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HomeMy WebLinkAbout04-01-2024 - Study Session Agenda PacketSTUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO April 1, 2024 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 April 1, 2024) 3.Virtually attend and participate in the meeting through a device or phone: •Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on April 1, 2024) 4.View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Public Comment on Agenda Items 1.Update from Jeffco Schools – Superintendent Tracy Dorlan 2.Board, Commission, and Committee Updates 3.Liquor Licensing Authority Review 4.Staff Report(s) 5.Elected Officials’ Report(s) Item No. 1 Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: March 22, 2024 (for April 1, 2024, Study Session) SUBJECT: Jeffco Public Schools – State of the District ISSUE: Leadership from the Jefferson County School District will provide a “State of the District” presentation to City Council at the April 1st study session. The presentation will primarily cover the following topics: 1. Vision, Mission, Values, Priorities 2. Major Accomplishments 3. Property Disposition Process 4. School Funding 5. Mill Levy Overrides 6. School District Employee Compensation 7. 2023/2024 Major Initiatives Tracy Dorland, Superintendent; Lisa Relou, Chief of Staff; Jeff Gatlin, Chief Operating Officer; and Kimberly Mahugh, Associate Chief Communications and Strategic Partnerships, will be in attendance from the District. ATTACHMENT: 1. State of the District presentation 2. District Profile 3. Jeffco Thrives 2025 1 To provide a world-class education that prepares all Jeffco students for bright and successful futures locally & globally. 4 Priorities (that guide all priorities) 1. Our Learners: Our Future Culture of Instructional Excellence Extraordinary Student Experience 2023-24 Major Initiatives Vision Mission Major Initiative #1: Student Outcomes Major Initiative #2: Central Services in Support of Student Outcomes Focus on Students | Excellence | Equity | Integrity | Belonging To be a thriving district where all students achieve their biggest dreams. Values 2. Our People: Our Strength 3. Our Operations: Our Foundation 4. Our Communities: Our Legacy Going from Vision to ImpactJeffco Thrives 2025 3 Jeffco is a leader building a community of leaders. •12 comprehensive Jeffco high schools and seven of our charter schools graduated students at a rate of 90% or higher in the 2022-23 school year. •1,000 students enrolled in Jeffco’s career and technical education programs (CTE) last year. •More than 5,500 Jeffco students were concurrently enrolled in college classes, collectively earning 29,188 college credits = $4.48M in tuition savings. •In 2023, 785 students were enrolled in a Work Based Learning course that includes internships and apprenticeships. 4 Jeffco is a leader building a community of leaders. •All elementary schools implemented an approved comprehensive core literacy resource. •New resources for math are being implemented spanning school years 2022-2025. •Addressing enrollment declines, which has allowed us to launch a more equitable student-based budgeting formula. •Launch property disposition process to build our capital reserve to invest in capital improvements in today’s schools for today’s students ; 3 properties have been approved for surplus. 5 Meet with city officials & special districts Obtain input on desired usage, limitations, etc. Is the municipality interested in the property? Host public information- sharing session Share info about process; invite to apply for Ad-hoc membership 1.Pre-Qualification Process ○ Pre-qualification info meeting for interested parties prior to document release ○ Online Pre-qualification form (high-level info only) ○ Open 6-10 weeks 2.Name Ad Hoc Advisory Committee Members ○ Online interest form ○ Open 3-4 weeks ○ Core committee members select Ad-hoc members JLL reviews and scores Pre- Qualification submissions Shares findings w/Advisory Committee Call for Offers Process ○ Call for Offers document shared by invitation only ○ Detailed proposals requested ○ Open 4-8 weeks Committee shares recommendation with Superintendent and Cabinet Sup & cabinet determine which proposal to move forward with Bo a r d V o t e s “ Y e s ” t o S u r p l u s Ea c h s u r p l u s p r o p e r t y w i l l g o t h r o u g h t h i s p r o c e s s Contracting Process / Negotiations Proceed with Contract Execution Committee reviews JLL’s assessment of Pre- Qualification submissions Committee accepts or rejects JLL assessments; Reduces # of Pre- Qualification proposals for consideration JLL reviews and scores proposals Shares findings w/Advisory Committee Committee reviews JLL’s assessment of proposals Committee accepts or rejects JLL assessment; Identifies top proposal(s) for recommendation Board of Ed: Executive Session ○ Update on proposal process to- date ○ Share superintendent’s recommendation ○ No vote needed Board of Ed: Regular Meeting Vote to approve contract with selected bidder CONTRACTINGDISCOVERYPROPOSALS PHASE PHASE PHASE See Municipal Interest Process Yes No Property Disposition Process Property Disposition Municipal Interest Process Meet with city officials & special districts Obtain input on desired usage, limitations, etc. Hold Meeting w/ Municipal Partner Understand interest / desired use including short-term lease, long- term lease or sale Bo a r d V o t e s “ Y e s ” t o S u r p l u s Ea c h s u r p l u s p r o p e r t y w i l l g o t h r o u g h t h i s p r o c e s s Explore Short-Term Lease Legal representatives negotiate terms Explore Sale or Long-Term Lease Legal representatives meet to discuss interests of parties and negotiate tentative terms of the long-term lease or sale* Contract for Short-Term Lease MOU, IGA, and/or lease executed by the Chief Operating Officer Municipality & District Co-Host Public Information- Sharing Session Board of Ed: Executive Session ○ Update on process to-date ○ Share superintendent’s recommendation** ○ No vote needed Contracting Process / Negotiations Proceed with Contract Execution Board of Ed: Regular Meeting Vote to approve contract with selected bidder CONTRACTINGDISCOVERYNEGOTIATION PHASE PHASE PHASE Municipality & District Present to Property Disposition Committee Including Ad Hoc member(s) Tentative Terms Reached Tentative Terms Not Reached Return to General Property Disposition Process 8 How Schools Are Funded The state legislature sets total funding for each school district each year. Think of our funding as a pitcher, set by the state and filled with state and local funding. Local Share = Fixed tax rate set by the state of Colorado and applied to all taxpayers. State law says Jeffco must certify 27 mills as a local contribution. State Share = Funding from State Income Tax and Sales Tax allocated by Legislature. Mill Levy Override = Voter approved additional Tax that goes straight to Jeffco Public Schools, outside the total program computation. More Local Share = Less State Share An increase in local funding due to economic growth and rising property taxes does not provide our schools with more money (and it does not increase the size of the pitcher) — it just means the state contributes less. 9 Jeffco is the second largest school district in the state and falls behind several Front Range districts when it comes to funding 9 District Jeffco Denver Cherry Creek Boulder Number of Students funded count includes charter schools 79,231 89,176 53,042 28,766 Total Program Funding Allocation per student based on FTE CDE school finance formula $9,342 $9,936 $9,575 $9,499 Additional Voter Approved MLO when calculated per student +$1,890 +$3,308 +$3,110 +$3,994 Additional Voter Approved MLO as a % of Total District Funding total program funding allocation + voter approved MLO 17%25%25%30% Denver, Cherry Creek and Boulder are all at Total Maximum Allowable Override Front Range District Funding Why Jeffco is falling behind other Front Range districts Mar-24 10 Challenge #1 •Jeffco has lost out on over $930 million dollars since the inception of the Budget Stabilization (BS) Factor •While the state plans to eliminate the BS Factor, Jeffco students will not receive a payback on the lost funds from the last 14 years. Challenge #2 •Colorado law allows public school districts to go over total program by a certain amount by maximizing the override capacity of the district as a taxing authority. •Jeffco has NOT maximized its override capacity.Other school districts have. Challenge #3 •Colorado law allows districts to tie overrides to inflation allowing override dollars to increase with inflation and maintain buying power over time. •The 2018 MLO is the only override Jeffco tied to inflation.Other school districts have set up all their MLOs to adjust with inflation. 11 Front Range Average Teacher Salaries 2022-23 SY Colorado Department of Education Salary Data 11 Market Analysis Compensation Ranking of 1 = highest salary, ranking 6 or 7 = lowest salary Mar-24 JCEA Teacher Salary Comparison districts: Adams 12, Boulder Valley, Cherry Creek, Denver, Littleton, Jeffco BA Step 1: 5 out of 6, 3.5% below average starting pay Mid-Point: 6 out of 6, 7.5% below average mid-point Maximum: 6 out of 6, 9.5% below average maximum JESPA Independence Support Paraprofessional Comparison districts: Adams 12, APS, Boulder Valley, Cherry Creek, Denver, Doug Co, Jeffco Mid-Point: 6 out of 7, 7% below average mid-point JESPA Paraprofessional Comparison districts: Adams 12, APS, Boulder Valley, Cherry Creek, Denver, Doug Co, Jeffco Mid-Point: 7 out of 7, 10% below average mid-point Elementary Principal Comparison districts: Adams 12, APS, Cherry Creek, Denver, Doug Co, Jeffco Mid-Point: 5 out of 6, 6% below average mid-point An investment in Jeffco employees is an investment in the local community. Salary & Benefits account for 85%of Jeffco’s Expenses 81%of Jeffco employees live in Jefferson County 13 District Profile Jeffco Public Schools has been providing educational excellence since 1950. Approximately 9 percent of all the K -12 students in Colorado attend a Jeffco School. Our mission is to provide a world-class education that prepares all Jeffco students for bright and successful futures as local and global citizens. Our vision is for Jeffco Public Schools to be a thriving district where all students achieve their biggest dreams. NUMBER OF SCHOOLS •84 elementary schools •6 K-8 schools •17 middle schools •17 high schools •12 option schools •15 charter schools* •1 online school •1 career/tech ed school •2 outdoor laboratory schools *Some charter schools have multiple locations but are reported here as one school. Jeffco has 155 schools and many programs on 168 campuses. STUDENT POPULATION American Indian/Alaska Native 0.5% Asian 3% Black 1.4% Hispanic 24.6% White 66% Native Hawaiian/Pacific Islander 0.1% Multiple Races 4.4% as of CDE Data, January 2023 32.5% of Jeffco Public Schools students qualified for free and reduced lunch in 2022-23. The official enrollment count for the 2022-23 school year is 77,092. ATTACHMENT 2 OUR TEACHERS Jeffco Public Schools has approximately 5,300 teachers. Our teachers meet the educator qualification requirements under the Every Student Succeeds Act (ESSA) and state law. Many have advanced degrees and several have earned national and state recognition. 74% Have Masters Degrees 1.1% Have PhDs 1.35% Have Other Degrees (Juris Doctor and Educational Specialist Degrees) 0.59% Are National Board Certified OUR VALUES • Focus on Students: In Jeffco, we make decisions and measure outcomes based on how well we serve our students. We exist to help students succeed and act with intensity to give our students the education they need and deserve, today. • Excellence: In Jeffco, we aspire to be a world-class school district which requires us to inspire one another to make an impact, focus on solutions, maximize our partnerships, and hold ourselves accountable for successful outcomes for all students. • Equity: In Jeffco, not all students, staff, and families are starting from the same place nor do they need the same things to reach their fullest potential. We view individual differences as assets to be leveraged as we help all students thrive. • Integrity: In Jeffco, acting with integrity creates honesty, trust, responsibility, and a spirit of transparency. It is a constant commitment to do the right thing for our students, staff, families, and community. • Belonging: In Jeffco, we cultivate environments where all students, staff, families, and members of our community are safe, accepted, respected, included, encouraged by others, and feel that their voices and perspectives are valued. THE ED CENTER The Jeffco Public Schools Education Center houses many of the district's administrative offices, including Human Relations, Communications Services, the Superintendent’s office, and the Board of Education. The Ed Center is located at: 1829 Denver West Drive #27 Golden, CO 80401 303-982-6500 Jeffco Thrives 2025 Jeffco Thrives 2025 is the Strategic Plan for Jeffco Public Schools. Built on an opportunity to move our district from good to great to extraordinary, Jeffco Thrives is focused on four priorities: •Our Learners. Our Future. •Our People. Our Strength. •Our Operations. Our Foundation. •Our Community. Our Legacy. VISION Our vision is for Jeffco Public Schools to be a thriving district where all students achieve their biggest dreams. MISSION Our mission is to provide a world-class education that prepares all Jeffco students for bright and successful futures as local and global citizens. VALUES Focus on Students: In Jeffco, we make decisions and measure outcomes based on how well we serve our students. We exist to help students succeed and act with intensity to give our students the education they need and deserve, today. Excellence: In Jeffco, we aspire to be a world-class school district which requires us to inspire one another to make an impact, focus on solutions, maximize our partnerships, and hold ourselves accountable for successful outcomes for all students. Equity: In Jeffco, not all students, staff and families are starting from the same place nor do they need the same things to reach their fullest ATTACHMENT 3 potential. We view individual differences as assets to be leveraged as we help all students thrive. Integrity: In Jeffco, acting with integrity creates honesty, trust, responsibility, and a spirit of transparency. It is a constant commitment to do the right thing for our students, staff, families, and community. Belonging: In Jeffco, we cultivate environments where all students, staff, families, and members of our community are safe, accepted, respected, included, encouraged by others, and feel that their voices and perspectives are valued. GOALS This is the work we will do from now until the end of the 2025-26 school year. Priority 1: Our Learners. Our Future. • Goal 1: All Jeffco students experience a culture of instructional excellence. • Goal 2: All Jeffco students have extraordinary student experiences that recognize their strengths, challenge them to improve, and support them to succeed. Priority 2: Our People. Our Strength. • Goal 1: A collaborative, inclusive team culture with high expectations for staff and student performance contributes to instructional excellence and extraordinary student experiences. Priority 3: Our Operations. Our Foundation. • Goal 1: Physical environments and operational services in Jeffco contribute to instructional excellence and extraordinary student experiences. • Goal 2: Jeffco’s resources are deployed strategically to ensure long- term sustainability. Priority 4: Our Community. Our Legacy. • Goal 1: Positive, mutually respectful and trusting connections with Jeffco families and our community partners to support student success. FRAMEWORK The Jeffco Thrives 2025 framework has four priority areas and six guiding focuses. The framework should be viewed through the lens of alignment to the district vision, mission and values statements, which have been revised by our Board of Education. MEASURES OF SUCCESS AND TARGETS How Jeffco is tracking progress made toward the goals. Our Learners, Our Future INSTRUCTIONAL EXCELLENCE • All students reading on grade level by 3rd grade. o 2023-24 school year target: The percentage of students who meet/exceed on CMAS ELA grade 3 will increase from 50% to 53% • Every 5th and 8th grade student will be proficient in mathematics. o 2023-24 school year target: The percentage of students who meet/exceed on CMAS Math grade 5 will increase from 41% to 43% AND the percentage of students who meet/exceed on CMAS Math grade 8 will increase from 43% to 46% • Ensure every 9th grade student remains on track to graduate by the end of freshman year with a minimum of 6 credits. o 2023-24 school year target: Define, vet and implement a process for high school staff to monitor key indicators (potentially including attendance, behavior, credit attainment, discipline, and transitions) and implement appropriate interventions in response. EXTRAORDINARY STUDENT EXPERIENCE • All students will graduate from Jeffco with the knowledge and skills needed for post-secondary life. • 2023-24 school year target: All students on track to demonstrate Postsecondary Workforce Readiness for at least one measure in reading, writing and communicating and one measure in mathematics by middle of 11th grade. Our People, Our Strength Team members align on common goals and on interpersonal norms that ensure success for both individuals and the group as a whole as measured by employee engagement survey with the ability to compare to similar organizations. Our Community, Our Legacy Annual surveys reflect that families and families have positive, mutually respectful and trusting connections with their schools. Monitoring Reports Provide the Board of Education with annual reports aligned to Board Ends and major policy areas. 2023-24 MAJOR INITIATIVES THAT SPAN ALL 4 PRIORITIES Major Initiative 1: Schools creating the conditions for student outcomes The work of the 2023-24 school year focuses on meeting our goals by creating a system-wide focus on student outcomes. NORMING ON INSTRUCTIONAL EXCELLENCE • Lesson internalization • Professional Learning Communities • Quality programming • Enrich middle school experiences • Leadership walks • Community Superintendent role • Thriving School Support Teams BUILDING A CULTURE OF TRUST AND BELONGING • Focus on Name, Strength, and Need • Implementation and use of the discipline matrix • Restorative practices • Mental health support • R1 safety, security, and emergency management • Student engagement and re-engagement ENSURING DATA LITERACY FOR ALL LEADERS • Creating conditions for leaders effective and efficient use of data • Competency development for sustainability PLANNING FOR HIGH SCHOOL REIMAGINED • Learner goals across all high schools • Resume of a Jeffco graduate • ICAP and counseling • Courses and credits • Policy barriers and accelerators Major Initiative 2: Central services in support of student outcomes The work of the 2023-24 school year requires organizing central services and resources to best support schools in their drive toward student outcomes. BUILDING A VALUES-BASED CULTURE • Developing a culture playbook for all district and school staff to use • Culture Champions • Thrives Leadership • Service-level metrics for operations services MODERNIZING BUSINESS PROCESSES AND SYSTEMS • Enterprise Resource Planning (ERP) • HR Partners • Compensation • Transportation • Data platforms, products, operations, and governance ALIGNING 2018 BOND AND OVERALL CAPITAL IMPROVEMENT PROGRAM (CIP) • CIP financial accounting • Facility master planning • Boundary study and property disposition ORGANIZING TO MAXIMIZE DISTRICT, FAMILY, AND COMMUNITY PARTNERSHIP • Family Response Service Team (FRST) • Ensuring financial sustainability • Regional Opportunities For Thriving Schools (ROFTS) Phase II • Additional funding mechanisms (MLO) Item No. 2 Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager Marianne Schilling, Assistant City Manager FROM: Cole Haselip, Management Analyst DATE: April 1, 2024 SUBJECT: 2023 Boards and Commissions Annual Report ISSUE: Staff has completed the first Boards and Commissions Annual Report. This report details the achievements of each public body included in the report through the 2023 calendar year, anticipated activities in 2024, and provides information regarding the members of each public body. Staff has also prepared a presentation to accompany the delivery of the report. PRIOR ACTION: The City Council requested that staff prepare an annual report detailing the activities of the City’s boards and commissions at the August 7, 2023, Study Session. FINANCIAL IMPACT: None. BACKGROUND: This development of the first Boards and Commissions Annual Report was a collaborative, cross-department effort, involving the staff liaison to each board, commission, committee, and authority included within. A testament to the community’s willingness to contribute toward the next chapter of Wheat Ridge, these public bodies are comprised of approximately 70 volunteers from across the City. This report aims to acknowledge the significance of their hard work by providing insight into the accomplishments of each public body in 2023 and outlining some of the key issues they anticipate addressing in 2024. Enclosed within the report is a description of nine public bodies, each committed to addressing unique issues. Some engage in quasi-judicial land-use and building decisions, while others provide recommendations to staff or the City Council. Certain public bodies allocate grants to community partners or organize community events. Some engage in a combination of each of these activities. Enhanced by the diversity of their focus areas and roles within City processes, the value of these bodies, their dedicated volunteers, and the staff that support them are indispensable to the City’s success. The report features all the City’s Boards and Commissions, Hybrid (Staff and Council-Selected) and Council-Selected Committees, and the Liquor Licensing Authority. The staff liaisons to the public bodies featured in the report will be presenting to City Council over the course of two study sessions. Half of the staff liaisons will present at the April 1, 2024, study session, with the remaining half scheduled for the May 6, 2024 study session. April 1 Presentations: • Community Partners Grant Program • Board of Adjustment • Building Code Advisory Board • Planning Commission • Sustainable Wheat Ridge May 6 Presentations: • Election Commission • Liquor Licensing Authority • Parks and Recreation Commission • Cultural Commission These presentations are designed to complement the report by addressing potential questions and facilitating conversation. The respective members of the public bodies being showcased have been invited to attend each presentation and will be available for questions as well. RECOMMENDATIONS: None. ATTACHMENTS: 1. 2023 Boards and Commissions Annual Report ATTACHMENT 1 2023 Boards and Commissions Annual Report City staff is excited to present the first Boards and Commissions Annual Report. This project was a collaborative, cross-department effort, involving the staff liaison to each board, commission, committee, and authority included within. A testament to the community’s willingness to contribute toward the next chapter of Wheat Ridge, these public bodies are comprised of approximately 70 volunteers from across the City. This report aims to acknowledge the significance of their hard work by providing insight into the accomplishments of each public body in 2023 and outlining some of the key issues they anticipate addressing in 2024. Enclosed within is a description of 9 public bodies, each committed to addressing unique issues. Some engage in quasi-judicial land-use and building decisions, while others provide recommendations to staff or the City Council. Certain public bodies allocate grants to community partners or organize community events. Some engage in a combination of each of these activities. Enhanced by the diversity of their focus areas and roles within City processes, the value of these bodies, their dedicated volunteers, and the staff that support them are indispensable to the City’s success. This report features all the City’s Boards and Commissions, Hybrid (Staff and Council-Selected) and Council-Selected Committees, and the Liquor Licensing Authority. These bodies, and those that are similar will be included in the annual report moving forward. Beginning March 1, 2024, the City has implemented term limits for public bodies. Members will become term limited after serving two consecutive three-year terms. The only exception is the Election Commission. Due to its unique function, members will become term limited after serving three consecutive two-year terms. The pages for each public body include a table listing member names, member positions, terms served, and the expiration date of their current term. Accompanying each member, you will see a “0” for terms served beginning March 1, 2024. This is because the City has only just begun tracking “terms served”. This column will be updated accordingly in the future. If members of the public are interested in serving on one (or more) of these public bodies, they should apply by visiting the City’s website. Table of Contents Community Partners Grant Program Committee ………………………...1 Building Code Advisory Board …………………………………………..2 Board of Adjustment ……………………………….…………………….3 Planning Commission ………………………………………….…....……4 Sustainable Wheat Ridge …………………………………………………6 Election Commission …………………………………………………......8 Liquor Licensing Authority …………………………………………........9 Parks and Recreation Commission ………………………………...……11 Cultural Commission …………………………………………………....13 Community Partners Grant Program Committee MI S S I O N The Community Partners Grant Program (CPGP) is a City-sponsored grant program that supports area non-profit agencies and programs that benefit and improve the health and wellness of Wheat Ridge residents. The CPGP Committee reviews all applications to the program and presents its award recommendations to the City Council for approval. 20 2 3 AC H I E V E M E N T S The CPGP Committee reviewed applications and presentations from 26 different community organizations, reflecting $284,330 in funding requests. This marks an increase of three applicants and $101,700 in funding requests compared to the previous year. After analyzing funding requests from each organization, the Committee recommended awarding $200,000 to community partners in the 2024 City Budget. That represents an increase of $40,000 compared to last year. 20 2 4 UP C O M I N G The CPGP is introducing new contracting and reporting requirements for 2024 recipients. To support this transition moving forward, recipient training, example materials, and updates to the CPGP application will be developed and implemented. CO M M I S S I O N M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Jerry DiTullio I 0 3/2/2024 Geneva Fox I 0 3/2/2025 Brooke Allison II 0 3/2/2024 Dan Graeve II 0 3/2/2025 Stephanie Thanner III 0 3/2/2025 Diana Lopez III 0 3/2/2025 Alexander Goldsmith IV 0 3/2/2025 Vacant IV 0 3/2/2024 2023 BOARDS, COMMISSIONS, & VOLUNTEERS BBQ JOIN THE COMMITTEE 1 Building Code Advisory Board MI S S I O N The Building Code Advisory Board (BCAB) has the authority to review appeals of the decisions and determinations of the Chief Building Official (CBO). In this capacity, they make decisions regarding code interpretations, contractor license suspensions, and the suitability of alternate building materials and methods of construction. 20 2 3 AC H I E V E M E N T S There were no appeals filed in 2023, and therefore no meetings of the BCAB. 20 2 4 UP C O M I N G The BCAB will serve in an advisory capacity in 2024 as part of the City’s adoption of updated building codes. BO A R D M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Al Gallo I 0 3/2/2026 Jason McCullough II 0 3/2/2025 Ronald Abo III 0 3/2/2024 John Kellow IV 0 3/2/2024 Nathan Hoppe At-Large 0 3/2/2026 AERIAL VIEW OF CLEAR CREEK CROSSING FEATURING SEVERAL SITES UNDER CONSTRUCTION AS OF LATE 2023 CONVERSION OF HOWARD JOHNSON HOTEL TO TABOR LAKE APARTMENTS COMPLETED IN 2023 2 Board of Adjustment MI S S I O N The Board of Adjustment has the authority to review and make quasi-judicial decisions on requests for variances and waivers related to the City’s Zoning Ordinance and Sign Code. The Board can also make official interpretations of these regulations. 20 2 3 AC H I E V E M E N T S The Board met just once in 2023 to amend their Bylaws. The Board typically reviews variances or waivers from the strict application of measurable standards, such as building setbacks, greater than 50%. Variances are meant for unique sites with steep slopes or unusually shaped lots that cannot accommodate a traditional building. Because of that, very few variances are heard by the Board. BO A R D M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Dan Bradford I 0 3/2/2024 Betty Jo Page I 0 3/2/2025 Thomas Burney II 0 3/2/2025 Larry Richmond At-Large/II 0 3/2/2026 Laura Sicard III 0 3/2/2026 Michael Griffeth At-Large/III 0 3/2/2024 Jesse Pearlman IV 0 3/2/2024 Paul Hovland IV 0 3/2/2026 Alastair Huber At-Large 0 3/2/2025 Andre Amoor At-Large 0 3/2/2025 Andy Sulak At-Large 0 3/2/2026 20 2 4 UP C O M I N G There are currently no items for upcoming meeting agendas. EXAMPLE OF A VERY NARROW LOT EXAMPLE OF AN UNIQUELY SHAPED LOT 2023 BOARDS, COMMISSIONS, & VOLUNTEERS BBQ 3 Planning Commission MI S S I O N To develop, amend, and implement a land use master plan for the physical, economic, and social development of the City of Wheat Ridge. The Planning Commission is also a quasi-judicial body responsible for making recommendations to the City Council regarding certain types of land use cases such as rezonings and planned developments. Furthermore, the Commission makes recommendations to the City Council on all amendments to the City’s Municipal Code: Chapter 26 – Zoning and Development. 20 2 3 A C H I E V E M E N T S In 2023, the Commission heard a variety of cases including: •Two Specific Development Plans •Six zone changes •One major subdivision •Adoption of the 44th Avenue Subarea Plan •Code ordinances including: o Requirements for dedication of public parks and sites o Subdivision regulations o Requirements for mixed use zone districts o Parking requirements for deed-restricted affordable housing o Regulations for childcare facilities o Amendments to the hotel licensing program o Amendments to the billboard regulations In most cases, the Commission makes recommendations to the City Council. ZONING MAP NEW MEDICAL OFFICE BUILDING 4 Planning Commission 20 2 4 U P C O M I N G The Commission will be informed and involved throughout the new City Plan process which is expected to continue through mid-2025. They will also consider electric vehicle and bicycle parking and storage ordinances in the first quarter of 2024. CO M M I S S I O N M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Jerry DiTullio I 0 3/2/2024 Jonathan Schelke I 0 3/2/2025 Julianne Stern II 0 3/2/2025 Kristine Disney II 0 3/2/2026 Patrick Quinn III 0 3/2/2025 Will Kerns III 0 3/2/2025 Janet Leo IV 0 3/2/2024 OPEN SEAT 0 3/2/2026 /// SPECIFIC DEVELOPMENT PLAN CODE CHANGES 5 Sustainable Wheat Ridge MI S S I O N To advise the City of Wheat Ridge on matters pertaining to environmental sustainability and promote sustainability programs to residents and businesses within the City of Wheat Ridge through engagement and outreach. 20 2 3 A C H I E V E M E N T S •Earth Day and Mayor’s Monarch Pledge Proclamations. •Onboarded three new Sustainable Wheat Ridge committee members. •Worked with the Planning Dept. to present waterwise landscaping, programming, and EV parking regulations to the City Council •Selected and onboarded a consultant for the Residential Waste Engagement Project, kicked off project, and hosted an open house with 56 attendees. •Hosted two e-waste recycling events (6,072 lbs. recycled total), a paint recycling event (26,336 lbs. recycled), and a yard waste compost weekend (21,287 lbs. composted) with a total of 528 attendees across all events. •Mentored a Wheat Ridge 102 group focusing on green business, with a plan to implement a green business program in 2024. •Awarded Charge Ahead Colorado grant for 2 Level II EV chargers at Anderson Park and a State of Colorado grant to implement residential turf-replacement programming in 2024. •Presented the annual Green Business Award to The Craft Box. •Air quality monitors installed at Rec Center and Panorama Park. •The Sustainable Neighborhoods Program held 21 events attended by 1,249 total residents. PAINT RECYCLING EVENT YARD WASTE COMPOST WEEKEND 6 Sustainable Wheat Ridge 20 2 4 U P C O M I N G •Expand water conservation programming to offer new sprinkler audit discounts and discounts for residential turf replacement. •Continue to pursue grant funding and new programming. •Wrap up the Residential Waste Engagement project in Fall 2024 and assess next steps. •Complete the first update to the Sustainability Action Plan. •Continue to support the Sustainable Neighborhoods program and other ongoing programming including Mayor’s Monarch Pledge, Fresh Food Connect, and Garden In A Box. •Apply to join the Colorado Green Business Program, launch program in Wheat Ridge, and start piloting businesses. •Host annual events including yard waste composing, paint recycling, e-waste, and hazardous household waste events. CO M M I T T E E M E M B E R S COMMITTEE MEMBER District TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE April Nowak I 0 3/2/2024 Rachel Boothe II 0 3/2/2025 Betsy Coppock III 0 3/2/2024 Brittany Guimond IV 0 3/2/2025 Amy DePierre At-Large 0 3/2/2026 Joy Opp At-Large 0 3/2/2026 Karen Berry At-Large 0 3/2/2025 Kelly Blynn At-Large 0 3/2/2024 Mark De La Torre At-Large 0 3/2/2024 Michaela Butler At-Large 0 3/2/2026 Montana Stevenson At-Large 0 3/2/2025 Rob Robinson At-Large 0 3/2/2026 Rachel Hultin Councilor 0 3/2/2026 SUSTAINABLE NEIGHBORHOODS EASTER EGG HUNT AND NATIVE GRASS SEED SPREADING EVENT SUSTAINABLE NEIGHBORHOODS ZERO WASTE CHILI COOKOFF 7 Election Commission MI S S I O N The Election Commission develops procedures to establish proof or residency when it is in question, determines the winner of an election by lot in the event of a tie vote, and advises on general voting matters. 20 2 3 AC H I E V E M E N T S The Election Commission did not meet in 2023. The Election Commission only meets when there is an election dispute and there was none in 2023. 20 2 4 UP C O M I N G The Election Commission will meet if there is an election dispute. CO M M I S S I O N ME M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE* Sunny Garcia At-Large 0 12/11/2023 Wanda Sang At-Large 0 12/11/2023 Steve Kirkpatrick City Clerk 0 11/2/2027 * Election Commission terms expire at the end of a calendar year to better align with election cycles. TEAM WHEAT RIDGE AT 2023 CARNATION FESTIVAL VOTE PIN 8 Liquor Licensing Authority MI S S I O N The Liquor Licensing Authority is a quasi-judicial body that promotes the health, safety, and welfare of present and future Wheat Ridge community members by regulating, controlling, and licensing the sale of alcohol beverages. 20 2 3 A C H I E V E M E N T S Hotel and Restaurant Liquor Licenses: Little Brazil, Illegal Pete’s, First Watch, 3rd Shot Pickleball, Rossi’s Italian Eatery New Beer and Wine Licenses: Wolf and Wildflower and Silver Oil Modification of Premises: Grammy’s Goodies, DiFeo’s Tavern, King Soopers, Safeway, Wheat Ridge Lanes, Hoppers Sports Grill, Clancy’s, New Resolutions: Waive the application fees for Special Event liquor permits to non- profit 501c3 organizations. Training: Liquor Licensing Authority members took and passed a State Liquor Enforcement Division approved on-premises consumption server/seller training class and received certifications through the program. 3rd SHOT INDOOR PICKLEBALL COURTS INCREASED WINE SALES @ CIRCLE K 9 Liquor Licensing Authority 20 2 4 UP C O M I N G •New Hotel Restaurant applications for TBirds Roadhouse, and others that will be located at Clear Creek Crossing •New Lodging and Entertainment liquor license applications for Life Time Fitness, and others that will be located at Clear Creek Crossing •Vote for new Board Chair and Vice Chair •Schedule liquor licensed facility field trips for authority members and staff. •Recertification of authority members and staff for State Liquor Enforcement Division Approved Off Premises Server and Seller Training. AU T H O R I T Y M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Brian Rollo I 0 3/2/2024 Morgan Richards I 0 3/2/2025 Juanita Stites II 0 3/2/2024 Edward Volk III 0 3/2/2024 Anthony Romano III 0 3/2/2025 Lenny Ortiz III 0 3/2/2025 Clarence Fullard IV 0 3/2/2024 Cynthia Shaw IV 0 3/2/2025 NEW IMAGE BREWING VINTNERS RESTAURANT NEW K&G BEER & WINE COOLER 10 Parks and Recreation Commission MI S S I O N The Parks and Recreation Commission regularly consults with the Parks and Recreation Director, acts as a liaison between the community and the Parks and Recreation Department, and makes recommendations on related matters to staff and the City Council. 20 2 3 A C H I E V E M E N T S • Participated in a prioritization exercise and provided feedback on the Open Space Management Plan update, adopted by City Council in May of 2023. • Drafted letters of support for various grant applications (State Historic Fund, Great Outdoors Colorado, CDOT’s Transportation Alternatives Program, and more). • Participated in a Leave No Trace workshop, led by the City’s environmental interpreter. • Provided feedback on a playground proposal associated with the Metropolitan Football Stadium District funding. • Took part in an annual Wheat Ridge Parks tour, specifically visiting current and future project sites. • Reviewed and provided feedback on proposed changes to the Boards and Commissions Code. • Discussed capital projects funded in the 2024 budget. • Represented the Parks & Recreation Commission at the following events: o Food Forest Dedication/Arbor Day Celebration o National Public Lands Day o Tapas & Topics – Jeffco Senior Collaboration o Annual Boards & Commissions Celebration o Nature Playground Ribbon Cutting LEAVE NO TRACE SPOTLIGHT EVENT FOOD FOREST DEDICATION 11 Parks and Recreation Commission 20 2 4 U P C O M I N G • Planning to participating in the Parks & Recreation Master Plan update in 2024 and 2025, championing the efforts and encouraging participation from friends and neighbors. • Prepared to implement newly updated bylaws and other board/commission changes. • Interested in observing numerous park projects come to fruition. • Committed to continue supporting various grant efforts. • Interested in hearing from this year’s School of Mines students, studying Creekside Park hill stabilization. • Looking toward participating in upcoming City events, ribbon cuttings, volunteer opportunities, etc. CO M M I S S I O N M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Cambria Rollo I 0 3/2/2024 Ralph Habben I 0 3/2/2025 Karen Stanley II 0 3/2/2024 Christine Samaniuk II 0 3/2/2026 Kathy Koniz III 0 3/2/2024 Mark Doody III 0 3/2/2026 Andrew Rasmussen IV 0 3/2/2026 Pat Cervera IV 0 3/2/2026 NATURE-THEMED PLAYGROUND AT ANDERSON PARK NATIONAL PUBLIC LANDS DAY 12 Cultural Commission MI S S I O N The Cultural Commission works to promote artistic endeavors within the City by encouraging an appreciation for arts and culture, developing, and recommending cultural programming to the City Council, and seeking community input and advice on the management of public art. 20 2 3 A C H I E V E M E N T S • Established 3 Pillars of the Cultural Commission: Programming, Grants Programs, and Connectivity. • The 2023 Cultural Commission Business Award was presented to The Wheat Ridge Theatre Company. Artcentric and All Sacred Tattoo were runners up. • Sponsored Performance in the Park: Commissioners attended concerts and distributed sidewalk chalk and custom bilingual coloring books. • Marched in the Carnation Festival Parade and distributed sidewalk chalk, custom coloring books, and crayons. • Sponsored the Carnation Festival Commemorative Plate design contest. • Hosted the Inaugural Community Outreach mixer at Clancy’s with over 50 creatives in attendance. • Partnered with the Active Adult Center to decorate their new Little Free Library. • Hosted a matinee performance of The Christmas Cactus by the Wheat Ridge Theatre Company. This event provided the community with free access to theater and promoted a local company. • Provided letters of support for various causes. • Supported applications for a USDA Urban Forestry Grant Program and a State Historical Fund Competitive General Grant. • Sponsored projects including the chalk at Ridgefest, Colorado Folk Arts Council’s International Heritage Festival and Oktoberfest, and Wheat Ridge Theatre Company’s Pride Parade float. Additional grants provided art supplies to Sobesky Academy and Everitt Middle School programs. CARNATION FESTIVAL PARADE CULTURAL COMMISSIONERS 13 Cultural Commission 20 2 4 U P C O M I N G • Winter and Summer Art Drop Programs • Ongoing Sponsorships • Pursuing opportunities to partner with Parks and Rec on more activities. • Enhance social media presence and communication channels. CO M M I S S I O N M E M B E R S COMMITTEE MEMBER DISTRICT TERMS SERVED SINCE MARCH 1, 2024 TERM EXPIRATION DATE Celia Daly I 0 3/2/2024 Kathleen Martell I 0 3/2/2026 Beth Kelley II 0 3/2/2024 Stephanie Taylor II 0 3/2/2026 Kathy Plummer III 0 3/2/2026 Teresa Linder III 0 3/2/2026 Brendan Kelley IV 0 3/2/2024 Lindsey Burney IV 0 3/2/2026 Liz Hurlburt At-Large 0 3/2/2024 COMMISSIONERS AT PERFORMANCE IN THE PARK COMMUNITY GATHERING 14 Item No. 3 Memorandum TO: Mayor and City Council THRU: Patrick Goff, City Manager FROM: Margy Greer, Sr. Deputy City Clerk Joseph Rivera, City Attorney Allison Scheck, Deputy City Manager DATE: March 22, 2024 (for Study Session April 1, 2024) SUBJECT: Liquor Licensing Authority ISSUE: The City has an eight-member, Council appointed Liquor Licensing Authority (LLA) that is vested with the authority to grant and refuse liquor licenses and other types of applications and permits, and hold show cause hearings for alleged violations, all in the manner provided by law. Over the past few years, the eight-member board has struggled at times to reach a quorum, delaying Wheat Ridge businesses from obtaining licenses or permits in a timely manner. Council may consider appointing an Administrative Hearing Officer (AHO) in place of the eight- member board, as is becoming more standard across the Denver metro area. PRIOR ACTION: On February 26, 2024, Council passed emergency ordinance 1790 authorizing an AHO as the Authority in place of the eight-member board in the event a quorum cannot be achieved in order that business can continue. The ordinance also stipulates that the City Manager bring information to the Council for further discussion at a future study session. FINANCIAL IMPACT: Significant staff time is spent working to prepare for LLA meetings and member preparation. The City spends an average of $2,500 per month on attorney fees related to liquor and City Clerk’s Office matters. Should Council desire to appoint an AHO in place of the current LLA, savings in attorney time spent working with the LLA may offset the cost of the AHO. BACKGROUND: Current Liquor Licensing Authority The LLA is a quasi-judicial board comprised of 8 members: two from each of the City’s four districts. This board is responsible for licensing liquor establishments in the city and for conducting show cause hearings for alleged liquor license violations. The board is vested with the authority to grant and refuse licenses and special permits, approve, and deny applications for renewal and Staff Report: Liquor Licensing Authority April 1, 2024 Page 2 transfer of licenses for the sale of retail malt, vinous, or spiritous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. The LLA has regularly scheduled bimonthly meetings that are canceled if no matters are due to come forward. The City Attorney and a staff liaison attend each meeting to advise and provide information to the board. Law Governing Liquor in Wheat Ridge The City Council conveyed to the LLA its authority to apply the state liquor code, C.R.S. title 44, articles 3, 4, and 5. The LLA holds the authority (1) to grant and refuse licenses and special permits and (2) to approve or deny changes to existing liquor applications and (3) to hold hearings to determine whether a licensee violated the state liquor code and, if so, issue sanctions for the violations. The law affords the LLA wide discretion in making these types of decisions. All decisions of the LLA are final, subject only to appeal to the state district court. City’s liquor license holders are also subject to state licensing requirements. Current Challenges The current structure presents challenges that impact the business community and risk liability for the City. The challenges include: • Board membership and attendance – there are routinely vacancies on this board (currently three vacancies, meaning the seated members must all be present to reach a quorum) and there are frequently attendance issues with board members. This impacts the business community by delaying the approval of licenses. On one occasion, an applicant drove in from a different state only to find the hearing continued for lack of a quorum. Last minute continuances are inefficient and frustrating for all parties, particularly the applicant. • Complex liquor law – the state liquor code is complex, and the board relies primarily on the City Attorney for instruction and interpretation. The liquor laws, rules and regulations are not easy for board members to learn, absorb, comprehend, and apply. Administrative Hearing Office Model Many municipalities in Colorado have moved to a model of governance where an Administrative Hearing Officer (AHO) acts as the Liquor Licensing Authority and approves or denies licenses, holds show cause hearings, approves administrative policies and holds appeal hearings for administrative decisions. Cities using this model include: Arvada (in process) Centennial Federal Heights Greeley Aurora Colorado Springs Firestone Lafayette Brighton Commerce City Fort Collins Lakewood Castle Rock Denver Golden Lone Tree Longmont Loveland Sheridan Windsor The AHO, according to Wheat Ridge Code of Laws Sec. 2-88, must be an attorney licensed to practice law in the State of Colorado with a minimum of three (3) years’ experience. The City uses AHO’s to hear appeals with adverse actions in licensing matters including massage, hotel and Staff Report: Liquor Licensing Authority April 1, 2024 Page 3 tobacco retailing. Should the Council desire to move the LLA to an AHO, staff would work to find an AHO familiar with liquor law so that the authority is placed in a qualified and trained individual, reducing liability for the City. With the AHO as the LLA, hearings would be scheduled on a monthly basis and canceled if no applications or cases are pending. Staff would work with the AHO to define a division of responsibilities through policy, an example of which follows, which will create for more efficient processes for businesses and complies with state law. Liquor Licensing Authority (AHO) Approval City Clerk’s Office Approval New applications Renewals Show Cause Hearings Transfers of Ownership Applications for Change in Location Temporary Permits Appeal Hearings for Administrative Decisions Modification of Premises Policies Special Event Permits/Temporary Permits Approve Subpoenas Issue Subpoenas Inspections Overall, the AHO model creates a business-friendly environment through efficiency and expertise that aligns with the State of Colorado processes. It will significantly reduce staff time spent on preparing for LLA meetings and places authority for administrative items with staff. Staff Recommendation Moving to an AHO model for the LLA is the staff’s recommendation. Staff recommends that Council require a review of this new model after one year to determine efficacy, efficiency, and results. Proposed Ordinance Council is presented with a draft ordinance that amends Chapter 11 of the Wheat Ridge Code of Laws as follows: • Broadens the definition of “investigator” to include Community Service Officers – this provides the opportunity for the new Compliance Officer to assist with routine licensing issues that are not criminal in nature • Designates an AHO, appointed by Council, as the LLA • Designates City Council as the LLA in the event an AHO is not available • Transfer back to the City Council the authority to set licensing fees. RECOMMENDATIONS: The City Clerk and staff request direction from Council as to the designation of an AHO as the LLA and feedback on the proposed ordinance. ATTACHMENTS: 1. Draft ordinance amending Wheat Ridge Code of Laws concerning composition of the Wheat Ridge Liquor Authority CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. _______ ORDINANCE NO. _________ Series 2024 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 11-52.5, 11-53, 11-53.5, 11-55, AND 11-56 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE COMPOSITION OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH 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. § 44-3-101 et seq., C.R.S. § 44-4-101 et seq., and C.R.S. § 44-5-101 et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the creation of a local liquor licensing authority; and WHEREAS, the Council has previously exercised this authority by enacting Article III of Chapter 11 of the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, the City’s local liquor licensing authority is currently composed of eight citizens appointed by City Council; and WHEREAS, the Council and City staff have found it difficult to find citizens interested in serving on the local liquor licensing authority; and WHEREAS, on February 26, 2024, the Council adopted Ordinance No. 1780, series 2024, an emergency ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters; and WHEREAS, to increase efficiency, reduce legal risk, save costs, and facilitate more timely hearings for licensees, the Council finds that it is in the City’s best interest to transition from a citizen board to a hearing officer. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-51. - Definitions. ATTACHMENT 1 The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol beverage means fermented malt beverages or malt, vinous, or spirituous liquors; except that alcohol beverage shall not include confectionery containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II). Applicant means and includes: (1) If an individual, or a husband and wife, that person or persons making an application for a license; (2) If a partnership, all partners, any officers, and any members owning ten (10) percent or more interest in the partnership; (3) If a corporation, the president, vice-president, secretary, treasurer, directors, managing officer, and each stockholder owning ten (10) percent or more of the stock of the corporation; and (4) If an association, organization, or company not listed above, its officers, directors, and any of its members owning ten (10) percent or more interest therein. Authority or licensing authority means the liquor licensing authority of the city. Entertainment facility means an establishment the primary business of which is to provide the public with sports or entertainment activities within its licensed premises and incidentally may sell and serve alcohol beverages at retail for on- premises consumption and has sandwiches and light snacks available. Fermented malt beverage means beer and any other beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not less than one-half of one (0.5) percent alcohol by volume. Immediate family means spouse, mother, father, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, or sisters-in-law. Investigator means a member of the Wheat Ridge Police Department OR A COMMUNITY SERVICE OFFICER AS PROVIDED BY SECTION 2-33. Lodging facility means an establishment the primary business of which is to provide the public with sleeping rooms and meeting facilities and incidentally may sell and serve alcohol beverages at retail for on-premises consumption and has sandwiches and light snacks available, but does not include a restaurant as defined in C.R.S. § 44-3-103 or an eating establishment as defined in the Wheat Ridge City Code. Malt liquors includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof, in water, containing not less than one-half of one (0.5) percent alcohol by volume. Manager includes the person or those persons who manage, direct, supervise, oversee, and administer the acts, transactions and acts of servants of the establishments governed by this chapter. Medicinal liquors mean any liquor sold by a duly licensed pharmacist or drugstore solely on a bona fide doctor's prescription. Operator means a person licensed by law to sell fermented malt beverages or malt, vinous, or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation in the city. Spirituous liquors mean any alcohol beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one (0.5) percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in this section, shall not be construed to be fermented malt or malt or vinous liquor, but shall be construed to be spirituous liquor. Vinous liquors mean wines, including sake, and fortified wines that: (1) Contain not less than one-half of one (0.5) percent and not more than twenty-one (21) percent alcohol by volume; and (2) Are produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. All other words and phrases used in this chapter shall have the meanings attached by the Colorado Statutes regulating the sale of alcohol beverages, or if not otherwise defined by law, as used in their common, ordinary, and accepted sense and meaning. Section 2. Section 11-52.5 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-52.5. - Liquor licensing authority established. (a) There is established a liquor licensing authority, which shall have and is vested with the authority to grant and refuse licenses and special permits, and to approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. The licensing authority shall have all the powers of the licensing authority set forth in C.R.S. title 44, articles 3, 4, and 5. (b) The licensing authority for the City of Wheat Ridge shall BE ANY ADMINISTRATIVE HEARING OFFICER THAT SATSIFIES THE REQUIREMENTS OF CODE SECTION 2-87. THE ADMINISTRATIVE HEARING OFFICERS SHALL BE APPOINTED BY THE CITY MANAGER AND SHALL SERVE AN INDEFINITE TERM AT THE DISCRETION OF THE CITY MANAGER. IN THE EVENT THAT NONE OF THE ADMINISTRATIVE HEARING OFFICERS ARE AVAILABLE, THE CITY COUNCIL SHALL SERVE AS THE LICENSING AUTHORITY. consist of eight (8) qualified electors of the city, two (2) from each of the four (4) council districts of the city, who shall be appointed by the city council. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on the liquor licensing authority, 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 liquor licensing authority. In order to stagger the terms of the licensing authority members, one (1) of the first two (2) members representing each council district shall be appointed for a three-year term and one (1) shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for three-year terms. (c) A quorum of the licensing authority shall consist of five (5) voting members, and a decision of a majority of the quorum present shall control. (Cd) All decisions of the licensing authority are final, subject only to appeal to a court of competent jurisdiction. (e) No person shall serve or continue to serve as a member of the licensing authority who is or becomes a member of the Wheat Ridge City Council except during any period of time where the council is acting in the role of the licensing authority as provided in subsection (k). (f) No person shall serve or continue to serve as a member of the licensing authority who has or obtains any financial interest, including employment, in the operation of any business which is issued a license relating to fermented malt beverages or alcoholic beverages pursuant to C.R.S. title 44, articles 3, 4, and 5, or who has a member of his or her immediate family who has or subsequently obtains such an interest or employment in any such business in the City of Wheat Ridge. (g) All members of the licensing authority must complete a course or class of training approved by the city in the laws and regulations governing alcohol beverage sales before becoming a voting member on the licensing authority. (h) No person shall be eligible for appointment or continue to serve as a member of the licensing authority who has been convicted within the seven (7) years preceding such appointment of driving under the influence of alcohol or drugs, driving while impaired by the influence of alcohol or drugs, or any alcohol or drug related offense, or any violation of C.R.S. title 44, articles 3, 4, and 5 or the regulations adopted thereunder, or any violation of this article. The City of Wheat Ridge Police Department shall run a criminal record background check on all licensing authority appointees. (i) Any member of the licensing authority may be removed for cause by a majority vote of the entire city council. The attendance rules for members of boards or commissioners set forth in section 2-53(e) of this Code shall also apply to members of the licensing authority. (j) Any vacancy occurring on the licensing authority for any reason shall be filled for the unexpired term by the city council in accordance with city council polices of filling positions on boards and commissions. (k) In the event four (4) vacancies exist simultaneously on the licensing authority, and there are matters scheduled for consideration before the licensing authority, the city council shall act as the licensing authority until a quorum of the licensing authority is reconstituted by filling vacancies in accordance with this section. (Dl) Members of the THE licensing authority shall receive no compensation for their service AT A RATE TO BE DETERMINED BY THE CITY MANAGER however, any necessary expenditures incurred in the performance of their duties shall be reimbursed by the city as determined by the city council as part of the budget process. (m) The licensing authority shall annually elect a chair from its number. The chair, or person serving on the licensing authority designated by the chair to serve as acting chair in the chair's absence, shall preside over all hearings and proceedings of the authority. (En) The city attorney and the office of the city clerk shall act in an advisory capacity to the licensing authority. THE CITY ATTORNEY SHALL ACT AS PROSECUTOR OF ALL LIQUOR CODE VIOLATIONS, UPON THE JUDGMENT OF THE CITY ATTORNEY OR WHEN AN INVESTIGATOR IS NOT AVAILABLE. AT THE DIRECTION OF THE LIQUOR AUTHORITY AND AS THE BUSINESS NEED ARISES, THE CITY CLERK’S OFFICE SHALL PROMULGATE POLICIES AND REGULATIONS, WHICH MAY BE APPROVED, REVISED, OR DENIED BY THE LICENSING AUTHORITY. THE LICENSING AUTHORITY IS ENCOURAGED TO DELEGATE TO THE CITY CLERK’S OFFICE THE ADMINISTRATIVE AUTHORITY TO MAKE LICENSING DECISIONS WHERE SUCH A DELEGATION SERVES THE PUBLIC INTEREST, RESULTS IN MORE EFFICIENT BUSINESS PROCESSES, IS IN ACCORD WITH THE APPLICABLE LAW AND SATISFIES DUE PROCESS PROTECTIONS. THE CITY COUNCIL SHALL ESTABLISH THE APPLICABLE FEE SCHEDULE. Section 3. Section 11-53 of the Wheat Ridge Code of Laws is amended by the deletion of subsection (c) to read as follows: Sec. 11-53. - Governance by state laws, rules, and regulations. (a) The licensing authority shall be governed by state law now in effect or subsequently amended and the rules and regulations of the Executive Director of the Department of Revenue of the State of Colorado, as the state licensing authority, which shall apply to the licensing of fermented malt beverages and malt, vinous and spirituous liquors within the city, where applicable. In the event of a conflict between such and any provisions set forth in this chapter, the more restrictive requirement shall prevail. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) prohibiting the sale of alcohol beverages within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, distillery pub licenses, arts licenses, lodging and entertainment licenses, and vintner's restaurant licenses issued pursuant to this article. (c) Within five (5) days of receipt of a notice of application for a liquor sales room, pursuant to Department of Revenue Regulation 47-428, the local licensing authority shall refer the notice to the director of community development for comment. Section 4. Section 11-53.5(d) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-53.5. - Issuance and enforcement of subpoenas. (a) Definitions. For purposes of this section, the following terms are defined: ... (d) Failure by any person without adequate excuse to obey a subpoena served upon THEMhim may be found in contempt of the liquor licensing authority. Such contempt shall constitute a violation of this Code and, upon conviction thereof, shall be subject to the penalties set forth in section 1-5 of this Code. Section 5. Section 11-55 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (e) to read as follows: Sec. 11-55. - Fine in lieu of suspension. (a) Whenever a decision of the licensing authority suspending a license for fourteen (14) days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension or such earlier date as the licensing authority may designate in its decision, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. The licensing authority may, in its sole discretion, stay the proposed suspension in part or in whole and grant the petition if it finds, after any investigation that it deems desirable, that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purpose; and (2) The books and records of the licensee are kept in such a manner that the loss of sales during the proposed suspension can be determined with reasonable accuracy therefrom; and (3) The licensee has not had its license suspended or revoked nor had any suspension stayed by payment of a fine during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license. (b) Payment of any fine shall be in the form of cash, a certified check or a cashier's check payable to the CITY OF WHEAT RIDGE licensing authority. Such fine shall be paid into the general fund of the city. THE LICENSEE SHALL REIMBURSE THE CITY FOR ALL REASONABLE COSTS RESULTING FROM THE APPLICATION OF THIS SECTION. (c) The licensing authority may grant such conditional or temporary stays as are necessary for it to complete its investigations, to make its findings as specified in subsection (a) above, and to grant a permanent stay of the entire or part of the suspension. If no permanent stay is granted, the suspension shall go into effect on the operative date finally set by the licensing authority. (d) In this section "fine" means a form of discipline imposed pursuant to this article in lieu of a suspension. Any fine shall be the equivalent of twenty (20) percent of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension, except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). Section 5. Section 11-56(c)(2) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-56. - Alcohol beverage tastings. (a) Subject to the limitations of this section, alcohol beverage tastings are permitted... (c) Tastings are subject to the following limitations: (1) Tastings shall be conducted only: a. By a person who: has completed a server training program that meets the standards established by the liquor enforcement division in the department and is a retail liquor store or a liquor-licensed drugstore licensee, or a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant promoting the alcohol beverages for the tasting; and b. On a licensee's licensed premises. (2) The alcohol beverage used in tastings must be purchased through a licensed wholesaler, licensed brew pub, licensed distillery pub, VINTER’S RESTAURANT, or winery licensed pursuant to C.R.S. § 44-3-403 at a cost that is not less than the laid-in cost of the alcohol beverage.... Section 6. 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 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2024, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for ____________________, 2024 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 ______________, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us