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HomeMy WebLinkAbout9-25-23 City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO September 25, 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 September 25, 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: 839 4231 9884 Passcode: 417456 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes – August 28, 2023 City Council Meeting Minutes – September 11, 2023 Study Session Notes – September 18, 2023 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation honoring Dr. Michele Haney 2. Cancer Awareness Month 3. Domestic Violence Awareness Month PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 22-2023 – an ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) 2. Council Bill No. 24-2023 – an ordinance amending Article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunications service ORDINANCES ON FIRST READING 3. Council Bill No. 25-2023 – an ordinance amending Sections 2-53 and 2-55 of the Wheat Ridge Code of Laws concerning membership of Boards and Commissions 4. Council Bill No. 26-2023 – an ordinance amending Sections 11-504, 11-506 and 2-80 of the Wheat Ridge Code of Laws concerning short term rental licensing enforcement DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 46-2023 – a resolution in support of the City filing a commitment to the State of Colorado, Division of Housing, to increase the City’s supply of affordable housing to be eligible for future Proposition 123 funds 6. Motion to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center Parking Lot Repair Project to allow for an additional contingency amount of $30,000 for a total not-to-exceed amount of $619,400.72 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  August 28, 2023  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm         Rachel Hultin           Janeece Hoppe Amanda Weaver     Korey Stites       Valerie Nosler Beck (virtual) Leah Dozeman was absent due to illness. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Deputy Mayor, Allison Scheck; Director of Public Works, Maria D’Andrea; Assistant Mayor, ------, Director of Community Development, Lauren Mikulak; Senior Planner, Scott Cutler; other staff, guests and interested citizens.  APPROVAL OF MINUTES  Special Study Session Notes of August 14 2023  City Council Meeting Minutes of August 14, 2023 The above Notes and Minutes were approved without changes to any of these records. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES National Suicide Prevention Awareness Month Mayor Starker read the proclamation focused on National Suicide Prevention Week, an annual month-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and warning signs of possible suicidal risks. The Mayor presented the proclamation to Rachel Miller Jefferson Center for Mental Health who accepted the honor saying as the Suicide Prevention Coordinator and member of the Coalition, who said that this proclamation makes a real difference. Proclamation recognizing the Homeless Navigator Program Rebecka Rudabaugh has served for 3 years as our Homeless Navigator, during which she and her colleagues have found permanent housing for 100 people. The Mayor recognized her accomplishments and asked her to make a few comments. She discussed the work accomplished and all the work that remains to be done. She recounted the bureaucratic barriers to obtaining out of state birth certificates or academic and medical records, so people can receive social services. 2023 Carnation Festival Committee Recognition and Plate Presentation The Mayor recognized Mr. Joe DeMott, chair of the Carnation Festival, acknowledging the successful 2023 event. Mr. DeMott recognized the 18 members of the Festival Committee, especially CM Dozeman. He presented the Mayor with the 2023 Festival Plate, which will have its place of honor along the east wall of Council Chambers. Mr. DeMott thanked the staff across several City departments for their hard work and help. He also mentioned the fund raising that takes place during the festival for several non- profits. PUBLIC’S RIGHT TO SPEAK No one came forward to speak. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech) One comment appeared in Wheat Ridge Speaks: • Aug 28, 2023 ∙ 9:27am I rarely look at the City Council agenda but I saw this on the agenda and I cannot be more excited. I have Xfinity for internet and its awful! Having Google Fiber in Wheat Ridge would be a dream come true! Their prices are much lower and quality of service is so much higher than other service providers. Competition is needed in the world of internet service providers. If Google Fiber is approved, I would be honored to be customer #1! Christian Gray 6755 W 33rd Ave Wheat Ridge, 80033 1. CONSENT AGENDA CM Hoppe introduced the consent agenda. a. Resolution No. 40-2023 – a resolution supporting three applications to the Jefferson County Open Space Trails Partnership Program. Issue The Parks and Recreation Department wishes to submit three applications to the Jefferson County Open Space Trails Partnership Program to request funding for three trail projects across the city. A City Council resolution of support is required for the applications. b. Motion to approve the Mayor’s appointment of Julia Stern to the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge Issue On July 5, 2023, Kristi Davis from District II resigned from the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge, effective immediately. The vacancy was posted for a term of four weeks on the City of Wheat Ridge website and promoted through various channels from July 17-August 11. Appointments to the Authority are made by the Mayor, subject to approval by a majority vote of the entire City Council. There is one applicant from District II, who newly applied, and two applicants from other districts who applied in January during the regularly scheduled reappointment process. If, after reasonable advertisement, no applications are received from residents within the relevant City Council district vacancy on the Authority, any otherwise qualified resident of the City may be appointed. c. Resolution No. 41-2023 – a resolution amending the Fiscal Year 2023 Capital Improvement Program budget to reflect the approval of a supplemental budget appropriation in the amount of $85,126 for the purposes of accepting a $70,000 Main Streets grant and to make pedestrian improvements at the 38th Avenue and Reed Street intersection. Issue The City was awarded a Revitalizing Main Streets grant from the Colorado Department of Transportation (CDOT) in the amount of $70,000 to reconstruct the sidewalk on the south side of 38th Avenue at Reed Street and install an enhanced crosswalk across 38th Avenue on the east side of Reed Street. The full cost of the project, $85,126, exceeds the grant amount. A supplemental budget appropriation is required to accept and appropriate the grant and supplemental in the 2023 budget. d. Resolution No. 42-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $37,586.79 for the purpose of accepting grant funds from the Colorado Department of Early Childhood Issue In 2022, the City was awarded federal funding through the State of Colorado Department of Early Childhood’s Child Care Stabilization and Workforce Sustainability grant program for the Sun Camp and Licensed Preschool childcare program through June 30, 2023. The Department of Early Childhood has offered additional grant funding in the amount of $37,586.79 for these programs through September 30, 2023. A resolution approving a supplemental budget appropriation is required to accept and appropriate this additional grant funding. e. Resolution No. 43-2023 – a resolution amending the Fiscal Year 2023 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $132,868 for the purpose of amending the 32nd Avenue Bike Lanes contract with David Evans & Associates, Inc Issue A contract was previously awarded to David Evans & Associates, Inc. (DEA) for the 32nd Avenue Bike Lanes project. After the contract award, the City received a transportation improvement (TIP) grant providing additional construction funding and the ability to provide better bike/ped facilities for the westbound direction. The TIP grant federalizes the process and increases the environmental clearance process. An amendment to the 32nd Avenue Bike Lanes contract with DEA, in the amount of $132,868, is being presented for consideration to include the additional design and environmental work associated with the TIP grant. f. Motion to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center parking lot repair project to allow for an additional contingency amount of $55,000 for a total not-to-exceed an amount of $589,400.72. Issue A contract for the repair of the Recreation Center parking lot was approved by City Council in June 2023 in the amount of $485,900.72 plus a staff-managed contingency of $48,500 for a total not-to-exceed contract amount of $534,400.72. Staff is requesting that the contingency amount be increased by an additional $55,000 to account for additional work on the project that has been identified since contract award. Specifically, the project would install additional ADA-accessible parking stalls, enhanced striping for electrical vehicle parking, and drainage improvements along the rear access road to the facility. This would increase the total not-to-exceed amount of the contract to $589,400.72. Motion by CM Hoppe to approve Consent Agenda Items a.), b.), c.), d.), e.), and f.) seconded by MPT Stites, motion carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 20-2023 – An Ordinance amending Sections 11-561, 11-566 and 26-114 of the Wheat Ridge Code of Laws, concerning the Hotel Licensing Program. CM Hoppe introduced Council Bill 20-2023. Issue On October 25, 2021, City Council passed ordinance 1723, adding a new article XIV to Chapter 11 and updating use schedules in Chapter 26 of the Wheat Ridge Code of Laws to establish a hotel licensing program. Sec. 11-569 of the Code requires Council to review the implementation of the ordinance on or before June 30, 2023, and every 18 months thereafter. Council conducted a review of the ordinance on June 12, 2023, and provided consensus for some updates to the Wheat Ridge Code of Laws. This item passed first reading on August 14, 2023, and was published on August 17, 2023. Since first publication, staff identified two additional suggested improvements to the code to provide clarity for licensees. The changes as outlined below are not program changes but are simple clarifications of the program as it is currently being implemented. As a result, Section 2 is included in the attached ordinance in red font with minor changes in capital letters for Council’s consideration. The two changes are as follows: 1. Section 11-564.2 clarifies that the City’s expectation is that the licensee participates in the certified crime free hotel/motel program ANNUALLY 2. Section 11-564.6 clarifies that the security plan MUST BE REVIEWED ANNUALLY The Mayor opened the public hearing, which is not quasi-judicial. Staff Presentation Deputy City Manager Alli Scheck briefly reported on the prior actions where on June 12, 2023, staff presented an update to Council regarding hotel licensing program and described some of the challenges caused by the current code language. Council provided consensus to prepare an ordinance updating the code to address the following:  Making extended stays without an approved extended stay addendum a hotel licensing violation.  Clarifying the length of stay calculation to consecutive days anywhere on the property and including a provision that guests must vacate the property for sixty (60) days for the stay to not be considered an extended stay.  Clarifying the types of calls included and excluded in the calls for service (CFS) rate calculation.  Reducing the validity of the special use permit to six months from one year. Ms. Scheck also gave a detailed description of the intent of the hotel licensing ordinance where it is to address the significant public safety and other related concerns involving City hotels. Afterwards she stood by to answer any questions. Public Comment There were none. Council Questions and comments: Council had none, having recently considered and studied this item in Study Session. The Mayor closed the public hearing. Motion by CM Hoppe to approve Council Bill 20-2023 – an ordinance amending sections 11-561, 11-566, and 26-114 of the Wheat Ridge Code of Laws, concerning the hotel licensing program on second reading, and that it takes effect 15 days after final publication, seconded by CM Weaver, motion carried 7-0. 3. Council Bill No. 21-2023 – An Ordinance giving notice of and calling for submitting a ballot question at the City’s regular November 7, 2023, election concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto. CM Weaver introduced Council Bill 21-2023 Issue On July 17, 2023, City Council directed staff to move forward with a ballot question for the November 2023 election to extend the City’s one-half of one cent ($0.005%; 5 cents per $10) sales and use tax for 20 years and to issue debt to finance up to $75 million in public infrastructure improvements. These improvements would include sidewalk, bike lane and street improvements along primary street corridors, sidewalk gap construction and other sidewalk maintenance along major pedestrian corridors and routes to schools and drainage and floodplain infrastructure improvements at priority locations in the City. To include this question on the 2023 ballot, the City Council must set the final ballot language and submit it to the Jefferson County Clerk and Recorder by September 8th. Setting the ballot language by ordinance requires a first reading on August 14th and a second reading and public hearing on August 28th to meet this deadline. The attached ordinance accomplishes this. The Mayor opened the public hearing, which is not quasi-judicial. Staff Presentation City Manager Patrick Goff briefly reported on the prior actions where on April 3, 2023, results from a survey conducted between March 9 to March 23 by Magellan Strategies to obtain input from Wheat Ridge residents and to measure support for or against this ballot measure were presented to City Council. Sixty-eight percent (68%) of respondents to this survey indicated they would likely support a ballot measure to extend the one-half of one cent sales and use tax for a variety of public infrastructure projects at the November 7th election. Mr. Goff added that based on estimated sales and use tax revenues for fiscal year 2023, a one-half of one cent extension of the tax rate would generate approximately $5.2 million in 2024. Over 20 years that would result in approximately $126 million which would net out approximately $75 million in available project funds upon sale of the bonds. Afterwards he stood by to answer any questions. Public Comment There was none. Council Questions and comments The Mayor closed the public hearing. Motion by CM Weaver to approve Council Bill 21-2023 – an ordinance giving notice of and calling for submitting a ballot question at the City’s regular November 7, 2023 election concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto, on second reading, and that it takes effect immediately upon adoption, seconded by MPT Stites, motion carried 7-0. CM Hultin expressed her excitement that Council is supporting this action tonight because these taxes, if approved by the voters, will make a huge difference in the City’s future. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 4. Council Bill 22-2023 – An Ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed-Use-Commercial (MU-C). CM Hultin introduced Council Bill 22-2023 Issue The City owns the former Bank of the West property at 7575 W. 44th Avenue and is proposing a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses. Staff Presentation There was none Public Comment No one came forward in person or online to speak. Motion by CM Hultin to approve Council Bill 22-2023 – an ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) on first reading, order it published, public hearing set for Monday, September 25, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication, seconded by CM Ohm, motion carried 7-0. 5. Council Bill 23-2023 – An Ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review requirements, and making conforming amendments therewith. CM Ohm introduced Council Bill 23-2023 Issue The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City’s subdivision and development review requirements. The ordinance accomplishes three main goals: 1) to prioritize meaningful public engagement and education intended to inform the public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross- references within the Code to ensure it is easy to understand and administer. Motion by CM Ohm to approve Council Bill 23-2023 – an ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review requirements, and making conforming amendments therewith, on first reading, order it published, the public hearing set for Monday, September 11, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen (15) days after final publication, seconded by MPT Stites, motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 6. Resolution No. 44-2023 – a resolution approving Amendment No. 3 to the Intergovernmental Agreement with the Colorado Department of Transportation for the Improve Wadsworth Project. CM Hutchinson introduced Resolution 44-2023. Issue In 2022, the city worked with its respective Senators and House Representative to obtain an additional $4 million in federal funding for the Improve Wadsworth Project. This funding, approved in December 2022, is via congressionally directed spending (CDS) through the Highway Improvement Program within the Fiscal Year 2023 omnibus funding bill. An amendment to the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) is necessary to add these funds to the project budget.. Staff Presentation Ms. D’Andrea recalled to council the prior actions taken in 2015 when the City was awarded funding through the Denver Regional Council of Governments Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. On October 12, 2015, the City Council approved an IGA with CDOT to administer that original TIP grant. Two amendments to the original 2015 IGA were approved in 2020 and 2022, respectively, to add funds from various funding sources to the project budget. He added that the total available funding outlined in amendment #3 to the CDOT agreement is $58.3 million which includes:  $1.4 million for environmental costs  $5.7 million for design and ROW consultant costs  $10.6 million for ROW acquisition  $40.6 million for construction. Eight different funding sources are included in the amended agreement. In addition to the $4 million in CDS funding, a local match of $1 million is included. Due to a lack of available funds, the city scaled back the southern limits of the original project scope, which extended from I-70 to 35th Avenue, to roughly 41st Avenue. The additional work consists primarily of replacing the asphalt pavement with concrete pavement, south of 41st Avenue to 35th Avenue and constructing a continuous flow intersection at the intersection of 38th Avenue with Wadsworth Boulevard. In 2021, the City Manager worked with congressional staff to submit applications to Wheat Ridge’s House Representative and Senators for $10 million in Congressional Directed Spending (CDS) to extend the project south of 41st Avenue to 35th Avenue. The project was not included in the 2021 spending package. The city re-submitted an application in 2022 for $4 million based on conversations with the congressional staff. The project was included in the Fiscal Year 2023 omnibus funding bill. Ms. D’Andrea and Mr. Mark Westbrook, Project Manager, then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM had few questions or comments, having previously studied this issue in depth many times in Study Sessions and Council Meetings. CM Hultin asked a detailed question about access and progress to specific locations during the project once it is safe. Ms. D’Andrea gave a detailed answer. Then CM Hultin asked about several issues related to traffic flow and back-ups due to the projects and light timing. Ms. D’Andrea provided a detailed answer. Further conversation ensued related to notices of closing. CM Nosler Beck asked that when we discuss signal timing with CDOT that staff include in the conversation other main thoroughfares including Kipling Parkway. Ms. D’Andrea agreed to speak with CDOT about all of these issues. MPT Stites asked about what more the City can do help businesses along Wadsworth during the project. Motion by CM Hutchinson to approve Resolution No. 44-2023, a resolution approving Amendment No. 3 to the Intergovernmental Agreement with the Colorado Department of Transportation for the Improve Wadsworth Project, seconded by CM Hoppe, motion carried 7-0. 7. Resolution No. 45-2023 – a resolution approving a Non-exclusive Public Right of Way Agreement with Google Fiber Colorado, LLC. MPT Stites introduced Resolution 45-2023. Issue Google Fiber approached the city in late-2022 to discuss installation of a new 100% fiber optic network internet service in the city’s rights-of-way. The city would grant a non-exclusive license agreement to Google Fiber to use and occupy the public rights-of- way to install, operate, and maintain a fiber optic infrastructure network for the purpose of offering communications services including broadband Internet access service and Voice over Internet Protocol services. City staff have negotiated an agreement that will protect the right-of-way and ensure adequate oversight during the construction process. The term of the agreement is for an initial 20 years. Staff Presentation Director of Public Works, Maria D’Andrea presented to council the prior actions and financial impact where a rate of $0.55 per lineal foot of installed fiber is included in the Agreement. This fee will be collected at the time of permit approval. Ms. D’Andrea briefly gave background on the company and process where Google Fiber is a gigabit internet service provider with the mission of helping communities access the internet that’s fast, reliable, and priced competitively. Google Fiber currently offers gigabit internet service to residents and small businesses in 19 metro areas nationwide, between Google Fiber, a fiber-to-the-home network, and Google Fiber Webpass, a wireless network in apartments and condominiums. They have deployed many millions of feet of fiber and conduit, using a variety of methods. The construction project will primarily utilize micro-trenching along the public side of the street to install the necessary infrastructure. This will lower potential impact to the community during construction. Installation will likely begin in 2024 and stretch over 1-2 years. She then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM Hultin asked a technical question about section 207 of the agreement. Ms. D’Andrea gave a specific answer. The Mayor asked whether individual permits will be issued for each property involved. Ms. D’Andrea gave a detailed answer. Motion by CM Stites to approve Resolution No. 45-2023, a resolution approving a Non- exclusive Public Right-of-Way License Agreement with Google Fiber Colorado, LLC, seconded by CM Ohm, motion carried 7-0. CITY MANAGER’S MATTERS Mr. Goff reminded all of the celebration of Boards and Commission members in two days’ time, Wednesday, August 30 beginning at 5:30 pm at Anderson Park. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick noted that the candidate petitions for those running for elected seats were turned in this evening, and verification of those will commence immediately. CM Nosler Beck encouraged folks who are avoiding Wadsworth during the construction, please, respect the neighborhood streets and keep everyone safe, especially children. She asked people to be careful along Clear Creek while the water runs so high. CM Hultin thanked staff for the change in the venue and activities during the celebration of board and commission members. Then she proposed a topic for future Study Council, focusing on a parcel involved in the Wadsworth Improvement Project. There are two parcels in particular, one of which surrounds the other. CM Hultin also wants Council to study the issue of saving animals confined in a locked vehicle during hot weather, to make sure our Code enables the kind of emergency rescues nearby municipalities allow. She then discussed vacant commercial properties, specifically the unattractive particle boards used to cover windows, which are so unsightly. She opined that we could do better. CM Ohm asked for a Study Session on two topics: converting traffic light intersections to roundabouts; the latter is much safer. Roundabouts also shorten transit time through intersections. He reported that many other municipalities have installed round-abouts. CM Hutchinson thanked Local Works for their successful Wine Walk event recently. CM Weaver expressed her support for CM Hultin’s animal welfare actions, starting with a Study Session. CM Hoppe supported CM Hultin’s notices about traffic closures and signal changes during the construction projects ongoing in the City. MPT Stites supported CM Hultin’s request to study best practices for informing residents that traffic flow changes are scheduled in a given neighborhood. This past weekend he attended the very successful Local Works Wine Walk. He noted that the public came in large numbers, that the restaurants were full and business was hopping. He encouraged people to support the business along the construction zones. If you can find it in Wheat Ridge, buy it in Wheat Ridge. Mayor Starker thanked Rebekah Rudabaugh for her service and congratulated our Carnation Festival committee again. ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 8:53 pm. APPROVED BY CITY COUNCIL ON September 11, 2023 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  September 11, 2023  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Scott Ohm         Rachel Hultin*           Janeece Hoppe Amanda Weaver     Korey Stites       Leah Dozeman *CM Hultin arrived at approx. 7:01 pm, during the public hearing concerning Item 2 on tonight’s agenda and participated in the discussion and deliberation on item 2, as well as the remaining agenda items. (See Clerk’s Note in the minutes for item 2, below.) CM Judy Hutchinson and CM Val Nosler Beck excused themselves for personal reasons. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Deputy Mayor, Allison Scheck; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; Planning Manager, Jana Easley Planner II, Alayna Olivas-Loera; other staff, guests and interested citizens.  APPROVAL OF MINUTES  Study Session Notes of August 21, 2023 The above Notes were approved without changes to any of the records. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES National Hispanic Heritage Month Mayor Starker spoke in eloquent support of our observance of National Hispanic Heritage Month, and encouraged residents of Wheat Ridge to celebrate the cultural, professional, educational, and civic contributions of the Hispanic communities. The Proclamation addressed the diverse and rich heritage of Hispanics and their contributions to our country, the State of Colorado and the residents of our City. Recognition of Recently Promoted Leaders in the WRPD; Swearing-in Ceremony – Division Chief Eric Kellogg Mayor Starker introduced Chief Murtha, who welcomed Mr. Kellogg, and recognized several leaders recently added to staff, each of whom introduced themselves to the Mayor and Council: Alex Rose, Public Information Officer; Sgt. Julia Slade, Detective; Betsy Sailor, recently promoted to Commander. Chief Murtha then administered the oath of office as a Division Chief of the Wheat Ridge Police Department to Division Chief Kellogg. . PUBLIC’S RIGHT TO SPEAK No one came forward to speak. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech) There were no comments posted for this session of Council. 1. CONSENT AGENDA MPT Stites introduced the consent agenda. a. Motion to approve payment to Insight Public Sector in the amount of $166,400.64 for the annual renewal of the Microsoft Enterprise Agreement, two one-year subsequent renewals and all subsequent payments. Issue The City’s current three-year Microsoft Enterprise Agreement expires on September 30, 2023. This three-year renewal continues the City’s subscription of Office 365 (including Exchange, SharePoint, OneDrive, and Teams), inclusive of implementation and support. Due to the COVID-19 emergency and the increase in remote workers, staff recommended migrating to Microsoft’s cloud computing solution with Office 365 and Teams with this renewal. During the cyber-incident recovery, staff completed the move from on-premises systems to the Microsoft 365 environment. Office 365 and Teams enables staff to collaborate remotely to a greater degree. b. Motion to award the Recreation Center heat recovery units replacement project to Reliant Mechanical Services, LLC. of Denver, Colorado, and approve subsequent payments in the amount of $1,250,000, with a contingency amount of $62,500, for a total non-to-exceed amount of $1,312,500. Issue A project to replace the Recreation Center’s heat recovery units (HRUs) was included in the 2023 budget. The scope of the proposed project was developed by the Facilities staff with evaluation by an external mechanical engineer. Six heat recovery units will be replaced with new, energy efficient units through this project. Due to the long lead time to manufacture the units, installation will not occur until the spring of 2024. Staff recommends awarding a contract to Reliant Mechanical Services, LLC of Denver, Colorado in the amount of $1,250,000 plus a staff-managed contingency of $62,500 for a total not-to-exceed amount of $1,312,500. c. Motion to award the Courts Administrative Area Remodeling Project to Seven Point Construction, Inc., of Centennial, Colorado, and approve subsequent payments in the amount of $121,700, with a contingency amount of $24,340, for a total not-to-exceed amount of $146,040. Issue A project to update the Courts administrative area was budgeted several years ago. The scope of the proposed project was developed by the Facilities staff in consultation with Courts staff. New flooring, painting, and lighting will be installed as well as modification to the two transaction windows where staff assists patrons to make them more functional and ADA accessible. New office furniture will be provided through a separate contract. Staff recommends awarding a contract to Seven Point Construction, Inc. of Centennial, Colorado in the amount of $121,700 plus a staff-managed contingency of $24,340 for a total not-to-exceed amount of $146,040. d. Motion to award a contract to OfficeScapes, Inc., of Denver, Colorado to supply and install office furniture for the Courts Administrative Area Remodel Project, and approve subsequent payments in the amount of $83,772.34, with a contingency amount of $4,188.00, for a total not-to-exceed amount of $87,960.34. Issue A project to update the Courts administrative area was budgeted several years ago. The scope of the proposed project was developed by the Facilities staff in consultation with Courts staff. New flooring, painting, and lighting will be installed as well as modification to the two transaction windows. New office furniture will also be procured and installed for the space, through this contract. The furniture and appurtenances are being purchased through OfficeScapes, Inc. in accordance with the cooperative purchasing contract for Steelcase materials through Sourcewell. Staff recommends awarding a contract to OfficeScapes, Inc. of Denver, Colorado in the amount of $83,772.34 plus a staff-managed contingency of $4,188 for a total not-to- exceed amount of $87,960.34. Motion by MPT Stites to approve Consent Agenda Items a.), b.), c.), and d.) seconded by CM Hoppe, motion carried 5-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 19-2023 – an ordinance approving the rezoning of property located at 4735 Kipling Street from Commercial-One (C-1) to Mixed Use Commercial Interstate (MU-C Interstate). CM Dozeman introduced Council Bill 19-2023. Issue The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) for property located at 4735 Kipling Street. The zone change will result in a zoning that enables revitalization and reuse of the site by expanding permitted uses. The Mayor opened the public hearing, which was quasi-judicial. Staff Presentation Planner I Alayna Olivas-Loera gave a detailed presentation which included the background where the property is located on the west side of Kipling Street, south of I- 70. The site is currently zoned Commercial-One (C-1) and is approximately 133,729 square feet (3.07 acres) in size. It currently contains the Best Interstate Inn, which is comprised of one 22,668-square foot building and one 18,260-square foot building, both built in 1971. The hotel is considered legally nonconforming because hotels are now considered Special Uses in the code in the C-1 zone, but the property was developed before that requirement was in place. The adjacent properties to the west and south are zoned Planned Residential Development (PRD). Adjacent properties to the east and north are zoned C-1. The area is predominantly commercial and residential in nature with a majority of the City’s hotels concentrated in the vicinity. Other items included but were not limited to:  Current Zoning: The current zone district, C-1 is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties with adjacency to commercial corridors.  Proposed Zoning: The applicant is requesting the property be rezoned to MU-C Interstate, a zone district established to accommodate a wide range of uses from residential to commercial. This district is intended for properties that are generally within five hundred (500) feet of I-70 and that are located on a commercial corridor with direct access to I-70. It follows the MU-C framework but is intended for highway-adjacent sites that may require variation in design or land use due to direct proximity to the interstate. The highway-adjacency allows for more auto- oriented uses than compared to other mixed-use districts. Ms. Olivas-Loera finished by saying that these MU-C Interstate zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. The proposed zoning would enable reinvestment by allowing a wider range of uses, encouraging a better utilization of land, and ensuring high quality urban design. The applicant is seeking the zone change specifically to allow the conversion of the existing hotel into apartments. Afterwards she stood by to answer any questions. Clerk’s Note: CM Hultin arrived during the public hearing on this item at 7:01 pm. Upon questioning by City Attorney Dahl, CM Hultin attested that she has read the staff report on this item, stating that she had in fact read the entire Council Packet for this session, and was prepared to vote on this item knowledgeably. She participated in the discussion of this Item 2 and voted aye on the motion to approve this action by Council. Public Comment There were none. Council Questions and comments CM Ohm asked about funding for future maintenance of this project and future similar projects. Ms. D’Andrea answered in detail. The Mayor closed the public hearing. Motion by CM Dozeman to approve Council Bill 20-2023 – an ordinance approving the rezoning of property located at 4735 Kipling Street from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) on second reading, order it published, and that it takes effect 15 days after final publication, seconded by CM Ohm, motion carried 6-0. CM Dozeman expressed her support for the motion. 3. Council Bill No. 23-2023 – An Ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review requirements, and making conforming amendments therewith. CM Ohm introduced Council Bill 23-2023 Issue The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City’s subdivision and development review requirements. The ordinance accomplishes three main goals: 1) to prioritize meaningful public engagement and education intended to inform the public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross- references within the Code to ensure it is easy to understand and administer. The Mayor opened the public hearing, which was not quasi-judicial. Staff Presentation Community Development Director, Lauren Mikulak and Sr. Planner Scott Cutler stood by to answer any questions. Public Comment There was none. Council Questions and comments There were none. The Mayor closed the public hearing. Motion by CM Ohm to approve Council Bill 23-2023 – an ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review requirements, and making conforming amendments therewith, on second reading, order it published, and that it takes effect fifteen (15) days after final publication, seconded by CM Weaver, motion carried 6-0. CM Hultin asked staff about measures to ensure that nearby residents receive the notices to nearby properties in cases like this one. CM Stites also thanked the staff for their hard work. He also commented on the efforts made to inform and consult with residents. CM Weaver also expressed her support for the proposed ordinance. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 4. Council Bill 24-2023 – An Ordinance amending Article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunications service. CM Weaver introduced Council Bill 24-2023 Issue The City’s code regarding the taxation of basic local telecommunication services requires revision. The current code is based on the false premise that Lumen (formerly US West, Qwest, and Century Link) is still the primary provider of telephone lines in the City. Based on this premise, competitors are charged a per line rate computed from Lumen’s number of lines and the flat occupation tax paid by Lumen per ordinance 1997-1072. Due to the rapid decline of land lines provided by Lumen, the per line charge to other providers has risen substantially. Furthermore, the current code is confusing as to how cellular lines are treated from a taxation perspective. The types and means of delivery of telecommunication services has evolved significantly since the City enacted its telecommunication occupation tax code in 1997. The current code does not reflect the status of the telecommunications industry nor is it consistent with Wheat Ridge’s municipal neighbors. Staff recommends an update to the tax code to ensure equity, simplicity, revenue preservation and ease of administration for both telecommunication providers and City staff. Staff Presentation There was none. Public Comment There were none. Motion by CM Weaver to approve Council Bill 24-2023 – an ordinance amending article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunication service on first reading, order it published, public hearing set for Monday, September 25, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter, seconded by MPT Stites, motion carried 6-0. DECISIONS, RESOLUTIONS AND MOTIONS 5. Motion to accept the 2022 Financial Statements from CliftonLarsonAllt. CM Hoppe introduced the Motion. Issue Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. In 2022, the City received more than $750,000 in federal funds for Wadsworth Boulevard which also triggered a “single audit” of all federal funds. The CPA firm CliftonLarsonAllen (CLA) performed both the City and federal audits of the City’s financial statements for the year ended December 31, 2022. Once again this year, the City received an unqualified opinion indicating that the City’s financial statements are fairly and appropriately presented. Allison Slife, a Principle at CLA, attended and presented her firm’s audit findings regarding the December 31, 2022 Financial Statements to Council for acceptance. Staff Presentation Deputy City Manager, Alli Scheck gave a brief statement on the financial impact and background of the audit service from CLA. During the audit they found that the managed investment account was improperly valued at cost and not at fair value in accordance with GASB 72. This resulted in the account being overstated by $935,529. After bringing the misstatement to the attention of management, the account balance was corrected. Ms. Scheck then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM thanked CLA and staff for all their hard work on the audit. They recognized staff for the excellent status of the City’s financial condition and their accounting and reporting. CM had no questions. Motion by CM Hoppe to accept the 2022 Financial Statements from CliftonLarsonAllen, seconded by MPT Stites, motion carried 6-0. CITY MANAGER’S MATTERS Mr. Goff announced that next Monday, Sept. 18, we will have a public hearing on the budget in Study Session. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM Hultin reported on the annual Happiness Gardens harvest potluck, which was enjoyed by all who attended. She also noticed a lot of new residents and many, many children. CM Hultin asked Ms. D’Andrea to check into the crosswalk buttons on the south side of 44th Ave. and Wadsworth, which are reported to be malfunctioning. CM Ohm thanked staff for their quick work to address a pothole and drainage issue. He also asked about a large pothole on 41st Avenue west of Kipling. CM Dozeman recalled that today is the 22nd anniversary of the terrorist attacks on 9/11/2001. CM Weaver announced the District III meeting at 9 am this Saturday, Sept. 16 and the location will be Vignola’s bakery and restaurant. MPT Stites asked Ms. D’Andrea about a major pothole in District III and she gave a detailed answer regarding progress to date and the timeline going forward to finish the repair. MPT Stites then asked about crews repairing potholes across the City, seeking assurance that there are crews making pothole repairs. MPT Stites also reported on a tour of the new Third Shot Pickle Ball facility and opined it will be a good addition to District III. He also attended a public meeting with the Mayor, where they heard informative comments from a number of citizens. He also visited Mestizo restaurant for breakfast and found the food delicious. If you can find it in Wheat Ridge, buy it in Wheat Ridge. Mayor Starker thanked all who attended his Coffee with the Mayor on Saturday, September 2. He also recalled the events of 9-11-2001 and asked us to remember all who gave their lives as well as those who risked their lives and health for weeks to conduct rescue and then recovery operations. He also reminded all to drive carefully as schools have opened and the days are getting shorter. ADJOURNMENT The meeting adjourned at 7:48 pm. APPROVED BY CITY COUNCIL ON September 25, 2023 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting September 18, 2023 Mayor Starker called the Study Session to order at 6:30 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff, guests and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. All Council Members were present: Scott Ohm, Judy Hutchinson, Korey Stites, Amanda Weaver, Leah Dozeman, Janeece Hoppe, and Rachel Hultin. Valerie Nosler Beck attended virtually Also present: City Clerk, Steve Kirkpatrick, City Manager Patrick Goff; Deputy City Manager, Allison Scheck; Mark Colvin, Finance Manager; Lauren Mikulak, Director of Community Development; Karen O’Donnell, Director of Parks and Recreation; Maria D’Andrea, Director of Public Works; Christopher Murtha, Chief of Police; Christopher Randall, Municipal Judge; other staff and interested residents. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. 2024 Proposed Budget Presentation Issue City Manager Patrick Good presented the proposed 2024 City Budget to council which included both the prior and future actions that will occur with it. One being where the budget process page was previously launched on WhatsUpWheatRidge.com Future milestones include:  September 18, 2023– City Manager and staff presents budget to City Council during the study session and City Council takes comment from the public.  October 9, 2023 – as required by Section 10.7 of the Wheat Ridge City Charter a public hearing will be conducted to provide an additional opportunity for residents to comment on the proposed budget prior to its adoption. Notification of the public hearing will be made on the City Website, City Facebook page, and in the Jeffco Transcript.  October 9, 2023 – as required by Section 10.9 of the Wheat Ridge City Charter, the budget shall be adopted by resolution on or before the final day (December 15, 2023) established by state statute for the certification of the next year’s tax levy to the county. Other items included, but were not limited to the following topics:  Overall Summary of the proposed budget  General Fund revenue  Capital Improvement Program Fund (CIP)  Renewal Wheat Ridge Bond Projects Fund  Open Space Revenue  Conservation Trust Revenue  Special Revenue Funds CM had comments and questions: Several CM thanked Mr. Goff, Ms. Scheck and the Executive Management Team for their informative presentation. CM, the Executive Management Team, including Mr. Goff and Ms. Scheck, who presented the proposed budget in detail, addressed a number of issues, priorities, and financial projections. The TABOR question that will appear on the November 7, 2023 will appear on the ballot as issue 2J, it was announced by Jefferson County Elections Division, today. For an extended period, the City’s leaders engaged in a wide-ranging discussion, deliberations, and considerations that addresses the Council’s priorities, strategic plans, and spending to support these efforts. Several issues CM discussed focused on public safety, in particular on pedestrian and cyclist safety, drainage problems, and pavement striping to guide people walking, cycling and driving. CM Hoppe proposed a consensus to bring the proposed budget to the October 9, 2023 regular Council Meeting, when the required public hearing on the proposed budget will be held and Council will consider a resolution to approve the 2024 budget. Consensus achieved. 2. Staff Report(s) Mr. Goff had nothing further. 3. Elected Officials’ Report(s) CM Hultin thanked Ms. D’Andrea for completing a project in District II. All is well at Happiness Gardens as the harvest continues and people literally enjoy the fruits (and vegetables) of their labor. ADJOURNMENT The Study Session adjourned at 9:18 pm. APPROVED BY CITY COUNCIL ON September 25, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION DR. MICHELE HANEY DAY SEPTEMBER 25, 2023 WHEREAS, Dr. Michele Haney serves as the President of Red Rocks Community College, one of the Colorado Community College Systems largest colleges, serving 10,000 students across its two campuses in Lakewood and Arvada; and WHEREAS, Dr. Haney earned a Ph.D. in counseling from the University of Wyoming, a Master’s degree from Chapman college, and a Bachelor of Arts in Political Science from the University of New Mexico; and WHEREAS, in her 31-year career and 15-year tenure as a college president, she has rolled out cutting-edge academic programs, brought in wraparound supports for students, and forged deep relationships with Colorado business and industry. Dr. Haney has set the bar high for higher education leaders across Colorado; and WHEREAS, Dr. Haney has received the Shirley B. Gordon award from Phi Theta Kappa; a Women in Business award from the Denver Business Journal; was named a “Leader among Leaders” and “Woman of the Year” by the American Association of Women in Community Colleges and the City of Westminster, was voted “President of the Year”; Outstanding Board Member of the Year; and Woman of the Year for Jefferson County, as well as authoring three books published in seven languages; and WHEREAS, Dr Michele Haney will be retiring after 31 years of faithful service to college education in January of 2024, and WHEREAS, her service with the Colorado Community College System and Red Rocks Community College has benefited the citizens of Wheat Ridge, our City Council and the Office of Mayor. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge, Colorado formally designate September 25, 2023, as DR. MICHELE HANEY DAY IN WITNESS WHEREOF, on this 25th day of September 2023. ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk PROCLAMATION BREAST CANCER AWARENESS MONTH OCTOBER 2023 WHEREAS, October 2023 marks 38 years that National Breast Cancer Awareness Month has educated women about early breast cancer detection, diagnosis and treatment; and WHEREAS, one in eight women will be diagnosed with breast cancer within their lifetime; and WHEREAS, when breast cancer is detected early and is in the localized stage, the five-year survival rate for women is 99%; and WHEREAS, the awareness campaign is remembering those who have lost their fight against breast cancer, standing with those who remember their loved ones and continuing to support our Nation’s advocates; and WHEREAS, the American Cancer Society has searched endlessly for a cure through vital research and has the mammoth task of educating our community and all Americans of the risks of breast cancer; and WHEREAS, the Lutheran Breast Care Center at Lutheran Medical Center in Wheat Ridge provides award winning services for women across our state. NOW, THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of Wheat Ridge, Colorado, do hereby proclaim October 2023 as BREAST CANCER AWARENESS MONTH in the City of Wheat Ridge and encourage residents of Wheat Ridge to celebrate successes and memorialize lost battles. IN WITNESS THEREOF on this 25th day of September 2023. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION DOMESTIC VIOLENCE AWARENESS MONTH OCTOBER 2023 WHEREAS, domestic violence impacts countless Coloradans, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities; and WHEREAS, the City of Wheat Ridge is committed to the reduction of domestic violence and the health, safety and welfare of its residents; and WHEREAS, the Wheat Ridge Police Department is committed to providing assistance to victims and witnesses of crime and other traumatic events through victim assistance partnerships and awareness-related efforts and events; and WHEREAS, Wheat Ridge supports and partners with the PorchLight Family Justice Center which provides comprehensive legal, emotional and critical supportive services for survivors of domestic violence; and WHEREAS, Wheat Ridge joins with others across Colorado and the nation in supporting victims of domestic violence and shares the worthy goals of this month-long observance and sending a loud and clear message to abusers that domestic violence is not tolerated in the City of Wheat Ridge. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of Wheat Ridge, Colorado, do hereby proclaim October 2023 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Wheat Ridge. IN WITNESS THEREOF on this 25th day of September 2023. Bud Starker, Mayor Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2023 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7575 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-23-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (08/28/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/25/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The City owns the former Bank of the West property at 7575 W. 44th Avenue and is proposing a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses. PRIOR ACTION: The Planning Commission reviewed this request at a public hearing held on August 17, 2023, and recommended approval. The staff report and a copy of the draft Planning Commission minutes are enclosed. The City Council approved this ordinance on first reading on August 28, 2023. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and was approved by a vote of 7 to 0. FINANCIAL IMPACT: The proposed zone change ordinance is not expected to have a direct financial impact on the City. Council Action Form – Proposed Rezoning at 7575 W. 44th Avenue September 25, 2023 Page 2 BACKGROUND: The subject property is currently owned by the City. On August 14, 2023, City Council approved Ordinance No. 1770, Series 2023, approving the sale of the property to Foothills Regional Housing (“Foothills”) in anticipation of Foothills including the parcel with the larger Ives affordable housing development. If the sale is completed, any future development plans for the site would have to be approved by the City prior to development. The property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue. The site is zoned Commercial-One (C-1) and is entirely surrounded by Mixed Use-Commercial (MU-C) zoning. Surrounding land uses are non-residential in nature, including a propane business, the former Pep Boys building, and the office building owned by Foothills. Recent development projects in the area include Foothills Ives development to the north, and the Town Center and Town Center North Apartments to the southeast at 44th Avenue and Vance Street. According to a recent survey, the property is 15,425 square feet (.35 acres) in size. The property contains a single-story bank building which dates to 1973, is approximately 6,625 square feet in size, and was most recently a Bank of the West. The City is currently utilizing the building as storage and as construction offices for the Wadsworth Improvement Project. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. The subject parcel was acquired as part of the Wadsworth project; the land needed for right-of-way removed all parking and per the federal process resulted in a full acquisition. The western and southern portions of the parcel have been dedicated for right-of-way, and the building remains but is landlocked. This site is part of the Wadsworth Corridor Urban Renewal Plan Area (URPA) and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. Current Zoning The current zone district, C-1, is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties with adjacency to commercial corridors. The C-1 zone district does not allow residential development. Proposed Zoning The City is proposing a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The MU-C zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. In addition, the MU-C zoning will provide Council Action Form – Proposed Rezoning at 7575 W. 44th Avenue September 25, 2023 Page 3 more uniform zoning in this area and on the block where incremental zone changes have occurred over the last decade. The City legislatively rezoned a portion of the Wadsworth Corridor to MU-C in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of the rezoning, and the only two parcels that opted out were the subject property and the adjacent property (Bank of the West and the Pep Boys parcels). The northern half of the block was rezoned to MU-C. In 2022, Foothills pursued a site plan approval for the undeveloped portion of land they owned between their office building and Pep Boys. That is the 50-unit structure being constructed today—the first phase of the Ives. Multiunit housing is a permitted use in MU-C, so the site plan was approved by staff after a 9-month review for compliance with zoning. During the same time, the Pep Boys business closed, and the property went on the market. Foothills purchased the property and requested that it be rezoned to MU-C to match the northern half of the block and to help achieve their vision of a master planned, mixed income community. A neighborhood meeting was held in November 2021, and the application was submitted in 2022. City Council approved that zone change on December 12, 2022. A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, and to achieve more uniform zoning on the block. A full analysis of the zone change criteria is provided in the enclosed Planning Division staff report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As the Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per the City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2023, an ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) on second reading, order it published, and that it takes effect 15 days after final publication.” Council Action Form – Proposed Rezoning at 7575 W. 44th Avenue September 25, 2023 Page 4 or, “I move to deny Council Bill No. 22-2023, an ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C), for the following reasons: 1. The City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2023 2. Planning Commission Staff Report 3. Planning Commission Draft Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 22 ORDINANCE NO. 1775 Series of 2023 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7575 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-23- 06) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, the City of Wheat Ridge has submitted a land use application for approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for property located at 7575 W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates the area along Wadsworth, including the subject site, as a priority for improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties; and, WHEREAS, a rezoning to MU-C would unify zoning in the area and facilitate a more cohesive redevelopment with the surrounding parcels; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on August 17, 2023, and recommended approval of rezoning the property to Mixed Use- Commercial (MU-C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7575 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A TRACT OR PARCEL OF LAND NO. RM-39 OF THE CITY OF WHEAT RIDGE, STATE OF COLORADO, PROJECT NO. M- 01-015 (COOT PROJECT NO. NHPP 1211-086; PROJECT CODE 21006) CONTAINING 15,435 SQ. FT. (0.354 ACRES) OF LAND, MORE OR LESS, BEING A PORTION OF THAT PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED AT RECEPTION NUMBER 89074573, IN THE JEFFERSON COUNTY COLORADO CLERK AND RECORDER'S OFFICE ON AUGUST 30, 1989, LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, IN JEFFERSON COUNTY, COLORADO, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 23 (A 3 1/4" BRASS CAP ON PIPE IN RANGE BOX STAMPED "LS 13212"), WHENCE THE CENTER-NORTH SIXTEENTH CORNER OF SAID SECTION 23 (A 3 ¼” BRASS CAP ON PIPE IN RANGE BOX STAMPED “LS 11434”), BEARS N.00° 10’09” W., A DISTANCE OF 1,321.98 FEET; THENCE N.25°16’41” E., A DISTANCE OF 199.57 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED AT RECEPTION NUMBER 89074573, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTH LINE, N. 89°41’34” E., A DISTANCE OF 129.50 FEET; 2. THENCE S. 89°41’34” W., A DISTANCE OF 108.85 FEET; 3. THENCE N. 82°05’31” W., A DISTANCE OF 10.50 FEET; 4. THENCE N. 00°10’09” W., A DISTANCE OF 128.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of August 2023, ordered it published by title and in full on the City’s website as provided by the Home Rule Charter, with Public Hearing and consideration on final passage set for Monday, September 25, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2023. SIGNED by the Mayor on this _______ day of _______________, 2023. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: August 29, 2023 2nd publication: September 26, 2023 Jeffco Transcript: Effective Date: October 11, 2023 City Council 1 Case No. WZ-23-06 / Bank of the West Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: August 17, 2023 (Planning Commission) / September 11, 2023 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-23-06 / Bank of the West Rezone ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use- Commercial (MU-C) LOCATION OF REQUEST: 7575 W. 44th Avenue APPLICANT / OWNER: City of Wheat Ridge APPROXIMATE AREA: 15,425 square feet (.35 acres) PRESENT ZONING: Commercial-One (C-1) COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 City Council 2 Case No. WZ-23-06 / Bank of the West Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The City of Wheat Ridge, who owns property at 7575 W. 44th Avenue, is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that matches surrounding zoning designations in all directions, as well the character of the Wadsworth Corridor. The City will transfer the land to Foothills Regional Housing who intends to redevelop the property for residential use as an expansion of the Ives development, which is not permitted in C-1 but is a permitted use in the MU-C zone district. II. EXISTING CONDITIONS The subject property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue (Exhibit 1, Aerial). The site is zoned Commercial-One (C-1) and is entirely surrounded by Mixed Use-Commercial (MU-C) zoning (Exhibit 2, Zoning Map). Surrounding land uses are non- residential in nature, including a propane business, the former Pep Boys building, and the office building owned by Foothills Regional Housing (“Foothills"). Recent development projects in the area include Foothills’ underway Ives development to the north, and the Town Center and Town Center North Apartments to the southeast at 44th and Vance. According to a survey submitted by the City, the property is 15,425 square feet (.35 acres) in size. The property contains a single-story bank building which dates to 1973, is approximately 6,625 square feet in size, and was most recently a Bank of the West. The City is currently utilizing the building as construction offices for the Wadsworth Improvement Project. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property line was required for this property as part of the roadway project. This site is part of the Wadsworth Corridor Urban Renewal Plan Area (URPA) and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. III. PROPOSED ZONING The City is requesting a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The property is currently zoned C-1 which is one of the City’s legacy commercial zone districts. This district is established to provide for a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district does not allow residential development. The City intends to rezone the property to allow a wider range of uses and to align the property’s zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”), the City Council 3 Case No. WZ-23-06 / Bank of the West Rezone Wadsworth Corridor Subarea Plan (the “Corridor Plan”), and other properties on the corridor. (Exhibit 3, Applicant Letter). The City believes the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned mixed use. The proposed use of the site for residential use is not allowed in C-1 which is emblematic of how the corridor has outgrown the C-1 zone district. The MU-C district would provide more flexibility and would help bring the site into conformance with long term goals for the corridor. The current C-1 zoning is reflective of long-standing commercial uses in the City. The C-1 zoning dates back to the City’s original 1972 zoning map. The MU-C and C-1 districts have some similar development standards with permitted uses being the most notably different with MU-C allowing a wider range of uses. The C-1 zone district allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. In the C-1 district, residential uses are prohibited. By contrast, MU-C zoning allows residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of the rezoning, and the only two parcels that opted out at that time were the subject property and the adjacent property (the Pep Boys and Bank of the West parcels). A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, and to achieve more uniform zoning on the block. A summary of the MU-C zone district as it compares to C-1 is provided below. PROPOSED ZONING Mixed Use-Commercial (MU-C) CURRENT ZONING Commercial-One (C-1) Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Allows commercial uses – includes office, general business, retail sales, and service establishments Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Architectural and Site Design Manual standards apply Max. Building Height 6 stories (90’) if the building is mixed use 4 stories (62’) if the building is single use 50’ Max. Lot coverage 90% for mixed use 85% for single use 80% Min. Landscaping 10% for mixed use 15% for single use 20% Build-to Area 0-20’ along primary and secondary frontages 0-12’ along primary frontage Setbacks Side: 0’ Rear: 5’ West (front): 50’ North (side): 0’ South (side): 30’ East (rear): 10’ Residential Density Exempt from density limitations n/a City Council 4 Case No. WZ-23-06 / Bank of the West Rezone IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU-C zone district is more appropriate than C-1 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-C zoning is expected to add value to the subject property by expanding development potential in terms of use and form. The mixed-use development standards will support compatibility between future redevelopment and existing land uses. In addition, design standards for MU-C are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 5, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically, for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property, by City Council 5 Case No. WZ-23-06 / Bank of the West Rezone expanding the permitted uses on the property, and by aligning the zoning with the City’s mixed-use goals for this corridor. The subject site is also part of the Wadsworth Corridor Urban Renewal Plan Area (URPA). The urban renewal plan for that URPA was adopted in 2001 and calls for a framework that encourages private development, development of uses that serve a regional market area while maintaining uses that serve specific local market demands, improvements to vehicular circulation and pedestrian movement, new development and redevelopment with superior urban design features, and the elimination of blight in the redevelopment area. This zone change request would support and would enable any redevelopment to meet these goals. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The Wadsworth Corridor has evolved significantly since the original C-1 zoning and original development. The land uses along Wadsworth are evolving to be more compatible with the regional transportation purposes this street serves. Commercial and multifamily investments along the corridor continue and are expected to continue as the City invests in the road improvements and streetscape. The remaining C-1 zoning along Wadsworth does not reflect the reality of the corridor as a major regional arterial primarily because the list of permitted uses is unreasonably limited for this context, making it difficult to attract tenants or reinvest in the property. This reasoning was the basis for the legislative rezoning in 2011. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING City Council 6 Case No. WZ-23-06 / Bank of the West Rezone Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on July 26, 2023. This meeting was advertised and conducted as a virtual meeting on Zoom. Three individuals from the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No objections. Wheat Ridge Engineering Division: No comments. West Metro Fire Protection District: No objections. Any future development would be referred to the district for review and approval. Xcel Energy: All existing easements must be maintained. Any future development would be referred to the district for review and approval. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Wheat Ridge Water District: No comments received. Any future development would be referred to the district for review and approval. Wheat Ridge Sanitation District: No objections. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-23-06. City Council 7 Case No. WZ-23-06 / Bank of the West Rezone VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-23-06, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 7575 W. 44th Avenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-23-06, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 7575 W. 44th Avenue for the following reasons: 1. 2. …” City Council 8 Case No. WZ-23-06 / Bank of the West Rezone EXHIBIT 1: AERIAL City Council 9 Case No. WZ-23-06 / Bank of the West Rezone EXHIBIT 2: ZONING MAP City Council 10 Case No. WZ-23-06 / Bank of the West Rezone Request: The City of Wheat Ridge, on behalf of Foothill Regional Housing (FHRH), is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) at property located at 7575 W. 44th Avenue. The purpose of the request is to enable FHRH to develop the property for multi- unit apartments as part of an expansion of the Ives housing development just adjacent to the north at 4470 Wadsworth Boulevard. FHRH owns adjacent properties on this block. The City, who currently owns the subject site, has agreed to transfer the land to FHRH. This property is currently the last remaining C-1 zoned property on the block and by rezoning to MU-C, the zoning on this block will become uniform. The incorporation of this site into the Ives development will enable a more cohesive site design and will provide better access and circulation overall. Criteria Responses: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The zone change does promote the health, safety, and general welfare of the community. It will allow the zoning to become uniform with other parcels on this block and will allow for a high quality development and expand the permitted uses. Additionally, the rezone will enable the improvement of the property which, in conjunction with the Wadsworth Improvement Project, will act as a catalyst for revitalization of the corridor. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. The property is served by West Metro Fire, Wheat Ridge Water, and Wheat Ridge Sanitation. Adequate infrastructure currently serves the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. 3. At least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance with, the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other city-approved policies or plans for the area. Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Primary Commercial EXHIBIT 3: APPLICANT LETTER City Council 11 Case No. WZ-23-06 / Bank of the West Rezone Corridor. This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically, for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property, by expanding the permitted uses on the property, and by aligning the zoning with the City’s mixed-use goals for this corridor. The subject site is also part of the Wadsworth Corridor Urban Renewal Plan Area (URPA). The urban renewal plan for that URPA was adopted in 2001 and calls for a framework that encourages private development, development of uses that serve a regional market area while maintaining uses that serve specific local market demands, improvements to vehicular circulation and pedestrian movement, new development and redevelopment with superior urban design features, and the elimination of blight in the redevelopment area. This zone change request would support and would enable any redevelopment to meet these goals. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The Wadsworth Corridor has evolved significantly since the original C-1 zoning and original development. The land uses along Wadsworth are evolving to be more compatible with the regional transportation purposes this street serves. Commercial and multifamily investments along the corridor continue and are expected to continue as the City invests in the road improvements and streetscape. The remaining C-1 zoning along Wadsworth does not reflect the reality of the corridor as a major regional arterial primarily because the list of permitted uses is unreasonably limited for this context, making it difficult to attract tenants or reinvest in the property. This reasoning was the basis for the legislative rezoning in 2011. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. City Council 12 Case No. WZ-23-06 / Bank of the West Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: July 26, 2023 Attending Staff: Scott Cutler, Senior Planner Alayna Olivas-Loera, Planner I Jana Easley, Planning Manager Patrick Goff, City Manager Jim Lorentz, Division Chief Kory Kolar, Homeless Navigator Amanda Harrison, Communications Manager Location of Meeting: Virtual Property Address: 7575 W. 44th Avenue Property Owner(s): City of Wheat Ridge Property Owner(s) Present? Yes Applicant: City of Wheat Ridge on behalf of Foothills Regional Housing Applicant Present? Yes Existing Zoning: Commercial-One (C-1) Existing Comp. Plan: Neighborhood Buffer Area, along Primary Commercial Corridor, along Neighborhood Commercial Corridor Existing Site Conditions: The subject property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue. The site is zoned Commercial-One (C-1) and is largely surrounded by C-1 and Mixed Use-Commercial (MU-C) zoning. Other surrounding land uses are non-residential in nature, including the old Pep Boys building and the office building owned by Foothills Regional Housing. Recent development projects in the area include Town Center and Town Center North Apartments to the southeast at 44th and Vance. According to the Jefferson County Assessor, the property is 16,263square feet (.373 acres) in size, though it may now be slightly smaller with the recent acquisition of right-of-way for the Wadsworth EXHIBIT 4: NEIGHBORHOOD MEETING City Council 13 Case No. WZ-23-06 / Bank of the West Rezone Improvement project. The property contains a single-story bank building built in 1973, is approximately 6,625 square feet in size, and was most recently a Bank of the West. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction this month (in November 2021). It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property line was required for this property as part of the project. This site is part of the Wadsworth Corridor urban renewal area (URA) and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 d.u./acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. Applicant/Owner Preliminary Proposal: The property was excluded from a 2011 City-initiated rezoning of the Wadsworth corridor. The City currently owns the property and will be transferring the land to Foothills Regional Housing. The City, on behalf of Foothills Regional Housing, is proposing to rezone the site from C-1 to MU-C to meet the original intent of the legislative rezoning and to be consistent with the surrounding parcels. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, three members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. • One member of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. The following issues/comments were discussed regarding the zone change request: • The Hartley Household spoke at the meeting. o Overall support for the project and affordable housing in this area o What is the plan for parking for the development? Do you anticipate parking overflow into the neighborhood? ▪ Foothills: The City has parking minimums that we must meet, and we do plan to at least meet the minimum and hopefully exceed what is required. We have multiple developments nearby and I often drive through them between 6pm and 10pm to do parking checks and more often than not, there is tons of leftover parking in the parking lots and parking garages provided so we don’t anticipate parking will be an issue at this site either. o Is there potential that you will purchase and take over the propane property to the east? ▪ Foothills: We have had conversations with the property owner and the land is not for sale. We do not have any plans in the near future to take it over but if it does become for sale, the owner knows he can contact us. Zoom Attendees: • Foothills Regional Housing City Council 14 Case No. WZ-23-06 / Bank of the West Rezone o Austin Meehan o Lori Rosendahl o Amy Case • Hartley Household • Phone number: 440-670-3192 • Yvette Seerden City Council 15 Case No. WZ-23-06 / Bank of the West Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Primary Commercial Corridor (Wadsworth Boulevard) City Council 16 Case No. WZ-23-06 / Bank of the West Rezone EXHIBIT 6: SITE PHOTOS View of the subject property looking north from W. 44th Ave. (Source: Google Maps, November 2022) View of the subject property looking east from Wadsworth Blvd. (Source: Google Maps, November 2022) Planning Commission Minutes -1 – August 17, 2023 PLANNING COMMISSION Minutes of Meeting August 17, 2023 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:33 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Jerry DiTullio Will Kerns Daniel Larson Janet Leo Patrick Quinn Julianne Stern Commission Members Absent: Jonathan Schelke Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda as written. 5.APPROVAL OF MINUTES – July 20, 2023 It was moved by Commissioner Quinn and seconded by Commissioner LEO to approve the minutes of July 20, 2023, as written. Motion carried 6-0-1 with Commissioner DISNEY abstaining. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING ATTACHMENT 2 Planning Commission Minutes - 2 – August 17, 2023 A. Case No. WZ-23-06: an application filed by the City of Wheat Ridge for approval of a zone change from Commercial-One (C-1) to mixed use-Commercial (MU-C) for the property located at 7575 West 44th Avenue. Chair DITULLIO opened the public hearing. Ms. Olivas-Loera gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LARSON inquired if the City still owns the property in question and if there are any development plans. Ms. Olivas-Loera confirmed that the City does currently own the land. City Council approved a land transfer to Foothills Regional Housing on August 14, Ms. Easley added the closing for the transfer of land will happen at a later date. Ms. Olivas reminded the commission that staff has not seen any development plans yet and that will be a part of next steps, but the intent is to expand the Ives Development. Commissioner LARSON expressed concern about the neighboring business and its flammable materials close being close to residential living and hope it gets addressed. There was some discussion about parking on the site due to concerns of parking reduction for affordable housing from Commissioner DITULLIO. Public Comment Eric Heinecke 4495 Vance Street Mr. Heineke asked if there have been any adverse effect studies done yet. Ms. Olivas-Loera confirmed there have not and that required studies will be reviewed as part of the site plan review. Chair DITULLIO closed public comment. Chair DITULLIO closed the public hearing. It was moved by Commissioner DISNEY and seconded by Commissioner LEO to recommend APPROVAL of Case No. WZ-23-06, a request for Planning Commission Minutes - 3 – August 17, 2023 approval of a zone change from Commercial-One (C-1) to Mixed Use- Commercial (MU-C) for property located at 7575 W. 44th Avenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. The criteria used to evaluate a zone change supports the request. Motion carried 6-1 with Commissioner DITULLIO voting against. B. Case No. ZOA-23-08: An ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision review requirements. Chair DITULLIO opened the public hearing. Mr. Cutler gave a short presentation regarding the ordinance. In response to questions from Commissioners DISNEY and QUINN, Mr. Cutler explained that Type I would encompass any subdivision that is not requesting a variance or right-of-way vacation and is no longer correlated to the number of lots in a subdivision. He added that the proposal is to make the review process for Type I subdivisions administrative (approval by Community Development Director) if the minimum standards are met. He also confirmed there will be public noticing if the property being subdivided is larger than 2 acres. Commissioner LARSON asked for an example of a waiver of variance. Mr. Cutler explained that one type of variance for a subdivision would be lot width or the maximum length of a cul-de-sac. He added that the review criteria for variances are very strict and not always approvable. Commissioner LARSON had some concerns about communication to the public and whether subdivision notices would be sent as letters or postcards. He wanted to ensure the community is aware it is not junk mail. In response to a question from Commissioner DITULLIO, Mr. Cutler confirmed that setback variances are not included in the subdivision requirements. ITEM NO: 2 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 24-2023 - AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING BASIC LOCAL TELECOMMUNICATIONS SERVICE PUBLIC HEARING ORDINANCES FOR 1ST READING (09/11/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/25/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: The City’s code regarding the taxation of basic local telecommunication services requires revision. The current code is based on the false premise that Lumen (formerly US West, Qwest, and Century Link) is still the primary provider of telephone lines in the City. Based on this premise, competitors are charged a per line rate computed from Lumen’s number of lines and the flat occupation tax paid by Lumen per ordinance 1997-1072. Due to the rapid decline of land lines provided by Lumen, the per line charge to other providers has risen substantially. Furthermore, the current code is confusing as to how cellular lines are treated from a taxation perspective. The types and means of delivery of telecommunication services has evolved significantly since the City enacted its telecommunication occupation tax code in 1997. The current code does not reflect the status of the telecommunications industry nor is it consistent with Wheat Ridge’s municipal neighbors. Staff recommends an update to the tax code to ensure equity, simplicity, revenue preservation and ease of administration for both telecommunication providers and City staff. Council Action Form – Telecom Occupation Tax September 25, 2023 Page 2 PRIOR ACTION: The City Council approved this ordinance on first reading on September 11, 2023. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 6 to 0. In 1997, Council approved ordinance 1072 substantially amending the Wheat Ridge Code of Laws concerning the taxation of basic local telecommunication services that had been in force since 1977. hat action was driven primarily by the Federal Telecommunications Act of 1996 deregulating basic local telecommunication services to improve competition at the local level. Key code changes from that action included the creation of a single incumbent basic local service provider, U.S. West, and an occupational tax rate dependent on an annual historical tax value attributed to U.S. West of $190,575. This ordinance also included the provision of cellular service in the definition of “basic local telecommunications service,” but the text is confusing and contradictory. On August 21, 2023, staff presented Council with an update about the challenges stemming from existing code and provided recommendations for amendments. Council provided consensus to update the definition, remove the provision of an incumbent provider who pays $190,575 per year, and provide a per line monthly occupation tax for 2024 of $3.55 per line that applies to all basic local exchange providers and that the rate is adjusted annually according to the consumer price index. FINANCIAL IMPACT: The past five years’ revenue derived from telecommunications occupation tax is as follows: Year Audited Revenue 2022 $876,297 2021 $626,461 2020 $574,382 2019 $498,039 2018 $503,465 BACKGROUND: Since the early 1980s, the telecommunication industry has experienced tremendous technological innovation. Ranging from the manner in which telecommunication services are provided to the telecommunication equipment used by businesses and consumers, the industry is seemingly in a constant state of flux. Naturally, local governments have experienced challenges in keeping pace with the telecommunications industry as it relates to business occupation taxation. The City of Wheat Ridge last addressed the changes in the telecommunications industry in the late 1990s with Council Action Form – Telecom Occupation Tax September 25, 2023 Page 3 a sweeping amendment of Chapter 22, Article III, “Basic Local Telecommunications Service”. Certain language in the City’s telecommunications tax code language is not aligned with the industry nor the taxation practices of other local governments. In addressing the mandates of the Federal Telecommunications Act of 1996, the City recognized that U.S. West held a monopoly on basic local telecommunication services in Wheat Ridge. Naturally, the City desired to create a more competitive marketplace for other basic local telecommunication services. Thus, 1997’s Ordinance 1072, that repealed and reenacted Chapter 22, Article III, sought to foster competition for basic local telecommunication service providers. Part of this effort established U.S. West -- which later became Qwest until becoming CenturyLink and now Lumen – as the sole incumbent basic local telecommunications service provider. While this designation would appear to memorialize the monopoly that U.S. West once held, it actually served as an important step in the City’s desire to create a fair occupational tax basis for other basic local telecommunication service providers. Another key part of this effort was the codification of $190,575 in telecommunication occupational taxes paid by U.S. West in 1996. This is yet another important benchmark because since 1997, this figure has served as a key piece of the computation for determining the annual telecommunications occupation tax for all non-incumbent basic local telecommunication service providers. As the incumbent, since 1997, Lumen has never paid an annual amount of telecommunication occupation tax more or less than $190,575. The telecommunication occupation tax applicable to non-incumbents is computed as follows: Numerator = Incumbent Provider Tax Denominator = Number of Incumbent Provider Lines The result of the above computation is then divided by 12 for a monthly occupational tax rate. For example, for 2018, the telecommunication occupation rate for a non-incumbent was computed as follows: $190,575 4,372 = $3.63 For 2022, the telecommunication occupation rate was computed as: $190,575 1,928 = $8.24 A non-incumbent basic local telecommunication service provider with 150 lines in 2018 paid $6,534 per year in telecommunication occupation taxes. But in 2022, assuming no change in lines, the same provider paid $14,832 in telecommunication occupation taxes, an increase of Council Action Form – Telecom Occupation Tax September 25, 2023 Page 4 127% in 5 years. Meanwhile, the incumbent’s annual occupation tax remained unchanged. Due to the significant increase in fees, staff froze the 2022 per line rate at $8.24 while researching this issue for council’s consideration. A summary of the per rate line charged to providers, except for the incumbent, is provided below and demonstrates the actual rate in 2023 and the proposed rate in 2024, if the rate had not been artificially frozen nor a code update considered. Rate Year Lumen Lines Reported Base Code / Lines = Annual $ Rate Monthly fee per line 2018 4,372 43.59 3.63 2019 4,146 45.97 3.83 2020 3,634 52.44 4.37 2021 2,896 65.80 5.48 2022 1,928 98.84 8.24 2023 1,928 98.84 8.24 2023 687 277.40 23.12 2024 463 411.61 34.30 Starting in the early part of the 21st century, business and consumer usage of cellular mobile telecommunication services began to outpace landline telecommunication services. In increasing numbers, businesses and consumers switched from landline to cellular mobile telecommunication services. Having been rewritten in 1997, Chapter 22, Article III did not sufficiently address all types of telecommunication services. Thus, as landlines of the incumbent decreased remarkably over time and because the code did not adequately address other types of telecommunication delivery services, namely cellular mobile lines, the annual occupational rate began to increase exponentially. As important, it became clear that the even-playing field that the City had sought to foster 25 years before in 1997 was no longer achievable in the current model. The staff working group, comprised of the finance manager, revenue auditor, deputy city manager, city attorney and outside council and telecommunications expert Ken Fellman, considered alternatives to reduce the current per line charge, ensure equity among providers and preserve the City’s revenue stream. The team considered: • Do nothing and leave the code as is. This option would result in the continued climb of the per line charge for providers, which is ultimately passed to customers. • Implement a sales tax instead of an occupation tax. This option is in stark contrast to our neighbors and might be viewed as a tax policy change resulting in a net revenue gain, opening us to a TABOR challenge. • Amend the code replacing the stated incumbent with the current market leader (Xfinity) or top 3, 5 or 10 businesses. This option would likely result in a higher burden on physical phone lines and fail to address the inclusion of cellular lines. • Amend the code to further clarify cellular service and institute a flat per line fee applicable to all lines and all providers. This option aligns Wheat Ridge with our Council Action Form – Telecom Occupation Tax September 25, 2023 Page 5 neighbors, lowers the current per line charge and preserves the revenue stream. It is not a change to tax policy, but rather a cleanup and clarification of the existing code. Based on extensive research and experience in administering the program, staff recommended the following updates to the current code, for which Council provided consensus on August 21, 2023. 1. Change the defined term “basic local telecommunications service” to “basic local exchange service” to utilize common terminology found in state and federal law. Additionally, remove existing ambiguity to more clearly express the intent of the 1997 ordinance that cellular service be deemed “basic local exchange service.” 2. Remove the provision of an incumbent provider who pays $190,575 per year 3. Provide a per line monthly occupation tax for 2024 of $3.55 per line that applies to all basic local exchange providers. Adjust the per line occupation tax annually, effective January 1, 2025, by the percentage change in the US Bureau of Statistics Consumer Price Index for the Denver-Boulder area. RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2023, an ordinance amending Article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunication service on second reading, order it published, and that it take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 24-2023, an ordinance amending Article III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunication service” for the following reason(s) _________________.” REPORT PREPARED AND REVIEWED BY: Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 24-2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 24 ORDINANCE NO. 1776 Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 22 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BASIC LOCAL TELECOMMUNICATIONS SERVICE WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, 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 III of Chapter 22 of the Wheat Ridge Code of Laws concerning basic local telecommunications service; and WHEREAS, the Council finds and determines that it is necessary to change the defined term “basic local telecommunications service” to “basic local exchange service” in order to utilize terminology more commonly used to describe this service in both state and federal law, as well as to avoid potential confusion regarding the applicability of certain Federal Communications Commission rules that address “telecommunications services” as that term is defined in federal law; and WHEREAS, the Council finds and determines that it is necessary to clarify the definition of “basic local exchange service" and to simplify the manner in which the occupation tax is levied upon such service. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22–121 of the Code is amended by repealing and reenacting the following definitions to read in their entirety as shown: Basic local exchange service means a service that provides (a) a local dial tone; (b) local usage necessary to place or receive a call within an exchange area; and (c) access to emergency, operator, and interexchange telecommunications services. Basic local exchange service is also intended to be analogous to "telephone exchange service" as that term is defined in federal law, namely, service within a telephone exchange, or within a connected system of telephone exchanges within the same exchange area operated to furnish to subscribers intercommunicating service of the character ordinarily furnished by a single exchange, and which is covered by the ATTACHMENT 1 exchange service charge, or comparable service provided through a system of switches, transmission equipment or other facilities (or combination thereof) by which a subscriber can originate and terminate a telecommunications service. The provision of cellular or mobile radio telephone service to any resident, business or other entity shall be deemed basic local exchange service for the purpose of determining the applicability of this business and occupation tax. Line shall mean a separate telephone number, or its functional equivalent such as a unique locator, having a service address located within the City of Wheat Ridge, except that, to the extent basic local telecommunications service is provided through trunks, a line shall mean network access register or its functional equivalent. Basic local exchange service provider shall be any company or entity who enters into the business of providing basic local telecommunications service in the City. Section 2. Section 22–123 of the Code concerning amount and payment of tax is hereby repealed and reenacted to read in its entirety as follows: The amount of the tax levied and payment of the tax shall be as follows: (1) each basic local exchange service provider who provides basic local exchange service within the city shall pay a per line tax as described below: The City Council finds and determines; a. after reasonable inquiry and calculation, there presently are a total of 20,000 individual lines of exchange service being provided by all basic local exchange service providers in the city. b. the total revenue derived from the telephone occupation tax under Article III of chapter 22 for calendar year 2022 was $850,000. This total revenue figure shall be used to determine the annual per line basic local exchange service charge under subsection 1(c) below. c. based upon these figures, the per-line tax which is imposed and shall be paid by each basic local exchange service provider as of January 1, 2024 is: $3.55 per month. This per line tax amount shall be annually adjusted by the Wheat Ridge City Treasurer as set forth in subsection (3) below. d. the per line rate established hereby will result in no significant change in revenue derived from the occupation tax on basic local exchange service as compared to prior years, it being the intention of the Council that this revenue amount remain essentially constant. (2) Each year the prior year's monthly rate shall be adjusted by the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index based upon the August report of the prior year. The new rate shall be effective on the following January 1. Effective January 1, 2025, the tax rate shall be the 2024 monthly line charge adjusted by the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its successor index. This adjustment shall be based upon the August 2024 report of such index. (3) The Wheat Ridge City Treasurer is hereby authorized and directed to perform the necessary calculations to determine the per-line tax annually, based upon the then-current calculation by the City of the number of basic local exchange service lines in the City as of the date of calculation. The Treasurer is directed to perform this calculation so as to achieve a per-line charge which will result in no significant increase or decrease in the overall annual revenue to be collected by the City from this tax. Section 3. Effective Date. This Ordinance shall take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 11th day of September 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for September 25, 2023, at 6:30 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 ___ 2023. SIGNED by the Mayor on this _____ day of __________ 2023. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: September 12, 2023 Second Publication: September 26, 2023 Effective Date: September 25, 2023 Published: September 26, 2023 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2023 - AN ORDINANCE AMENDING SECTIONS 2-53 AND 2-55 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS AND COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (09/25/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/09/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: The City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and Commissions. Recognizing this, Council studied how to provide greater opportunities for interested residents and make general improvements to the City’s Boards and Commissions. PRIOR ACTION: The City Council held a Study Session on August 7, 2023. At this meeting, the Council reached consensus to make several amendments to the City’s Boards and Commissions Municipal Code. FINANCIAL IMPACT: None BACKGROUND: Staff has prepared a proposed ordinance for the City Council to consider for first reading. Council Bill No. 25 was drafted as a result of the consensus that Council achieved at the August 7, 2023, meeting. It makes the following changes to the Boards and Commissions Code: Council Action Form – Boards and Commissions Code Amendments September 25, 2023 Page 2 1. Term Limits: Implements a two-term limit, allowing term-limited board members to serve extended terms in the absence of any other qualified applicant. The Council can reappoint a term-limited board member to serve an indefinite number of extended terms. Extended terms shall be at will with reappointment required at the end of the length of a standard term. Therefore, the Council can replace a term-limited board member with a qualified applicant at any time. All City boards have three-year terms, except for the Election Commission which has a two- year term. These term limits will apply to serving on an individual 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. 2. Election Commission Term Limits: The City Council also reached consensus to amend the length of the Election Commission’s term from two to three years. However, unlike other boards and commissions, the Election Commission’s term length is established by the City Charter. Therefore, amending it would require approval from the voters in a general or special election. To achieve the Council’s goal that all boards and commissions are term- limited to approximately six years of service, Council Bill No. 25 implements a three-term limit for the Election Commission. 3. Consecutive Term Limits: Term-limited board members can reapply to serve on their previous board after the length of a standard term has passed. 4. Mid-Term Appointments: Boards and commissions will use the rounding approach to determine if a mid-term appointment will be counted as a full term. Using this approach, a board member appointed to serve 50% of the length of a term or longer will be considered to have served a full term. A board member appointed to serve less than 50% of the length of a term will not be considered to have served a full term. 5. Removing Board Members: The Council can remove a board member at their discretion as well as for violating the Boards and Commissions Code of Ethics. Upon second reading of Council Bill No. 25, staff will present the City Council with a resolution to adopt the attached Boards and Commissions Code of Ethics (Attachment 2). The Code of Ethics regulates the behavior of board and commission members in their official capacity as well as in their capacity as members of the public. 6. Unexcused Absences: Absences due to illness, emergency, or force majeure will be excused. Other absences will be excused if the board member notifies the board’s chairperson and staff liaison that they will not be able to attend a board meeting at least seven days in advance of said board meeting. All other absences will be un-excused. This amendment expands the definition of an excused absence. Currently, all absences except for those due to “illness, death in the family, or emergency” are considered unexcused and may result in automatic removal. Board members that accrue a significant number of excused Council Action Form – Boards and Commissions Code Amendments September 25, 2023 Page 3 absences may still be removed if their absence negatively impacts the ability of the board to operate. 7. Automatic Removal: Board members that accrue two unexcused absences in a 365-day period are automatically removed from their position. Each respective board may vote to excuse an unexcused absence and thereby reinstate the removed board member. This amendment will create a clear and easily enforceable policy while preserving the ability of boards to reinstate members that accrue too many unexcused absences. 8. At-Large Board Members: The Mayor selects the appointment of all at-large board positions. The Cultural Commission and the Building Code Advisory Board each have one at-large position. The Board of Adjustments also has four at-large alternate members. The at-large member of the Cultural Commission is currently selected by the City Manager. This policy is a violation of the Municipal Charter, which states that the City Council must select the membership of all boards and commissions. The at-large members of the Building Code Advisory Board and the Board of Adjustments are currently selected by the City Council. City Councilors are elected by district. The Mayor is elected at-large. Therefore, the Council has directed staff to assign the Mayor the responsibility of selecting at-large appointments. 9. Approximately Equal Representation: Clarifies that the City may appoint board members that achieve approximately equal representation from each Council District. Currently, the Municipal Code is not clear on this subject, which puts the legality of at-large appointments in question. This amendment clearly establishes the right of the Council to make at-large appointments as long as district representation is prioritized. 10. Alternate BOA Members: Codifies four at-large alternate members of the Board of Adjustment (BOA). An alternate member may vote in the absence of a regular member. The Mayor will select these appointments. These alternate members currently exist in violation of the Municipal Code because they were never codified. This amendment simply codifies the already existing at-large alternate members of the BOA. Timeline for Implementation Council Bill No. 25-2023 will take effect on March 1, 2024. This implementation date will allow the City to develop standard operating procedures and train staff liaisons before actualizing these amendments. Furthermore, the March effective date aligns with the beginning of most board and commission terms which will facilitate a seamless transition. Next Steps If the City Council approves Council Bill No. 25-2023, adopting changes to the Boards and Commissions Code, then staff will begin to amend the bylaws of each board and commission to Council Action Form – Boards and Commissions Code Amendments September 25, 2023 Page 4 comply with the new code. Staff would then return to the City Council to adopt the amended bylaws of each board and commission in bulk. RECOMMENDED MOTION: “I move to approve Council Bill No. 25-2023, an ordinance amending sections 2-53 and 2-55 of the Wheat Ridge Code of Laws concerning membership of boards and commissions, on first reading, order it published, public hearing set for Monday, October 9, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect on March 1, 2024.” Or, “I move to postpone indefinitely Council Bill No. 25-2023, an ordinance amending sections 2-53 and 2-55 of the Wheat Ridge Code of Laws concerning membership of boards and commissions for the following reason(s)___________ _____________________________.” REPORT PREPARED AND REVIEWED BY: Cole Haselip, Management Analyst Robin Eaton, Deputy City Clerk Marianne Schilling, Assistant City Manager Alli Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 25-2023 2. Boards and Commission Code of Ethics CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 25-2023 ORDINANCE NO. 1777 Series 2023 TITLE: AN ORDINANCE AMENDING SECTIONS 2-53 AND 2-55 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF BOARDS AND COMMISSIONS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-201, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the appointment, term of office, removal, powers, duties, and compensation of all officers; and WHEREAS, the Council is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof; and WHEREAS, the Council finds it necessary to amend Code Sections 2-53 and 2- 55 to better clarify procedures concerning board and commission membership. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-53(b) of the Code is amended to read as follows: All boards and commissions shall consist of eight (8) regular members, unless a different number is provided by ordinance, to be appointed by a majority vote of the members of the city council. IN THE CASE OF THE BOARD OF ADJUSTMENT, THE BOARD SHALL ALSO INCLUDE FOUR (4) ALTERNATE MEMBERS. Regular members of all boards and commissions shall have equal voting strength ONof their respective board or commission, and shall be authorized to attend, participate in, and vote at their respective board or commission meetings. The attendance of a majority of the members of the board or commission shall constitute a quorum for the transaction of business at each meeting of such boards and commissions, and, except as provided herein in subsection (d), the affirmative vote of a simple majority of the members present shall be required to adopt any motion or make or ratify any decision of the board or commission. Section 2. Section 2-53(c) of the Code is amended to read as follows: (c) Members of boards and commissions shall serve terms of three (3) years, and such members may be reappointed to serve ONE additional three-year ATTACHMENT 1 terms of office EXCEPT FOR MEMBERS OF THE ELECTION COMMISSION, WHO MAY BE REAPPOINTED TO SERVE TWO (2) ADDITIONAL TWO-YEAR TERMS. NO BOARD OR COMMISSION MEMBER SHALL BE ELIGIBLE FOR REAPPOINTMENT IF THEY HAVE PREVIOUSLY BEEN APPOINTED TO TWO (2) CONSECUTIVE THREE (3) YEAR TERMS EXCEPT FOR MEMBERS OF THE ELECTION COMMISSION WHO WILL NOT BE ELIGIBLE FOR REAPPOINTMENT IF THEY HAVE PREVIOUSLY BEEN APPOINTED TO THREE (3) CONSECUTIVE TWO (2) YEAR TERMS. TERMS ARE CONSIDERED CONSECUTIVE UNLESS SEPERATED BY AT LEAST ONE (1) THREE (3) YEAR TERM OR, IN THE CASE OF THE ELECTION COMMISSION, AT LEAST (1) TWO (2) YEAR TERM. TERM LIMITED MEMBERS MAY BE APPOINTED TO SERVE ADDITIONAL TERMS IN THE ABSENCE OF OTHER QUALIFIED APPLICANTS. NOT WITHSTANDING AND INDEPENDENT OF THE REQUIREMENTS OF SECTION 2-53(E), THE COUNCIL MAY APPOINT A QUALIFIED APPLICANT TO REPLACE A TERM LIMITED BOARD MEMBER SERVING AN ADDITIONAL TERM AT ANY TIME. AN APPOINTMENT MADE TO FILL A VACANCY DURING A TERM, SHALL NOT BE CONSIDERED A FULL TERM WHEN THE APPOINTMENT OCCURS MORE THAN HALFWAY THROUGH THE APPOINTED TERM. All appointments to all boards and commissions shall be made to achieve APPROXIMATELY equal representation from each council district to each board or commission. WHERE THIS CODE PROVIDES FOR AN AT-LARGE MEMBER OR MEMBERS OF A BOARD OR COMMISSION, THE APPOINTMENT OF SUCH MEMBERS SHALL BE MADE BY THE MAYOR. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident. Upon the vacation or expiration of an out-of-district member's initial term, the council shall not reappoint said member unless no qualified in-district residents have applied for that seat on the board or commission. Except as provided herein and in subsection (e) hereof, all members of boards or commissions presently serving shall be entitled to complete the terms for which they were appointed and shall be subject to reappointment at the discretion of the city council. Section 3. Section 2-53(e) of the Code is amended to read as follows: Any board or commission member may resign THEIR his term of office at will. Any board or commission member may be removed from office by the city council, after a public hearing before the council, by majority vote, AT THE COUNCIL’S DISCRETION. A MEMBER MAY ALSO BE REMOVED BY THE COUNCIL FOR VIOLATION OF A COUNCIL ADOPTED CODE OF ETHICS for reasons of inefficiency, neglect of duty, malfeasance in office, or violation of established rules and procedure. Any time a member of a board or commission ACCRUES is absent from more than TWO UNEXCUSED ABSENCES FROM twenty-five (25) percent of the meetings held by the board or commission within any THREE HUNDRED AND SIXTY-FIVE (365) DAY PERIOD, 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. ANY BOARD OR COMMISSION MEMBER WHO IS UNABLE TO ATTEND A MEETING SHALL NOTIFY THE CHAIRPERSON AND STAFF LIAISON AT LEAST SEVEN (7) DAYS IN ADVANCE OF SAID MEETING, EXCEPT FOR IN THE CASE OF AN ILLNESS, EMERGENCY, OR FORCE MAJEURE. ALL OTHER UNNOTIFIED ABSENCES SHALL BE CONSIDERED UNEXCUSED. 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 city council, which shall hold a hearing to determine if such member shall be removed for neglect of duty. A board or commission member who is not a resident within THEIR his represented district, as permitted by section 2-53(c), may be removed and the vacancy thereby created, filled only in the event one of the foregoing conditions applies. Other than as permitted by section 2-53(c),any board or commission member who shall change THEIR his personal residence to an address outside the city or the district he represents shall cease to be a member of the board or commission, and THEIR his seat shall automatically be deemed vacated as of the date on which he ceased to be a resident of the city or of the district. Vacancies on any board or commission, whether resulting from resignation, removal by the council or other cause, may be filled by a new appointment by the city council. Such an appointment shall be for that portion of time remaining in the term which the new member has been appointed to fill. Section 4. Section 2-55(a) of the Code is amended to read as follows: (a) Membership. Members of the cultural commission shall be appointed and serve in accordance with section 2-53, except that the cultural commission shall consist of nine (9) members: two (2) members shall be appointed from each council district, and one (1) member shall be appointed by the MAYOR city manager, to serve at large. Section 5. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect March 1, 2024. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of September 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 9, 2023, 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 ______________, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: September 26, 2023 Second Publication: October 10, 2023 Effective Date: March 1, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us 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 personal gain from the use of public resources and work towards maximizing public benefit. II. Conduct as a Private Individual a. Personal Integrity: ATTACHMENT 2 Updated 9/14/2023 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. ii. We will not accept gifts, favors, 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 and foster an environment of transparency, fairness, and ethical conduct in all aspects of their role. ITEM NO: 4 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 26-2023 - AN ORDINANCE AMENDING SECTIONS 11-504, 11-506 AND 2-80 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SHORT TERM RENTAL LICENSING ENFORCEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (09/25/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/09/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Since that time, staff has been working to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax and enforcing the provisions of the original ordinance. It has become apparent that there are some weaknesses in the existing code that make enforcement action against illegal STRs challenging. Staff recommends a code amendment so that Council’s original intent, to ensure that only legally licensed STRs exist in Wheat Ridge, can be realized. PRIOR ACTION: Council approved ordinance 1709 on February 22, 2021, enacting licensing requirements for STRs in Wheat Ridge. The licensing provisions of the ordinance became effective on May 1, 2021, and STR hosts were required to begin collecting and remitting lodgers’ tax on August 1, 2021. FINANCIAL IMPACT: STRs generate approximately $35,000 in licensing fees and $800,000 in lodgers’ tax annually. 50% of the STR lodgers’ tax is placed in the Wheat Ridge Housing Fund, 30% is placed in the Council Action Form – Short-Term Rental Code Amendment September 25, 2023 Page 2 Crime Prevention Fund and 20% is placed in the Capital Improvement Program Fund. The workload associated with STR licensing, compliance and enforcement is higher than expected, and the City is recruiting a Compliance Officer, using an existing Community Services Officer vacancy, to increase capacity and adjust to the new workload. BACKGROUND: The STR program is working as Council intended in most areas. The City has licensed a total of 242 STRs as follows: * Homes in mixed use or commercial zones are not subject to the 2% cap, hence some districts have a total of whole home licenses that exceed the district cap. However, a recent increase in unlicensed STRs is exposing a weakness in the code because the language is not sufficiently clear to summons an unlicensed property owner or tenant into municipal court. No license exists and therefore no administrative remedy is available, therefore it is important to further codify potential criminal penalties for unlicensed operators. After working through some recent examples, staff recommends an update to the code to accomplish the following: 1. Broaden accountability beyond legal owner or “host” to include any individual who has ownership, possession, or control of the premises. 2. Provide additional clarity that that it is unlawful to operate or advertise an STR without a license. RECOMMENDED MOTION: “I move to approve Council Bill No. 26-2023, an ordinance amending sections 11-504, 11-506 and 2-80 of the Wheat Ridge Code of Laws concerning short term rental licensing enforcement on first reading, order it published, public hearing set for Monday, October 9, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect upon adoption and signature by the Mayor and City Clerk, as permitted by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 26-2023, an ordinance amending sections 11-504, 11-506 and 2-80 of the Wheat Ridge Code of Laws concerning short term rental licensing enforcement” for the following reason(s) _________________.” DISTRICT I II III IV TOTAL 2% cap limit 49 52 54 37 192 Whole Home Licenses (within 2% cap) 49 52 37 37 175 Whole Home Licenses (above cap*) 6 5 0 0 11 Partial Home Licenses (not subject to cap) 22 16 10 8 56 Total Licenses 77 73 47 45 242 Waitlist Count 54 10 N/A 12 76 Council Action Form – Short-Term Rental Code Amendment September 25, 2023 Page 3 REPORT PREPARED AND REVIEWED BY: Carmen Beery, City Attorney Gerald Dahl, City Attorney Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 26-2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 26 ORDINANCE NO. 1778 Series 2023 TITLE: AN ORDINANCE AMENDING SECTIONS 11-504, 11-506 and 2-80 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SHORT TERM RENTAL LICENSING ENFORCEMENT 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, C.R.S. §§ 31-15-401, 31-15-501 and 31-23-301 et seq., the City, acting through its City Council (the “Council”), is authorized to regulate the operation of local businesses, impose requirements on the same related to the public health, safety and welfare, and establish locational limitations on business enterprises through the City’s zoning regulations; and WHEREAS, pursuant to this authority, the Council previously adopted short term rental regulations, codified as Wheat Ridge Municipal Code (“Code”) Article XIV of Chapter 11 and Code Sec. 26-645; and WHEREAS, the City Council wishes to both clarify and expand the enforcement avenues available to enforce violations of the City’s short term rental licensing program. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-504 of the Code, concerning accountability for the operation of short term rentals, is hereby amended as follows: Sec. 11-504. - Accountability. (a) A PERSON short-term rental host may not simultaneously rent a short-term rental to more than one (1) group under separate contracts, bookings, or appointments. (b) The short-term rental shall be the legal responsibility of ALL INDIVIDUALS WHO HAVE OWNERSHIP, POSSESSION OR CONTROL OF THE PREMISES OR ITS OPERATION AS A SHORT TERM RENTAL, whether as owner, co-owner, occupant, tenant OR AGENT OF ANY OF THE SAME. the legal owner(s) of the subject property, and the short-term rental host shall agree to accept notice of violation either in person, upon posting upon the property, or by mailed notice. ATTACHMENT 1 2 (c) The city shall maintain the right to conduct an inspection of the property at any time, upon proper notice, to determine compliance with this article and section 26-645. Section 2. Section 11-506 of the Code, concerning failure to register a short term rental, is hereby amended as follows: Sec. 11-506. – Failure to register.; VIOLATIONS, ENFORCEMENT. (a) IT IS UNLAWFUL TO OPERATE, PROVIDE, ADVERTISE OR SOLICIT THE RENTING OF A SHORT TERM RENTAL, OR TO AID, FACILITATE, ABET, PERMIT OR ALLOW ANY OF THE SAME, All persons wishing to operate a short-term rental within the city WITHOUT THE REQUIRED on and after May 1, 2021 must apply for a short-term rental business license AND TYPE (“WHOLE-HOME” OR “PARTIAL-HOME”) under this article XIV AND SECTION 26-645 OF THIS CODE. (b) PERSONS VIOLATING THIS SECTION OR ANY OTHER PROVISION OF THIS ARTICLE OR SECTION 26-645 OF THIS CODE SHALL BE SUBJECT TO THE ENFORCEMENT PROCEDURES AND PENALTIES PROVIDED UNDER SECTIONS 1-5 AND 1-6 OF THIS CODE. On and after August 1, 2021, short-term rental hosts operating short-term rentals prior to August 1, 2021 must have applied for a short-term rental business license pursuant to this article XIV. (c) On and after August 1, 2021, short-term rental hosts must collect lodger's tax on such rentals pursuant to Code section 22-100. (d) Persons operating a short-term rental within the city without the required short-term rental business license as of August 2, 2021 shall be subject to enforcement under this chapter and as a municipal code violation under sections 1-5 and 1-6 of this Code. ADDITIONALLY, ANY Such persons LEGALLY RESPONSIBLE FOR A SHORT TERM RENTAL, AS PROVIDED IN SECTION 11- 504(B) HEREOF, OPERATED IN VIOLATION OF THIS ARTICLE IS are not eligible to apply for a short-term rental business license for one (1) year following the date after August 2, 2021 upon which THE VIOLATION IS ENTERED BY COURT OR AHO ORDER, PAYMENT OF ADMINISTRATIVE FINE, EFFECTIVENESS OF PLEA AGREEMENT OR OTHER SETTLEMENT, OR ANY OTHER LEGAL FORM OF ADMISSION OR ADJUDICATION they are found to be operating a short-term rental without the required license. (C) PERSONS VIOLATING THIS SECTION OR ANY OTHER PROVISION OF THIS ARTICLE OR SECTION 26-645 OF THIS CODE SHALL BE SUBJECT TO THE ADMINISTRATIVE 3 ENFORCEMENT PROCEDURES AND PENALTIES PROVIDED UNDER ARTICLE V OF CHAPTER 2 OF THIS CODE. (D) THE ENFORCEMENT PROCESSES AND PENALTIES SET FORTH HEREIN ARE CUMULATIVE AND CONCURRENT IN NATURE. THE CITY’S INITIATION OF ONE PROCESS DOES NOT PRECLUDE OR BAR THE CITY’S PURSUIT OF ANY OTHER RIGHT, REMEDY OR PROCESS. (e) The city treasurer is hereby authorized to adopt rules and regulations, if needed, to implement the requirements of this section 11-506. Section 3. Section 2-80 of the Code, concerning the scope of the Chapter 2 Administrative Enforcement process, is hereby amended as follows: Sec. 2-80. - Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative penalties that may be imposed for violation of the following portions of this Code: chapter 5, buildings and building regulations; chapter 9, health; chapter 13, motor vehicles and traffic; chapter 15, nuisances; article X of chapter 11 concerning massage businesses, ARTICLE XIV OF CHAPTER 11 CONCERNING SHORT TERM RENTALS; chapter 21, streets and sidewalks; chapter 22, taxation; chapter 24, vegetation; chapter 26, zoning. Section 4. 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 5. Effective Date. As permitted by Charter Section 5.11, this Ordinance shall take effect immediately upon adoption on second reading and signature by the Mayor. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 25th day of September 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 9, 2023, at 6:30 p.m. as a virtual meeting and 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 ___ 2023. 4 SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: September 26, 2023 Second Publication: October 10, 2023 Effective Date: October 9, 2023 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 5 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 46-2023 – A RESOLUTION IN SUPPORT OF THE CITY FILING A COMMITMENT TO THE STATE OF COLORADO, DIVISION OF HOUSING, TO INCREASE THE CITY’S SUPPLY OF AFFORDABLE HOUSING TO BE ELIGIBLE FOR FUTURE PROPOSITION 123 FUNDS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Addressing housing affordability is one of the City’s and State’s most pressing issues. Colorado voters enacted Proposition 123 in 2022 that will make several hundred million dollars available for affordable housing statewide starting in late 2023. For a project to be eligible for these funds in Wheat Ridge, the City must file a commitment to increase its supply of affordable housing over the next three years to the State of Colorado, Division of Housing. This commitment is due by November 1, 2023. PRIOR ACTIONS: City Council adopted the Affordable Housing Strategy and Action Plan (“Strategy”) on January 9, 2023, and subsequently created the Wheat Ridge Housing Fund on June 12, 2023. City Council approved a new position and budget supplemental for a Housing Program Administrator on May 22, 2023. At the August 21, 2023, City Council Study Session, the council offered unanimous support for a resolution in support of filing a three-year commitment. CAF – Proposition 123 Commitment September 25, 2023 Page 2 FINANCIAL IMPACT: Filing a commitment to increase the City’s supply of affordable housing will not have an immediate financial impact on the City; however, it is a necessary step for the City, or any affordable housing developer with a project in the City, to be able to access Proposition 123 funds over the next three years through December 31, 2026. BACKGROUND: Proposition 123 At the general election in 2022, Colorado voters approved Proposition 123, which created a Statewide Affordable Housing Fund. It is funded by state income tax revenue and overseen by the Department of Local Affairs (DOLA) and the Governor’s Office of Economic Development and International Trade (OEDIT). The state estimates the fund will generate $300 million annually, with funds becoming available starting in the second half of 2023. The state housing fund will be split between two entities for administration. The Colorado Housing Finance Authority (CHFA) will receive 60% of funds to establish programs related to equity investments, debt financing, and land banking. The Department of Housing (DOH) will receive 40% of funds to establish programs related to affordable home ownership, homelessness, and to increase local government capacity for expedited review of affordable housing projects. Affordable Housing Commitment As a prerequisite to accessing funds, local governments are required to make two commitments: 1) a commitment to expedited review of affordable housing projects and 2) a commitment to increasing the supply of affordable housing by 3% annually. Fast track reviews are not required until 2027, and rulemaking around this topic is still in process. The current focus is on the 3% growth commitment. In order to access funds, a commitment is due to the state by November 1, 2023. The specific commitment is to increase the supply of affordable housing units (newly built and/or converted) by 3% per year. The City may commit to 3% for one year, 6% for two years, or 9% for three years. Staff is recommending a 9% commitment over three years. In filing a commitment to the state, the City (and any affordable housing developers within the City) will be eligible to receive the Proposition 123 funds. There would be no financial impact to the City to make a commitment. The City would be eligible for Proposition 123 funds for the duration of the commitment (for three years if we make a three-year 9% commitment). If the City does not meet its 9% goal by the end of three years, Proposition 123 funds would not be available for a period of one year. After that ineligibility period, the City can file a new commitment and regain access to funds. CAF – Proposition 123 Commitment September 25, 2023 Page 3 Establishing a Baseline In order to assess growth, a baseline must be established. Measuring the current size of the City’s affordable housing stock is difficult, and the method of establishing the baseline is established by state statute and does not conform neatly with other metrics of affordability. The baseline for the purpose of Proposition 123 includes rental units and for-sale units. The City’s baseline amount of affordable housing can be estimated using one of three methods: U.S. Census data, HUD’s housing affordability strategies estimate, or DOLA’s web-based assessment tool. There are pros and cons to each method, and the baseline figure is not exactly representative of the number of affordable units currently available but rather a number derived using similar data for every community for the purpose of establishing a starting point. The data used by DOLA’s baseline assistance tool includes income, household size, sale unit availability rate, inflation rate, mortgage interest rate, and property tax rate. The DOLA tool was utilized to establish the baseline, along with technical assistance from DOLA staff. The baseline figure for Wheat Ridge has been calculated to be 2,240 units. Therefore, the annual goal for new and/or converted units is 73, and the three-year goal is 218 units. Depending on the inputs for the tool, this figure is conservative, and staff believes the unit goal to be achievable. RECOMMENDATION: Attachment 1 is a resolution of support for the City to file this affordable housing commitment in order to be eligible for Proposition 123 funds over the next three years. Staff recommends approval of the resolution and would subsequently file this commitment by November 1, 2023. RECOMMENDED MOTION: “I move to approve Resolution No. 46-2023, a resolution in support of the City filing a commitment to the State of Colorado, Division of Housing, to increase the city’s supply of affordable housing to be eligible for future Proposition 123 funds.” Or, “I move to postpone indefinitely Resolution No. 46-2023, a resolution in support of the City filing a commitment to the State of Colorado, Division of Housing, to increase the city’s supply of affordable housing to be eligible for future Proposition 123 funds, for the following reason(s)_______________.” REPORT PREPARED/REVIEWED BY: Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 46-2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2023 TITLE: RESOLUTION NO. 46-2023 – A RESOLUTION IN SUPPORT OF THE CITY FILING A COMMITMENT TO THE STATE OF COLORADO, DIVISION OF HOUSING, TO INCREASE THE CITY’S SUPPLY OF AFFORDABLE HOUSING TO BE ELIGIBLE FOR FUTURE PROPOSITION 123 FUNDS WHEREAS, the City of Wheat Ridge has learned through recent community engagement that housing affordability and housing choice are among the City’s most significant issues; and WHEREAS, City Council adopted the Affordable Housing Strategy and Action Plan on January 9, 2023, that prioritizes addressing housing affordability in Wheat Ridge; and WHEREAS, Colorado voters enacted Proposition 123 in 2022 that will make several hundred million dollars available to affordable housing developers statewide starting in 2023 for affordable housing projects; and WHEREAS, in order for any affordable housing projects in Wheat Ridge to be eligible for Proposition 123 funds over the next three years, the City of Wheat Ridge must file a commitment by November 1, 2023, to increase the city’s number of affordable housing units by 9% over three years through December 31, 2026; and WHEREAS, City Council desires to file a commitment to the State of Colorado, Division of Housing to increase Wheat Ridge’s supply of affordable housing by 218 units (9%) over the next three years so that affordable housing projects, consistent with the Affordable Housing Strategy and Action Plan and other related City adopted plans, may be eligible for Proposition 123 funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council hereby supports the City filing a commitment to the State of Colorado, Division of Housing to increase the city’s supply of affordable housing to be eligible for future Proposition 123 funds. DONE AND RESOLVED this 25th day of September, 2023. ________________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ITEM NO: 6 DATE: September 25, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND THE CONTRACT WITH SUNLAND ASPHALT AND CONSTRUCTION, LLC FOR THE RECREATION CENTER PARKING LOT REPAIR PROJECT TO ALLOW FOR AN ADDITIONAL CONTINGENCY AMOUNT OF $30,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $619,400.72 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: A contract for the repair of the Recreation Center parking lot was approved by City Council in June 2023 in the amount of $485,900.72 plus a staff-managed contingency of $48,500 for a total not-to-exceed contract amount of $534,400.72. On August 28, 2023, the City Council approved an additional contingency amount of $55,000 for additional items associated with ADA modifications, electrical vehicle striping, and drainage improvements. The actual cost of the change order exceeds the approved amount, so staff is requesting that the contingency amount be increased by an additional $30,000 to cover all these items fully. This would increase the total not- to-exceed amount of the contract to $619,400.72. PRIOR ACTION: A contract with Sunland Asphalt and Construction, LLC of Littleton, Colorado was approved by City Council on June 26, 2023, for repair of the Recreation Center parking lot. Council Action – Amendment to Recreation Center Parking Lot Repair Project September 25, 2023 Page 2 FINANCIAL IMPACT: $1,832,725.00 was budgeted for design and construction of this project in the 2023 budget from the Urban Renewal Authority (URA) bond funds. Repairs, consisting of a mill and overlay with a geotextile fabric installation below the pavement, was bid in lieu of complete reconstruction resulting in a lower overall cost. Sunland’s bid was within the Engineer’s Estimate for this work. Originally, a 10% staff-managed contingency of $48,500 was recommended to account for unknown circumstances that might be encountered on the project. Additional contingency of $30,000 is requested to complete additional work that was identified after developing the bid documents. The 10% contingency and additional contingency will only be utilized as needed to pay for items not already in the plans. Construction Budget $1,832,725.00 Contract Amount $485,900.72 10% Contingency $48,500.00 Added Contingency (approved 8/28/23) $55,000.00 Additional Contingency $30,000.00 Total not-to-exceed Costs $619,400.72 Available Remaining Budget $1,213,324.28 BACKGROUND: The following improvements would be added to the project: • Relocate and increase the number of ADA-accessible parking stalls from eleven to fourteen with the associated striping, pedestrian detection, and concrete sidewalk modifications; and • Install curb and gutter to replace portions of the existing concrete channel along the rear access road and install a new rip rap channel to improve drainage; and • Install enhanced electrical vehicle striping. RECOMMENDATION: Staff recommends that City Council approve, by motion, an amendment to the contract with Sunland Asphalt and Construction, LLC to increase the contingency amount by $30,000. RECOMMENDED MOTION: “I move to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center parking lot repair project to allow for an additional contingency amount of $30,000, for a total not to exceed amount of $619,400.72.” Or, “I move to deny amendment of the contract for the Recreation Center parking lot repair project for the following reason(s) ________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager