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HomeMy WebLinkAbout8-07-23 - Study Session Agenda PacketSTUDY SESSION AGENDA
CITY COUNCIL
CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge, CO August 7, 2023
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th
Avenue, Municipal Building. City Council members and City staff members 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
August 7, 2023). 3. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code: 873 6880 8493
Passcode: 262261 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. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance.
Public Comment on Agenda Items
1. Presentation from The Arc
2. Boards and Commissions Code Update Discussion
3. Creating a Diversity, Equity and Inclusion Focused Advisory Committee
4. Parking and Charging for Electric Vehicles and Bicycles
5. Staff Report(s)
6. Elected Officials’ Report(s)
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager FROM: Marianne Schilling, Assistant City Manager
DATE: August 7, 2023
SUBJECT: Presentation from The Arc
ISSUE: The Arc Thrift in Wheat Ridge opened in March 2023. Staff from The Arc would like to share
more about their organization and how The Arc and the City can work together encourage Wheat
Ridge to be a fully inclusive place where people with disabilities are welcome and valued members of the community. PRIOR ACTION:
N/A FINANCIAL IMPACT: N/A
BACKGROUND:
The origins of Arc – Jefferson, Clear Creek and Gilpin Counties began in 1960 with a meeting of local parents of children with developmental disabilities. These parents wanted to create opportunities to raise their children at home instead of institutions, for their children to have access to education, and for their children to be valued in the community.
The Arc – Jefferson, Clear Creek and Gilpin Counties promotes inclusion for people with intellectual and developmental disabilities (IDD) like autism, cerebral palsy, and Down syndrome. They serve individuals of all ages – birth through end of life – and assist individuals and their caregivers with issues across the life spectrum including education, health care,
residential options, employment, legal concerns, and systems navigation, as well as social,
recreational, and religious inclusion. In 1968, the first Arc Thrift Store (then called Value Village) opened in Denver. Since then, Arc Thrift has provided millions of dollars of mission-critical funding to chapters of The Arc in
Colorado's front range communities, allowing them to collectively advocate for countless people
Staff Report – Presentation from The Arc August 7, 2023
Page 2
with intellectual and developmental disabilities. Every donation and sale help individuals in these chapters and communities.
DISCUSSION:
The Arc Thrift in Wheat Ridge opened in March 2023. In an effort to share with Council more about their organization, staff from The Arc would like to have a conversation about how they might support the City in being seen as a fully inclusive place where people with disabilities are welcome and valued members of the community.
The Arc will share a brief video that tells the story of the Fischer family, Wheat Ridge residents
with firsthand experience of navigating the world with an IDD. We will also have a discussion on the common barrier’s individuals with IDDs face and ways that Wheat Ridge can become an even more inclusive community.
RECOMMENDATIONS:
This presentation is informational only.
ATTACHMENTS: None.
Memorandum
TO: Mayor and Council
THROUGH: Patrick Goff, City Manager
Allison Scheck, Deputy City Manager Marianne Schilling, Assistant City Manager FROM: Cole Haselip, Management Analyst
DATE: August 7, 2023 SUBJECT: Boards and Commissions Code Amendments
ISSUE:
The City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and Commissions. Recognizing this, Council requested the City’s Boards and Commissions Code be studied to provide greater opportunities for interested residents, streamline the board application process, and allow residents to serve on multiple boards. Additionally, Staff has included an analysis of several other related changes for the Council to review and consider.
PRIOR ACTION: At the February 27, 2023 Council Meeting, Council agreed to hold a study session to discuss amendments to the Boards and Commissions Code.
FINANCIAL IMPACT:
There is no financial impact. BACKGROUND: The City Council makes appointments to boards, commissions, and authorities on an annual
basis. These public bodies have played an essential role in guiding the City of Wheat Ridge by
thoroughly studying policy issues, advising the City Council, promoting the City, and, for some boards, making quasi-judicial decisions. Over time, the City has made adjustments to these public bodies, adding, removing, and
changing their scope to meet the evolving needs of the City. During the February 27, 2023
meeting, Council identified the need to comprehensively review the boards and commissions code and appointment process to adapt to the contemporary needs and demands of the City.
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 2
The Council specifically requested the following discussion items: 1. Term limits that do not prevent a term-limited board member from serving another term
in the absence of any other applicants.
2. Serving on more than one board at once.
3. Improving the board application process.
After further analysis, Staff has identified the following topics for consideration by the Council:
4. Broadening Council’s authority to remove board members.
5. Simplifying the Unexcused Absences Code.
6. Amending the City Manager’s appointment to the Cultural Commission.
7. Codifying the Board of Adjustment’s Alternate Board Members.
8. Developing a policy to determine when committee members should be appointed by the
Council, City Staff, or both.
9. Amending the resident and registered voter requirement to allow people who live, work,
attend school, own a business, or represent a relevant organization to serve on certain
boards.
DISCUSSION: To aid Council in preparation for this discussion, information pertaining to each Boards and Commissions Code amendment has been separated into underlined topics and italicized sub-topics. It is suggested that the Council discuss each topic and sub-topic in the order in which they
appear. Staff has included a list of Council’s options at the end of each topic and sub-topic. Among these options, Staff’s recommendations are in bold. The City of Wheat Ridge uses three different public bodies, in addition to the Council, to support the achievement of its objectives.
1. Authorities in the City of Wheat Ridge are established to take advantage of federal and
state programs that address specific issues identified in the community. Unlike boards
and commissions, authorities are separate legal entities independent of the City of Wheat
Ridge. For example, Renewal Wheat Ridge, the City’s Urban Renewal Authority,
operates under the governance of Colorado’s Urban Renewal Laws. The Wheat Ridge
Housing Authority is governed by the U.S. Department of Housing and Urban
Development (HUD).
2. Boards and commissions are a part of the city. They are governed by the City’s Charter
and Municipal Code. Cities create boards and commissions to serve quasi-judicial
purposes and/or to advise the Council.
3. Uncodified committees, task forces, authorities and other city-created or sanctioned
groups also exist in the City of Wheat Ridge. These bodies are not bound by the City’s
Charter or Municipal Code. As such, the City has much more flexibility to determine
their structure, organization, and membership. The Council or the Mayor may create one
of these bodies using the authority granted to them in the Council Rules. These bodies are
governed solely by the bylaws specific to each entity.
To simplify this memo, when generalizing, staff will refer to all boards and commissions as
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 3
“boards” and their membership as “board members”. Uncodified groups will be referred to as “committees” and their membership as “committee members”. Staff has prepared a list of all boards, commissions, and committees to further clarify the public bodies discussed in this memo
(Attachment 1). Term Limits Term limits are restrictions on the number of terms or consecutive periods of time that an
individual can hold a position. These limits are designed to encourage participation from new
people with fresh perspectives. For reference, during the June 26, 2023 Special Study Session, the City Council reached consensus that URA members would be limited to serving two consecutive five-year terms with
a 2-year “cooling off” period before becoming eligible to serve again. However, the Council also
decided that, in the absence of any other qualified applicants, term-limited URA members would be eligible to serve an additional one-year term. The Wheat Ridge Housing Authority (WRHA) does not have term limits. Staff will return to the Council to discuss reinvigorating the WRHA as part of the City’s Affordable Housing Strategy at a future meeting.
Selecting the Length of a Term Limit Wheat Ridge boards do not have term limits. The Council may introduce term limits that allow term-limited board members to serve an extended term in the absence of any other qualified applicants. The City of Littleton has implemented a similar policy. Their board members are held
to a nine-year term limit. However, if there is no qualified applicant, their Council may extend
the term of a member whose term is expiring beyond the nine-year term limit until a qualified resident is appointed. All City boards have three-year terms, except for the election commission which has a two-year
term. Staff recommends that the Council select either a two-year term or a three-year term limit.
Alternatively, the Council could institute a term limit that is either more generous or restrictive. Staff recommends that term-limits apply to serving on a single board rather than all boards. Therefore, a board member could become term-limited on a single board and still be eligible to serve on a different board. Serving on multiple boards at the same time will be discussed in a
subsequent section of this memo.
Staff analyzed a dataset tracking the number of years that a person has served on a board since 1970. Since that time, there have been 468 appointments to City boards. The median length of time that a person serves on a board is three years. The mean (average) length of time that a
person serves on a board is almost four and a half years.
The data demonstrates that long-term board members have had a disproportionate impact on their respective boards. Despite accounting for only 11% of all appointees, board members that have held their position for more than nine years account for 42% of the time served by all board
members in the City of Wheat Ridge since 1970. Despite accounting for only 18% of all
appointees, board members that have held their position for more than six years account for 55%
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 4
of the time served by all board members in the City of Wheat Ridge since 1970. ITEM 1: Staff requests direction to implement one of the following options:
1. Consensus to implement a 3-term limit, allowing term-limited board members to
serve extended terms in the absence of any other qualified applicants.
2. Consensus to implement a 2-term limit, allowing term-limited board members to serve
extended terms in the absence of any other qualified applicants.
3. Take no action, and do not implement term-limits for board members.
Mid-Term Appointments Mid-term appointments occur when a board member does not complete their term. Subsequently,
the Council appoints someone to serve the remainder of the term. If the Council implements term
limits, staff requests direction to determine when a mid-term appointment should be considered a full-term or no term. Staff recommends that the Council select the rounding approach to determining if mid-term
appointments are counted as full terms. Using this approach, a mid-term appointment of more
than half of a term would be counted as a full term. A mid-term appointment of less than half of a term would not be counted as a full term. This is the policy that governs mid-term appointments to the City Council. Alternatively, the Council may select to always or never count mid-term appointments as full terms. Staff recommends that the Council’s decision on mid-term
appointments be applied to all board members beginning March 2024.
ITEM 2: Staff requests direction to implement one of the following options: 1. Consensus to use the rounding approach to mid-term appointments.
2. Consensus to always count mid-term appointments as full terms.
3. Consensus to never count mid-term appointments as full terms.
Extended Term Length
An extended term occurs when a term-limited board member is reappointed by the Council due to the absence of any other qualified applicants. The Council may select the length of these extended terms. Staff recommends selecting at-will, one-year, or standard terms. At-will terms, which last up to the length of a standard term, may be subject to termination by the appointment of a qualified applicant at any time. If the Council selects at-will or one-year extended terms,
staff will apply the mid-term appointment policy to the first term of the board member that fills the position. This will ensure that staggered terms are preserved. ITEM 3: Staff requests direction to implement one of the following options: 1. Consensus that extended terms shall be “at will” with reappointment required at the
end of the length of a standard term
2. Consensus that extended terms shall be granted in one-year increments.
3. Consensus that extended terms shall last the length of a standard term.
Maximum Number of Extended Terms The Council may establish the maximum length of extended terms or allow board members to
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 5
continue serving extended terms, in the absence of any qualified applicants, indefinitely. If the Council chooses to establish a maximum, staff recommends that the duration align with the length of a full-term for the respective board. This alignment would make it easier for staff to
track extended terms and reduce the frequency of mid-term appointments.
ITEM 4: Staff requests direction to implement one of the following options: 1. Consensus to allow board members to serve extended terms indefinitely.
2. Consensus to allow board members to serve extended terms up until the length of a
standard term for the respective board.
Permanent or Consecutive Term Limits
If the Council implements term limits, staff requests direction to establish either consecutive or permanent term limits. A consecutive term limit prevents board members from serving consecutive terms (three or four in a row for example). After a “cooling-off” period, typically the length of a term, the former board member may reapply, and if successful in their application, continue to serve until they reach the limit again. The Council may select a more generous or
restrictive “cooling-off” period. A permanent term limit prevents board members from exceeding a certain number of terms. Once the limit is reached, they may no longer serve on the board. The City Council and Mayor of Wheat Ridge are currently held to consecutive term limits with an undefined “cooling off” period.
ITEM 5: Staff requests direction to implement one of the following options: 1. Consensus to implement consecutive term limits, allowing term-limited board
members to reapply to serve on a board after the length of a standard term has
passed.
2. Consensus to implement consecutive term limits, allowing term-limited board members
to reapply to serve on a board after ___ years have passed.
3. Consensus to implement permanent term limits, preventing board members from
exceeding a maximum number of terms on a board.
Serving on Multiple Boards at Once Except for Election Commissioners who rarely meet, all board members are prohibited from serving on multiple boards by Municipal Code (Sec 2-53 (a)). Staff examined the Cities of Golden, Littleton, Louisville, and Brighton to see if they allowed persons to serve on more than one board. Excluding the City of Golden, each of the other Cities allows persons to serve on
more than one board or commission simultaneously. Staff recommends allowing board members to serve on no more than two boards. This recommendation is due to concerns about the reduced effectiveness of board members serving on more than two boards and to encourage participation from a diversity of interested individuals.
ITEM 6: Staff requests direction to implement one of the following options: 1. Consensus to allow board members to serve on multiple boards at once.
2. Consensus to allow board members to serve on up to two boards simultaneously.
3. Take no action and prevent board members from serving on multiple boards at once
(excluding the Elections Commission).
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 6
Board Application Process Application Changes
Staff is modifying the board application process. Currently, interested community members must
submit a separate application for each board they want to join. Staff’s revision will allow applicants to rank and select each of the boards that they prefer to join. This will simplify the application process by allowing residents to submit a single application for all the public bodies they want to join (Attachment 2). Staff is not requesting any action on this item, as it is not
required to change the application.
Liaison Recommendations Staff requests consensus to include staff liaison recommendations along with the board applications for Council review. Staff liaisons have the most familiarity with their respective
boards and the issues they are addressing. As such, they have a unique perspective on the skills
that would best complement the existing board members. Staff can begin to include staff liaison recommendations along with board applications without making any Code amendments. ITEM 7: Staff requests direction to implement one of the following options:
1. Consensus to include staff liaison recommendations along with board applications
for Council review.
2. Take no action and staff liaison recommendations will not be included along with board
applications for Council review.
Board Member Removal Process The process to remove a board member is described in the City’s Municipal Code as follows: “Sec. 2-53. Qualifications of members; appointment and term; removal vacancies.
(e) Any board or commission member may be removed from office by the Council, after public
hearing before the council, by majority vote, for reasons of inefficiency, neglect of duty, malfeasance in office, or violation of established rules and procedure.” The Council possesses extensive authority to remove board members for various reasons. The
Council could further broaden their powers by amending the Code to include the following
language: “Any board or commission member may be removed from office by the Council, after public hearing before the council, by majority vote, at the Council’s discretion.” Alternatively, or additionally, the Council could establish a code of ethics governing board member behavior as appointed officials and private individuals. Violating the code of ethics would be considered
justification for removal. An example code of ethics is attached to this memo (Attachment 3). If
the Council reaches consensus to establish a code of ethics, then staff will further review and revise the example code of ethics to achieve Council’s goals. ITEM 8: Staff requests direction to implement one of the following options:
1. Consensus to amend the Municipal Code to allow the Council to remove a board member
at their discretion.
2. Consensus to amend the Municipal Code to allow the Council to remove a board member
for violating a code of ethics.
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 7
3. Consensus to amend the Municipal Code to allow the Council to remove a board
member at their discretion as well as for violating a code of ethics.
4. Take no action and maintain the current board member removal process.
Unexcused Absences Code Defining an Unexcused Absence
Staff recommends amending the definition of an unexcused absence. The City Code defines an excused absence for board members as “illness, death in the family, or emergencies”. Board member absences due to vacation, conflicting obligations, technical difficulties, logistical challenges, or otherwise are unexcused.
Staff recommends amending the Code to define an unexcused absence as follows: “Any member of the board who is unable to attend a meeting shall notify the chairperson and staff liaison at least seven (7) days in advance of said board meeting, except for in the case of an illness, emergency, or force majeure. All other unnotified absences shall be considered unexcused.” The intent of this amendment is to allow board members to accrue reasonable
absences without them being considered an unexcused absence and counting toward automatic removal. If a board member accrues sufficient excused absences to cause the board’s Chair to believe that those absences are impairing the proper functioning of the board, then that board member could still be removed by the City Council under existing Municipal Code.
ITEM 9: Staff requests direction to implement one of the following options: 1. Consensus to amend the definition of an unexcused absence as recommended by
staff.
2. Consensus to amend the definition of an unexcused absence as directed by Council.
3. Take no action and preserve the current definition of an unexcused absence.
Maximum Unexcused Absences
Board members may be removed from boards for unexcused absences as described in the
Municipal Code: “Sec. 2-53. Qualifications of members; appointment and term; removal vacancies. (e) …Any time a member of a board or commission is absent from more than twenty-five (25)
percent of the meetings held by the board or commission within any calendar year, such member
shall automatically cease to be a member of the board or commission unless absences are determined as excused absences and are voted upon by a majority of remaining members of the board or commission. Excused absences could include illness, death in the family or emergencies. In addition, any time a member of a board or commission is absent a sufficient
number of times to cause the chairman of the board or commission to believe that such absences
are impairing the proper functioning of the board or commission, the chairman of the board or commission shall notify the Council, which shall hold a hearing to determine if such member shall be removed for neglect of duty.”
Staff has identified two issues with the Code that make it difficult to achieve the City’s goal of
automatically removing board members with multiple unexcused absences:
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 8
1. For boards that meet irregularly or infrequently, such as the Board of Adjustment or
Election Commission, it is difficult to determine how many unexcused absences would
constitute 25% until the year has ended.
2. The Code is based on the number of absences in a calendar year which means that
committee member absences reset to 0% every January 1. This could allow a board
member to accrue several unexcused absences before being automatically removed. For
example, the Code would allow a board member to accrue an unexcused absence at
monthly meetings in October, November, December, January, February, and March
without automatically ceasing to be a member of the board.
Staff recommends amending the Code to automatically remove board members that accrue two unexcused absences during a year of their term. The City of Brighton’s Code establishes that two
unexcused absences during a term constitute the resignation of a board member. The Council
could select the number of unexcused absences that they believe should result in an automatic resignation from a board. An example of an amended Code reflecting such a change follows: “Sec. 2-53. Qualifications of members; appointment and term; removal vacancies.
(e) …Any time a member of a board or commission accrues more than two unexcused absences
during meetings held by the board or commission within a year of, such member shall automatically cease to be a member of the board or commission unless absences are determined to be excused absences by a vote of the majority of remaining members of the board or commission.”
ITEM 10: Staff requests direction to implement one of the following options: 1. Consensus to automatically dismiss a board member with three unexcused absences in a
year.
2. Consensus to automatically dismiss a board member with two unexcused absences
in a year.
3. Take no action and maintain the current threshold of 25% unexcused absences within a
calendar year.
Amending the City Manager’s Appointment to the Cultural Commission.
The City’s Charter states that “The council shall make all appointments to all boards and commissions…” (Ch. IX, Sec. 9.3). However, the Municipal Code states that an at-large member of the Cultural Commission must be appointed by the City Manager (Sec. 2-55.). The Municipal Code is in conflict with the City Charter and must be amended to comply with the City’s
founding document. Staff recommends amending the Municipal Code so that the Council
appoints one (1) at large member of the Cultural Commission. Alternatively, the Council may remove the at-large member of the Cultural Commission. To facilitate the previous recommendation, it is suggested that the Council amend Sec. 2-53 (c)
of the Municipal Code which currently requires that appointments achieve equal representation.
The proposed amendment would allow the City Council to appoint an at-large member by enabling approximately equal representation of each council district without strict adherence to
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 9
absolute equality. The amendment would resolve any potential conflict that may arise from appointing an at-large member to the Cultural Commission. It is noted that the Council currently selects an at-large member of the Building Code Advisory Board.
ITEM 11: Staff requests direction to implement one of the following options: 1. Consensus to amend the Municipal Code to allow the Council to make one (1) at-
large appointment to the Cultural Commission and allow appointments to be made
that achieve approximately equal representation of each Council District.
2. Consensus to amend the Municipal Code to remove the at-large member of the Cultural
Commission.
3. Take no action on this issue and the Municipal Code will remain in violation of the City
Charter.
Codifying Alternates to the Board of Adjustment The Board of Adjustment (BOA) reviews and decides requests for variances and waivers of the City’s Zoning Ordinance and Sign Code and interprets these laws. Due to the significance of their responsibility, a supermajority is required to grant a variance, waiver, temporary building or
use permit, or make an interpretation. The BOA consists of eight members equally representing each of the City’s districts. Unlike other boards, the BOA also has four alternate members. These members have voting powers in the absence of regular members. Due to the supermajority requirement, it is in the applicant’s
best interest to have a full board present during their hearing, thus ensuring they have the best opportunity for approval. Notably, several other cities such as Brighton, Lafayette, and Northglenn also appoint alternates to their BOAs. The Municipal Code states that “All boards and commissions shall consist of eight (8) regular
members, unless a different number is provided by ordinance…” (Sec. 2-53. (c)). However, in the case of the BOA, the alternate members were not established by City Ordinance. They were improperly introduced by the BOA’s bylaws, which were approved by the Council via resolution. Therefore, the presence of alternates on the City’s BOA conflicts with the City’s Code.
As a result, staff recommends that the Council codify the existence of four alternate members on the BOA. If the Council selects this option, staff recommends that the alternates be subject to the same term limits and unexcused absence policy as regular members. Alternatively, the Council has the option to remove the BOA’s alternate board members altogether.
ITEM 12: Staff requests direction to implement one of the following options: 1. Consensus to codify the four alternate members of the BOA.
2. Consensus to remove the four alternate members of the BOA.
3. Take no action and the presence of BOA alternate members will remain in violation of
the City Charter.
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 10
Committee Appointments Policy There are several ways to determine if the Council, City staff, or both should appoint committee members. Here is one policy:
1. Council Selection:
a. Council should appoint members of quasi-judiciary committees.
b. Council should appoint members of advisory committees that have a direct
impact on policy development, require broad public participation, or serve as a
direct liaison between the community and the Council.
2. City Staff Selection:
a. City staff should appoint members of committees that provide technical
expertise, serve as a liaison between the community and the City regarding a
specific activity or program, or committees that are created for specific and
limited-term community engagement projects. The Active Adult Advisory
Committee is an example of a committee that primarily works with staff on
specific activities and programs at the center.
3. Hybrid Selection:
a. There may be times when the City creates a committee whose mission would be
best accomplished by members appointed by both Council and City staff. For
example, an advisory committee related to a specific public improvement project
that requires both specific technical expertise from committee members and a
wide representation of community members due to the sensitive nature of the
project.
If this policy is implemented, then it would follow that Council should select the membership of the Wheat Ridge Sustainability Committee and the Race and Equity Task Force’s requested advisory committee.
The Councils of Golden, Arvada, Lakewood, Littleton, and Lafayette select the members of their respective sustainability advisory committees. The Councils of Lakewood, Boulder, Fort Collins, Aurora, Lafayette, Greeley, and Commerce City select the membership of their respective diversity, equity, and inclusion focused advisory committees.
ITEM 13: Staff requests direction to implement one of the following options: 1. Consensus to adopt the committee member appointment policy as presented by
staff. As a result, Council will make all appointments to Sustainable Wheat Ridge
and a future Race and Equity Advisory Committee.
2. Consensus to adopt a committee appointment policy as amended by the City Council.
3. Take no action on this issue.
Resident and Registered Voter Requirement
All board members are required to be residents of the city and registered voters by the City’s
Charter and Municipal Code. Therefore, any modifications to these requirements would require voter approval to amend the Charter. Staff would like to bring this item to the attention of the
Staff Report – Boards and Commissions Code Amendments August 7, 2023
Page 11
Council but recommends postponing discussion and changes to coincide with additional Charter amendments in a future year.
City Code only allows residents that are registered voters to serve on boards, as stated in:
“Sec. 2-53. Qualifications of members; appointment and term; removal vacancies. (a) Members of all boards and commissions shall be residents of the city and registered voters.”
An alternative to the resident requirement is to allow people who reside, work, attend school,
own a business, or represent an organization in the city of Wheat Ridge to serve on certain boards. To maintain district representation, staff would recommend that non-resident board applicants be assigned to the district where their primary place of work, business, or school is located.
For some, but not all boards, such as their Transportation and Mobility Board, Arts and Culture Commission, and the Next Generation Advisory Board, the City of Littleton allows non-residents to serve as board members. The City of Brighton reserves some seats on their Youth Commission, Parks and Recreation Board, and Historic Preservation Commission for non-
residents membership. The City of Wheat Ridge currently allows one non-resident business
owner to be a member of Renewal Wheat Ridge Authority. The Cities of Golden, Littleton, Louisville, and Brighton do not require board members to be registered voters. The City of Wheat Ridge does not currently verify that board applicants or
members are registered voters. NEXT STEPS: Staff requests direction from the Council regarding amendments to the City’s Boards and Commissions Code.
ATTACHMENTS: 1. Boards, Commissions, and Committees of the City of Wheat Ridge 2. Draft Boards and Commission Application 3. Example Boards and Commissions Code of Ethics
Board, Commission, or
Committee Description of Duties District Members At Large Members Alternate Members Council or Staff
Appointment Median Tenure Status
Planning Commission
Develops the comprehensive plan for the City, makes recommendations
that the City Council ammend the comp plan, zoning, and development
regulations, and holds public hearings and makes recommendations to
the City Council on land use cases, planned development zoning, and
major and minor subdivisions.
8 1 0 Council 3yr.Codified
Board of Adjustment Holds public hearings and makes decisions on requests for variances and
waivers of the City zoning ordinance and sign code.8 0 4 Council 5yr.Codified
Building Code Advisory
Board
Holds appeals and makes rulings to overturn building inspector written
decisions that cause undue hardship. 4 1 0 Council 5yr.Codified
Cultural Commission
Promotes arts and culture in the City, makes related recommendations to
the City Council, and seeks community input on the management of
public art.
8 0 0 Council 3yr.Codified
Election Commission Establishes procedures to verify voter residency, provides for ballots and sample ballots, determines the winner of a race by lot in the event of a tie, and issues appropriate certificates.
0 2 + City Clerk 0 Council 3yr.Charter
Liquor Licensing Authority
Grants and refuses liquor licenses and special permits. Has discretion to
approve or deny applications for the renewal or transfer of any liquor
license. May suspend or revoke liquor licenses for cause in accordance with established law.
8 0 0 Council 3yr.Codified
Parks & Recreation
Commission
Consults with the Parks & Rec Director, promotes parks and recreation
activities to the community, seeks community input on the proper
management of parks & rec, and makes recommendations to the City
Council.
8 0 0 Council 3yr.Codified
Sustainable Wheat Ridge
Advises the City of Wheat Ridge on matters pertaining to environmental
sustainability. Engages with the community to promote sustainability
programs to residents and businesses.
0 12 0 Staff Unknown Uncodified
Active Adult Advisory Committee
Advises Wheat Ridge Active Adult Center (AAC) staff on matters
pertaining to the center, participates in fund raising for the AAC, recommends expenditures from the the Wheat Ridge Community Foundation on the AAC, and promotes senior programs and the AAC.
8 1 0 Staff Unknown Uncodified
Community Advisory Group
Acts as an advisory committee to the City of Wheat Ridge Police Chief, a
point of contact between the PD and the community, and supports
volunteer events like National Night Out.
0 10-15 0 Staff Unknown Uncodified
Boards, Commissions, and Committees of the City of Wheat Ridge
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ATTACHMENT 1
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Example Wheat Ridge Boards and Commissions Code of Ethics
Introduction: Members of City of Wheat Ridge Boards and Commissions are expected to uphold the
highest standards of ethical conduct to ensure the integrity, transparency, and accountability of their
actions. This Code of Ethics serves as a guide to regulate board and commission member behavior while
serving in their official capacity and as private individuals. By adhering to these principles, board and
commission members will foster public trust, promote fairness, and serve the best interests of the
community they represent.
I.Conduct as a Public Official
a.Duty to the Public:
i.We will act in the best interest of the community, prioritizing the welfare and
rights of the residents we serve.
ii.We will exercise our powers and responsibilities in a fair, impartial, and
transparent manner, avoiding conflicts of interest.
b.Integrity and Accountability:
i.We will conduct ourselves with integrity, honesty, and professionalism, avoiding
any form of bribery, corruption, or unethical practices.
ii.We will be accountable for our actions and decisions, providing accurate and
timely information to the public while respecting confidentiality when required
by law.
c.Respect and Civility:
i.We will treat all individuals with respect, dignity, and fairness, regardless of
their background, opinions, or beliefs.
ii.We will engage in constructive and civil discourse, promoting open dialogue and
listening to diverse perspectives.
d.Transparency and Openness:
i.We will ensure transparency in decision-making processes, providing
opportunities for public input, and communicating decisions effectively.
ii.We will disclose any potential conflicts of interest and rescue ourselves from
participating in decisions where our personal interests may influence objectivity.
e.Stewardship of Resources:
i.We will manage public resources responsibly, striving for efficiency,
effectiveness, and sustainability in our decisions and actions.
ii.We will avoid person gain from the use of public resources and work towards
maximizing public benefit.
II.Conduct as a Private Individual
a.Personal Integrity:
i.We will maintain high standards of personal integrity, honesty, and ethical
behavior in our private lives, recognizing that our actions can reflect upon our
public role.
ii.We will avoid engaging in activities that may undermine public trust,
compromise our impartiality, or create conflicts of interest.
b.Confidentiality:
i.We will respect the confidentiality of non-public information acquired through
our public discussions or engaging with stakeholders, ensuring that our personal
interests do not compromise the public interest.
ATTACHMENT 3
Example Wheat Ridge Boards and Commissions Code of Ethics
ii.We will not accept gifts, favor, or benefits that may influence our judgement or
compromise our objectivity.
c.Respect for Authority:
i.We will comply with all applicable laws, regulations, and policies, respecting the
authority of elected officials, City administration, and the legal framework that
governs our actions.
ii.We will act as responsible ambassadors for our respective boards and
commissions, upholding their mission and goals.
Conclusion: By adhering to this Code of Ethics, board and commission members pledge to serve the
public interest with integrity, accountability, and professionalism. They agree to recognize that their
actions as both public officials and private individuals have a profound impact on the community they
serve. They commit to strive to maintain public trust, fostering an environment of transparency,
fairness, and ethical conduct in all aspects of our role.
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
Marianne Schilling, Assistant City Manager FROM: Cole Haselip, Management Analyst
DATE: August 7, 2023
SUBJECT: Creating a Diversity, Equity, and Inclusion Focused Advisory Committee
ISSUE: Staff requests consensus from the City Council to determine the scope of work, structure, budget,
implementation timeline and title of a diversity, equity, and inclusion focused advisory
committee. PRIOR ACTION: On April 3, 2023, the Council reached consensus to accept the 2021-2023 Race and Equity Task
Force’s Recommendation Report, and to come back at a later date to discuss the creation of an
advisory committee. FINANCIAL IMPACT: If the Council directs staff to assign a budget to the committee, that will be included with the
City Manager’s Office in the 2024 Proposed Budget.
BACKGROUND: Following the tragic death of George Floyd on May 25, 2020, the City of Wheat Ridge took action by passing a resolution condemning racism and hate at the June 22, 2020, Council
Meeting. Recognizing the need for further action, on September 21, 2020, Council directed staff
to create a Race and Equity Task Force. The task force was assigned to review City policies, services, and ordinances as well as inequities in community systems and develop recommendations to make Wheat Ridge a more inclusive and responsive community.
The Council appointed 20 members to the task force in February 2021. These members met twice a month for two years to work on their assigned tasks. On April 3, 2023, the task force completed their assignment by presenting the Council with a report containing more than one hundred recommendations. Thereafter, the Council reached consensus to accept the report and create an advisory committee to continue the work of the task force.
Staff Report – Creating a Diversity, Equity, and Inclusion Focused Advisory Committee August 7, 2023
Page 2
DISCUSSION: Staff has completed a thorough analysis of regional and national diversity, equity, and inclusion advisory committees. As a result, staff has prepared the following memo detailing several
recommendations and options for the Council to determine the committee’s scope of work,
structure, budget, implementation timeline, and title. Scope of Work A scope of work defines the boundaries and expectations of the committee. It describes what the
committee should and should not do. Staff recommends the following scope of work for the
committee: The committee should:
• Advise the City Council on policies and practices to make Wheat Ridge a more diverse,
equitable, and inclusive community.
• Advise the City Council on the implementation of the 2023 Race and Equity Task Force
Recommendation Report.
• Act as a liaison between the community and the City Council, to bring forward issues and
solutions related to diversity, equity, and inclusion in the City of Wheat Ridge.
• Organize events and activities that promote diversity, equity, and inclusion.
• Promote diversity, equity, and inclusion programs to the community.
• Foster mutual respect and understanding of all persons.
The committee should not:
• Act as an oversight board to address community complaints regarding any of the
departments, personnel, and elected or appointed officials at the City of Wheat Ridge.
• Act as an oversight board to address community complaints regarding any of the
businesses, nonprofits, or other organizations in the City of Wheat Ridge.
• Investigate community complaints of discrimination.
• Exercise any judicial or quasi-judicial authority.
Structure
Appointments As this committee will advise the Council on matters related to diversity, equity, and inclusion, staff recommends that the Council select all committee members with a preference for experts in the field. To ensure a large and diverse pool of candidates, staff suggests choosing committee
members at-large, without imposing residency or registered voter requirements. The Council also has the option to appoint a mix of at-large and district members. If the Council selects this alternative, staff requests that the Council specify how the committee should be mixed. For example, four district members and six at-large members or eight district members
and two at-large members. As a final alternative, the Council could appoint all members with the goal to achieve equal district representation. In this case, staff recommends that the Council select a committee size of either eight or twelve members.
Staff Report – Creating a Diversity, Equity, and Inclusion Focused Advisory Committee August 7, 2023
Page 3
Committee Size Staff recommends that the committee consists of 10 voting members. 10 members is enough to complete the recommended scope of work without experiencing the inefficiencies and challenges
associated with significantly larger groups. 10 members is the average among the committees
that staff analyzed across the region and nation. Alternatively, 12 members is consistent with another City advisory committee, Sustainable Wheat Ridge. Rules
For clarity and simplicity, the committee should adhere to the term length, term limit, unexcused
absence, and member removal rules that apply to codified boards and commissions. Initial appointments should be staggered to ensure committee stability and effectiveness. Council Liaison
Staff recommends that the Mayor appoint a non-voting City Council Liaison to the committee.
The Council Liaison will attend committee meetings, keep the Council aware of the activities, decisions, and recommendations made by the committee, and share the Council’s perspective with the committee to ensure alignment between the goals of the committee and the objectives of the Council. The Council Liaisons duties are consistent with the practices within Sustainable
Wheat Ridge.
Staff suggests that the Council Liaison be limited to serving in this role for a single two-year term beginning in even numbered years. The Council may choose not to add the position of Council Liaison to the committee. In which case, the committee will communicate with the
Council via letters, recommendations communicated by staff, and/or comments delivered at
Council Meetings. Budget Staff recommends that the Council budget $10,000 in the 2024 budget to organize events,
activities, and promote diversity, equity, and inclusion in the City. Several of the committees that
staff analyzed in similarly sized cities had comparable budgets. The Council may select to assign a greater, lessor, or no budget to support the committee. If the Council does not want to include events, activities, and promotions in the committee’s scope of work, then staff recommends against assigning a budget to the committee.
Implementation Timeline
Staff recommends that the City begin to accept applications for the committee by fall 2023 with
the goal of appointing members by early 2024.
Title Staff requests that the City Council reach consensus on the committee’s name. Staff has included
a list of possible titles for the committee:
1. Justice, Equity, Diversity, and Inclusion (JEDI) Committee
2. Diversity, Equity, and Inclusion (DEI) Committee
3. Inclusion, Diversity, and Equity Advancement (IDEA) Committee
4. Committee for Advancing Race and Equity (CARE)
Staff Report – Creating a Diversity, Equity, and Inclusion Focused Advisory Committee August 7, 2023
Page 4
5. Race and Equity Committee (REC)
6. Human Relations Committee (HRC)
COUNCIL OPTIONS: Staff is seeking direction from City Council on the following items:
• Scope of the committee
• Structure of the committee
• 2024 proposed budget level
• Name of the committee
ATTACHMENTS:
None.
Memorandum
TO: Mayor and City Council
THROUGH: Lauren Mikulak, Community Development Director Patrick Goff, City Manager
FROM: Scott Cutler, Senior Planner Jana Easley, Planning Manager Mary Hester, Sustainability Coordinator
DATE: July 28, 2023 (For August 7, 2023 Study Session)
SUBJECT: Parking and Charging for Electric Vehicles (EVs) and Bicycles
PRIOR ACTIONS: In April 2023, City Council gave staff direction to return to a Study Session to discuss electric vehicle (EV) charging, EV parking and bicycle parking requirements, including the potential for e-bike charging. Since then, staff has completed additional research into the current City code,researched best practices and terminology, and researched requirements from the State and other
cities.
ISSUE: The current zoning code has minimal requirements for bicycle parking and has no EV charging or parking requirements. Current requirements are discussed at the end of this section. Likewise,
the City’s current adopted building codes and local amendments (2018 International Building Codes or IBC and 2020 National Electric Code or NEC) allow for EV charging, but current building codes do not mandate placement, design, or minimum quantities or percentages.
The Sustainability Action Plan, which was presented to Council in 2018, has transportation as
one of six focus areas, including goals to install electric vehicle charging stations strategically throughout the community, to promote the adoption of alternative fuel vehicles in local government and the City as a whole, to reduce vehicle parking requirements and incentivize bicycle/EV/shared mobility parking, and to provide for secure bicycle storage in new developments.
Current EV Parking/Charging Requirements There are currently no EV parking or charging requirements for private developments in the zoning code (Chapter 26). Chapter 22 (Public Works) also does not contemplate EV charging in the right-of-way. The IBC provides guidance for EV readiness and charging installations but
does not mandate EV parking spaces for any type of construction.
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Current Bicycle Parking Requirements Ordinance 1766, passed on June 26, 2023, increases minimum bicycle parking requirements in
mixed use zone districts to 1 space for every 4 dwelling units for multi-unit residential
developments, and 1 space for every 10 vehicle parking spaces for commercial developments. No development can provide fewer than 4 total bicycle parking spaces. These requirements were essentially doubled from the previous version of the code. The ordinance also encourages secured indoor bicycle parking for multi-unit residential development, but it does not establish
any requirements for indoor parking. At the time, staff anticipated additional research being
needed in order to pass a more comprehensive bicycle parking/storage ordinance.
Developments in all other zone districts in the City must comply with the bicycle parking requirements in Section 26-501, which was adopted in 2001 and contains minimal bicycle
parking requirements. The table below describes some of the current requirements:
Use Number of Required Bicycle Spaces General commercial/institutional uses and multi-unit residential uses 5 percent of total required vehicle spaces (i.e. 1 space for every 20 vehicle spaces), but no less than 2 spaces
Auto-oriented uses (drive-thrus, gas stations, auto repair) None
Schools 1 space per 20 students
Section 26-501 allows for a reduction in vehicle parking spaces of up to 10 percent if additional bicycle parking beyond the above requirement is provided. For every 2 additional bicycle parking spaces beyond the minimum requirement, 1 vehicle parking space can be removed, up to a total of a 10 percent reduction.
Section 26-501 does not contemplate any indoor bicycle storage. The building code does not mandate electrical outlets in bicycle storage rooms but would allow them if included in the plans. E-bikes do not require upgraded electrical infrastructure like EVs do; further discussion isprovided below.
HB23-1233 (Statewide EV Charging and Parking Requirements) The Colorado State Legislature, with the signature of Governor Jared Polis, approved HB23-1233 in June 2023 which requires the state electrical board to adopt rules facilitating electric vehicle charging at multi-unit buildings and creates regulations and requirements regarding EV
parking. The purpose of the state legislation is to further the State’s goals related to the reduction of greenhouse gas emissions and to expand the charging infrastructure necessary to support a growing EV market share.
To that end, the bill also mandates that municipalities comply with the EV power transfer
infrastructure requirements in the statewide Model Electric Ready and Solar Ready Code. Staff will discuss how these changes relate to building code updates at a later date as part of the building code adoption process, but the purpose of including this information in the memo is to indicate that the City will need to update the zoning code and update the approach to EV
charging and parking as a whole. The portions of HB23-1233 most relevant to Wheat Ridge
when discussing EV parking and charging are:
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•Requires compliance with all the EV requirements in the Model Electric Ready and Solar
Ready Code by March 1, 2024, including minimum parking requirements (described
further in the discussion section below).
•Prohibits unreasonable restrictions on EV installations for both tenants and owners.
•Prohibits local governments from banning EV parking or charging.
DISCUSSION:
EV Parking and Charging There are three tiers of EV charging facilities that are based on the amount of charging
infrastructure installed. These terms come from the federal Department of Energy and will be
used throughout this memo:
•EV Capable: This refers to a facility for which infrastructure is available for futureinstallation of an EV charging station (i.e. conduit, breaker space, and junction box), butno wiring or charging equipment is installed. EV Capable allows for easier future
installation when ready, since most of the pre-work is done including electrical panel
capacity.
o EV Capable Light: The State of Colorado created this term to refer to EV Capableinfrastructure that only includes the conduit, not any of the other breakerspace/electrical panel capacity required to be EV Capable. This is a lower-cost
install that simply places the conduit for future EV Capable/Ready/Installed.
•EV Ready: This refers to a facility for which the necessary infrastructure and wiring isinstalled, but no additional charging unit or adapter is installed. This usually means wiresterminate in a junction box, or in the case of a home garage a 240-volt wired outlet isprovided. EV Ready installations are typical for residential parking spaces especially
single-unit, duplex, townhome and condos where dwelling units are owned individually.These are often found in garages, which would allow a resident to plug directly into the240v outlet or have one easily installed from the junction box.
•EV Installed: This refers to a complete charging facility that includes all infrastructure,outlet, and charging station. This infrastructure is typical for commercial and some multi-
unit residential properties, as well as standalone charging facilities (like Tesla
Supercharger stations). Examples of EV Installed facilities are at City Hall, theRecreation Center, and Fruitdale School Lofts.
Additionally, there are different tiers of ready and installed EV infrastructure based on how
powerful the charging infrastructure is, resulting in different charging times. These terms will not
be used as frequently throughout this memo, but it is important to understand the differences:
•Level 1: Standard 120-volt power. This household outlet can be used to power a plug-inhybrid vehicle (PHEV) but is not typically used for a standard EV because it can take up
to 24 hours to fully charge.
•Level 2: 240-volt power. This service is already used in residential contexts for heavyduty appliances (such as dryers, electric ovens and central AC). When Level 2 outlets areinstalled in a garage, EVs can charge in 12 hours or less. Level 2 charging is very
common for at-home charging because such outlets can be pre-installed in homes or
installed with a simple retrofit (i.e. an EV Ready space in a garage). Level 2 charging is
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also common for public charging stations for multi-unit residential and commercial sites, including the one at City Hall (an EV Installed space).
•Level 3: Rapid charging can take approximately 30 minutes to fully recharge. These arevery expensive to install and more likely to be built as dedicated, freestandinginfrastructure. Some can be proprietary, i.e., only work for certain types or models ofEVs. These are always considered EV Installed spaces.
Surrounding Communities EV Parking/Charging Area communities have a mix of requirements which were created prior to the approval of HB23-1233. Some communities, like Wheat Ridge, do not have any EV parking mandates, although communities are increasingly adopting EV parking requirements, including Edgewater
which is working on an EV-friendly ordinance. Others require some level of EV parking, often
depending on use or number of dwelling units. Requirements also vary between the number of EV Capable, Ready, or Installed spaces. Multi-unit residential developments are more typically required to provide a certain percentage of EV Installed spaces, and a larger percentage need to be EV Capable and/or EV Ready.
A sample table of various municipal requirements is provided below, as well as the new HB23-1233 requirements for comparison:
Municipality Commercial EV Parking Requirements Multi-Unit Residential EV Parking Requirements
Single-Unit, Duplex, and TH EV Parking Requirements
Lakewood 2% EV Installed, 13-18% EV Capable (depending on use), for all uses requiring over 10 parking spaces
2% EV Installed, 18% EV Capable, for all developments requiring over 10 parking spaces
1 EV Capable space per dwelling unit
Golden 1 EV Installed space per 15 required spaces, plus 15% EV Capable spaces, for all
uses requiring 15+ parking spaces
1 EV Installed space per 15 parking spaces, plus 15% EV capable spaces,
for all developments requiring 15+ parking spaces
Lafayette 2% EV Installed, 5% EV Ready, 10% EV Capable 2 EV Ready spaces or 10% (whichever is greater), plus 20% EV Capable
1 EV Ready space per dwelling unit
Louisville 5-7% EV Installed, 10%EV Ready, 10-15% EVCapable
10% EV Installed, 50% EV Ready, 10% EV Capable
1 EV Ready space plus 1 EV Capable space per dwelling
unit (assumes 2
spaces per unit is required)
Denver 10% EV Installed, 5% EV Ready, 10% EV Capable 2-15% EV Installed, 0-5% EV Ready, 5-40%EV Capable (rangesbased on building type)
1 EV Ready space per dwelling unit if parking is in a dedicated garage
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HB23-1233 (Model Electric and Solar Ready Code)
2 EV Ready spaces if fewer than 10 parking spaces required; for all others: 2% EV Installed, 8% EV Ready, 10% EV
Capable, 10% EV Capable Light
5% EV Installed, 15% EV Ready, 10% EV Capable, 15-30% EV Capable Light (no EV installed required if 10
fewer than 10 spaces is required, ranges based on # of units/required spaces)
1 EV Ready space per dwelling unit (if designated garage or assigned parking space is provided)
As of the date of this memo, Arvada, Edgewater, Englewood, Westminster, and Brighton do not have defined EV parking requirements in the zoning code. However, Edgewater is working on an EV-friendly ordinance. Jefferson County is also initiating an EV Action Plan in 2023.
Additional Considerations City Code does not have a definition for commercial Level 3 electric vehicle charging facilities (i.e., freestanding rapid-chargers with multiple parking spaces) which are becoming more prevalent nationally. As part of a potential future ordinance, it is important to consider
recognizing and allowing these standalone land uses. Occasionally they are also found as
accessory uses to a primary use, such as a collection of chargers in a parking lot of a big-box commercial retailer. Typically, they are permitted in commercial, industrial, and mixed-use zones, particularly highway-oriented zones. The use is somewhat similar to gas stations in that they are auto-oriented, but can be built on a smaller footprint and have fewer negative
externalities such as idling vehicles and large fuel trucks.
Current and Future Market The City is not seeing the private market deliver EV spaces in new developments, beyond a couple of spaces here and there. This is despite a nationwide increase in the prevalence of EVs,
with almost 6% of new car sales in 2022 being EVs, a 55% increase from 2021. The City has
also seen limited interest in building freestanding EV charging facilities despite the City’s proximity to Interstate 70 and Highway 58. However, HB23-1233 encourages the department of transportation to collaborate with public or private entities to develop projects for the construction of electric vehicle charging systems along state and interstate highway systems
which could increase the level of interest.
Recommendations & Discussion – EV Parking & Charging Based on the above discussion and research, staff is making the following recommendations and seeking policy direction from City Council on this topic. Staff had originally created some
different recommendations to align Wheat Ridge with requirements of surrounding communities
but is now recommending the below requirements in order to comply with new state law. 1. Staff recommends a certain percentage of parking spaces at new commercial developments to be EV Installed and EV Capable. The percentages are based on the
minimum number of required parking spaces, not the number of provided spaces. The
percentages will comply with the requirements of HB23-1233. a. EV Installed: 2% b. EV Ready: 8% c. EV Capable: 10% (plus 10% additional EV Capable Light)
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d. For buildings requiring less than 10 parking spaces, only 2 EV Ready spaces arerequired.
Does Council agree? (For reference, staff’s original recommendation was 2% EV
Installed and 15% EV Capable).
2.Staff recommends the same percentage of parking spaces at new multi-unitapartment/condo developments to be EV Installed and EV Capable. The percentages are
based on the minimum number of required parking spaces, not the number of provided
spaces. The percentages will comply with the requirements of HB23-1233.a.EV Installed: 5%b.EV Ready: 15%c. EV Capable: 10% (plus 30% additional EV Capable Light)
d.For sites requiring less than 10 parking spaces, no EV Installed spaces are
required, 15% must be EV Ready, and 10% + 10% must be EV Capable + Light.
Does Council agree? (For reference, staff’s original recommendation was 2% EV Installed and 15% EV Capable).
3.Staff recommends at least 1 EV Ready space (240v outlet) per dwelling unit (if
designated garage or assigned parking space is provided) for new single-unit, duplex,and townhome developments when designated garage spaces for each unit are provided.Does Council agree? (This was also staff’s original recommendation)
4.Staff recommends new EV installations (Installed and Capable) when major additions
are occurring on commercial/industrial and multi-unit residential sites. This thresholdwould be any expansion resulting in a 60% increase in floor area; this is the samethreshold by which the code triggers required public improvements. The count of new EVinstallations would be on a proportional basis based on the increased floor area (not based
on the total parking required). Does Council agree?
a. State law also requires that full EV upgrades take place when renovations thatchange a minimum of 50% or more of a parking area take place.
5.Staff recommends expressly allowing freestanding EV charging facilities in commercial,
industrial, and mixed-use zone districts as a permitted primary and accessory use. Does
Council agree?
The above recommendations will require modifications to the zoning code to establish minimum EV parking requirements and modifications to the building code to define terms and provide
technical requirements. Staff will need to explore what building code amendments or adoption is
required, particularly with new state mandates regarding electrical codes.
Bike Parking and Storage When considering bike parking, there is a notable difference in experience between a typical
outdoor u-rack bicycle parking space and a secured indoor facility. While u-racks are reasonable
for temporary bicycle parking, especially when placed near areas of congregation or building entrances, they are often not a secure solution for long-term bicycle storage. Long-term bicycle parking can come in the form of covered and gated exterior storage, bicycle lockers, or bicycle storage rooms within buildings or parking garages. Some new apartment developments in Wheat
7
Ridge are voluntarily providing small bicycle storage rooms either within the building or parking garage, including West End 38, Edison, and Parallel. Others are electing not to unless required
by code. The image below is from the Parallel bicycle storage room which includes a couple of
electrical outlets.
Surrounding Communities Bicycle Parking
Most surrounding communities require some form of long-term bicycle parking for residential uses, and some also require long-term bike parking for commercial or educational uses. Some communities also require shower and changing facilities in employment-based buildings over a certain size, which result in some vehicle parking reduction incentives. Some communities, like
Wheat Ridge, provide allowances for reduced vehicle parking if additional bike parking beyond
the minimum requirement is provided.
Typically, the number of required long-term spaces (generally indoor/secured spaces) is a smaller percentage of the overall bicycle parking requirement. For example, in Denver and
Arvada, 1 in 5 bicycle spaces for multi-unit residential must be enclosed indoors. In more urban
zone districts in Denver, up to 4 in 5 bicycle spaces must be enclosed indoors. In Lakewood, half of bicycle parking needs to be long-term. These long-term bicycle parking requirements often result in small bicycle rooms or parking garage enclosures in most new apartments.
E-bikes: Storage and Charging
E-bikes, defined in Chapter 17 of the City Code as “Electrical Assisted Bicycles”, areincreasingly prevalent as prices have lowered and some communities and states have providedvouchers to help residents purchase them. E-bikes are put into three classes based on their powerand requirement for human input:
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•Class 1: An e-bike equipped with a motor that only provides assistance when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20
miles per hour. This type of e-bike is considered a bicycle by City Code and permitted
wherever bicycles are.
•Class 2: An e-bike equipped with a motor that provides assistance regardless of whetherthe rider is pedaling but ceases to provide assistance when the bicycle reaches 20 miles
per hour. This type of e-bike is considered a bicycle by City Code and permitted wherever
bicycles are.
•Class 3: An e-bike equipped with a motor that provides assistance only when the rider ispedaling and that ceases to provide assistance when the bicycle reaches a speed of 28
miles per hour. This type of e-bike is considered a motor vehicle (similar to a moped) and
prohibited on City paths and trails.The above requirements were approved by City Council in 2018 through Ordinance 1660, and are very similar to surrounding communities. Class 1 and 2 e-bikes look and feel like regular bikes and are regulated as such. This study session is not meant to cover the nuances of e-bike
regulation and a bicycle storage ordinance will not make any changes to the above requirements.
Overall, communities do not differentiate between e-bikes (Class 1 & 2) and standard bicycles when considering parking and storage requirements. Some e-bikes may require slightly more space but can typically be stored in a standard bicycle room or enclosure, if not within a dwelling
unit. Communities do not address the need for electrical outlets in bicycle storage rooms, and as discussed in the Issue section above, the building code does not mandate outlets in these rooms but does allow them. There is no need to make specific changes to the zoning code in this instance. The 2024 IBC update is the time and place to discuss additional changes and mandates, such as requiring outlets for charging e-bike batteries in bike storage rooms. Because e-bike
batteries are much smaller than EV batteries, they do not require upgraded electrical infrastructure like EVs do and can be changed on a standard 120v outlet.
Recommendations & Discussion – Bicycle Parking and Storage Based on the above discussion and research, staff is making the following recommendations and
seeking policy direction from City Council on this topic.
1.Staff recommends increasing the bicycle parking requirements found in 26-501 andmodernizing and simplifying that section to align with the recently-updated requirementsin 26-1109 (mixed-use). Does Council agree?
2.Staff recommends requiring secured, indoor bicycle storage for multi-unit residentialdevelopments over 50 dwelling units in this way:a.50% of all required bicycle parking must be long-term storage indoors.b. If building a parking garage, which implies a more urban/dense context, then 75%
of all required bicycle parking must be long-term storage indoors.c.Requirement for indoor bicycle storage does not exclude the minimum exteriorbicycle parking requirements, which can be achieved with a standard u-rack (i.e.there will still be some exterior guest parking for all buildings).Does Council agree?
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3.Staff recommends additional vehicle parking reduction incentives for office andinstitutional uses up to an additional 10% if the following are provided:
a.Secured, indoor bicycle storage meeting the requirements for multi-unit
residential development (additional 5% vehicle parking reduction).b.Shower and changing facilities accessible to employees nearby the bicycle storagearea (additional 5% vehicle parking reduction).
The above recommendations will only require modifications to the zoning code. If Council
wishes to mandate 120v outlets in bicycle storage rooms for e-bike battery charging, which is currently voluntary, the 2024 IBC code adoption cycle is the place to discuss adding that requirement.
NEXT STEPS
Based on this direction and discussion, a future study session will be necessary to present potential zoning code amendments and Council consensus in more detail. Changes to the building code, if any, are better suited to discuss during that code adoption process, though any requested changes can be added to the list for consideration.
ATTACHMENT:
1.Letter of Support from Sustainable Wheat Ridge
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924
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July 27, 2023
Dear Wheat Ridge City Council: Thank you for taking the time to consider electric vehicle (EV) charging, electric bike (e-bike) charging), and bike parking requirements in the City of Wheat Ridge. Sustainable Wheat Ridge (SWR), an all-volunteer advisory committee, focuses on transportation, energy efficiency, renewable energy, water, and
waste in Wheat Ridge. Our committee includes multiple community members with expertise in building codes and sustainable transportation, and we would like to offer our support and recommendations for considering updating city requirements in these areas. EV parking and EV readiness ● Adopt as soon as possible to not miss development opportunities: Addressing building and
zoning codes to ensure more sustainable development is one of the top levers local governments have to reduce emissions. We encourage Council to support staff’s proposal and pursue adoption of EV-ready codes that meet or exceed the newly issued minimum state codes and passed legislation as soon as possible so as not to miss out on the opportunity of new developments going through the pipeline in the next few years, prior to the full building code update anticipated in 2026. We also support staff’s recommendation to define major additions and apply the requirements proportionally to those projects. In addition to EV-readiness, we encourage Council and staff to consider also adopting the new minimum state codes for electric-ready and solar-ready for new construction and major additions as soon as possible for the same reasons. ● Additional recommendations: Sustainable Wheat Ridge offers the following additional recommendations to staff’s proposal for consideration:
○ HB23-1233 also requires local governments to count EV parking spaces towards minimum parking requirements and to allow ADA accessible EV charging spaces to count as 2 spaces. We encourage Council and staff to ensure any code updates in these areas reflect these new requirements. ○ Staff notes that there have been limited standards related specifically to EV charging in the zoning and building codes to date. Recent reports have noted that jurisdictions
without a clear and efficient process for permitting EV charging (particularly DC fast chargers) through zoning and building codes can slow deployment and see EV charging providers choose to locate elsewhere. Some of the best practices identified that we urge Council and staff to consider developing and adopting include: having a clearly communicated and standardized process for EV charging station permitting, applying objective standards for approval, designating EV charging as a permitted accessory or primary use subject to administrative approval, limiting aesthetic standards such as landscaping requirements, and training staff on the processes.
○ While staff notes that DC fast charging stations are often located in auto-oriented areas, Sustainable Wheat Ridge encourages facilitating siting in commercial areas as an economic development opportunity. Unlike fueling conventional vehicles, EV drivers
often have 30 minutes to an hour while charging to dine or shop at local businesses. ● State grants are available to support code adoption: Should it be needed for this effort, or pursuing adoption of the electric and solar-ready codes, the state has a new grant program available to support communities pursuing adoption of these codes. There are four rounds of
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924
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funding, with the first open now, and communities can apply for between $15,000-$125,000 for
individual governments, with a 20% match required, in-kind match is acceptable (for more information: Energy Code Adoption & Enforcement Grant Program). ● Key reasons Sustainable Wheat Ridge encourages Council to act include: ○ Emissions reduction. While Wheat Ridge has limited to no authority over major ways to control emissions, including the electric grid mix or vehicle emissions standards, the City does have authority over its building and zoning codes to steer new development towards
more sustainable technologies and more compact development patterns. ○ Cost effectiveness. Costs to make parking EV Capable at the time of construction are typically small, but remove significant financial barriers for building owners to retrofit later—typically saving around 75% compared to retrofit costs. ○ Need for charging in multi-family. Most EV charging occurs at home, where vehicles are most often parked. This can be a particular challenge in multi-family buildings where
costs to retrofit parking lots or garages are typically much more expensive than simply adding a 240V outlet to a single family home. Ensuring that new multi-family homes have access to charging will be critical for supporting adoption for residents. ○ Future proofing. Because the parking structures and lots built this decade may last for several decades (25-40 years for parking structures, and at least 15 years for parking lots),
these investments will help future-proof developments. The state has a goal to achieve 70% of new car sales in Colorado to be electric by 2030 and, with a nearly complete electrification of the transportation system by midcentury. ○ Economic development. Tourists and others passing through Wheat Ridge and other communities will choose to shop and dine where they can charge their EV. Ensuring charging is not a barrier for doing business in Wheat Ridge is critical.
Bike and e-bike parking ● Recommendations:
○ We support staff’s proposed incentives to encourage developers to build more bike parking in order to build less vehicle parking. This can help incentivize bicycling over driving and less auto-oriented new development designs.
○ In modernizing the bike parking requirements, we encourage the city to otherwise decouple the amount of bike parking provided from the amount of vehicle parking required, and instead have the requirements relate to the number of residential units, square footage of the business, or other factors as relevant. We believe this approach is more in line with the city’s recent efforts to reduce vehicle parking requirements at multi-family housing, and hope they will pursue other efforts to reduce vehicle parking, which encourages driving and vehicle ownership. ○ We encourage the city to consider adopting standards to support e-bike charging with
indoor bicycle storage sooner than the anticipated 2026 code update to support the significant increase in e-bike usage in Colorado. ● Key reasons Sustainable Wheat Ridge encourages Council to act include: ○ Effect on emissions: Researchers have found that e-bike riders take longer trips compared to regular cyclists, and often use their e-bikes to replace car trips. Since most trips that Americans make are less than 3 miles, there is great potential for e-bikes to
replace car trips and therefore lessen our air and climate pollution. Many e-bike models
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924
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are also designed to carry cargo - including kids, pets, or groceries - and so make
skipping the car trip even more possible. ○ Adoption is rising and there are new state incentives: E-bike adoption rates have been increasing rapidly since the start of the pandemic, and new state incentives will likely drive adoption rates further. This summer, the Colorado Energy Office will be launching a statewide e-bike rebate program to help low and moderate income Coloradans afford an e-bike through a local bike shop. In addition, the General Assembly passed legislation
establishing an e-bike tax credit that will go into effect next year. Also, the state will be continuing its grant programs to local governments and organizations to support local e-bike libraries, as well as a new e-cargo bike program for restaurants or other delivery needs. Thank you for your consideration,
2023 Members of Sustainable Wheat Ridge