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HomeMy WebLinkAbout10-10-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 10, 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 tospeak upon arrival 2.Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 10, 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: 851 7835 9974 Passcode: 078729 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 NONE APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES NONE CITY COUNCIL AGENDA: October 10, 2022 Page -2- 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 NONE ORDINANCES ON FIRST READING 1. Council Bill No. 18-2022 – an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing 2. Council Bill No. 19-2022 - an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title DECISIONS, RESOLUTIONS, AND MOTIONS 3. Motion to cancel the November 7, 2022 Study Session of the Wheat Ridge City Council 4. Resolution No. 39-2022 – a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $39,931 for the purpose of purchasing and installing three HVAC units at the Anderson Building 5. Motion to award contract and approve subsequent payments of $259,210 to Western States Reclamation for the Clear Creek Trail Maintenance Replacement Project 6. Motion approving the appointment of an administrative hearing officer for a hearing for the protest of the Certification of Insufficiency for the Referendum Petition for Ordinance 1744 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ITEM NO: 1 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2022 – AN ORDINANCE AMENDING SECTIONS 2-89 AND 11-565 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE AN ADMINISTRATIVE SUBPOENA PROCESS FOR HOTEL LICENSING PUBLIC HEARING ORDINANCES FOR 1ST READING (10/10/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/14/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This Council Bill amends the Wheat Ridge Code of Laws to authorize the issuance of administrative subpoenas for records related to hotel licensing requirements. PRIOR ACTION: Ordinance No. 1723, effective on November 12, 2021, adopted new hotel licensing requirements. FINANCIAL IMPACT: None. BACKGROUND: The new City hotel license requirements, codified as Article XVI of Chapter 11 of the Wheat Ridge Code, require hotel establishments to obtain a City license and to meet certain structural and operational requirements. One of the operational requirements is to limit the duration of CAF – Administrative Subpoena Process for Hotel Licensing October 10, 2022 Page 2 guest stays to match the type of hotel license held (regular or extended stay). Efficient and reliable access to hotel guest records will be a key element of monitoring compliance. In general, City staff may file an affidavit with a Court to obtain a warrant authorizing the seizure of a business’ documents. Such an affidavit must articulate probable cause to believe that the documents will reveal evidence of legal violations. In the context of licensing, there is an alternative avenue available to require a business to produce records. When authorized by the Code, staff may issue an administrative subpoena for records relevant to a business’ compliance with licensing requirements. Because an administrative subpoena may be issued by Staff without Court involvement, the City must provide an avenue to appeal the subpoena and to obtain judicial review. This Council Bill authorizes an administrative subpoena process in the context of hotel licensing that meets these legal standards. RECOMMENDATION: Staff recommends approval of the ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2022, an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing on first reading, order it published, public hearing set for Monday, November 14, 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. 18-2022, an ordinance amending Sections 2- 89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing for the following reason(s) _______________________________________.” REPORT PREPARED/REVIEWED BY: Carmen Beery, City Attorney’s Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 18-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 18 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING SECTIONS 2-89 AND 11-565 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE AN ADMINISTRATIVE SUBPOENA PROCESS FOR HOTEL LICENSING WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council has previously adopted hotel licensing regulations, codified as Wheat Ridge Municipal Code (“Code”) Article XVI of Chapter 11, to regulate hotel businesses in order to reduce illegal and criminal activity in the establishments and ensure they are operated in a manner compatible and consistent with other City licensed businesses; and WHEREAS, the current hotel licensing system does not currently provide clear authority for authorized City Staff to issue subpoenas to inspect records and documents necessary to determine compliance with the Code, nor is there a process to appeal such a subpoena; and WHEREAS, the Council finds and determines that amendments of the Code to include procedures for the issuance and appeal of administrative subpoenas is necessary to protect the rights of hotel licensees and to effectively administer the City’s hotel licensing system. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-89 of the Wheat Ridge Code of Laws, concerning failure to obey an administrative subpoena, is hereby amended as follows: Sec. 2-89. - Failure to obey subpoena. It is unlawful for any person to refuse to obey a subpoena issued by an AHO, UNLESS SUCH PERSON IS A PARTY TO A PENDING ADMINISTRATIVE APPEAL CONCERNING THE SUBPOENA. Failure to obey a subpoena constitutes contempt and may be criminally prosecuted and have penalties imposed in the same manner as violation of a Municipal Court subpoena. ATTACHMENT 1 Section 2. Section 11-565 of the Wheat Ridge Code of Laws concerning the process to approve or deny a Hotel License application, is hereby amended by the addition of new subsections (d) and (e), to read in their respective entireties as follows: Sec. 11-565. Approval or denial of application; SUBPOENA POWERS. (D) THE TREASURER OR THE TREASURER’S DESIGNEE IS AUTHORIZED TO ISSUE ADMINISTRATIVE SUBPOENAS REQUIRING THE PRODUCTION OF DOCUMENTS, RECORDS AND OTHER EVIDENCE RELEVANT TO A DETERMINATION OF A LICENSEE’S OR APPLICANT’S COMPLIANCE WITH THIS ARTICLE. ADMINISTRATIVE SUBPOENAS MAY BE APPEALED TO AN ADMINISTRATIVE HEARING OFFICER UNDER THE APPEALS PROCESS SET FORTH IN ARTICLE V OF CHAPTER 2 OF THIS CODE. THE SOLE ISSUE ON AN APPEAL OF AN ADMINISTRATIVE SUBPOENA IS WHETHER THE ISSUING OFFICER EXCEEDED HIS/HER AUTHORITY IN ISSUING THE SUBPOENA. THE STANDARD OF PROOF IS A PREPONDERANCE OF THE EVIDENCE, AND THE BURDEN OF PROOF SHALL REST WITH THE CITY TO ESTABLISH THAT THE SUBPOENA AT ISSUE LIES WITHIN THE ISSUING OFFICER’S AUTHORITY. (1) THE PARTY ISSUING A SUBPOENA MAY MAINTAIN POSSESSION OF SUBPOENAED DOCUMENTS IF THERE IS REASONABLE SUSPICION THAT TAMPERING OF SUCH RECORDS MAY OCCUR WHILE AN APPEAL HEARING REQUESTED UNDER SUBSECTION (D) ABOVE IS PENDING. DURING THE PENDENCY OF ANY SUCH HEARING, THE SAFEGUARDED RECORDS SHALL NOT BE INSPECTED OR OTHERWISE USED BY THE CITY. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect 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 10th day of October 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 November 14, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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: October 13, 2022 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2022 - AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIRMENTS FOR FINAL SUBDIVISION PLATS, AND IN CONNECTION THEREWITH, ADDRESSING RACE AND RELIGION-BASED COVENANTS ON TITLE PUBLIC HEARING ORDINANCES FOR 1ST READING (10/10/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This Ordinance amends the City’s land use code to require that a plat note be affixed on resubdivisions of property advising that race and religion-based covenants on real property are illegal and unenforceable. PRIOR ACTION: On July 25, 2022, Council adopted Resolution No. 33, a resolution declaring race and religion-based covenants on real property within the City to be illegal and unenforceable. FINANCIAL IMPACT: There is no cost to the City for enacting this Ordinance. BACKGROUND: The City of Wheat Ridge was incorporated in 1969. At that time the City included a number of subdivisions which had been platted in the county beginning around the 1920’s. Some of these subdivisions contain private covenants precluding sales based on religion or race. CAF – Race and Religion Based Covenants on Title October 10, 2022 Page 2 In Shelley v. Kraemer, the Supreme Court of the United States struck down race-based covenants as illegal and judicially unenforceable. 334 U.S. 1 (1948). The Supreme Court of Colorado, relying on Shelley v. Kraemer, likewise ruled that restrictive covenants based on race were unenforceable. Capitol Fed. Sav. & Loan Ass'n v. Smith, 136 Colo. 265, 271 (1957). The Colorado State Legislature, with these rulings in mind, enacted C.R.S. § 38-30-169, similarly declaring these covenants illegal and equipping private citizens with a mechanism to remove them. RECOMMENDATION: Staff recommends approval of the Ordinance to declare race and religion-based covenants illegal and unenforceable and to require a plat note be affixed to final resubdivision plats concerning the same. RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2022, an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title, on first reading, order it published, public hearing set for Monday, December 12, 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.” Or, “I move to postpone indefinitely Council Bill No. 19-2022, an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 19 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR FINAL SUBDIVISION PLATS, AND IN CONNECTION THEREWITH, ADDRESSING RACE AND RELIGION-BASED COVENANTS ON TITLE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, 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, in the exercise of this authority, the Council has previously adopted Article IV of Chapter 26 of the Wheat Ridge Cde of Laws concerning subdivision regulation; and WHEREAS, on July 25, 2022, the Council adopted Resolution No. 33, a resolution declaring race and religion-based covenants on real property within the City to be illegal and unenforceable, and in connection therewith directing City staff to take certain actions in relation thereto; and WHEREAS, the resolution directed City staff to bring forward for Council consideration an ordinance amending the City's Land Use Code to require that a plat note be affixed on resubdivisions of property advising that race and religion-based covenants on real property are illegal and unenforceable. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-410 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new subparagraph C.1.l, as follows: Sec. 26–410. Application contents. A. Application contents . . . B. Form of final plat . . . C. Content of final plat 1. Project information a. Title of document . . . k. Case history box with reference case numbers, and l. PLAT NOTE IN THE FORM OF, AND IF REQUIRED BY, CODE SECTION 26-421 DECLARING RACE OR RELIGION-BASED ATTACHMENT 1 COVENANTS ON THE SUBJECT PROPERTY, IF ANY, TO BE ILLEGAL AND UNENFORCEABLE Section 2. . The Wheat Ridge Code of Laws is amended by the addition of a new Section 26-421, to read as follows: Sec. 26-421 Plat notes concerning race and religion-based covenants. In the event the property which is subject to subdivision or resubdivision pursuant to this Article IV is determined by the community development director in his or her reasonable opinion to be subject to or burdened by any pre-existing race or religion- based covenants, as the same have been declared illegal and unenforceable by the United States Supreme Court in Shelley v Kraemer, 334 US 1 (1948), the Colorado Supreme Court in Capital Federal Savings and Loan Association v. Smith, 316 P2d 252 (1957), the Colorado state legislature pursuant to CRS §38-30-169, and the Wheat Ridge City Council by Resolution No. 33, Series 2022, the form of final plat required by Code Section 26-410.C shall include the following plat note: TO THE EXTENT THE REAL PROPERTY WHICH IS THE SUBJECT OF THIS PLAT CONTAINS A RACE AND/OR RELIGION-BASED RESTRICTIVE COVENANT, PURSUANT TO SHELLEY V KRAEMER, 334 US 1 (1948), CAPITAL FEDERAL SAVINGS AND LOAN ASSOCIATION V. SMITH, 316 P2d 252 (1957), CRS §38-30-169, AND RESOLUTION NUMBER 33, SERIES 2022 OF THE WHEAT RIDGE CITY COUNCIL, ANY SUCH COVENANT IS ILLEGAL AND UNENFORCEABLE, AND MAY BE REMOVED BY PRIVATE OWNERS PURSUANT TO CRS 38-30-169-170. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect 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 10th day of October 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 December 12, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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: October 13, 2022 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE NOVEMBER 7, 2022 STUDY SESSION OF THE WHEAT RIDGE CITY COUNCIL PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The Study Session of November 7, 2022 is the night before the 2022 General Election. The Council Chambers in City Hall will be utilized by Jefferson County as a polling location. Election equipment will be set up in Council Chambers the weekend before the election. Due to election integrity and security concerns, the Council Chambers will not be available for the November 7th study session. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the study session scheduled for November 7, 2022. RECOMMENDED MOTION: “I move to cancel the November 7, 2022 study session of the Wheat Ridge City Council.” Or, “I move to not cancel the November 7, 2022 study session of the Wheat Ridge City Council for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ITEM NO: 4 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 39-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $39,931 FOR THE PURPOSE OF PURCHASING AND INSTALLING THREE HVAC UNITS AT THE ANDERSON BUILDING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ ___________________________ Director of Public Works City Manager ISSUE: An evaluation of the heating, ventilation, and air conditioning (HVAC) mechanical systems serving the Anderson Building revealed that most components are past their expected useful life and are operating inefficiently. There is a potential for failure to occur which would result in an inability to heat the classrooms, office, and lobby effectively enough to allow occupation through the winter months. It may also result in indoor temperatures dropping to levels low enough to endanger water piping and other plumbing infrastructure. PRIOR ACTION: The Facilities Management division was appropriated $35,000 in the 2022 General Fund budget to complete the Anderson Building HVAC replacement project. The assessment of the HVAC system, completed in October 2021 (see Attachment 2), estimated the cost of the boiler replacement alone at $60,000. Two, separate Requests for Proposals (RFPs) were issued – one for the furnace replacement and one for the boiler replacement. One proposal was received, in response, to each RFP. Although only one proposal was received, staff feels comfortable that the proposed prices are reasonable. CAR – Anderson Building HVAC Replacement October 10, 2022 Page 2 FINANCIAL IMPACT: The cost to replace the two (2) furnaces and related infrastructure serving the office and fitness room is $25,554. The cost to replace the domestic boiler and related equipment used to heat the lobby and remainder of the facility is $39,604.11. The total project cost to replace the noted HVAC systems is $65,158.11. Staff is requesting a supplemental budget appropriation in the amount of $39,931.00 from the General Fund. Of this amount, $30,159 is to cover the funding delta, and an additional $9,772.89 as a 15% contingency in the case of unexpected changes. Approved Project Budget $35,000.00 Project Costs: • Two Furnaces • Boiler • Contingency (15%) Total Cost $25,554.00 $39,604.11 $9,772.89 $74,931.00 Requested Additional Appropriation $39,931.00 BACKGROUND: In 2019, the Anderson Building underwent an upgrade to improve the aesthetic of the facility. This renovation created a space that is more appealing to employees and visitors, aiding in the ability to increase Parks and Recreation programming for the facility. Increased programming has the potential to increase the Parks and Recreation department revenue. While the renovation significantly improved the appearance of the Anderson Building, the HVAC systems, which allow for year-round programming by heating and cooling the facility were not replaced with that project. The existing Raypak domestic boiler was installed in 1979, making it 43 years old. The expected useful life of a domestic boiler is generally 20 – 30 years. The two (2) Amana furnaces serving the office and fitness studio are approximately 34 years old. The expected useful life of domestic furnaces is 15 – 20 years. All of the HVAC systems currently servicing the Anderson Building are past their expected useful life. Replacement of the domestic boiler and two furnaces will heat the Anderson Building more effectively and efficiently. Energy efficiency will be significantly improved by installing new equipment, reducing the operating costs associated with heating the facility. It will also ensure that programming can continue throughout the winter months, without the need to shut the facility down if existing equipment fails. RECOMMENDATIONS: The Public Works Department recommends approval of the replacement of HVAC systems at the Anderson Building subject to approval of a supplemental budget appropriation. CAR – Anderson Building HVAC Replacement October 10, 2022 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 39-2022, a resolution amending the fiscal year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $39,931 for the purpose of purchasing and installing three HVAC units at the Anderson Building.” Or, “I move to table indefinitely Resolution No. 39-2022, a resolution amending the fiscal year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $39,931 for the purpose of purchasing and installing three HVAC units at the Anderson Building for the following reason(s) _____________________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 39-2022 2. Anderson Building Heating System Assessment CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 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 $39,931 FOR THE PURPOSE OF PURCHASING AND INSTALLING THREE HVAC UNITS AT THE ANDERSON BUILDING WHEREAS, an evaluation of the HVAC mechanical systems serving the Anderson Building revealed that most components are past their expected useful life; and WHEREAS, there is a potential for failure to occur which would result in an inability to heat the classrooms, office and lobby effectively enough to allow occupation of the Anderson Building; and WHEREAS, the total project cost to replace the HVAC systems is $74,931, with contingency, and there are insufficient funds in the budget for this expense; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $39,931 is hereby approved from the General Fund budget designated reserves to account 01-118-800-812 and the 2022 revenues are amended accordingly. DONE AND RESOLVED this 10th day of October 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Anderson Building Heating System Assessment 4355 Field St, Wheat Ridge, CO 80033 October 4, 2021 ATTACHMENT 2 Page 2 of 5 Mike Farrell Facilities Maintenance Supervisor City of Wheat Ridge Re: Anderson Building – Heating System Assessment Executive Summary An assessment of the referenced facility’s’ heating system was performed on October 4th. The assessment was a visual assessment only. Equipment was not exercised in any manner. This report identifies the existing system, any deficiencies and makes recommendations for system improvements. Deficiencies 1. Noted by city staff a. The heating boiler system is not operational. b. When the boiler system is operational the entrance lobby remains cold. 2. Engineer’s Observations and review of existing design documents a. The boiler and all associated controls, specialties and appurtenances are in disrepair. b. The existing boiler’s supply water reset schedule could leave it susceptible to condensation. c. The existing baseboard radiation in the lobby has corroded gate valves on the supply and return. d. The existing heating and ventilating unit is from the early 1980s and is past its expected usable life. e. The supply ductwork serving the existing heating and ventilating unit is in need of some repair. f. The ceiling space above the locker rooms is cold. g. There is excessive heat loss in the lobby due to large low performance windows and lack of a vestibule. Recommendations & Rough Order of Magnitude (ROM) Costs Based on the visual inspection of the existing system the following recommendations and ROM costs are offered. This list is not necessarily additive and is further explained in the report. 1. Replace the existing 516 MBH input atmospheric boiler with a 500 MBH input high efficiency, condensing style, sealed combustion boiler – $60,000 2. Add a 3-way control valve to the existing heating and ventilating unit – $2,000 3. Consider the addition of radiant ceiling panels in the lobby – $4,000 4. Add supply grilles in the ceiling of the lobby and ductwork from the existing heating and ventilating unit – $2,500 5. Replace the existing gas fired furnace with an electric unit heater - $3,500 I hope this report is helpful for you and your team to make an informed decision for the facility’s future needs. Sincerely, THE BALLARD GROUP, INC. Peter W. Failla II, PE Principal Page 3 of 5 Existing Systems and Recommendations 1) Boiler System a) Existing i) The facility is currently served by a Raypak 516 atmospheric boiler. The boiler was manufactured in 1979. ii) A Taco pump (model number was not accessible) with a ½ HP motor serves as the primary distribution pump. iii) Piping is a combination of steel piping and copper piping. iv) There is very little room in the equipment building which make serving equipment difficult. v) The original design drawings show an outdoor air reset schedule for the boiler supply water temperature. This schedule reduces the supply water temperature down to 130 degrees when the temperature outside is 60 degrees or higher. This supply water temperature leaves the boiler system susceptible to flue gas condensate. This style boiler and its associated flue are not rated to withstand regular condensation, which can be very corrosive, within the combustion chamber or galvanized flue. b) Recommendation i) Replace the existing boiler with a high efficiency condensing style boiler. We recommend a water tube style boiler rated at 500 MBH input capacity. Lochinvar Knight XL or equivalent. (1) The condensing style boiler will allow for energy savings year round and prevent any premature failure do to condensate formation when the supply water temperature is reset down. Note that allowing for condensation at lower temperatures increases the systems operating efficiency. (2) Boilers of this type can see operating efficiencies above 90% as compared to the existing boiler’s maximum efficiency of 80%. (3) A water tube boiler should allow for a higher supply water temperature of 190 degrees. This will more closely match the existing equipment’s design temperatures. ii) Replace the existing pump, expansion tank, air separator and piping accessories with new equipment. iii) Inspect interior of piping to determine if there is either any scale buildup impeding flow or corrosion. Replace as needed. iv) Install a side stream chemical feeder with a sock filter to help filter out any debris in the piping. 2) Miscellaneous Pool Equipment Room a) Existing i) There is an existing hydronic unit heater to heat the pool equipment room. This was not operational during our visit but was reported as working. ii) There is also a gas fired furnace to provide back-up heat to the pool equipment room should the hydronic system or unit heater fail. b) Recommendation i) Because space is so limited in the pool equipment room we recommend considering removal of the furnace. If a back-up heating system for the pool equipment room is still desired we recommend a 3 kW electric unit heater is provided. This would be a relatively low cost option that would not take up much space. 3) Lobby and Locker Area a) Existing i) The lobby is served by baseboard radiation that appears to be in fairly good condition and is clean; however, heating is not adequate. ii) The originally scheduled baseboard radiation should provide 50 BTUH per square foot of heating capacity to the lobby. This heating capacity would be adequate for most spaces; however, with the lack of a vestibule and the large quantity of low performance glass in the lobby it may not be enough for this space. iii) There are gate valves on the supply side and return side of the baseboard system to allow for isolation. There are some signs of corrosion on these valves. iv) A 2 position, spring return Honeywell zone valve is operated by a thermostat to provide hot water flow to the baseboard when heating is required. v) The locker area is served by the air handling unit located in the pool equipment room. This unit is original to the building putting it at 42 years old. The expected life span of an air handling unit of this type is 30 years; however, we were informed that it works well. vi) The ductwork located above the locker room ceiling is made of duct board and has some damage in the locations where the duct is visible. vii) The ceiling space is quite cold in winter months. viii) The locker room area is indicated on the 2018 remodel documents to be slightly negative (105 CFM). This may cause unconditioned air to enter the lobby through the doors on a continual basis. b) Recommendations Page 4 of 5 i) Verify that the gate valves allow for full flow and there isn’t any blockages in the piping. ii) Verify that the zone valve is opening 100%. iii) Remediation Step 1: (1) It may be that when the new boiler is operational the baseboard radiation provides adequate heating capacity. We suggest considering waiting to see the impact of the new boiler before additional measures are undertaken. iv) Remediation Step 2 (the following is a menu of choices that could be discussed further after the boiler is operational): (1) It appears that the air handling unit was scheduled to an airflow rate slightly in excess of the original designed airflow rate. Verification of the unit’s maximum airflow capacity should be performed by a test and balance contractor to inform the next steps. (2) Rebalance the locker room area to eliminate the negative pressure. This could be accomplished by either increasing the total airflow of the air handling unit and/or the outside air flow rate. (3) Provide additional supply grilles in the entry way to the locker rooms that communicates with the lobby. This is the area just outside the Men’s locker room with the retail cabinet/case. Supply grilles could be located in the ceiling between the light and the cabana wall. Air would be directed into the lobby to help not only provide additional heating but also help eliminate any negative pressure and provide a bit of positive pressure. This can either be achieved by increasing the airflow from the air handling unit or taking some air from the locker room and redistributing it to the lobby. (4) Consider adding a couple of surface mounted radiant ceiling panels above the reception desk. These can be hydronic panels with a simple thermostat controls. A control valve could be located back in the pool equipment room for easy maintenance. Piping from the pool equipment room through the locker room ceiling space would be required. Alternatively, electric radiant ceiling panels could be used. Lobby Baseboard Baseboard Control Valve Baseboard Isolation/Balancing Valve Heating Water Supply & Return Connections Page 5 of 5 Boiler Heating & Ventilating Unit Boiler and Furnace Boiler Pump, Air Separator, Expansion Tank, Etc. H&V Unit Ductwork in Ceiling Damaged Ductboard Location of Proposed Supply Grilles ITEM NO: 5 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD CONTRACT AND APPROVE SUBSEQUENT PAYMENTS OF $259,210 TO WESTERN STATES RECLAMATION FOR THE CLEAR CREEK TRAIL MAINTENANCE REPLACEMENT PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ ___________________________ Director of Parks & Recreation City Manager ISSUE: In February of this year, the City received grant funds through the Jefferson County Open Space Trails Partnership Program for Clear Creek Trail Improvements. The full project includes upgrading sections of trail from asphalt to concrete, repairs and improvements at the Otis Street trailhead and trail connection, wayfinding signage, and other safety improvements. This motion is specifically to award the contract to Western States Reclamation for the portion of the project that will upgrade sections of trail from asphalt to concrete. There were seven submissions associated with the Invitation to Bid. Western States Reclamation was the lowest bidder at $259,210. PRIOR ACTION: City Council approved Resolution No. 42-2021 on August 23, 2021 in support of an application to the Jefferson County Open Space Trails Partnership Program for Clear Creek Trail concrete, signage, and safety improvements. City Council approved Resolution No.11-2022 on February 28, 2022 authorizing the mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $196,668 for Clear Creek Trail Improvements. CAF – Contract & Payment to Western States Reclamation October 10, 2022 Page 2 Additionally, in adopting the 2022 budget, Council supported the revenues and expenses budgeted for this project in the Open Space Fund (Fund 32). Revenues associated with the JCOS Trails Partnership Program were budgeted in 32-520-00-564, and expenses were budgeted in 32- 601-800-872. FINANCIAL IMPACT: This project is budgeted in the Open Space Fund (Fund 32) and is supported by grant funds through the Jefferson County Open Space Trails Partnership Program. If this motion is not approved, this project will be postponed until 2022 due to weather requirements related to concrete work. Not completing the work in 2022 will almost certainly result in increased costs due to the current market conditions. BACKGROUND: The Clear Creek Trail is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2021 resident survey showed that 2/3 of respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk Program’s focus neighborhoods to date have told the City that bicycle and pedestrian access and safety to and around the Clear Creek Trail is a top tier issue. Improving the Otis Street trailhead was a specific need identified by Leppla Manor residents, and this project would address that need. Almost the entire Clear Creek Trail throughout Wheat Ridge is currently concrete, which is safer and requires less maintenance than asphalt. Three sections remain as asphalt: between just west of Prospect Park and the West Bridge, at the Otis St. trailhead, and near the westbound I-70 bridge. The latter two locations are City of Arvada-owned, but City of Wheat Ridge-maintained. This project would convert the first two sections listed to concrete. The last section involved is in CDOT right-of-way space and would not be addressed within the scope of this project. RECOMMENDATIONS: Parks & Recreation Department staff recommend the approval of the contract and subsequent payments to Western States Reclamation for the concrete work associated with the Clear Creek Trail Improvement project. RECOMMENDED MOTION: “I move to approve the contract and subsequent payments of $259,210 to Western States Reclamation for the Clear Creek Trail Maintenance Replacement Project.” Or, “I move to not approve the contract and subsequent payments of $259,210 to Western States Reclamation for the Clear Creek Trail Maintenance Replacement Project for the following reason(s) __________________.” CAF – Contract & Payment to Western States Reclamation October 10, 2022 Page 3 REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. BidTab – Clear Creek Trail Maintenance Replacement 2. Clear Creek Trail Improvement Project Budget Vendor essential contractors GoodLand Construction Greatland Concrete and Landscaping JARCCO Construction KRM Concrete Silver Concrete Western States Reclamation ITB-22-0639 - CLEAR CR Bid Amount 299,854.00$ 485,446.00$ 388,488.00$ 482,899.00$ 448,128.50$ 269,515.37$ 259,210.00$ ATTACHMENT 1 REEK TRAIL MAINTENANCE REPLACEMENT PROJECT PRELIMINARY BIDTAB Typo in BidNet* *Apparent Low Bid **Preliminary BidTab still needs verification from project team, award will be made once all bids are verified Clear Creek Trail Concrete and Signage Improvements PROPOSED Budget JCOS City of Wheat Ridge Total Construction Total Budget (including 15% cost buffer and 10% contingency): Cash (Description of Work)$313,016.66 Asphalt Demo, Concrete Replacement-Contracted Services $161,000.00 $71,444.00 $232,444.00 Otis St. Trailhead Drainage Improvement Work $7,500.00 $7,500.00 $15,000.00 P2P, Jeffco Bikeway Wayfinding Sign Purchases (x7)$3,500.00 $3,500.00 $7,000.00 P2P, Jeffco Bikeway Major Mileage Marker Sign Purchases (x1)$1,000.00 $1,000.00 $2,000.00 P2P, Jeffco Bikeway Secondary Mileage Marker Sign Purchases (x6)$2,250.00 $2,250.00 $4,500.00 P2P, Jeffco Bikeway 8"x8" Logo Plaque-Purchases (x12)$356.16 $356.16 $712.32 Trail Safety Signage-Purchases (x24)$1,504.74 $1,504.74 $3,009.48 Trail Sign Posts and Frames-Purchases (x31)$2,015.00 $2,015.00 $4,030.00 Trail Logo Plaque Posts and Frames-Purchas (x12)$2,100.00 $2,100.00 $4,200.00 Wheat Ridge Greenbelt Kiosk Purchases (x3)$5,458.28 $5,458.28 $10,916.55 Construction Cost Changes (15% X above items)$0.00 $42,571.85 $42,571.85 Kiosk Shipping $973.68 $0.00 $973.68 Sign Installations-Contracted Services $7,000.00 $1,000.00 $8,000.00 Sign Pre-Site Visit-Contracted Services $350.00 $0.00 $350.00 Sign Placement Utility Locations-Contracted Services $160.00 $0.00 $160.00 Sign Design Layout Proofs-Contractor (x15)$1,500.00 $0.00 $1,500.00 Project Contingency (10%)$0.00 $33,736.79 $33,736.79 Cash Subtotal $371,104.67 In-Kind Salary/Wages-Project Management (Various P+R, Engineer, Planning, Comm staff involved)$20,000.00 $20,000.00 Sign Installations Support $1,000.00 $1,000.00 Kiosk Installations $1,500.00 $1,500.00 $0.00 $0.00 In-Kind Subtotal $22,500.00PROJECT COST SUBTOTAL $196,667.86 $196,936.82 $0.00 $0.00 $393,604.67 Budget for Signs project component, excluding construction cost change premium, contingency, and in-kind support:$35,461.80 Item Requirement Actual Meets Requirement? Minimum Match (Local)$295,203.50 $196,936.82 No JCOS % of Total Costs 25%49.97% Applicant % of Project Value 75%50.03% Item Requirement Actual Meets Requirement? Minimum Match (Regional)$196,802.34 $196,936.82 Yes JCOS % of Total Costs 50%49.97% Applicant % of Project Value 50%50.03% ATTACHMENT 2 CALCULATION OF MATCH REQUIREMENTS (Local Project) CALCULATION OF MATCH REQUIREMENTS (Regional Project) ITEM NO: 6 DATE: October 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING THE APPOINTMENT OF AN ADMINISTRATIVE HEARING OFFICER FOR A HEARING FOR THE PROTEST OF THE CERTIFICATION OF INSUFFICIENCY FOR THE REFERENDUM PETITION FOR ORDINANCE 1744 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Appointment of Judge Paul Basso as the presiding administrative hearing officer for the protest hearing for the Certification of Insufficiency for the Referendum Petition for Ordinance 1744. PRIOR ACTION: Ordinance No. 1744 was adopted on second reading on July 11, 2022. FINANCIAL IMPACT: Costs will be associated legal representation expenses; including the efforts of both the City Attorney’s office and the appointed administrative hearing officer. BACKGROUND: On September 16, 2022, City of Wheat Ridge City Clerk Steve Kirkpatrick delivered via email a Certification of Insufficiency for the Referendum Petition for Ordinance 1744 to the Mayor and Council. On October 4, 2022, six individuals jointly filed a timely protest of the Certification of Insufficiency with the Clerk’s office. The protest process is controlled by state statute. C.R.S. § 31-11-110. Clerk Kirkpatrick must mail a copy of the protest to the designated petition CAF – Appointment of Administrative Hearing Officer October 10, 2022 Page 2 representatives with a notice fixing a time for a hearing that is five (5) to ten (10) days from the date that the Clerk’s notice of protest is mailed. C.R.S. § 31-11-110(1). Clerk Kirpatrick has requested a hearing officer be appointed in his stead to oversee proceedings. The City Attorney’s and City Clerk’s offices worked cooperatively in reccomending an administrative hearing officer who posseses both familiarity with City proceedings and the required calendar availability for the protest hearing. RECOMMENDATION: The City Attorney and City Clerk recommend appointing Judge Paul Basso as the administrative hearing officer for the protest hearing. RECOMMENDED MOTION: “I move to approve the appointment of Judge Paul Basso, pursuant to C.R.S. § 31-11-110(3), as the administrative hearing officer for the protest hearing for the Certification of Insufficiency for the Referendum Petition for Ordinance 1744.” REPORT PREPARED BY: Gerald Dahl, City Attorney Steve Kirkpatrick, City Clerk ATTACHMENTS: 1. Copy of filed protests 2. Memorandum from Jerry Dahl, dated October 5, 2022 ATTACHMENT 1 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 To: Mayor Starker; City Council; City Clerk From: Gerald Dahl, City Attorney Date: October 5, 2022 Re: Protest of Certification of Insufficiency for Referendum Petition for Ordinance 1744 Background On September 16, 2022, City of Wheat Ridge City Clerk Steve Kirkpatrick delivered a Certification of Insufficiency for the Referendum Petition for Ordinance 1744 to the Mayor and Council. Clerk Kirkpatrick’s office has received a filed protest challenging the Certification of Insufficiency issued by his office. This memo generally discusses the protest process including: • The timing and deadlines for the protest process; and • The Council’s duty to appoint an administrative hearing officer to oversee proceedings. Protest Process Initiation The protest process is controlled by state statute. “Within forty [(40)] days after an initiative or referendum petition is filed, a protest in writing under oath may be filed in the office of the clerk by any registered elector who resides in the municipality, setting forth specifically the grounds for such protest.” C.R.S. § 31-11-110(1). The forty (40) day period for the filing of the protest began on August 25, 2022 (the date of the filing of the unamended petition) and concluded on October 4, 2022. Accordingly, the protest filed with the City Clerk’s office on October 4, 2022 was timely filed under the statute. Commencement of Hearing Process Clerk Kirkpatrick must mail a copy of the filed protest to the persons designated as representing the petition. C.R.S. § 31-11-110(1). Included with the copy of the protest will be a notice fixing a time for a hearing that is five (5) to ten (10) days from the date that the Clerk’s notice of protest is mailed. Id. Based on this timeline, the hearing will likely be scheduled for a date during the week of October 17th. ATTACHMENT 2 Protest of Certification of Insufficiency for Referendum Petition for Ordinance 1744 Memo October 5, 2022 2 Appointment of Administrative Hearing Officer Generally, every protest hearing is held before the municipal clerk with whom such protest is filed. C.R.S. § 31-11-110(3). The municipal clerk is the hearing officer unless “some other person is designated by the legislative body as the hearing officer.” Id. In the past, the Council has appointed an administrative hearing officer at the request of the City Clerk. In line with this precedent, Clerk Kirkpatrick has requested a hearing officer be appointed in his stead. Administrative Hearing Officer Candidates Our office has coordinated with the City Clerk’s office in recommending an administrative hearing officer for the protest hearing. After careful consideration of the available appointees, our offices, in tandem, recommend appointing one of the regularly retained City administrative hearing officers. Of the available options, our offices have concluded that Judge Paul Basso is the person best suited for the role. Conclusion of Protest The protest hearing is to be concluded within sixty (60) days of the petition filing date (August 25, 2022), which is October 24, 2022. Id. Within five (5) days of the conclusion of the hearing, the hearing officer issues a written determination of the petition’s sufficiency or insufficiency. Id. Therefore, the protest process will be completed by October 29, 2022 at the latest. Conclusion The Council should appoint a hearing officer at the October 10th Council meeting. Outside of this appointment, the Council need not take any further action at this time regarding the forthcoming Certification of Insufficiency protest hearing.