make communication in offensively coarse language to another in a manner likely to provoke a violent or disorderly response. (8) Commit any two (2) or more of the acts specified in this section against the same person. (b) As used in this section, unless the context otherwise requires, "obscene" means a patently offensive description of an ultimate sexual act or solicitation to commit an ultimate sexual act, whether or not said ultimate sexual act is normal or perverted, actual or simulated, including masturbation, cunnilingus, fellatio, anilingus, or excretory functions. (c) Any act prohibited by subsections (a)(4) or (5) of this section may be deemed to have occurred or to have been committed at the place at which the telephone call OR DIGITAL OR ELECTRONIC COMMUNICATION was either made or received. (d) A person commits harassment by stalking if directly or indirectly through another person such person knowingly makes a credible threat to another person and, in connection with such threat, repeatedly follows that person or a family or household member of that person or makes a credible threat to another person and, in connection with such threat, repeatedly communicates with that person or a family or household member of that person, whether or not a conversation ensues. For purposes of this subsection (d): (1) "Credible threat" means a threat which would cause a reasonable person to be in fear for the person's life or safety or the life or safety of his/her family or household member(s); (2) "Family or household members(s)" is as defined in section 16-110(a)(3); (3) "In connection with" means acts occurring either before, during, or after the credible threat; and (4) "Repeatedly" means on more than one occasion. Section 2. 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 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 3 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 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 8 to 0 on this 13th day of June, 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 June 27, 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. 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: June 16, 2022 Second Publication: June 30, 2022 Jeffco Transcript Effective Date: July 15, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH T-MOBILE WEST, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with T-Mobile West, LLC. PRIOR ACTION: The City has a cell tower lease in place with T-Mobile West, LLC which was signed by Mayor DiTullio on September 14, 2006. While negotiating new lease terms, the existing lease expired, and the City has provided for a month-to-month extension until a new lease is approved. City Council approved this ordinance on first reading on June 13, 2022. A motion was made by Councilmember Ohm and seconded by Councilmember Stites and was approved by a vote of 8-0. Council Action Form – Lease with T-Mobile West, LLC June 27, 2022 Page 2 FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. BACKGROUND: Due to aging infrastructure and changes to technology over the years, T-Mobile West, LLC, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 10-2022, an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 10-2022, an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2022 2. Exhibit A - T-Mobile West, LLC Site Lease Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 10 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH T- MOBILE WEST, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER 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 governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with T-Mobile West, LLC for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, T-Mobile West, LLC shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and T-Mobile West, LLC attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of June, 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 June ATTACHMENT 1 27, 2022 at 7:00 p.m., as a virtual meeting and in 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 27th day of June 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: June 16, 2022 Second Publication: June 30, 2022 Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A T-Mobile LegalApproved4/27/22 DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A Scott DuBuke Area Director, Network Engineering & Operations 4/29/2022 DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A 4/29/2022 Area Director, Network Engineering & Operations Scott DuBuke DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A DocuSign Envelope ID: 33F18727-A69E-4C6C-9AEE-74AE66578B5A ITEM NO: 3 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/27/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Version Wireless. PRIOR ACTION: The City has an existing cell tower lease in place with Verizon Wireless which was signed by Mayor DiTullio on December 13, 2011. City Council approved this ordinance on first reading on June 13, 2022. A motion was made by Councilmember Hutchinson and seconded by Councilmember Hoppe and was approved by a vote of 8-0. Council Action Form – Lease with Verizon Wireless June 27, 2022 Page 2 FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. BACKGROUND: Due to aging infrastructure and changes to technology over the years, Verizon Wireless, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2022, an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 11-2022, an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2022 2. Exhibit A - Verizon Wireless Site Lease Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HUTCHINSON COUNCIL BILL NO. 11 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH VERIZON WIRELESS FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER 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 governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with Verizon Wireless for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, Verizon Wireless shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and Verizon Wireless attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of June 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 June 27, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, ATTACHMENT 1 Colorado as a virtual meeting and in 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 27th day of June 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: June 16, 2022 Second Publication: June 30, 2022 Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE (E) BUILDING (12) NEW VERIZON WIRELESS ANTENNAS AND EQUIPMENT ON NEW 140'H MONOPOLE (BY OTHERS) RE: A2.00 (E) ENCLOSURE (OTHERS) (E) PARKING (E) PARKING WA D S W O R T H B L V D . (E) BRICK WALL (E) SHELTER (OTHERS) NEW EQUIPMENT IN (E) VERIZON WIRELESS EQUIPMENT SHELTER RE: A1.20 (E) PROPERTY LINE (TYP) A3.00 1 ROUTE (2) NEW 12x24 HYBRID CABLES IN (E) U.G. CONDUITS FROM SHELTER TO NEW TOWER (E) VERIZON WIRELESS 5'W UTILITY EASEMENT HY B R I D & C O A X C A B L E S FI B E R BB U / R R H MW / F I B E R E Q . PO W E R / G R O U N D I N G OV P / E L E C . E Q . GE N . C O N S T . / U T I L I T Y E A S E M E N T AC C E S S / U T I L I T Y E A S E M E N T EX I S T I N G E A S E M E N T LE A S E A R E A AN T E N N A S PE N E T R A T I O N S PROJECT INFORMATION 5935 SOUTH ZANG STREET, SUITE 280 LITTLETON, COLORADO 80127 OFFICE: 303.932.9974 SITE NAME CONSULTANT VERIZON WIRELESS SERVICES 3131 S. VAUGHN WAY, SUITE 550 AURORA, CO 80014 1st REVIEW 2nd REVIEW A1.00 SITE PLAN DEN POLICE DOG NRD SSB 7500 W. 29TH AVE WHEAT RIDGE, CO 80033 -1" = 40'-0"1 SITE PLAN A 08/25/20 CD REVIEW SGP 0 11/24/21 CD ISSUE SGP C.O.R. VERIZON WIRELESS LTE ANTENNAS 76' -0" T.O. TOWER 140' -0" T.O. AT&T ANTENNAS (BETA) 50' -0" T.O. T-MOBILE ANTENNAS 120' -0" T.O. VERIZON WIRELESS ANTENNAS 80' -0" T.O. AT&T ANTENAS (ALPHA & GAMMA) 100' -0" F.G. 0' -0" (2) NEW VERIZON WIRELESS 12x24 HYBRID CABLES ROUTED INSIDE NEW MONOPOLE NEW PANEL ANTENNAS BY OTHERS (TYP) (12) NEW VERIZON WIRELESS PANEL ANTENNAS & EQUIPMENT ATTACHED TO MONOPOLE RE: 1/A2.00 NEW 140'H MONOPOLE (BY OTHERS) (E) EQUIPMENT COMPOUND (OTHERS) (E) BUILDING C.O.R. mmW 79' -1 1/2" C.O.R. LS6 78' -8" 1 HY B R I D & C O A X C A B L E S FIB E R BB U / R R H MW / F I B E R E Q . PO W E R / G R O U N D I N G OV P / E L E C . E Q . GE N . C O N S T . / U T I L I T Y E A S E M E N T AC C E S S / U T I L I T Y E A S E M E N T EX I S T I N G E A S E M E N T LE A S E A R E A AN T E N N A S PE N E T R A T I O N S PROJECT INFORMATION 5935 SOUTH ZANG STREET, SUITE 280 LITTLETON, COLORADO 80127 OFFICE: 303.932.9974 SITE NAME SITE I.D. CONSULTANT VERIZON WIRELESS SERVICES 10000 PARK MEADOWS DR., STE. 300 LONE TREE, CO 80124 1st REVIEW 2nd REVIEW A3.00 SOUTH ELEVATION DEN POLICE DOG 181 7500 W. 29TH AVE WHEAT RIDGE, CO 80033 NRD SSB -1/16" = 1'-0"1 SOUTH ELEVATION A 08/25/20 CD REVIEW SGP 0 12/15/21 CD ISSUE SGP 1 05/31/22 CM COMMENTS SGP ITEM NO: 4 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2022 - AN ORDINANCE APPROVING A SITE LEASE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Cingular Wireless (commonly known as AT&T). PRIOR ACTION: The City has an existing cell tower lease in place with New Cingular Wireless, LLC which was signed by Mayor Starker on May 21, 2019. City Council approved this ordinance on first reading on June 13, 2022. A motion was made by Councilmember Stites and seconded by Councilmember Weaver and was approved by a vote of 8-0. Council Action Form – Site Lease Agreement with New Cingular Wireless PCS, LLC June 27, 2022 Page 2 FINANCIAL IMPACT: The City will have no financial obligation in the demolition of the current tower or construction of the new tower. The City will receive $3,500 in rent per month, per carrier. The lease will be in place for fifteen (15) years, with the opportunity to renew in five (5) year increments. BACKGROUND: Due to aging infrastructure and changes to technology over the years, New Cingular Wireless PCS, LLC, along with two other cellular carriers, would like to demolish the existing cellular tower located at City Hall and construct a new monopole cellular tower. City Staff is in support of this initiative, under the condition that the City will not share in the cost of demolition and construction. RECOMMENDATIONS: Staff recommends approval of the ordinance. If denied or postponed, there will be no impact to City operations; however, the City will not receive $3,500 per month in lease payments, per carrier, which amounts to $126,000 per year in revenue. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2022, an ordinance approving a lease with New Cingular PCS, LLC for use of the municipal cell tower, and that it take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 12-2022, an ordinance approving a lease with New Cingular PCS, LLC for use of the municipal cell tower for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 12-2022 2. New Cingular PCS, LLC Lease Agreement 3. Signed and Sealed Construction Drawings CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 12 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE APPROVING A LEASE WITH NEW CINGULAR WIRELESS PCS, LLC FOR USE OF THE MUNICIPAL BUILDING CELLULAR TOWER 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 governed by its elected City Council; and WHEREAS, the City Council has authority to approve leases for uses of City property; and WHEREAS, the Council wishes to approve a lease with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower, subject to terms and conditions of said lease; and WHEREAS, the initial term of the lease agreement shall be five (5) years commencing on the first day of the month following acceptance by the City of the new monopole tower on the facility; and WHEREAS, the initial term shall automatically renew for two (2) successive renewal terms of five (5) years each, with the opportunity for successive five (5) year terms thereafter with the with mutual and written agreement of and with both parties; and WHEREAS, upon the commencement date, New Cingular Wireless PCS, LLC shall pay the City of Wheat Ridge rent in the amount of three thousand five hundred dollars ($3,500) per month. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Lease approved. The lease between the City of Wheat Ridge and New Cingular Wireless PCS, LLC attached hereto as Exhibit A, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same, in form approved by the City Attorney. Section 2. Effective date. This Ordinance shall take effect upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of June 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 June ATTACHMENT 1 27, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado as a virtual meeting and in 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 27th day of June 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: June 16, 2022 Second Publication: June 30, 2022 Jeffco Transcript Effective Date: June 27, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A LEASE AMENDED AND RESTATED SITE LEASE AGREEMENT This AMENDED AND RESTATED SITE LEASE AGREEMENT (the “Agreement”) is effective the date of the last signature on this Agreement (the “Effective Date”) by and between City of Wheat Ridge (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company authorized to do business in the State of Colorado (“Tenant”). WHEREAS, pursuant to that certain Site Lease Agreement, dated March 15, 1994, between Tenant’s predecessor in interest, Denver Cellular Telephone Company, and City of Wheat Ridge (the “Prior Agreement”), City of Wheat Ridge has granted to Tenant the right to use space on City of Wheat Ridge’s self-support tower (“Tower”) for installation and operation of communication equipment, which Tower is located at 7500 W. 29th Avenue, Wheat Ridge, CO 80033; WHEREAS, City of Wheat Ridge intends to replace its Tower, which is failing and no longer capable of supporting City of Wheat Ridge’s facilities and the communication equipment of the other parties installed thereon, with a new 140’ steel Monopole (“Monopole”); and WHEREAS, The parties hereto desire to amend and restate the Prior Agreement in its entirety with this Agreement. NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals, with are made a part of this Agreement, the Parties agree to amend and restate the Prior Agreement in its entirety as follows: 1. Property Description. Landlord is the owner of the real property located at 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 further described on Exhibit A (the “Property”) as well as the Monopole on the Property. The Property includes the premises which is comprised of (i) approximately 350 square feet of ground space on which an existing New Cingular Wireless equipment shelter is situated (the “Ground Space”), (ii) space on the Monopole dedicated for Tenant’s exclusive use, and consisting of an envelope of twelve (12) contiguous vertical feet of space within which any portion of Tenant’s communication equipment and improvements might be located, operated or maintained (the “Primary RAD Space”), and (iii) those certain areas where Tenant’s conduits, wires, cables, cable trays and other necessary connections are located between the Ground Space and the Primary RAD Space (the “Connection Space”). The Ground Space, Primary RAD Space and Connection Space are specifically depicted on Exhibit B and hereinafter collectively referred to as the “Premises.” In no event shall Tenant install any equipment on the Monopole at any other location or elevation other than within the Primary RAD Space without Landlord’s written approval, which Landlord may withhold at its sole discretion. The Tenant may update the description of the Premises on Exhibit B to reflect any modifications or changes to the Premises, with such modifications or DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B changes subject to the prior written approval of Landlord. Such approval shall not be unreasonably withheld. 2. Option. Intentionally omitted. 3. Landlord Cooperation. During the Term (as defined below), Landlord shall reasonably cooperate, at no cost or expense to Landlord, with Tenant’s due diligence activities, which shall include, but not be limited to, access to the Property for inspections, testing, and permitting related to the Permitted Uses (as defined below). Landlord agrees to reasonably cooperate with Tenant, at Tenant’s sole cost and expense to obtain all zoning, land use and other applications for permits, licenses and approvals required for the Permitted Uses from all applicable governmental and quasi-governmental entities (collectively, the “Governmental Approvals”). In no event shall Tenant apply for a change in the zoning classification of the Property. Landlord’s reasonable cooperation shall include the prompt execution and delivery of any documents necessary to obtain and maintain Government Approvals or utility services, at locations to be reviewed and approved by Landlord in writing. Additionally, Landlord shall make reasonable efforts to not take any actions which are in conflict with or interfere with Tenant’s Governmental Approvals. 4. Antenna Facilities and Permitted Uses. a) Pursuant to the terms set forth herein, Landlord leases the Premises to Tenant for the installation, construction, maintenance, operation, repair, replacement and upgrade of its equipment, personal property and improvements associated with Tenant’s wireless communications business (the “Antenna Facilities”). Other than in the event the Tenant requires use of a temporary facility under Section 4 Paragraph a, and except as required by Section 4 Paragraph b, in no event shall Tenant construct any tower-like structure on the Premises. The Premises shall be used solely for the transmission and reception of communications signals, and the construction, installation, operation, maintenance, repair, addition, upgrading, removal or replacement of any and all Antenna Facilities. Tenant has the right to modify, supplement, replace, upgrade and expand the equipment at no additional cost to the Tenant or Landlord, only with written approval by Landlord (the “Permitted Uses”). The Premises may not be used for any of other use. The Antenna Facilities shall remain the exclusive personal property of Tenant and shall not be considered fixtures, regardless of whether any portion is deemed real or personal property under applicable law. If necessary to maintain service, Tenant shall have the right to locate a cell-on-wheels, or other temporary antenna facility on the Premises, subject to approval and execution by the Landlord of a temporary permit for that purpose, which approval and execution shall not be unreasonably withheld, conditioned or delayed. In the event Tenant locates a cell-on-wheels, or other temporary antenna facility on the Premises, Tenant shall continue paying the then current Rent amount due to Landlord. Landlord shall reasonably cooperate with the placement of the temporary facility at a mutually acceptable location on the Premises. The Antenna Facilities shall in no way interfere with Landlord’s operations, services, Landlord’s use, or Landlord’s other tenants’ use of Landlord’s Property. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B (b) Tenant shall purchase and install the Monopole upon the Property in accordance with the plans and specifications attached hereto as Exhibit D (the “Plans”). Landlord acknowledges that it has received and approved the Plans for the Monopole. Landlord shall fully cooperate with Tenant in the construction of the Monopole. Tenant shall retain ownership of the Monopole until construction is complete, including the installation of antennas and equipment of Tenant. Ownership of the Monopole and all supporting structures shall transfer to the Landlord upon completion and acceptance of construction and shall continue with the Landlord after termination of this Agreement. Upon such transfer, the Landlord shall be responsible for the maintenance and repair of the Monopole and all supporting structures, except for damage caused by Lessee. Lessee further warrants that, prior to such transfer, it shall own the Monopole and all supporting structures to be installed as described herein, that such facilities will not be subject to any security interests upon installation and that transfer of ownership to the Landlord will be free and clear of encumbrances. (c) Within one hundred twenty (120) days after the expiration or earlier termination of this Agreement, Tenant shall remove, at Tenant’s sole cost and expense, the Antenna Facilities, the existing equipment and cabling, and repair any and all damage to the Premises caused by such removal, and restore the Premises to its condition prior to the Effective Date, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation, nor will Tenant be required to remove from the Premises or the Property any structural steel or any foundations or underground utilities. Any property not so removed shall, at Landlord’s sole option, be deemed abandoned and may be removed and disposed of by Landlord in such manner as Landlord shall determine and at Tenant’s reasonable expense, without notice to Tenant and without any obligation on the part of Landlord to account to Tenant for any proceeds therefrom. Tenant shall reimburse Landlord for any actual and reasonable expense incurred in restoring the Premises should Tenant fail to restore the Premises as provided herein. 5. Lease Term; Commencement Date. a) Landlord and Tenant agree that this Agreement wholly amends and restates the Prior Agreement between Landlord and Tenant and any and all amendments and supplements thereto (the “Prior Agreement”). Landlord and Tenant agree that until the Commencement Date (defined below) of this Agreement, Tenant shall continue to make, and Landlord shall continue to receive, rental and other payments pursuant to the Prior Agreement. Rental, and other payments, pursuant to the Prior Agreement shall be applied and credited against Rent and other payments due under this Agreement. b) The initial lease term of the Agreement shall be five (5) years commencing on the first day of the month following acceptance by the Landlord of the new Monopole tower facility on the Property described at Section 4 Paragraph b, which new Monopole tower is designed to accommodate Tenant’s Antenna Facilities as described herein (the “Commencement Date”) and ending at 11:59 p.m. on the day immediately preceding the fifth (5th) anniversary of the Commencement Date (the “Initial Term”). The Initial Term, together with any Renewal Terms are referred to collectively as the “Term.” In the event the Commencement Date, as herein DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B defined, does not occur on or before February 14, 2023, this Agreement shall terminate and be of no effect, and as of that date the Prior Agreement shall also terminate. c) The Initial Term shall automatically renew for two (2) successive renewal terms of five (5) years each (each a "Renewal Term") as provided herein. Each Renewal Term shall automatically commence, on the same terms and conditions of this Agreement, unless Tenant notifies the Landlord in writing of its intention not to renew at least one hundred eighty (180) days before the expiration of the Term or any Renewal Term, as applicable. d) Thereafter, successive renewal terms of five (5) years each may commence with the mutual and written agreement of and between both parties. Notice of intention to renew by Tenant shall occur at least one hundred eighty (180) days before the expiration of the current Renewal Term. 6. Rent/Other Charges. a) Upon the Commencement Date, Tenant shall pay Landlord rent in the amount of Three Thousand Five Hundred and No/100 Dollars ($3,500.00) per month (the “Rent”). Tenant shall deliver Rent to Landlord at the address specified in Section 15, or to any future payee or address so long as Landlord notifies Tenant in writing or by electronic payment. The first Rent payment shall be due within twenty (20) business days after the Commencement Date. Subsequent Rent shall be payable by the fifth (5th) day of each month. In the event Rent is paid after the fifteenth (15th) of the month, a late rent fee shall apply in the amount of ten percent (10%) of the then current Rent amount. b) During the Term, Rent shall increase annually on each anniversary of the Commencement Date by a rate of four percent (4%). The tracking and payment of the increased Rent amounts shall be the sole responsibility of Tenant. Any outstanding unpaid amounts shall accrue interest at the lesser of ten percent (10%) per annum or the highest interest rate permitted by law. c) Landlord shall reasonably cooperate with Tenant regarding the use of any electronic rent payment systems. 7. Interference. Tenant shall not interfere with the radio frequency communications of Landlord or any of the Landlord’s existing tenants as of the Effective Date. After the Effective Date, Landlord shall not install, or permit any third party to install, any equipment or structures that interfere with or restrict the operations of Tenant. Any such interference shall be deemed material breach of this Agreement by Landlord and Landlord shall remove the cause of the interference within forty-eight (48) hours of notice. Tenant shall have the right to exercise all legal and equitable rights and remedies to end the interference. 8. Utility Services. a) Tenant shall have the right to connect to, maintain, repair, upgrade, remove or replace existing utility related equipment and shall have the right to install new utility related equipment to service its Antenna Facilities, or cell-on-wheels on, or serving the Premises (collectively, the DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B “Utility Facilities”) at Tenant’s sole cost and without interfering with Landlord’s operations, services, Landlord’s other tenants, and at locations to be identified on Exhibit B. b) Tenant shall be responsible for all utilities charges for electricity, or any other utility service used by Tenant on the Premises. Tenant shall ensure installation of separate meters for Tenant’s utility usage. 9. Access and Easements. a) Landlord shall furnish, at no additional charge to Tenant, unimpeded and secure access to the Premises on a 24-hours-a-day, 7-days-a-week basis to Tenant and Tenant’s employees, agents, contractors and other designees. Tenant’s access to the Premises shall not interfere with Landlord’s regular business activities. If Tenant’s access, whether by its employees, agents, contractors, or other designees, interrupts or interferes with Landlord’s emergency response, such interruption or interference shall be deemed a material breach of this Agreement. b) Landlord grants Tenant, at no additional Rent or charge, non-exclusive easements on, over, under and across the Property for ingress, egress, communications, power and other utilities, construction, demolition and access to the Premises and any Utility Facilities in routes identified on Exhibit B (collectively, the “Easements”). Landlord shall not modify, interrupt or interfere with any communications, electricity, or other utility equipment and easements serving the Premises, without first providing ten (10) days written notice to Tenant. If an interruption to the electrical supply will be for an extended period of time, in Tenant’s reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. 10. Termination. Tenant may terminate this Agreement without further liability, upon thirty (30) days prior written notice to Landlord, if Tenant, through no fault of its own, is unable to obtain any Governmental Approval required for the construction or operation of Tenant’s Antenna Facilities. This Agreement may also be terminated by Tenant upon sixty (60) days’ prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other section of this Agreement. Upon Termination, Tenant shall remove all of its existing Antenna Facilities, in accordance with Section 4(c) above. 11. Casualty and Condemnation. a) Landlord will provide notice to Tenant of any casualty or other harm affecting the Monopole within twenty-four (24) hours of the casualty or other harm. If the Premises or Antenna Facilities are damaged or destroyed by wind, fire or other casualty, not caused by Tenant or Tenant’s contractors, Tenant shall be entitled to negotiate, compromise, receive and retain all proceeds of Tenant’s insurance and other claims and Tenant may terminate the Agreement by written notice to Landlord. In the event Tenant elects to terminate the Agreement under this Paragraph 11, Landlord agrees to permit Tenant to place temporary transmission and DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of this Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Monopole and/or the Antenna Facilities, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Monopole and/or the Antenna Facilities is completed. If Landlord determines not to rebuild or restore the Monopole, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant and Tenant decides not to terminate under this Section 11, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant’s Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. b) In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within twenty- four (24) hours. If the Premises, any Easements or Antenna Facilities are taken or condemned by power of eminent domain or other governmental taking, then: (i) this Agreement will terminate as of the date the title vests in the condemning authority, and (ii) Tenant shall be entitled to negotiate, compromise, receive and retain all awards attributable to (A) the Antenna Facilities, (B) Tenant’s leasehold interest in the Property, (C) any moving or relocation benefit available to Tenant and (D) any other award available to Tenant that is not attributable to Landlord’s title to or interest in the Property, provided that any award to Tenant will not diminish Landlord’s recovery. 12. Default and Right to Cure. a) If Tenant is in arrears in the payment of any Rent or any payments due by Tenant to Landlord under this Agreement, or any portion thereof, or is in violation of any other covenants or agreements set forth in the Agreement (a “Default”) and the Default remains uncorrected for a period of thirty (30) days after Landlord has given written notice thereof pursuant to applicable law, then Landlord may, at Landlord’s option, undertake any of the following remedies without limitation: (a) declare the Term of the Agreement ended; (b) terminate Tenant’s right to possession of the Premises and reenter and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and Unlawful Detainer statute; (c) recover all present and future damages, costs, and other relief to which Landlord is entitled; (d) pursue breach of contract remedies; and (e) pursue any and all available remedies in law or equity. In the event possession is terminated by reason of a Default prior to expiration of the Term, Tenant shall remain responsible for the Rent, subject to Landlord’s duty to mitigate such damages. Delay in curing a Default will be excused if due to causes beyond the reasonable control of Tenant. b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord’s failure to provide access to the Premises as required by Section 9 within twenty- four (24) hours after written notice of such failure; (ii) Landlord’s failure to cure an interference DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B problem as required by Section 7 of this Agreement within forty-eight (48) hours after written notice of such failure; or (iii) Landlord’s failure to perform any term, condition or breach of any warranty or covenant under this Agreement within thirty (30) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord’s default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and (ii) any and all other rights available to it under law and equity. 13. Taxes. Landlord shall pay when due all real estate taxes and assessments for the Property, including the Premises. Notwithstanding the foregoing, Tenant shall reimburse Landlord within thirty (30) days of receipt of invoice from Landlord for any personal property tax or real estate tax paid for by Landlord which is attributable to the presence, use, occupancy, or installation of Tenant’s Antenna Facilities during the Term. Landlord shall provide prompt and timely notice of any tax or assessment for which Tenant is liable. Tenant shall have the right to challenge any tax or assessment and Landlord shall cooperate with Tenant regarding such challenge. 14. Insurance and Subrogation and Indemnification. a) During the Term, Tenant shall carry, at its own cost and expense, the following insurance: (i) workers’ compensation insurance as required by law; (ii) Employer’s Liability insurance with limits of One Million Dollars ($1,000,000.00) per accident/ per disease, per employee/ per disease, policy limits; (iii) automobile insurance and (iv) commercial general liability (CGL) insurance per ISO form CG 00 01 or equivalent with respect to its activities on the Property, covering liability arising from premises, operations, personal injury, products/completed operations, and contractual liability, such insurance to afford protection of Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate. The Landlord shall be included as an additional insured on the policy or policies of General Commercial Liability, with respects to this Agreement. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master insurance policy Tenant maintains. Tenant shall each maintain “all risk” or “special causes of loss” property insurance on a replacement cost basis for Tenant’s owned real property. Tenant self-insures this risk. In the event the required policy or policies shall lapse for any reason, Landlord shall have the right, but not the obligation, to obtain a substitute policy or policies, the cost of which shall be borne by Tenant. b) Landlord and Tenant hereby mutually release each other (and their successors and assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of an insured loss, neither party’s insurance company shall have a subrogated claim against the other party. Tenant self-insures its property coverage and in satisfaction of the waiver of subrogation requirement Tenant will include Landlord as joint loss DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B payee to the extent of Landlord’s insurable interest which would have been covered had Tenant purchased property insurance. c) Subject to the property insurance waivers set forth in the preceding subsection (b), Landlord and Tenant each agree, to the extent permitted by law, to indemnify and hold harmless the other party from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands and liabilities, including reasonable attorneys’ fees, to the extent caused by or arising out of: (i) any negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, (ii) any spill or other release of any Hazardous Substances (as defined below) on the Property by the indemnifying party or the employees, agents, contractors, licensees, tenants or subtenants of the indemnifying party, or (iii) any breach of any obligation of the indemnifying party under this Agreement. The indemnifying party’s obligations under this subsection are contingent upon its receiving written notice of any event giving rise to an obligation to indemnify the other party, within ten (10) days the indemnified party becomes aware of such event, and the indemnified party’s granting it the right to control the defense and settlement of the same. d) Tenant shall not be responsible or liable to Landlord or any third party for any claims, damages, costs, expenses, including liens, fines, penalties or other enforcement actions, attributable to any pre-existing violations of applicable laws, codes, ordinances or other regulations relating to the Property (collectively, “Pre-Existing Violations”). To the extent Tenant is or may be required to cure such Pre-Existing Violations in order to obtain any Governmental Approvals for its Permitted Uses of the Premises, however, Tenant shall have the right, but not the obligation, to cure such Pre-Existing Violations and deduct the curative costs from Rent payable under this Agreement. e) The provisions of subsections (b) and (c) above shall survive the expiration or termination of this Agreement. 15. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other party. If to Tenant, to: If to Landlord, to: New Cingular Wireless PCS, LLC City of Wheat Ridge ATTN: Network Real Estate Administration Attn: City Manager Re: Cell Site #COL01219 7500 West 29th Avenue Name: 26th and Wadsworth (CO) Wheat Ridge, CO 80033 FA#: 10093893 1025 Lenox Park Blvd. NE 3rd Floor DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Atlanta. GA 30319 And with a copy to: And with a copy to: New Cingular Wireless PCS, LLC. City of Wheat Ridge ATTN: AT&T Legal Department Attn: City Attorney Re: Cell Site #COL01219 7500 West 29th Avenue Name: 26th and Wadsworth (CO) Wheat Ridge, CO 80033 FA#: 10093893 208 S. Akard Street Dallas, Texas 75202-4206 16. Quiet Enjoyment, Title and Authority. Landlord covenants and warrants that: (a) Landlord has full right, power and authority to execute and perform this Agreement and to grant Tenant the leasehold interest and Easements contemplated under this Agreement; (b) Landlord has good and unencumbered title to the Property, free and clear of any liens or Mortgages (defined below) which shall interfere with Tenant’s Permitted Use or any rights to or use of the Premises; (c) the execution and performance of this Agreement shall not violate any provisions of any Mortgage, lease, or other agreement binding on Landlord; (d) so long as Tenant is not in Default, Tenant’s use and quiet enjoyment of the Premises shall not be disturbed; and (e) Landlord shall be responsible, at its sole cost and expense, for maintaining all portions of the Property. Landlord shall not be required to maintain any equipment or improvements and supplies by Tenant. Tenant covenants and warrants that: (a) Tenant has full right, power and authority to execute and perform this Agreement; (b) Tenant shall be responsible, at its sole cost and expense, for maintaining all portions of the Premises. 17. Environmental Laws. Landlord and Tenant agree that each will be responsible for compliance with all federal, state and local laws in connection with any substances brought onto the Property that are identified by any law, ordinance or regulation as hazardous, toxic or dangerous (collectively, the “Hazardous Substances”). Tenant agrees to be responsible for all losses or damage caused by any Hazardous Substances that it may bring onto the Property and will indemnify Landlord for all such losses or damages, other actions required to comply with applicable law. Landlord represents that it has no knowledge of any Hazardous Substances on the Property. In the event Tenant becomes aware of any Hazardous Substances on the Property, or any environmental, health or safety condition or matter relating to the Property, which was not caused by Tenant, that, in Tenant’s sole determination, renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, then Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 18. Assignment. a) Tenant will have the right to assign, sell or transfer its interest under this Agreement upon notice to but without the approval or consent of Landlord, to any entity controlling, controlled by, or under common control with Tenant, or to any entity which acquires all or DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B substantially all of the Tenant’s assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition, or other business reorganization, provided (a) Landlord is provided written notice of such event and (b) such assignee agrees to assume all liabilities and obligations of Tenant under this Agreement. As to other parties, Tenant’s rights under this Agreement may not be sold, assigned or transferred without the written consent of the Landlord, which such consent or refusal to consent shall be based upon Landlord’s reasonable evaluation of the ability of the proposed transferee to fully and completely carry out all of the obligations of the Tenant for the remainder of the term of this Agreement, including any mandatory option periods. In no event shall Tenant have the right to sublease the Premises or permit the collocation of any third party’s equipment within the Premises without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. Any attempted assignment by Tenant in violation of this Section shall be null and void and of no effect whatsoever. b) Landlord shall be permitted to freely assign this Agreement to the purchaser in connection with a sale of the Property and/or lease space within the Property (excluding the Premises) at all times. Landlord may sell the Property or a portion thereof to a third party, provided: (i) the sale is made subject to the terms of this Agreement; and (ii) if the sale does not include the assignment of Landlord’s full interest in this Agreement, the purchaser must agree to perform, without requiring compensation from Tenant or any subtenant, any obligation of Landlord under this Agreement, including Landlord’s obligation to cooperate with Tenant as provided hereunder. If Landlord, at any time during the Term of this Agreement, decides to sell or otherwise transfer all or any part of the Premises, or all or any part of the Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such sale, or transfer shall be subject to this Agreement and Tenant’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the following documents to Tenant: (i) deed or other instrument transferring the Property; (ii) IRS Form W-9 from the transferee; (iii) completed and signed Tenant Payment Direction Form; (iv) full contact information for the transferee including phone number(s). 19. Relocation. Landlord reserves the right to perform structural maintenance on the Monopole. Landlord must provide Tenant at least one hundred eighty (180) days’ prior written notice of any repairs, maintenance or other work (the “Work”) during the Term of this Agreement which would require the relocation of the Antenna Facilities, absent emergency circumstances, and the opportunity to temporarily relocate and continue to operate its antennas, or otherwise to secure the antennas or the Antenna Facilities generally, to protect them from damage and allow Tenant’s continued operation. Tenant will be permitted to install any type of temporary facility necessary to keep its Antenna Facilities operational. Any maintenance will be conducted by Landlord as diligently and expeditiously as possible. Tenant shall cooperate with Landlord’s request at Tenant’s sole cost and expense. 20. Marking and Lighting Requirements. Landlord acknowledges that Landlord shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Administration and the FCC. Landlord, to the extent permitted by law, shall indemnify and hold Tenant harmless from any fines or other liabilities caused by Landlord's failure to comply with these requirements. 21. Miscellaneous. a) The prevailing party in any litigation or other legal proceedings arising under this Agreement (including any appeals and any insolvency actions) shall be entitled to reimbursement from the non-prevailing party for reasonable attorneys’ fees and expenses. b) This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and Property. Any amendments to this Agreement must be in writing and executed by both parties. c) Landlord agrees to reasonably cooperate with Tenant in executing any documents which Tenant deems necessary to ensure and protect Tenant’s rights in, or use of, the Premises. Landlord shall execute and deliver: (i) a Memorandum of Lease in substantially the form attached as Exhibit C; and (ii) if the Property is encumbered by a deed, mortgage or other security interest (each, a “Mortgage”), a subordination, non-disturbance and attornment agreement using Tenant’s form. d) This Agreement shall be construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for any judicial proceeding under or construing this Agreement shall be proper and exclusive in the state courts for Jefferson County, Colorado. e) If any term of this Agreement is found to be void or invalid, the remaining terms of this Agreement shall continue in full force and effect. Any questions of particular interpretation shall be interpreted as to their fair meaning. f) Each party hereby represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by it, and that no consent or approval is required by any lender or other person or entity in connection with the execution or performance of this Agreement. g) If either party is represented by any broker or any other leasing agent, such party is responsible for all commission fee or other payment to such agent. h) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic copies of this Agreement shall legally bind the Parties to the same extent as original documents. i) No provision of this Agreement shall be construed as a contractual waiver of any immunities or defenses provided to Landlord under the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as amended, or any other applicable law. j) All financial obligations of the Landlord under this Agreement are contingent upon annual appropriation, budgeting, and availability of specific funds to discharge such obligations. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Nothing in this Agreement shall be deemed to create a debt or multiple fiscal year financial obligation of the Landlord, a pledge of the credit of the Landlord, or a collection or payment guarantee by the Landlord. k) Either party shall, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed, (iii) confirming the Rent due under this Agreement and (iv) confirming whether Rent hereunder has been prepaid, and if so, the period of such prepayment. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. l) In the event the Agreement is not fully executed and returned to the other party within thirty (30) days after the date the first party executes the Agreement, the Agreement shall be null and void and the parties shall have no further obligations to each other. m) Upon completion of installation of the Antenna Facilities, Tenant will promptly furnish Landlord with “as built” drawings and copies of the following verifications: (a) site photos, and (b) building permit and related building and electrical inspection and (c) lien releases from its contractor(s), as applicable. n) Other than as specifically provided for herein, neither party shall be entitled to claim or recover any form of damages, including without limitation, punitive, consequential, exemplary or economic, including lost profits. o) Landlord waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof. The Antenna Facilities shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant’s right to remove all or any portion of the Antenna Facilities from time to time in Tenant’s sole discretion and without Landlord’s consent. DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B LANDLORD: City of Wheat Ridge, a Municipal corporation of the State of Colorado By: Printed Name: Bud Starker Title: Mayor Date: ATTEST: _____________________________ Stephen Kirkpatrick, City Clerk [seal] APPROVED AS TO FORM: ________________________________ Gerald Dahl, City Attorney TENANT: New Cingular Wireless PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation, its Manager By: Printed Name: Title: Date: [Landlord Notary block] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) This instrument was acknowledged before me on ________________________ by ____________________________, [title] ___________________________ of City of Wheat Ridge , a municipal corporation, on behalf of said City of Wheat Ridge. Dated: ________________________ Notary Public Print Name ______________________________________ My commission expires _______________________________ DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B 26-May-2022 | 3:45 PM PDT Ashwani Goel Director of Engineering TENANT ACKNOWLEDGMENT STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT A Legal Description The Property is legally described as follows: PARCEL 1 Lot 1, Block 3, BARTH’S SUBDIVISION excepting the North ½ of the East ½ of said Lot and the West 6 feet of said parcel therefrom, County of Jefferson, State of Colorado. AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County Commissioners and Commissioner Joanne K. Paterson by Commissioners Deed dated September 23, 1976 and recorded October O6, 1976 in Deed Book 2911, Page 920. PARCEL 2 North ½ of the East ½ of Lot 1, Block 3, BARTH’S SUBDIVISION except the East 25 feet as described in book 722 at page 353, County of Jefferson, State of Colorado. AND BEING the same property conveyed to City of Wheat Ridge, a municipal corporation from County of Jefferson, State of Colorado acting by and through its duly constituted and appointed Board of County Commissioners and Commissioner Robert Clement by Commissioners Deed dated March 13, 1979 and recorded April 20, 1979 in Instrument No. 79034601. Tax Parcel No. 39-264-15-001 DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT B Subject to the terms and conditions of this Agreement, the location of the Premises is and depicted as shown below or in the immediately following attachment(s). Construction drawings to be inserted prior to Agreement signing DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B EXHIBIT C MEMORANDUM OF LEASE A Site Lease Agreement (the “Agreement”) by and between City of Wheat Ridge (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Tenant”) was made regarding a portion of the following property (as more particularly described in the Agreement, the “Premises”): See Attached Exhibit A incorporated herein for all purposes. Without limiting the terms and conditions of the Agreement, Landlord and Tenant hereby acknowledge the following: 1. Capitalized terms used, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. 2. The Agreement shall initially be for five (5) years and will commence on the date set forth in the Agreement (the “Commencement Date”). 3. Tenant shall have the right to extend the Agreement for two (2) additional and successive five- year terms. 4. After two (2) Renewal periods, Tenant may extend the Agreement for additional and successive five-year terms providing mutual agreement with Landlord is attained. 5) This memorandum is not a complete summary of the Agreement. It is being executed and recorded solely to give public record notice of the existence of the Agreement with respect to the Premises. Provisions in this memorandum shall not be used in interpreting the Agreement’s provisions and in the event of conflict between this memorandum and the said unrecorded Agreement, the unrecorded Agreement shall control. 6. This memorandum may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto were upon the same instrument. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last party to sign. [SIGNATURES ARE ON THE FOLLOWING PAGE] DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B LANDLORD: TENANT: City of Wheat Ridge New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation, its Manager By: By: Printed Name: Printed Name: Title: Title: Date: Date: [Landlord Notary block] STATE OF ____________________ ) ) ss. COUNTY OF __________________ ) This instrument was acknowledged before me on ________________________ by ____________________________, [title] ___________________________ of City of Wheat Ridge , a municipal corporation, on behalf of said City of Wheat Ridge. Dated: ________________________ Notary Public Print Name ______________________________________ My commission expires _______________________________ DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Ashwani Goel Director of Engineering 26-May-2022 | 3:45 PM PDT [Tenant Acknowledgement] STATE OF ) ) ss: COUNTY OF ) On the _____ day of ___________________, 20___, before me personally appeared ___________________, and acknowledged under oath that he/she is the _____________________ of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, the Tenant named in the attached instrument, and as such was authorized to execute this instrument on behalf of the Tenant. Notary Public: My Commission Expires: DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B Exhibit D Plans and Specifications for the installation of the Monopole DocuSign Envelope ID: 9132CF38-16A8-4A85-9AB1-ACCC01C4011B DRIVING DIRECTIONS SITE INFORMATION 26TH & WADSWORTH COL01219 10093893 VICINITY MAP CONTACT INFORMATION LTE - 3C/4C/4T4R/5C MONOPOLE LOCAL MAP T-1 UNDERGROUND SERVICE ALERT UTILITY NOTIFICATION CENTER OF COLORADO (800) 922-1987 WWW.UNCC.ORG 11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED ENGINEERING PROJECT DESCRIPTION · · · · · · · · · · · · · · · · · · · · · · · · · · · · GENERAL NOTESSITE PHOTO DRAWING INDEX 10/11/2021 C-1 10/11/2021 C-1.1 10/11/2021 C-2 2 1 10/11/2021 C-3 21 10/11/2021 C-4 1 2 10/11/2021 C-5 32 1 10/11/2021 C-6 1 3 4 5 2 10/11/2021 C-7 1 4 7 2 5 3 6 10/11/2021 C-7.1 1 4 7 2 5 8 3 6 9 10/11/2021 C-8 1 4 2 5 3 A3A4 Raycap B1 B2 Raycap B3B4 Raycap C1C2 Raycap C3 C4 Raycap A1 A2 Raycap m m B3B4 Raycap C1C2 Raycap C3C4 Raycap A3A4 Raycap B1B2 Raycap A1A2 Raycap 10/11/2021 C-9 1 4 7 2 5 8 3 6 9 10/11/2021 C-10 1 4 7 2 5 8 3 6 9 10/11/2021 E-1 1 4 2 3 10/11/2021 E-2 10/11/2021 G-1 ” 10/11/2021 G-2 ” 3 10/11/2021 G-3 1 4 7 2 5 8 3 6 10/11/2021 GN-1 10/11/2021 GN-2 10/11/2021 GN-3 10/11/2021 GN-4 10/11/2021 GN-5 10/11/2021 GN-6 10/11/2021 ITEM NO: 5 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2022 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/27/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ City Attorney City Manager ISSUE: Accessory Dwelling Units (ADUs) are smaller, independent residential dwelling units located on the same property as a single-unit home, and can be attached or detached from the main house. ADUs have been identified as one component of the “missing middle” which helps increase housing options in Wheat Ridge. This ordinance proposes to legalize ADUs as an accessory use to single-unit homes, while providing flexibility for homeowners in terms of design, location, and development standards. This ordinance is a response to specific policy direction from City Council based on staff presentations, public feedback, and lessons learned from peer communities. In addition to providing a regulatory pathway forward for new ADUs, the ordinance also creates a pathway in certain circumstances for existing ADUs to be legalized. Council Action Form – Accessory Dwelling Units June 27, 2022 Page 2 PRIOR ACTION: ADUs have long been included in public processes and discussions in Wheat Ridge, dating back to 2015. A full summary of the public process to date will be included with the materials for second reading. City Council gave specific policy direction to staff in November 2021 to draft an ordinance allowing ADUs in Wheat Ridge. That direction was refined in April 2022 when staff returned to City Council for an additional study session. The content of the proposed ordinance is based on the ordinance framework presented to Council in April 2022 as well as additional policy direction given at that meeting. Planning Commission reviewed the proposed ordinance at a public hearing on June 2, 2022 and recommended approval. Meeting minutes from the Planning Commission hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: The City is expected to gain revenue from building permit applications for new ADUs. BACKGROUND: Current Code The City’s zoning code (Chapter 26) does not specifically define Accessory Dwelling Units but does have a definition for dwelling unit. A dwelling unit is defined in Section 26-123 as: A building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall, and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Section 26-625 (Accessory buildings and structures) provides regulations on accessory buildings, which are buildings incidental or subordinate to the principal use and structure on a property. Section 26-625.C.1.c.iv specifically prohibits dwelling units to be located within accessory buildings “except as otherwise expressly allowed.” No other portions of the code expressly allow dwelling units in accessory buildings, so effectively detached ADUs are not permitted in the City of Wheat Ridge. Where multiple units are permitted by virtue of the zoning, lot size, and lot width; then the code requires they be attached units. For example, a duplex is required to be two attached units. Because the multiple dwelling units are each considered a primary use, they are required to have their own utility taps and can be sold separately. A Planned Building Group (Section 26-116) can be reviewed to allow multiple primary structures on a property, but these are rare in a residential context and do not relate to accessory structures. Council Action Form – Accessory Dwelling Units June 27, 2022 Page 3 ADUs, attached or detached, are intended to be subordinate to the principal dwelling unit on the property, so they differ from the existing forms of multiple units already allowed in the City. They differ from other housing types already considered within the code. Proposed Code Amendment The proposed code amendment is based on the consensus of City Council from the November 2021 and April 2022 study sessions. • Location Permitted: ADUs are permitted in all residential, agricultural, new PRD/PMUD, and MU-N zone districts as an accessory use to a single-unit home. • Types of ADUs permitted: Detached and attached. • Review required: ADUs are subject to administrative review through review of a building permit application. • Minimum lot size for ADU: None. Existing building coverage and setback requirements already limit size/location of ADUs. ADUs are exempt from any density restrictions because they are not primary dwellings and cannot be sold separately. • Owner occupancy requirement: The primary dwelling unit or ADU must be occupied by the property owner. The ADU cannot be sold separately from the primary dwelling unit. This will be enforced through a deed restriction signed and recorded prior to Certificate of Occupancy. Some exceptions will be made for properties which currently exist as rental properties (i.e. both the primary unit and ADU are being rented). • Size restrictions: o Not to exceed 50% of the gross floor area of the primary dwelling unit or 1,000 square feet, whichever is more restrictive. o Exception for attached ADUs in basement: The above size requirements do not apply, but an attached ADU in a basement may not exceed the area of the first floor of the same structure. • Height: Not to exceed 25 feet (for a detached ADU), and bulk plane regulations apply. For attached ADUs, the height requirements of the primary structure apply (typically 35 feet in all residential zone districts). • Maximum number of ADUs per lot: One (1). • Parking: No additional off-street parking requirement beyond what is required for a single- unit home. • Nonconforming and existing ADUs: The City will allow owners of property with existing structures that may qualify as ADUs (nonconforming or unsanctioned) to apply for legal ADU status. Zoning requirements will not have to be met for existing structures but building code requirements may apply in order to address life safety concerns, electrical upgrades, and fire separation. A grace period will allow for property owners to come forward without fear of penalty. This approach has been a high priority for City Council who provided specific policy direction to staff on this topic at the April 2022 study session. Additional Components of Ordinance • Short-term rentals: An ADU may be a short-term rental (STR) provided the host continuously resides on the same property. Because the ADU ordinance requires a Council Action Form – Accessory Dwelling Units June 27, 2022 Page 4 property owner to live in the primary or accessory dwelling unit, this will allow an ADU to be an STR and considered an owner-occupied (or partial) short-term rental. This code update does not change the regulatory approach for STRs, but it provides additional clarification on the relationship between ADUs and STRs. • New and updated definitions: Definitions for ADU, detached ADU, and attached ADU will be added to the code. Existing definitions for single-family, duplex, and multifamily will be revised so that all terminology within the code is consistent (see next bullet point). • Replacement of housing terms: The zoning code contains discrepancies in the definitions of housing types. The Mixed Use code (Article XI of Chapter 26) was adopted in 2010 to create mixed use districts and to modernize use categories. This resulted in different terms being used in the rest of Chapter 26 to define the same housing type, which results in confusion and multiple parallel definitions. City Council supported changing instances of “one-family”, “two-family”, and “multifamily” in the code to “single-unit” or “single detached dwelling”, “duplex” or “two-unit”, and “multi-unit” or “multiple dwellings”, respectively. This will help modernize the code and create consistency throughout Chapter 26. Per the City Attorney, this is considered a conforming amendment since existing definitions are already being revised and new ones being added for the ADU ordinance. Notice for this public hearing was provided as required by the Wheat Ridge Code of Laws (“Code”). RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of accessory dwelling units and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, July 11, 2022 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect August 1, 2022.” Or, “I move to postpone indefinitely Council Bill No. 15-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of accessory dwelling units and making conforming amendments therwith, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Jerry Dahl, City Attorney Council Action Form – Accessory Dwelling Units June 27, 2022 Page 5 Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH 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 (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the comprehensive plan for the City of Wheat Ridge, Envision Wheat Ridge, contains goals for increasing the types of housing options available in the community; and WHEREAS, public input over the last six years has indicated consistent support for accessory dwelling units (ADUs) among community members; and WHEREAS, the Council recognizes ADUs can play an important role in addressing housing need, affordability, and intergenerational households; and WHEREAS, the Council finds that it is necessary to adopt regulations allowing ADUs within the City of Wheat Ridge; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-115.C.1 of the Wheat Ridge Code of Laws, concerning administrative variances, is hereby amended as follows: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the “development standards” pertaining to zone districts in article II and sections 26-501 (off-street parking) and 26-502 (landscaping requirements), and 26-603 (fencing), 26-646.B (development standards for ADUs) and article VII (signage) of this chapter, which apply through the various zone district regulations and in other situations ATTACHMENT 1 2 which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a. The variance does not exceed fifty (50) percent of the minimum or maximum standard; and b. The director of community development finds that a majority of the criteria as set forth in subsection C.4 hereof, are substantially complied with and support the request; and c. The director of community development has notified adjacent property owners and occupants by letter notice and posting of the site for at least ten (10) days prior to rendering the decision, and that no objections have been received during such ten-day period. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection. d. That no additional dwelling units would result from approval of such variance., other than an accessory dwelling unit. e. In no instance shall the community development director hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter nor shall the limitations of Charter section 5.10.1 be exceeded. Section 2. Section 26-120.C.1 of the Wheat Ridge Code of Laws, concerning nonconforming structures and uses, is hereby amended as follows: 1. Any onesingle- or two-familyunit dwelling structure or customary accessory structure may be enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. The residential bulk plane standards set forth in subsection 26- 642.A shall apply to any enlargement, alteration, or addition of or to both the primary structure and any accessory structures to the primary structure. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units., with the exception of an accessory dwelling unit. Section 3. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: 3 Accessory dwelling unit. A dwelling unit located on the same lot with a single detached dwelling and subordinate in size and purpose to the primary dwelling. Accessory dwelling unit, attached. An accessory dwelling unit that is a distinctly separate unit from the primary dwelling unit but is physically attached to or is integrated within the same structure as the primary dwelling unit, including a basement, addition, floor, or portion of a floor. Accessory dwelling unit, detached. An accessory dwelling unit that is located within an accessory structure on the same lot as the primary dwelling unit. … Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building or use on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, detached accessory dwelling units, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. An urban garden use may but is not required to have a main building. Except for urban garden uses, an accessory building must be clearly subordinate to a main building located on the same lot and an accessory structure shall not be located on a vacant lot devoid of a main building. … Dwelling, one-family Dwelling, single detached. A building designed for occupancy by not more than one (1) family. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single-unit dwelling. Dwelling, two-family Dwelling, duplex. A building designed for occupancy by two (2) families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls either in a stacked configuration or side-by-side configuration. Also referred to as two-unit dwelling. 4 Dwelling, multiple. A building or group of buildings designed for occupancy by three (3) or more families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side-by side configuration. Also referred to as multi-unit dwelling. Section 4. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Accessory Uses for Residential Zone Districts Notes Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling Section 5. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Agricultural and Public Facilities Districts Accessory Uses Notes Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling Section 6. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) … Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 30' (c) 15' 15' Minor 10' 200 sf N/A N/A 30' (c) 5’ 5’ Accessory dwelling 25’ (f) Floor area N/A N/A 30’ (c) 15’ 15’ 5 unit, detached limited to 50% of principal, or 1,000 sf, whicheve r is less … (f) Bulk plane regulations shall apply in accordance with section 26-642. Section 7. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) … Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 25' (c) 5' if ≤10' in height, 10' if >10' in height 5' if ≤10' in height, 10' if >10' in height Minor 10' 400 sf N/A N/A 25' (c) 5’ 5’ Accessory dwelling unit, detached 25’ (f) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (c) 5’ if ≤ 10’ in height, 10’ if > 10’ in height 5’ if ≤ 10’ in height, 10’ if > 10’ in height … (f) Bulk plane regulations shall apply in accordance with section 26-642. Section 8. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: 6 B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (f) Major 15' 600 sf N/A N/A 25' (d) 5' 5' if ≤10' in height; 10' if >10' in height Minor 10' 300 sf N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (h) Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height, 10’ if > 10’ in height … (h) Bulk plane regulations shall apply in accordance with section 26-642. Section 9. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (e) Major 15' (f) 600 sf N/A N/A 20' (d) 15' 15' Minor 10' (f) 300 sf N/A N/A 20' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (f) Floor area limited to 50% of N/A N/A 20’ (d) 5’ 5’ 7 principal, or 1,000 sf, whichever is less Section 10. Section 26-209.B (Residential-Two District (R-2)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (f) Major 15' 1,000 sf per unit N/A N/A 25' (d) 5’ 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (h) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (h) Bulk plane regulations shall apply in accordance with section 26-642. Section 11. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: 8 Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (d) 15' 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf/4 d.u. N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (i) Bulk plane regulations shall apply in accordance with section 26-642. Section 12. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) … Accessory Buildings (g) Major 15' (h) (i) 600 sf (per unit) N/A N/A 25' (e) 5' 5' if ≤10' in height; 10' if >10' in height Minor 10' (h) (i) 400 sf/4 d.u. N/A N/A 25' (e) 5’ 5’ 9 Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height Section 13. Section 26-212.B (Residential-Three A District (R-3A)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) … Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (e) 15' 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf/4 d.u. N/A N/A 25' (e) 5’ 5’ Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (i) Bulk plane regulations shall apply in accordance with section 26-642. Section 14. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: 10 B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) … Accessory Buildings (e) Major 35' 25% N/A N/A 30' (c) 15' 5' Minor 35' 25% N/A N/A 30' (c) 15’ 5’ Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 30’ (c) 15’ 5’ Section 15. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (e) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) … Accessory Buildings (f) Major 35' 25% N/A N/A 30' (c) 15' 15' Minor 35' 200 sf N/A N/A 30' (d) 5’ 5’ Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 30’ (c) 15’ 5’ 11 Section 16. Section 26-312 of the Wheat Ridge Code of Laws, concerning planned residential development (PRD) district regulations, is hereby amended by the addition of a new subsection L, as follows: L. Any planned residential development approved on and after August 1, 2022, which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 17. Section 26-316.B of the Wheat Ridge Code of Laws, concerning planned mixed use development (PMUD) district regulations, is hereby amended as follows: B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. Extended stay lodging shall be permitted only in planned mixed use districts and planned commercial districts, and only as a special use subject to the standards in chapter 11, article XVI. Any planned mixed use development approved on and after August 1, 2022 which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 18. Section 26-414.A.2.b of the Wheat Ridge Code of Laws, concerning exemptions from the parkland dedication requirement, is hereby amended as follows: b. Exemptions. Nursing homes and similar confined care or skilled nursing facilities are exempt from the requirements of this section. i. Nursing homes and similar confined care or skilled nursing facilities. ii. Accessory dwelling units. Section 19. Section 26-625 of the Wheat Ridge Code of Laws, concerning accessory buildings and structures, is hereby amended by deletion of subsection C.1.c.iv as follows: iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. Section 20. Section 26-626 of the Wheat Ridge Code of Laws, concerning residential uses in commercial zones; conditions, is hereby amended by the deletion of subsection D, revision of subsection E, and appropriate re-lettering of the remaining subsections: D. Residential dwelling units shall be no less than five hundred (500) square feet each. 12 DE. Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. Parking shall be supplied at the rate of one (1) space per dwelling unit. Section 21. Section 26-646.C of the Wheat Ridge Code of Laws, concerning allowances for short-term rental hosts, is hereby amended as follows: C. Maximum number per short-term rental host: A short-term rental host, as defined in Section 26-123 (“short-term rental host”), may operate a short-term rental in up to one (1) dwelling unit not occupied by the host (a “whole-home” rental), and in up to one (1) dwelling unit occupied by the host (a “partial-home” rental) where a portion of the dwelling unit, such as a room or rooms, functions as a short-term rental, so long as the host continuously resides in the dwelling unit or on the same property in either the primary or accessory dwelling unit through the duration of the rental. This maximum shall apply to all types of dwelling units in all zone districts, except for the following: 1. Apartments and mixed use developments: A short-term rental host, as the owner of an apartment or mixed-use development in the Mixed Use – Neighborhood (MU-N), Mixed Use – Commercial (MU-C) series, and Commercial-One (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For apartment and mixed-use developments with greater than forty (40) dwelling units in these zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four already permitted by this section. For the purposes of this subsection, an apartment or mixed-use development shall mean one or multiple contiguous properties under one ownership with one or more multifamily or mixed-use buildings. 2. Condominium developments: For condominium developments (those which have a recorded condominium plat allowing for individually-owned dwelling units) in any zone district, each individual dwelling unit owner is eligible, as a short-term rental host, to operate a short-term rental as provided by subsection C of this section, provided that the maximum number of such rentals allowed by subsection C.1 is not exceeded in the development. 3. Accessory dwelling units: A short-term rental shall be permitted to operate within an accessory dwelling unit and shall be considered an owner-occupied or partial-home short-term rental. Section 22. A new Section 26-646 (Accessory dwelling units) is hereby adopted within Chapter 26, Article VI, Supplementary Regulations, to read as follows: Sec. 26-646. – Accessory dwelling units Accessory dwelling units, as defined in Section 26-123, are subject to the following requirements: 13 A. Eligible zone districts: An accessory dwelling unit (ADU) shall be permitted as an accessory use to single detached dwellings in all residential and agricultural zone districts and in the mixed use-neighborhood (MU-N) zone district. Planned residential developments and planned mixed use developments that are approved on and after August 1, 2022 and that allow single detached dwelling units as a primary use shall also allow ADUs as an accessory use. B. Development standards: a. Detached accessory dwelling units shall be subject to the accessory building development standards for the zone district in which they are located, set forth in sections 26-205 to 26-214 and this section, including bulk plane requirements for ADUs located in residential zone districts. b. Attached accessory dwelling units shall be subject to the principal building development standards for the zone district in which they are located, set forth in sections 26-205 to 26-214 and this section, including bulk plane requirements for ADUs located in residential zone districts. c. Size: The floor area of an accessory dwelling unit shall not exceed fifty (50) percent of the gross floor area of the primary dwelling unit, or one thousand (1,000) square feet, whichever is more restrictive. As an exception to this rule, an attached accessory dwelling unit in a basement or second floor may exceed this allowance, provided the area does not exceed the area of the first floor of the same structure. d. Height: A detached accessory dwelling unit in any zone district may not exceed 25 feet in height. C. Parking: No additional parking spaces shall be required. Parking requirements for short-term rentals may apply if the ADU is being operated as a short-term rental, subject to the standards in section 26-645.D.6. D. Maximum number: A maximum of one (1) accessory dwelling unit shall be permitted per property. E. Owner occupancy: a. The property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the primary dwelling unit or the ADU. b. Deed restriction: As a condition of and prior to approval of an ADU, or issuance of building permit for the ADU (or at a later time if determined by the director as appropriate for the proposed initial or later use of the property), the property owner shall be required to execute a declaration of restrictions, binding upon successors and assigns, in a form approved by the City Attorney, to be recorded by the City with the Jefferson County Clerk and Recorder, which requires that: 1. The ADU shall not be sold separately from the primary dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision can be accomplished in accordance with all provisions of this Code; 14 2. The primary dwelling unit or the ADU shall be occupied by the property owner; and 3. Failure to continuously comply with deed restrictions may subject the owner of the property to penalties provided for in this Code, including the revocation of the certificate of occupancy or completion. c. Removal of deed restriction: In the event the ADU is demolished or modified such that it no longer functions as an ADU, the community development director shall record appropriate documentation releasing such encumbrance upon written request of the property owner. F. Nonconforming properties: a. Owners of property currently containing structures or portions of structures which may fall within the definition of ADU under section 26-123, are hereby granted the right to apply to the City for approval of the same until August 1, 2024. Following that date, and in the absence of City approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the City, the deed restriction requirement of subsection E shall apply. Development standards of subsection B do not apply. b. A building permit shall be required for any construction or modification of the ADU to bring the structure into compliance with applicable building codes, to the extent practical, as determined by the community development director, in consultation with the chief building official. A building permit is not required to the extent the ADU is determined to be legally nonconforming pursuant to Section 26-120 as documented by proof provided by the owner and to the satisfaction of the community development director. c. If a property contains more than one (1) ADU, deemed lawful pursuant to subsections F.a and F.b by August 1, 2024, those ADUs shall be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code Section 26-120.C. d. The owner occupancy requirement of this section shall not apply to properties which, on August 1, 2022 (as documented by proof provided by the owner and to the satisfaction of the community development director), contain a primary dwelling and ADU, neither of which are occupied by the owner. In the event the property is sold or the owner commences occupancy of either the primary dwelling or ADU, this exemption from the application of the owner occupancy requirements of this section shall expire. e. Properties containing existing nonconforming accessory structures may be eligible for conversion of those structures to an ADU only to the extent a 15 variance to address nonconforming elements is first obtained pursuant to Section 26-115. G. Existing development on lot. A single detached dwelling unit must exist as a primary dwelling unit on the lot or parcel or be constructed simultaneously with the ADU. A certificate of occupancy or completion for an ADU will only be issued after or coincident with issuance of the same for the primary dwelling unit. Section 23. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by inserting a new row concerning ADUs as follows: Permitted Uses Use Group MU-C MU-C Int MU-C TOD MU-N Ancillary Uses Accessory dwelling unit (see § 26-646), as an accessory use to a single detached dwelling NP NP NP P Section 24. The following definitions within Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Article XI of Chapter 26 of the Code concerning mixed use zoning, are hereby amended, as follows: Dwelling, duplex. A building designed for occupancy by two (2) families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls either in a stacked configuration or side-by-side configuration. Also referred to as two-unit dwelling. … Dwelling, single detached. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single-unit dwelling. Section 25. All references to the terms “single-family,” “two-family,” and “multi- family” within Chapters 21 and 26 are hereby replaced with the terms “single-unit” or “single detached”, “duplex,” and “multi-unit” as enumerated in the attached Exhibit 1. Section 26. 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 16 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 27. Effective Dates; Compliance Required. This Ordinance shall take effect on August 1, 2022, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 27th day of June, 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 July 11, 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 and that it takes effect on August 1, 2022. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 11th day of July, 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: June 30, 2022 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us 17 Exhibit 1 The terms “single-family”, “two-family”, and “multi-family” are hereby replaced in the listed sections, as follows: 26-103.B Replace "single and two-family" with "single detached and duplex" 26-103.E Replace "single-family" with "single-unit dwelling" 26-111.A Replace "single-family dwelling or one-duplex dwelling" with "single-unit dwelling or two-unit dwelling" 26-117.C Replace "multifamily" with "multi-unit" 26-117.D Replace "multifamily" with "multi-unit" (three instances) 26-117.D Replace "single-family or two-family" with "single-unit or two-unit" 26-120.B Replace "single-family" with "single-unit" and “single-family residence” with “single-unit dwelling” 26-123 Definition of Bed and breakfast rooms: Replace "one-family" with "single detached" (both instances) 26-123 Definition of Manufactured Home: Replace "single-family" with "single-unit or accessory" 26-204 (Residential Table of Uses) Replace "One-family dwelling" with "Single detached dwelling" Replace "Two-family dwelling" with "Duplex dwelling" Replace "Three-family dwelling" with "Three-unit dwelling" Replace "Four-family dwelling" with "Four-unit dwelling" Replace "Multifamily dwelling" with "Multi-unit dwelling" For Farmers' markets use, update notes: Replace "single- or two-family home" with "single- or two-unit dwelling" In Accessory Uses table, for Farmers' markets, update notes: "Replace "single- or two-family home" with "single- or two-unit dwelling" 26-204 (Agricultural and Public Facilities Table of Uses) Replace "One-family dwelling" with "Single detached dwelling" 26-205.B (R-1) Replace "One-family dwelling" with "Single detached dwelling" 26-206.B (R-1A) Replace "One-family dwelling" with "Single detached dwelling" 26-207.B (R-1B) Replace "One-family dwelling" with "Single detached dwelling" 26-208.A (R-1C) Replace "single-family" with "single-unit" 26-208.B (R-1C) Replace "One-family dwelling" with "Single detached dwelling" 26-209.B (R-2) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" 26-210.B (R-2A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling” Footnote d: Replace "one- or two-family" with "single- or two-unit" Footnote e: Replace “multifamily” with “multi-unit” Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings” 26-210.C (R-2A) Replace "single- or two-family homes" with "single- or two-unit dwellings" 18 26-211.B (R-3) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and replace “Multifamily” with “Multi-unit dwelling” Footnote e: Replace "one- or two-family" with "single- or two-unit" Footnote f: Replace "multifamily" with "multi-unit" Footnote i: Replace "one-family" with "single detached" Footnote i (after bulk plane line): Replace “multifamily dwelling units” with “multi-unit dwellings” 26-211.C (R-3) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-212.B (R-3A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling” Footnote e: Replace "one- or two-family" with "single- or two-unit" Footnote f: Replace “multifamily” with “multi-unit” Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings” 26-212.C (R-3A) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-213.A (A-1) Replace "single-family" with "single-unit" 26-213.B (A-1) Replace "One-family dwelling" with "Single detached dwelling" Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling" 26-213.C (A-1) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-214.B (A-2) Replace "One-family dwelling" with "Single detached dwelling" Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling" 26-214.C (A-2) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-215.C (PF) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-307.D Replace "single- and two-family" with "single- and two-unit dwelling" 26-412.D.2.b Replace "in a single family area" with "in an area predominately consisting of single detached dwellings" 26-417.E.2.b Replace "Multifamily" in title with "Multi-unit" and in subset "i" 26-417.E.2.c Replace "Single- or two-family" in title with "Single- or two-unit", in title and in subset "i" 26-420 Replace “multi-family” with “multi-unit residential” in the section heading. Replace all instances of “multi-family” throughout following the instructions below (in order of appearance): • A, 1st para: Replace “multi-family dwelling units” with “multi-unit dwellings” • A, 1st para: Replace “multi-family” with “multi-unit” • A, 1st para: Replace “multi-family” with “multi-unit” • A, 2nd para: Replace “MULTI-FAMILY DWELLING UNITS” with “MULTI-UNIT DWELLINGS” • A: 2nd para: Replace “MULTI-FAMILY” with “MULTI-UNIT” (both instances) • A, 3rd para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT” • A, 4th para: Replace “MULTI-FAMILY” with “MULTI-UNIT” • A, 6th para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT” • B, 1st para: Replace “multi-family” with “multi-unit” 26-501.B Replace "single-family" with "single detached dwelling" 26-501.B.7 Replace "single and two-family" with "single- and two-unit" 26-501.E.1.c.iv Replace "Multifamily" with "Multi-unit dwelling" (both instances) 26-501.E.2, Table 6 (Summary Chart) In Multifamily elderly housing… category, replace "Multifamily" with "Multi unit" 19 In Multifamily residential category, replace "Multifamily" with "Multi unit" Replace "New single- and two-family residential" category with "New single- and two-unit dwellings" In Residential group homes category, replace "single-family residential" in requirements column with "single-unit" 26-501.E.4.a.i Replace "multifamily" with "multi-unit dwelling" 26-501.E.4.b, Table 7 Replace "multifamily" with "multi-unit dwelling" 26-501.E.5 Replace "single-family" with "single detached", Replace "one- or two-family" with "single- or two-unit" 26-501.E.9 Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.b Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.c Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.k Replace "multifamily" with "multi-unit dwelling" (both instances) 26-501.E.12.l Replace "one- and two-family" with "single- and two-unit" 26-501.F.1 Replace "one- or two-family" with "single- or two-unit" 26-501.F.2.a Replace "one- and two-family" with "single- and two-unit" 26-501.F.2.b Replace "one- and two-family" with "single- and two-unit" 26-501.G.3.d.iii Replace "multi-family" with "multi-unit dwelling", replace next “multi-family” with “multi-unit”, and replace "multifamily" with "multi-unit" 26-501.H.10 Replace "one- or two-family" with "single- or two-unit" (both instances) 26-502.B Replace "multi-family" with "multi-unit dwelling" 26-502.C.5 Replace "single-family" with "single-unit" 26-502.D.1 Replace "Single- and two-family" with "Single detached and duplex" 26-502.D.1.c Replace "single family and two family residences" with "single detached and duplex dwellings" 26-502.D.2 Replace "Multifamily" with "Multi-unit" 26-502.D.2.e Replace "multi-family" with "multi-unit dwelling" 26-503.C.3, 8, and 9 Replace "multifamily" with "multi unit" (3 instances in Sec. 26-503) 26-603.B.2.c.v Replace "single and two family homes" with "single- and two-unit dwellings" 26-608 Replace "one-family" with "single detached" 26-608.B.3 Replace "one-family" with "single detached" 26-614.A.2 Replace "one- or two-family" with "single- or two-unit” 26-614.B Replace "One- and two-family" with "One- and two-unit” 26-614.D Replace "multi-family" with "multi-unit dwelling" 26-615.D.7.b Replace "single- or two-family" with "single- or two-unit” 26-615.D.7.d Replace "multi-family with "multi-unit dwelling" 26-616.F.1.b Replace "multifamily" with "multi-unit dwelling" 26-621.I Replace "multi-family" with "multi-unit" and "multifamily" with "multi-unit" 26-638.A Replace "one-family, two-family, or multi-family" with "single-unit, two-unit, or multi-unit" 26-639.C.7 Replace "family" with "unit" (both instances) 26-645.C.1 Replace "multifamily" with "multi-unit dwellings" 20 26-645.E.1 Replace "single- and two-family" with "single- and two-unit", Replace "single-family attached townhomes" with "single attached townhome" 26-709.B.1 Replace "single-family and duplex units" with "single detached and duplex dwellings" 26-709.B.2 Replace "Multifamily" with "Multi-unit" 26-709.C, Table 1 Replace "Multifamily" with "Multi unit" 26-709.C, Table 2 Replace "Multifamily" with "Multi unit" 26-710.J.6 Replace "multifamily" with "multi-unit dwelling" 26-711.I.3 Replace "multifamily" with "multi-unit dwellings" (both instances) 26-1104.G Replace "single- or two-family" with "single- or two-unit” 26-1105.C Replace "single- or two-family" with "single- or two-unit" (in table) 26-1106.H.1 Replace "single- or two-family" with "single- or two-unit” 26-1106.H.2 Replace "single- or two-family" with "single- or two-unit" 26-1109.J.2 Replace "multifamily" with "multi-unit" 26-1301.A Replace “multi-family” with “multi-unit residential” in subsections 1 and 2. 26-1302 In “association”, replace “multi-family” with “multi-unit” (both instances) In “homeowner”, replace “multi family” with “multi-unit” and “multifamily” with “multi-unit residential” 26-1303 Replace “multi-family” with “multi-unit” and “multifamily” with “multi-unit residential” 21-124.a(3) Replace "Multifamily" with "Multi-unit dwellings" 21-124.b Replace "single family residential homes" with "single detached dwellings" 21-182.2 Replace "single-family residence" with "single detached" and replace "two-family" with "duplex" ITEM NO: 6 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2022 – AN ORDINANCE AMENDING SECTION 17-52 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF ASSISTED MOBILITY DEVICES IN PARK AND RECREATION AREAS PUBLIC HEARING ORDINANCES FOR 1ST READING (06/27/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: This ordinance amends Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices on certain City recreation trails by persons with disabilities. PRIOR ACTION: The current Section 17-52 of the Code titled “Vehicles” was adopted in 2004. FINANCIAL IMPACT: Minor costs associated with updating signage, maps, posted rules and regulations. Depending upon the degree of use of the permitted assisted mobility devices, some staff enforcement costs may be experienced. BACKGROUND: The Americans with Disabilities Act (ADA), requires public and private entities to make reasonable accommodations to their facilities and programs in order to ensure that persons with disabilities are able to access and use the same in substantially the same manner as other persons. Familiar examples are curb ramps for accommodating wheelchairs, reserved parking spaces and similar accessibility accommodations. Certain of the City’s trails have been posted “no bicycles,” where such use may be hazardous to other users or injurious to the trail itself. It has come to the attention of Parks and Recreation staff that this restriction prevents some persons from accessing Council Action Form – Assisted Mobility Devices June 27, 2022 Page 2 the trail completely, as they have need of assisted mobility devices. This ordinance revises the relevant Code section to make an exception for assisted mobility devices for persons with disabilities. Staff will monitor use of the affected trails and adjust the policy as needed. RECOMMENDATIONS: Staff recommends adoption of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2022, an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas, on first reading, order it published, public hearing set for Monday, June 27, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 14-2022, an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas for the following reason(s) ______________________________________. REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 14 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING SECTION 17-52 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF ASSISTED MOBILITY DEVICES IN PARK AND RECREATION AREAS WHEREAS, the City of Wheat Ridge (the “City”) 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. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted Code Section 17-52 of the Wheat Ridge Code of Laws (the “Code”) concerning vehicles in city parks; and WHEREAS, the Council now wishes to further amend Section 17-52 of the Code to address the use of assisted mobility devices for persons with disabilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-52.d is amended to read: (d) All bicycle riders shall obey traffic signs and laws regulating the operation, stopping or parking of vehicles. Bicycle riding will be governed further by safe riding practices and consideration for the use of park and recreation areas and trails by others. Bicycle riding is prohibited on playgrounds, tennis courts and game courts, in pavilions, in the conservation area or in any area where other activities are in progress, WITH THE EXCEPTION OF ASSISTED MOBILITY DEVICES FOR PERSONS WITH DISABILITIES. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 27th day of June 2022, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final ATTACHMENT 1 passage set for July 11, 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: June 30, 2022 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 7 DATE: June 27, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $100,000 FOR JEFFERSON CENTER’S COMMUNITY PREVENTION AND ENGAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: City Council provided consensus to contribute a portion of the City’s American Rescue Plan Act (ARPA) funding to support non-profit organizations whose demand for services has increased due to the COVID-19 pandemic. Consensus was received to provide $400,000 over a four-year period to Jefferson Center for its Community Prevention and Engagement program which focuses on increasing access to mental health care and reducing stigma. PRIOR ACTION: During the April 4, 2022 Study Session, City Council provided consensus to move forward with funding the Jefferson Center’s Community Prevention and Engagement program in the amount of $400,000 over a four-year period. Council Action Form – ARPA Jefferson Center Budget Supplemental June 27, 2022 Page 2 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: 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 program as discussed with Council: • Jefferson Center’s Community Prevention and Engagement Program - $100,000 This program provides small and large group trainings on topics such as building resiliency, coping with vicarious trauma, general wellness, self-care, dealing with anxiety, parenting children through stress, suicide prevention, etc. This program was originally funded with FEMA funding which ended in 2021 but the need for continued proactive resiliency building and prevention campaigns is evident in the community. RECOMMENDATIONS: Staff recommends approval of this budget supplemental request. RECOMMENDED MOTION: “I move to approve Resolution No. 30-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the Jefferson Center’s Community Prevention and Engagement program.” Or, “I move to postpone indefinitely Resolution No. 30-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the Jefferson Center’s Community Prevention and Engagement program for the following reason(s)_____________________________.” Council Action Form – ARPA Jefferson Center Budget Supplemental June 27, 2022 Page 3 REPORT PREPARED AND REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 30-2022 2. Jefferson Center Proposed Scope of Work and Funding Allocation CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 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 $100,000 FOR JEFFERSON CENTER’S COMMUNITY PREVENTION AND ENGAGEMENT PROGRAM 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 City Council recognizes the increased demand for services placed upon certain non-profit organizations in the community; and WHEREAS; the City Council wishes to appropriate a portion of this ARPA funding to Jefferson Center to increase access to mental health care and reduce stigma; 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 $100,000 is approved from the General Fund undesignated reserves to account 01-102-700-780 DONE AND RESOLVED this 27th day of June 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 City of Wheat Ridge ARPA Funding Proposed Scope of Work and Funding Allocation July 1, 2022 – June 30, 2026 June 16, 2022 At Jefferson Center for Mental Health (Jefferson Center), we have been and will always be embedded in the communities we serve—teaming up with schools, probation offices, substance use treatment centers, and more—to provide the right care and support where people need it, when they need it. Indeed, community is at the core of everything we do. This means that we actively support our community by building an awareness of mental health resources and support and working to break down the stigma and fear that prevents people from seeking care. Our staff and leadership participate in more than 110 community work groups, committees, and boards from across our three-county area of Clear Creek, Gilpin, and Jefferson counties. We provide mental health prevention and education classes, training nearly 500 people in Mental Health First Aid, and 500 more in Question, Persuade, Refer suicide prevention each year. Our team of Speakers Bureau presenters reach thousands more through presentations, health fairs, and community events. Being a community-focused organization also means that we are there when our community needs us, including times of crisis. Jefferson Center is committed to partnerships within the community. We recently dedicated resources to build a team focused on expanding our community engagement by building and strengthening relationships, learning about and responding to community partner needs, and delivering valuable presentations and support. This team actively leads community collaborations, contributes to regional meetings, and interacts with partners. Our Community Engagement Team is also busy planning and delivering presentations, trainings, and events to promote mental health and wellness across the region though Jefferson Center hosted events and our Speakers Bureau.  The Community Engagement Team is focused on increasing access to mental health care and reducing stigma by: •Expanding our Speakers Bureau engagement to reach more people in our community •Developing new and strengthening existing community partnerships •Increasing coordination of community collaboratives and engagement to improve outreach initiatives To that end, the generous $400,000 in ARPA funding from the City of Wheat Ridge will help sustain the crucial community engagement offerings listed below from July 1, 2022 to June 30, 2026, targeting the citizens, staff, and community of Wheat Ridge. Speakers Bureau ATTACHMENT 2 Jefferson Center provides presentations on a host of topics related to mental health and wellness through our Speaker’s Bureau, comprised of experts in the field. Partners can choose from frequent topics from the Jefferson Center Speaker Bureau menu or we can develop a presentation for a particular area of interest. Popular topics include understanding mental health, detecting and responding to mental illness, encouraging individuals to seek support, and advocating for decreased stigma that prevents many from accessing services. Prevention and Education Training Jefferson Center firmly believes that prevention must be part of the solution. Waiting until a crisis occurs puts treatment behind from the start. Imagine what our community could look like if we could prevent these crises, rather than respond after they occur. We strive to make this possible by offering education and outreach and by anticipating the ever-changing needs of those we serve. By helping our community recognize the signs of mental health issues and addressing the underlying causes, we can improve the health and overall wellbeing of our friends, families, co-workers, and neighbors. Jefferson Center has certified instructors that provide internationally researched trainings such as Mental Health First Aid; Question, Persuade, Refer; safeTALK, and ASIST. Like CPR, lives can be saved if more Americans know the warning signs of mental health problems, the importance of early intervention, and how to help. Mental Health First Aid (MHFA): Class participants learn how to identify the signs and symptoms of a range of mental health and substance use disorders and build the skills and confidence to help someone in crisis. The curriculum includes access to a two-hour self-paced course, and a six-hour live, interactive session led by certified MHFA instructors. Question, Persuade, Refer (QPR) is a 90-minute training led by a certified QPR trainer where participants learn how to recognize the warning signs of a suicide crisis and how to question, persuade, and refer someone to help. safeTALK Suicide Alertness Training is a three-hour training led by a LivingWorks certified trainer. Participants learn how to understand how personal and community beliefs about suicide affect suicide stigma and safety; appreciate how the steps taught in safeTALK can be used to help prevent suicide; and various ways to help protect, preserve, and promote life in a suicide- safer community. A.S.I.S.T. Suicide Intervention Skills Workshop is for community members who want to feel more comfortable, confident and competent in helping to prevent the immediate risk of suicide. Over 1,000,000 caregivers have participated in this 2-day, highly interactive, practical, practice- oriented workshop. Community Engagement Jefferson Center is committed to outreaching our community and engaging collaboratively with partners. The Community Engagement Team, consisting of a Community Engagement Manager and Community Engagement Coordinators, lead efforts to engage community partners, organize and facilitate educational opportunities, identify community needs, and focus on innovation to improve initiatives. We actively participate in, and provide leadership for, numerous coalitions and collaboratives to promote connection across community partners. Funding Allocation ARPA Funding from the City of Wheat Ridge will offset these costs related to providing the proposed Community Engagement services above. Personnel – $360,000 • Including, but not limited to, up to 50% of the Community Engagement Manager and Coordinator’s salary with option to reallocate funds to develop a paid summer youth internship opportunity. Professional Development – $20,000 • Jefferson Center will dedicate funds to developing Community Engagement professionals including funds designated for “train-the-trainer” opportunities and presenter development presentations to ensure quality community education offerings. Presentations and Training (Speakers Bureau and Prevention and Education Training) – $20,000 • Jefferson Center will utilize funds to provide free presentations and trainings open to the Wheat Ridge community related to mental health, wellness, and support. Please see below for funding allocation across the four years (2022-2026). 2022-2023 2023-2024 2024-2025 2025-2026 TOTAL PERSONNEL Community Engagement Manager $ 48,750.00 $ 48,750.00 $ 48,750.00 $ 48,750.00 Community Engagement Coordinator $ 36,250.00 $ 36,250.00 $ 36,250.00 $ 36,250.00 Community Engagement Development TOTAL PERSONNEL $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 90,000.00 $ 360,000.00 PROFESSIONAL DEVELOPMENT Trainer Development $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 TOTAL PERSONNEL $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 PROGRAMMING Presentations and Training $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 TOTAL PROGRAMMING $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 20,000.00 TOTAL FUNDING TOTAL ANNUAL ALLOCATION $ 100,000.00 $ 100,000.00 $100,000.00 $100,000.00 $400,000.00