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HomeMy WebLinkAbout10-14-2024 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 14, 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 October 14, 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 October 14, 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes, September 23, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Proclamation Recognizing Judy and Dave Pighetti for Volunteer Service 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. 20-2024 - an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail business ORDINANCES ON FIRST READING 2. Council Bill No. 21-2024 – an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements 3. Council Bill No. 22-2024 – an ordinance adopting a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws concerning automated vehicle identification systems DECISIONS, RESOLUTIONS, AND MOTIONS 4. Resolution No. 47-2024 – a resolution adopting the 2024 Sustainability Action Plan Update 5. Motion to accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street 6. Motion to cancel the November 4, 2024 City Council Study Session 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  SEPTEMBER 23, 2024  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.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Korey Stites, Janeece Hoppe, Dan Larson, Amanda Weaver (via Zoom) and Leah Dozeman Absent: None. A quorum was established. Also present: City Manager Patrick Goff, City Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Parks and Recreation Director Karen O’Donnell, Sr. Deputy City Clerk Margy Greer, other staff, guests and interested members of the public.  4. Approval of Minutes August 26 City Council Meeting Minutes (amended to correct a misspelled word) September 9 City Council Meeting Minutes September 9 Special Study Session Notes September 16 Study Session Notes Without one correction, the Minutes and Notes were accepted as presented. 5. Approval of Agenda Council Member Dozeman made a motion to remove Item 4 – Resolution No. 46-2024, a Resolution expressing support for Jefferson County ballot measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increases taxes. It was seconded by Council Member Larson. Council Comments Council Memberf Dozeman stated that Council held a recent study session in which Council decided to create a legislative committee wherein Council would be discussing state legislation which they would support or oppose. She stated that “de-Brucing” has been divisive and it’s a very complex issue which doesn’t pertain to the City of Wheat Ridge. She stated that the City is also running a couple of ballot questions which deserve the Council’s time and energy, and she stated she would not like to create division by adopting this resolution now. Council Member Hultin stated that setting up a council committee was more to address legislation and process wherein the Council has an opportunity to influence what legislation goes up for a vote and ultimately up for a signature of the Governor. Ballot initiatives are a different category, as they have been referred to the ballot. While it is said that it doesn’t affect Wheat Ridge’s constituencies, she stated it actually does. Many of the budget items from the County impact things like jail space and other issues that affect quality of life. She stated she would be supporting to keep the resolution on the Agenda. Council Member Hoppe stated that she agreed with Council Member Hultin’s comments. She stated that the City’s partnerships with the County are sometimes very different than City’s partnerships at the State level. She stated this is different than the legislative group the Council will be putting together. She stated she would vote no, in favor of keeping this item on the Agenda. Vote: 2 Ayes (Larson and Dozeman). 6 Nays. (Hultin, Ohm, Stites, Hoppe, Weaver, and Snell) The motion failed. PROCLAMATIONS AND CEREMONIES 6. National Community Planning Month Mayor Starker proclaimed October 2024 National Community Planning Month and presented the Proclamation to Community Development Director Lauren Mikulak, Planning Commissioner Dan Graeve, and staff members Jana Easley, and Tammy Odean. 7. Breast Cancer Awareness Month Mayor Starker proclaimed October 2024 Breast Cancer Awareness Month and presented the Proclamation to Intermountain Health representatives Stacey Jensen and Janette O’Brien. 8. National Domestic Violence Awareness Month Mayor Starker Proclaimed October 2024 National Domestic Violence Awareness Month and Council Member Janeece Hoppe, a Board Member of Porchlight Justice Center, on behalf of the Mayor and City Council, read the proclamation and presented it to Porchlight Family Justice Center’s Executive Director Candice Coolidge. 9. Public’s Right to Speak Wheat Ridge Speaks: Item No. 4 - Resolution - Jefferson County Ballot Measure 1A Beverly Sloan Wheat Ridge Resident I strongly support Jeffco 1A. Let's stop choking city and county budgets with Tabor. 10. Consent Agenda None. 11. Public Hearings and Ordinances on Second Reading None. ORDINANCES ON FIRST READING 12. Council Bill No. 20-2024 – an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail businesses Council Member Hoppe introduced the Bill and read the Issue Statement into the Record. . Issue The Code prohibits tobacco product retailers from operating within 1000 feet of a youth-oriented facility (such as schools, parks, recreation facilities, etc.). The “grandfathering" clause of Code section 11-534(d) nevertheless exempts those retailers who were in place on the effective date of Ordinance 1710 Series 2021, which created the 1000-foot limit. However, if that retailer sells the business, the buyer of the business is not eligible for the grandfathering protection of that Code section. Council Member Hoppe made a motion to approve Council Bill No. 20-2024, an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retailing businesses, order it published, public hearing set for Monday, October 14, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 13. Resolution No. 44-2024 – a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $220,000 for the purpose of issuing a contract for professional services to Anderson Hallas Architects in an amount not to exceed $220,000 and approving subsequent payments for a City Facility Feasibility and Planning Study Council Member Ohm introduced the Resolution and read the Issue Statement into the Record. Issue In 2023 and 2024 the city developed a Facilities Master Plan (FMP) to assess the city’s space needs for existing and projected facility requirements. Key findings of the FMP include space deficits within most buildings related primarily to recent and projected staff growth and to shortfalls in various functional and operational areas. Due to the potential re-use of the Lutheran medical site, staff felt that it was important to proceed with additional analysis and planning at this time. Two proposals were received from architectural firms in response to a Request for Proposals. site. Staff recommends entering into a contract with Anderson Hallas Architects in the amount of $216,864 with a contingency amount of $3,136 for a total, not-to-exceed amount of $220,000. Maria D’Andrea, Director of Public Works, stated that in order to keep the momentum going with the Facilities Master Plan, this would be the next step in potentially working with a new developer at the Lutheran site to have new city facilities. Council Comments Council Member Hultin asked about the energy-efficient and sustainability ability options which are currently or may be available in the future. She stated that there are tax credits and investment programs which the City should be eligible for. Maria D’Andrea stated that they will be looking into those options, saying that there are different options depending on whether it is new construction or re-use of an existing buildings. The cost will be considered when looking at the options. D’Andrea stated that the timeline is tight, but the City is still on schedule for first or second quarter of next year. Council Member Larson asked if the ballot initiative were to fail, how it would impact the Plan. City Manager Patrick Goff stated that it should not have any impact on what the City is looking at doing, which is the re-use of the north tower of the hospital which is 91’ and it will be grandfathered in if it is not torn down. The November ballot does not affect the potential re-use of the facility by the City. Council Member Ohm asked if there was information on the environmental impact. D’Andrea stated that it may be the next step after this resolution. A potential Phase I Environmental Assessment may be done. She stated that right now, they are investigating the mechanical, electrical, and plumbing and other elements within the building. Council Member Ohm made a motion to approve Resolution No. 44-2024, a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation in the amount of $220,000 for the purpose of awarding a contract and approving subsequent payments in the amount of $216,864 with a contingency amount of $3,136 for a total, not-to-exceed amount of $220,000 to Anderson Hallas Architects for a City Facility Feasibility and Planning Study. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 14. Resolution No. 45-2024 – a resolution approving an Intergovernmental Agreement with Jefferson County School District concerning shared use of Stevens Elementary School parking lot Council Member Hultin introduced the Resolution and read the Issue Statement into the Record. Issue As part of the City’s Green at 38th project to create a public gathering space between Stevens Elementary and 38th Avenue, the Jefferson County School District (the District) conveyed a portion of the site including the school parking lot to the City in consideration for the construction of a new parking lot. As a condition of conveying the site, the City and the District agreed to enter into this agreement for the shared use of the District parking lot and to minimize disruption to school operations from activities at the site. Council Member Hultin made a motion to approve Resolution No. 45-2024, a resolution approving an Intergovernmental Agreement with Jefferson County School District concerning shared use of Stevens Elementary School parking lot. It was seconded by Council Member Ohm. Council Member Ohm stated she hope Vote: 8 Ayes. 0 Nays. The motion carried. 15. Resolution No. 46-2024 – a resolution expressing support for Jefferson County ballot measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increasing taxes Council Member Snell introduced the Resolution and read the Issue Statement into the Record. Issue Resolution No. 46-2024 expresses the City of Wheat Ridge's support for Jefferson County Ballot Measure 1A, which aims to permanently eliminate Taxpayer Bill of Rights TABOR) revenue restrictions, allowing the county to retain and spend all collected revenue. If passed, Measure 1A would eliminate the need for Jefferson County to issue TABOR refunds and would enable the county to dedicate these funds toward transportation, infrastructure, and public safety. Council Member Snell made a motion to approve Resolution No. 46-2024, a resolution expressing support for Jefferson County Ballot Measure 1A to allow Jefferson County to retain and spend revenues in excess of limitations imposed by the Colorado Constitution without increasing taxes. It was seconded by Council Member Hoppe Council Comments Council Member Larson stated that he would not be supporting the resolution. He stated the question had been put before the voters twice before and it was rejected both times. There is some question regarding the marketing firm, which was brought in, and the ballot measure is too vague as to what the County will be doing with the funds. Council Member Dozeman agreed with Council Member Larson. She said the biggest issue she has is that is would permanently eliminate the Tabor revenue restrictions. The measure has been voted own in the past. She stated she agreed that the City has a relationship with Jefferson County and use some of their services, but we as a City have to pass a balanced budget and prioritize things and does not want to see a permanent elimination of TABOR. She stated this is an extremely divisive issue and Council needs to have unity on the local ballot initiative and Council should be concentrating on that. Council Member Hultin stated that Jefferson County is only one of two or three in the State which has not “de-Bruced” and it’s not an unusual thing to do. She stated she believes it creates more budget stability for the county. She stated she would be supporting it so that the county has more consistency with the services they provide. Vote: 6 Ayes (Hultin, Ohm, Stites, Hoppe, Weaver, and Snell) 2 Nays. (Larson and Dozeman). The motion carried. 16 Motion to approve a Professional Services Agreement with EVstudio, in an amount not to exceed $81,800 with a 10% contingency of $8,180 for a total of $89,980, to provide design services for the Clear Creek Crossing Bus Terminal Project Council Member introduced the Motion and read the Issue Statement into the Record. Issue Construction of a bus terminal at the Clear Creek Crossing development will allow RTD to reestablish Routes 28 and 32, west of Wadsworth Boulevard, along 26th and 32nd Avenues. The Public Works Department solicited and evaluated proposals from five firms. Staff is recommending that the city enter into a contract with EVstudio for project design. The fee amount was negotiated with EVstudio and includes a 10% contingency to address minor changes that may arise during the design process. Council Comments Council Member Larson stated that this would establish a bus terminal on the hospital campus and asked what else it would provide. Goff stated that it would provide a relief station for the drivers, which is required in order to get the bus lines back. Maria D’Andrea explained that the terminal is at grade and there is nothing real structural. The three bays for the three buses may require a small amount of right-of-way. She stated they hope to finish design early spring and have it out for construction next summer. Council Member Hultin recognized the City leadership in providing what is needed to get the bus lines back. The bus lines will help serve the community by getting workers to the hospital, provide opportunities for people who live in the Clear Creek development, and help the students with getting to school. She thanked staff for their forward thinking on this matter. In answer to Mayor Starker’s question about the restrooms, D’Andrea explained that the facilities will be connected to the main facility and will be fully equipped. Council Member Ohm asked about the responsibility regarding bus shelters. D’Andrea stated that RTD provides shelters based on ridership. Many are provided by RTD around the City, and some belong to the City. Council Member Weaver made a motion to approve an agreement with EVstudio, in an amount not to exceed $81,800 with a 10% contingency of $8,180 for a total of $89,980, to provide design services for the Clear Creek Crossing Bus Terminal Project. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 17. City Manager’s Matters No report. 18. City Attorney’s Matters No report. 19. Elected Officials’ Matters Mayor and Council reported on recent events, other activities and events in the Wheat Ridge community. 20. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 7:36 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor PROCLAMATION RECOGNIZING JUDY & DAVE PIGHETTI FOR 19 YEARS OF VOLUNTEER SERVICE TO THE RIDGE RANGERS ADOPT-A-ROAD PROGRAM WHEREAS, Judy and Dave Pighetti desired to provide a cleaner & more aesthetically pleasing environment for themselves and their neighbors and volunteered for the city’s Adopt-A-Road Program in 2005; and WHEREAS, the Adopt-A-Road Program, also known as, Ridge Rangers, fosters a sense of community pride and responsibility while also improving the visual appeal of roads thus making them more inviting for residents and visitors; and WHEREAS, Judy and Dave cleaned the roadsides of 38th Avenue between Kipling Street and Wadsworth Boulevard at least once a month, for the past 19 years; and WHEREAS, volunteers like Judy and Dave help keep roadsides free of litter thus reducing pollution and protecting local wildlife habitats and ecosystems. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby recognize Judy & Dave Pighetti for their 19 years of valuable service to the community. Your dedication is truly commendable. Volunteers often form friendships through their participation in programs like Road Rangers which, in turn, strengthen community bonds. We are grateful for the difference you have made! IN WITNESS THEREOF, on this 14th day of October 2024. ____________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk ITEM NO: 1 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2024 - AN ORDINANCE AMENDING SECTION 11-534 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TOBACCO RETAIL BUSINESSES PUBLIC HEARING ORDINANCES FOR 1ST READING (09/23/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/14/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: The Code prohibits tobacco product retailers from operating within 1000 feet of a youth-oriented facility (such as schools, parks, recreation facilities, etc.). The “grandfathering" clause of Code section 11-534(d) nevertheless exempts those retailers who were in place on the effective date of Ordinance 1710 Series 2021, which created the 1000-foot limit. However, if that retailer sells the business, the buyer of the business is not eligible for the grandfathering protection of that Code section. Councilmember Hoppe, supported by Councilors Dozeman and Hultin, requested that Council consider an ordinance expanding the grandfathering scope of Code 11-534(d) to include purchasers of a protected location. Council provided consensus to proceed with a code amendment on September 9, 2024. PRIOR ACTION: City Council studied this particular issue in study session on September 9, 2024, and provided consensus supporting the change. City Council approved this ordinance on first reading on September 23, 2024. A motion was made Council Action Form – Tobacco Retailing Code Amendment October 14, 2024 Page 2 by Councilmember Hoppe and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: Tobacco and vaping license fees are $300 for new and $250 for renewal licenses. In total, the license fees generate approximately $15,000 in revenue per year. BACKGROUND: At the time Council approved Ordinance 1710, several businesses were selling tobacco within the 1000-foot buffer of youth-oriented facilities. Council determined that those businesses should be “grandfathered” in so that tobacco sales could continue, provided however the business was not dormant for a year or more. It came to Council’s attention that some businesses within the 1000-foot buffer are attempting to sell their business, but the current code prohibits a successor to obtain a tobacco retailing license, thus devaluing the existing business. At the study session on September 9, 2024, Council provided consensus to amend the code allowing a purchaser of the business with an existing tobacco retailing license to obtain the same and preserve the ability to sell tobacco products. In the event the business is dormant for a year, a tobacco retailing license is no longer available to the business. Additionally, Council asked that Section 11-534(d) be clarified to add the phrase “youth-oriented facility” in addition to “school,” so as to be clear that the Section applies to the broader definition of “youth-oriented facilities’ as defined in Section 11-531. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2024, an ordinance amending Section 11-534 of the Wheat Ridge Code of Laws concerning tobacco retail businesses, and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 20-2024, an ordinance amending Section 11- 534 of the Wheat Ridge Code of Laws concerning tobacco retailing businesses for the following reason(s) _________________.” REPORT PREPARED AND REVIEWED BY: Gerald Dahl, City Attorney Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 20 ORDINANCE NO. 1805 Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 11-534 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TOBACCO RETAIL BUSINESSES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council wishes to amend Code of Laws section 11-534(d) to include the possibility of a successor owner of a tobacco retail business at the same location when distance restrictions from schools and youth-oriented facilities apply. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-534(d) is amended to read as follows: (d) A tobacco product retailer operating lawfully on effective date. A tobacco product retailer operating lawfully on the effective date of this article, as adopted by Ordinance 1710, Series 2021, which retailer OR WHICH SUCCESSOR IN INTEREST TO SUCH RETAILER BY PURCHASE OF THE TOBACCO RETAIL BUSINESS AT THAT SAME LOCATION is ineligible to receive or renew a tobacco product retail license for a location pursuant to subsection (c) of this section and any licensee operating lawfully who becomes ineligible to receive or renew a license due to the creation of a new PUBLIC OR PRIVATE school OR YOUTH-ORIENTED FACILITY AS SET FORTH IN SUBECTION 11- 534(c), may apply for a license for the location pursuant to the standard license application procedure described in section 11-535. This exception to applicability of the one thousand (1,000) feet restriction is lost in the event the affected tobacco product retailer is not open for business for one (1) year or more. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of September 2024, 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 14, 2024, 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 14th day of October 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: September 24, 2024 Second Publication: October 15, 2024 Effective Date: October 31, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2024 – AN ORDINANCE AMENDING RELEVANT SECTIONS OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S GENERAL BUSINESS LICENSE REQUIREMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/14/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/28/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Deputy City Manager City Manager ISSUE: This ordinance makes several amendments to the City’s Business Licensing Code. These changes are designed to ensure compliance with state legislation, transition to bi-annual business license renewals, introduce an inspection fee, and consolidate certain special licenses with regular business licenses. PRIOR ACTION: The City Council reached consensus to consider these amendments at the August 19, 2024, Study Session. FINANCIAL IMPACT: Staff anticipates a modest increase in licensing revenue with the introduction of a business licensing inspection fee. This fee is intended to offset the costs of inspections, which are currently conducted by Charles Abbott Associates, the City's contracted building inspection services provider. BACKGROUND: Remote Seller Information Form Businesses with a physical presence in the City are classified as physical nexus (PN) businesses. Those that sell products in Wheat Ridge but are located elsewhere are classified as economic Council Action Form – Amending General Business License Requirements October 14, 2024 Page 2 nexus (EN) businesses. The City’s Municipal Code requires that both PN and EN businesses maintain a Wheat Ridge Business License. However, this conflicts with statute resulting from the adoption of SB22-032. This bill amended C.R.S 39-26-802.9, stating that “on or after July 1, 2023, a local taxing jurisdiction shall not require a retailer that … does not have a physical presence in the local taxing jurisdiction to … apply separately to the local taxing jurisdiction for a general business license. If the local taxing jurisdiction requires a general business license, it shall automatically issue a general business license at no charge to such a retailer…”. In response to this legislative change, the City of Wheat Ridge Finance Division no longer requires EN businesses to obtain a traditional business license. Instead, these businesses are required to complete a Remote Seller Information Form (RSIF) to provide the necessary details for sales tax collection. This ordinance formally exempts EN businesses from business licensing requirements and codifies that they must obtain a RSIF. Bi-Annual Business Licensing The City’s Finance Division processes over 4,000 business licenses and remote seller information forms during the renewal season each year. Processing these renewals requires extensive manual data entry, placing a substantial burden on the division’s staff. In addition to manually entering renewals, staff handle customer service inquiries, assist with renewal submissions, issue notifications to businesses nearing expiration, and pursue compliance among non-compliant businesses, all while juggling their regular responsibilities. This ordinance transitions the City from annual to bi-annual business licensing, reducing the administrative burden for both businesses and City staff. To further streamline operations, business license and RSIF renewals will be staggered so that approximately 50% of businesses renew each calendar year, thereby reducing staff’s annual workload. Staff plans to implement bi-annual licensing for the 2025 calendar year. However, the ordinance is designed to provide flexibility through 2026 to address any unforeseen technical challenges during the rollout of GovOS business licensing software, which could delay the implementation of bi-annual licensing. Additionally, the ordinance grants City Council the authority to adjust business license fees via resolution. Staff will present a fee schedule alongside the annual budget, increasing the license fee from $20 for a one-year license to $40 for a two-year license, thus ensuring continuity of revenue. Inspection Fee Physical Nexus (PN) businesses applying for an initial business license, relocating within the City, or expanding to new locations are required to pass a site inspection. This business license inspection ensures that facilities comply with regulatory and building code standards for their operations. Charles Abbott Associates (CAA), the City’s contracted building services provider, conducts these inspections and charges the City $95 per inspection. This ordinance shifts the responsibility for paying the inspection fee to business license applicants, with the fee to be set by City Council resolution. Staff will propose a fee schedule as part of the annual budget process, recommending an inspection fee of $95 to fully recover the cost of the service. Council Action Form – Amending General Business License Requirements October 14, 2024 Page 3 Late Fees Currently, business licenses expire on December 31st of each year, with businesses required to renew by the end of a grace period on January 31st. Renewals submitted after this date are considered late and incur progressively higher fees based on the delay. 50-60% of businesses fail to renew by the January 31st deadline each year, requiring staff to divert time and resources toward ensuring compliance, rather than focusing on other important responsibilities. This ordinance authorizes the City Council to determine late fees, which will be set by resolution. Staff will propose a fee schedule alongside the annual budget, aligning the increase in late fees with the corresponding increase in business licensing fees, as outlined below. Current and Recommended Business License Late Fees Consolidating Special Licenses Businesses that wish to engage in certain activities must obtain special licenses, such as tobacco or hotel licenses, in addition to their regular business licenses. This policy can be burdensome, confusing, and time-consuming for both staff and license holders, as it requires tracking multiple licenses with different renewal schedules. Special licenses are categorized as either essential or supplemental. Essential licenses allow a business to engage in its core operations and losing one would likely result in the business ceasing operations entirely. In contrast, supplemental licenses permit activities that complement a business’s primary operations. The following table classifies these licenses. Special License Categories Essential Licenses Supplemental Licenses Hotel License Amusement Arcades or Amusement Centers Massage Business License Liquor License Pawnbrokers and Secondhand Dealers License Medical Marijuana Licenses Short Term Rental License (no business license) Retail Marijuana Licenses Social Clubs License Tobacco Product Retail License This ordinance simplifies the licensing process by consolidating 'essential' special licenses with business licenses. Licenses for hotels, massage businesses, pawnbrokers, and secondhand dealers will now serve as both business and special licenses. If a special license is revoked, the business will no longer be permitted to operate. Since this structure is already in place for short-term rental licenses, they are not included in the ordinance. To offset lost business licensing revenue, Submittal Date Current Late Fees 2025 Late Fees Dec/Jan $0 $0 February $10 $20 March $30 $60 April or Later $100 $200 Council Action Form – Amending General Business License Requirements October 14, 2024 Page 4 staff will present the City Council with a fee schedule that raises annual license fees for hotels, massage businesses, pawnbrokers, and secondhand dealers by $20. Additional Information Staff has examined the feasibility of offering business licenses of various lengths, including 1-year and 2-year options. However, after discussions with GovOS, the City’s incoming business licensing software provider, we determined that implementing this option is not technically feasible with their software. To offer licenses of different lengths would require extensive manual inputting by staff. As a result, defeating the efficiency gains that the City hoped to gain when improving its licensing software. Staff also considered adjusting the late fee schedule to apply the highest penalty of $200 on May 1st instead of April 1st. However, after reviewing a sample of businesses subject to the April 1st penalty, staff determined that the delays are largely due to habitual behavior, not a need for more time. Extending the deadline by one month is unlikely to significantly reduce delinquency and would instead require staff to monitor delinquencies for an additional month, adding unnecessary burden with minimal benefit. RECOMMENDATIONS: Staff recommends approving Council Bill No 21-2024. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2024, an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements, order it published, public hearing set for Monday, October 28 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect fifteen (15) days after final publications as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 21-2024, an ordinance amending relevant sections of the Wheat Ridge Code of Laws concerning the City’s general business license requirements for the following reason(s) ______________________________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Mark Colvin, Finance Manager Alli Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 21 ORDINANCE NO. 1806 Series 2024 TITLE: AN ORDINANCE AMENDING RELEVANT SECTIONS OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE CITY’S GENERAL BUSINESS LICENSE REQUIREMENTS 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. §§ 31-15-501 and 31-23-301, et seq., 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, pursuant to this authority, the Council previously adopted general business license requirements and regulations, codified as Article II, Chapter 11 of the Wheat Ridge Code of Laws (“Code”); and WHEREAS, City staff have recommended certain amendments to the City’s general business licensing program to remove the licensing requirements for those businesses without a physical presence in the City and those businesses which rely on other City issued licenses for continued operation, transition the business license effectiveness period to two years, establish a licensing inspection fee, provide the City with additional fee establishment powers, and make conforming amendments; and WHEREAS, the Council finds that these amendments are necessary to ensure the continued effective regulation of certain classes of business operations within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-22 of the Wheat Ridge Code of Laws, concerning violations of business license requirements, is amended by the revision of one existing definition to read as follows: Sec. 11-22.- Violations. It shall be a violation of the City Code to conduct business within the city without a valid business license unless specifically exempted from the provisions of this article. BUSINESSES WHICH HAVE AN “ECONOMIC NEXUS” WITHIN THE CITY, AS DEDINED AT CODE SECTION 22-21 ARE EXEMPT FROM THE LICENSING REQUIREMENTS OF THIS ARTICLE BUT MUST MAINTAIN A SALES AND OR USE TAX LICENSE PURSUANT TO CHAPTER 22. A business license shall be considered valid if it is current and complies with the requirements of the City Code. Penalties for violations of this section shall be as set forth in sections 1-5 and 1-6 of the City Code. Each day that a business is conducted in violation of the City Code shall be a separate offense. Section 2. Section 11-24 of the Wheat Ridge Code of Laws, concerning business license applications, is amended to read as follows: Sec. 11-24. - Applications. (a) An application for a license shall be made on forms prescribed by the city treasurer and filed at the offices of the city treasurer, in compliance with the provisions of this article. (b) Application shall be made prior to the commencement of business within the city or, in the event of a renewal, prior to January 1 of the calendar year for which the license is sought. A thirty-day grace period after the application deadline shall be permitted. (c) A business license shall be required in addition to all other licenses required by the City Code or state statute, except that: (1) contractors subject to licensing pursuant to article IV, division 2 of chapter 5 of the City Code shall not be required to pay for a business license; (2) BUSINESSES WHICH DO NOT HAVE A PHYSICAL PRESENCE IN THE CITY AND WHICH ONLY HAVE ECONOMIC NEXUS PRESENCE WITHIN THE CITY AS DEFINED AT CODE SECTION 22-21 SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE; AND (3) ANY BUSINESS WHICH HAS BEEN ISSUED A SPECIALITY BUSINESS LICENSE PURSUANT TO ARTICLES VII, X, XIV, OR XVI OF CHAPTER 11 SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE. Section 3. Section 11-25 of the Wheat Ridge Code of Laws, concerning the issuance of business licenses, is amended to read as follows: Sec. 11-25. - Issuance of License. (a) No license shall be issued unless the city treasurer finds, after investigation, that: (1) All applicable provisions of the City Code and state statutes have been met by the applicant; (2) The required fees and previously assessed penalties have been paid; (3) The application has been reviewed by the city zoning officials, the use is valid under the city land use ordinances, and all required inspections have been performed. THE APPLICANT SHALL BE RESPONSIBLE FOR THE PAYMENT OF AN INSPECTION FEE, WHICH SHALL BE DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (b) Any license issued in error may be canceled. (c) Upon issuance, the license shall be mailed to the licensee at the address stated in the application. Section 4. Section 11-27 of the Wheat Ridge Code of Laws, concerning the renewal period for business licenses, is amended to read as follows: Sec. 11-27.- Expiration of and renewal of license. (a) All general business licenses shall expire December 31 EVERY TWO YEARS FOLLOWING THEIR DATE OF ISSUANCE OR RENEWAL.THE CITY MAY CHOOSE TO ISSUE A ONE-YEAR BUSINESS LICENSE TO ANY BUSINESS RENEWING FOR CALENDAR YEAR 2025 OR 2026, AFTER WHICH ALL SUBSEQUENT LICENSES SHALL BE ISSUED FOR A TWO-YEAR PERIOD. All exempt institution licenses are issued for a three-year period. SHALL EXPIRE EVERY THREE YEARS FROM THEIR DATE OF ISSUANCE OR RENEWAL. (b) A renewal notice shall be sent to each licensee prior to the expiration of the license. The license may be renewed by filing a new application and paying applicable fees as required by this article. (c) Except as otherwise provided by the City Code, the city treasurer may, in THEIR discretion, waive the submission of a renewal application, so long as the application and license fees imposed by this chapter are paid in a timely manner and the vendor is not delinquent in the payment of any tax either collected and due the city, made by or otherwise assessed by the city, or delinquent in filing of required city sales and use tax returns. (d) The city treasurer may authorize the renewal of an exempt institution license as long as the organization has not changed the substance of the data on the original application, and so long as the licensee is not in violation of the terms of its previous exempt institution license or any provisions of the City's Code. Section 5. Section 11-29 of the Wheat Ridge Code of Laws, concerning business license fees, is amended to read as follows: Sec. 11-29. - Fees. (a) The annual lLicense feeS shall be DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (b) Fees may be paid in cash or by check, bank draft or money order. Fees paid in any form except cash will be accepted by the city treasurer subject to collection. (b) Whenever any check, bank draft or other instrument received by the city treasurer for payment of any fee or penalty is returned unpaid or uncollectible, such fee or penalty shall be deemed unpaid. Any license issued while a required fee or penalty assessed pursuant to the City Code remains unpaid shall be canceled. (c) In the event that a license is sought for a time period between August 31 and December 31 of a NON-RENEWAL calendar year, the full application fee and one-half the license fee shall be paid. (d) A late fee and/or fine shall be assessed, In addition to the regular application and license fees, A LATE FEE AND/OR FINE SHALL BE ASSESSED IN GRADUATED AMOUNTS, BASED UPON THE DEGREE OF UNTIMELINESS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR LICENSE, DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. as follows: (e) A ten dollar ($10.00) fee if applied for or renewed more than thirty (30) but not more than sixty (60) days after the commencement of business within the city or expiration of the prior year’s license. (f) (2) A fifty dollar ($50.00) fee if applied for or renewed more than sixty (60) days but not more than ninety (90) days after the commencement of business within the city or expiration of the prior year’s license. (g) A one hundred dollar ($100.00) fee if applied for or renewed more than ninety (90) days after the commencement of business within the city or expiration of the prior year’s license. (e) If a summons to municipal court is required to obtain licensing compliance, the municipal court shall impose a fine under sections 1-5 and 1-6 of this Code of no less than five dollars ($5.00) per day of operation without a license or with an expired license in addition to the maximum late fee. (f) Late fee waivers shall be granted at the discretion of tax division staff only in acknowledgment of proof of timely mailing or in the event of exigent and unavoidable circumstances such as death, catastrophic illness, or disaster. (g) The city treasurer may not charge a fee for the reissue of a replacement for a lost or damaged license. (h) A BUSINESS LICENSE INSPECTION FEE, IF APPLICABLE, SHALL BE DETERMINED BY THE COUNCIL AND SET BY RESOLUTION. (i) All business/tax licensing fees may be reviewed occasionally by city staff. City staff may then forward recommendations concerning amending such fees to the city council; provided, however, the fees may not be increased by more than a percentage equal to the sum of the Denver-Boulder Annual Consumer Price Indices since the last increase, rounded to the nearest dollar. Section 6. Section 11-171 of the Wheat Ridge Code of Laws, concerning the compliance with the license requirements of pawnbrokers and secondhand dealers shall be amended to read: Sec. 11-171.- Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained a nontransferable pawnbroker's license issued by the city. It is unlawful for a secondhand dealer to fail to comply with all applicable requirements of this article. A secondhand dealer is not required to obtain a license pursuant to this article. Section 7. Section 11-234(a) of the Wheat Ridge Code of Laws, concerning the license requirement for massage businesses shall be amended to read: Sec. 11-234.- Licenses required. (a) No person or entity shall be permitted to operate a massage business in the city without a valid massage business license in addition to the business license required by chapter 11, article II. Additionally, no person or entity shall be permitted to operate such massage business without a licensed manager on site at all times, except as provided in (c) below. A massage business may obtain manager's licenses for more than one (1) individual. Section 8. The introductory paragraph of Section 11-235(a) of the Wheat Ridge Code of Laws, concerning the application for a massage business license shall be amended to read: Sec. 11-235.- Application. (a) In addition to the requirements of this chapter and chapter 11, article II, each application for a massage business license shall contain the following information: Section 9. Section 11-562(a) of the Wheat Ridge Code of Laws, concerning the requirements to obtain a hotel license shall be amended to read: Sec. 11-562.- License required; licensee fee; license renewals. (a) Issuance. No person shall conduct or operate a hotel without first having obtained a hotel license issued by the city as required by this article. This requirement to obtain a hotel license is in addition to the requirement to obtain a business license pursuant to article II of this chapter. Applicants for a hotel license shall pay the applicable fee. Section 10. 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 11. 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 14th day of October 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 October 28, 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: Margy Greer, Senior Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: October 15, 2024 Second Publication: October 29, 2024 Effective Date: November 13, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2024 – AN ORDINANCE ADOPTING A NEW ARTICLE VI IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING AUTOMATED VEHICLE IDENTIFICATION SYSTEMS PUBLIC HEARING ORDINANCES FOR 1ST READING (10/14/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/28/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: Traffic issues, primarily excessive speeds and red-light violations, are a continual complaint from the public. Residents contact various departments, primarily the police department, to request speed and other traffic enforcement on their streets to address the increased hazards these violations tend to create. Wheat Ridge is a smaller community impacted by major roadways and highways often used by community members and non-community members alike. This volume of traffic makes it difficult for an agency, sized to serve the community of residents and businesses, to adequately meet the demands of traffic control and safety. The use of technology in law enforcement continues to be one of the more impactful changes to modern day policing. One of those innovative technologies that is expanding nationwide is the use of Automated Vehicle Identification Systems (AVIS). Staff is requesting City Council to adopt a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws to allow for the use of AVIS in Wheat Ridge to address these traffic concerns. CAF – Automated Vehicle Identification Systems October 14, 2024 Page 2 PRIOR ACTION: On April 8, 2024, the Wheat Ridge Police Department took part in a City Council Study Session requesting direction from City Council related to the research of AVIS technology and its implementation. During that Study Session, City Council provided consensus to move forward with the program. FINANCIAL IMPACT: The use of the AVIS system requires no dedicated city funding. The contract outlines the lease of two fixed cameras ($8,990.00), two trailer mounted cameras ($12,990.00) and a hand-held camera ($1,995). The one-time lease payment is met through the Civil Infractions identified, processed and issued through the company’s software. Once the lease payment is met the company will receive $29.00 per hour for the services identified below. This equates to the city receiving approximately 70% of the revenue and the company receiving approximately 30% of the revenue. The $29.00 per hour or the 30% service fee funds the camera maintenance, service and movement, software management, police officer training, infraction processing, court docket preparation and expert witness testimony when needed. Any funds generated through this program can only be deposited in either the general fund or special fund as directed by state legislation. There is no financial impact if the ordinance is not passed. BACKGROUND: Traffic safety complaints tend to reflect a variety of concerns for the many motorists, bicyclists and pedestrians that utilize the City’s roadways for day-to-day mobility. In review of the citizen complaints and inquiries, it appears to reflect a genuine concern on the part of the residents of Wheat Ridge that the motorists using the roadways of Wheat Ridge are not aligned with their community’s values. The Wheat Ridge Police Department responds to these requests as time and resources allow attempting to address traffic issues throughout the community through traditional traffic enforcement methods. In an effort to address these complaints in a more comprehensive manner the police department has looked towards leveraging the new AVIS technology as a way of offering the community the service it deserves, stronger feelings of safety, and a belief that they have the ability to influence the greater community to align with Wheat Ridge values. One of the things the police department looked at as it relates to the use of AVIS technology is whether the system itself aligns with the Wheat Ridge values. To address this concern, staff have implemented as part of the system a phase in which a sworn Wheat Ridge Police Officer approves or denies each and every Civil Infraction the company is intending on sending out. This ensures that the Wheat Ridge Values are honored and infused to the automated aspect of the AVIS system. The Wheat Ridge Police Department has thoroughly researched the use and implementation of AVIS technology. The first step in moving forward with AVIS is the adoption of the code language that allows for this technology to be implemented within Wheat Ridge. Staff is CAF – Automated Vehicle Identification Systems October 14, 2024 Page 3 requesting a change to adopt a new Article VI in Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems so that the City may implement speed enforcement and red-light enforcement under the municipal code. The ordinance was produced under the guidance of the city’s legal advisors, and staff respectfully request City Council to approve this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2024, an ordinance adopting a new Article VI Chapter 13 of the Wheat Ridge Code of Laws concerning Automated Vehicle Identification Systems, order it published, public hearing set for Monday October 28, 2024, 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, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill No. 22-2024, an ordinance adopting a new Article VI Chapter 13 of the Wheat Ride Code of Laws concerning Automated Vehicle Identification Systems, for the following reason(s)_______________________________.” REPORT PREPARED/REVIEWED BY: Eric Kellogg, Division Chief Chris Murtha, Police Chief Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2024 10/8/2024 HTTPS://CIWHEATRIDGECOUS-MY.SHAREPOINT.COM/PERSONAL/RCURRY_CI_WHEATRIDGE_CO_US/DOCUMENTS/DESKTOP/10.14.24 PACKET PREP/241014 - D.2.B - ORD - V.2 2024 06 24_WR ORD AVIS. W RL ADDTN.DOCX CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 22 ORDINANCE NO. 1807 Series 2024 TITLE: AN ORDINANCE ADOPTING A NEW ARTICLE VI IN CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING AUTOMATED VEHICLE IDENTIFICATION SYSTEMS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to C.R.S. § 42-4-110.5, the City is authorized to utilize automated vehicle identification systems to detect violations of tragic regulations adopted by the City, subject to certain conditions and limitations; and WHEREAS, the Wheat Ridge Police Department desires to install automated vehicle identification systems to ensure more robust enforcement of the City’s tragic laws; and WHEREAS, the Council finds it desirable to amend the Wheat Ridge Code of Laws to enact an automatic vehicle identification system within the City for the protection of local health, safety, and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Chapter 13 of the Wheat Ridge Code of Laws is amended by the addition of a new Article VI, to read in its entirety as follows: Article VI – Automated Traffic Enforcement Sec. 13-90. - Definitions. For the purposes of this article, the following words, terms and phrases, shall have the following meanings: Automated Traffic Enforcement shall mean a system used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle. The term includes a system whereby: ATTACHMENT 1 2 (1) A machine is used to automatically detect a speed violation or a traffic control signal violation, and simultaneously record a photograph of the vehicle and the license plate of the vehicle; and (2) A notice of violation or civil penalty assessment notice may be issued to the registered owner of the motor vehicle. Civil Penalty Assessment Notice shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation that has previously received a notice of violation. Notice of Violation shall mean a notice mailed via first-class mail or personally served to a registered owner of a vehicle involved in any speed violation or traffic control signal violation detected by an automated traffic enforcement system advising that the violation has been detected, or a similar notice mailed to the operator of the vehicle identified by a registered owner of said vehicle. Residential Neighborhood shall mean any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five (35) miles per hour or less. Sec. 13-91. - Notices of Violation in General. (a) If the City detects any alleged violation of a county or municipal traffic regulation or traffic violation under state law using an automated traffic enforcement system, then the City shall issue, or cause its vendor to issue, to the registered owner of the motor vehicle involved in the alleged violation, by first-class mail or personal service, a Notice of Violation. (b) The City may only issue a Notice of Violation for violations that occur: (1) Within a school zone, as defined in C.R.S. § 42-4-615; (2) Within a residential neighborhood; (3) Within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614; (4) Along a street that borders a City park; or (5) Along a street, or portions of a street, which the City designates as an automated traffic enforcement system corridor as set forth in Section 13-93. 3 (c) The Notice of Violation shall contain, at minimum, the following information: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate number of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty and for disputing the alleged violation; (6) Information on how the registered owner may either dispute the alleged violation at a hearing or pay the prescribed penalty. The notice shall contain a written deadline for disputing the alleged violation which is not less than forty-five (45) days after the issuance date of the notice (d) To protest the Notice of Violation, the registered owner must request, in writing, a hearing to dispute the alleged violation. Sec. 13-92. – Speeding and Traffic Signal Violations. (a) Speeding Violations. (1) For a speeding violation of less than ten (10) miles per hour over the reasonable and prudent speed under a county or city traffic regulation or under state law through the use of an automated traffic enforcement system, the violation shall be cited as follows: a. For the registered owner's first offense, a written warning with no penalty or surcharge; and b. For the registered owner's second or subsequent offense, a Notice of Violation. (2) For a speeding violation of ten (10) miles per hour or more over the reasonable and prudent speed under a county or city traffic regulation or under state law through the use of an automated traffic enforcement system, the City shall issue the registered owner a Notice of Violation. 4 (b) Civil Penalty. The maximum civil penalty for a speeding violation or traffic control signal violation under this Section, including any surcharge, is forty dollars ($40.00), unless the violation is within a school zone, in which case the maximum penalty shall by eighty dollars ($80.00). A violation that occurs within a maintenance, construction, or repair zone designated pursuant to C.R.S. § 42-4-614 may be subject to a civil penalty of eighty dollars ($80.00). (c) Signage. The City shall: (1) Post a permanent sign in a conspicuous place not fewer than three hundred (300) feet before the beginning of the automated traffic enforcement system corridor and a permanent sign not fewer than three hundred feet before each camera within the corridor thereafter and/or; (2) Post a temporary sign not fewer than three hundred feet before any mobile camera. Sec. 13-93. - Automated Traffic Enforcement System Corridors. (a) Pursuant to C.R.S. § 42-4-110.5(2)(g)(I), the City will identify automated traffic enforcement system corridors based on collected traffic data and place the automated traffic enforcement system to represent the highest traffic safety needs of the City. (b) Should the City elect to designate an automated vehicle identification corridor, the City shall illustrate, through data collected within the past five years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as said automated vehicle identification corridor. (c) The City will coordinate with the Department of Transportation and Colorado State Patrol in enforcing the provisions of this Article. (e) If applicable, the City will publish a report on its website disclosing the number of citations and revenue generated by an automated traffic enforcement system corridor. (f) The City shall not locate an automated traffic enforcement system corridor on any highway that is part of the federal interstate highway system. Sec. 13-94. - Civil Penalty Assessment Notices. (a) If the City has not received the prescribed civil penalty or written notice requesting a hearing to dispute the alleged violation by the deadline provided in the Notice of Hearing, then the City shall issue, 5 or cause its vendor to issue, a Civil Penalty Assessment Notice to be served on the registered owner either by first-class mail or personal service. (b) The Civil Penalty Assessment Notice shall contain: (1) The name and address of the registered owner of the motor vehicle involved in the alleged violation; (2) The license plate of the motor vehicle involved in the alleged violation; (3) The date, time, and location of the alleged violation; (4) The amount of the civil penalty prescribed for the alleged violation; (5) The deadline for payment of the prescribed civil penalty; and (6) Information on how to pay the prescribed civil penalty. (c) If the registered owner fails to pay the full prescribed civil penalty by the deadline stated in the Civil Penalty Assessment Notice, a final order of liability shall be entered against the registered owner of the vehicle. The final order must be personally served to the registered owner. Final orders of liability may be appealed as to matters of law and fact to the Jefferson County Court. (d) The City may initiate or pursue a collection action against the registered owner of a motor vehicle for debt resulting from the final order of liability contingent upon personal service of the Notice of Violation or the final order of liability. (e) The City shall not report to the Department of Transportation any conviction or entry of judgment against a defendant for a violation of a municipal traffic regulation or traffic violation under state law if the violation was detected using automated traffic enforcement (f) If the registered owner fails to pay the full prescribed civil penalty, the City shall not attempt to enforce the penalty by immobilizing the registered vehicle owner's vehicle. Sec. 13-95. - Vendors. (a) No portion of any fine collected using an automated traffic enforcement system may be paid to the manufacturer or vendor of the automated traffic enforcement system equipment. The compensation to such vendor by the City shall be based on the value 6 of such equipment and the value of any services provided and shall not be based on the number of traffic citations issued or the revenue generated by such equipment or services. Sec. - 13-96. Data Retention. (a) The City shall: (1) Program the automated traffic enforcement system to retain data only when a violation of a county or municipal traffic regulation or traffic violation under state law occurs; (2) Treat all photographs and video collected by the automated vehicle traffic enforcement system as confidential and exempt from disclosure and inspection pursuant to the "Colorado Open Records Act" part 2 of Article 72, Title 24, C.R.S.; (3) Not use, disclose, sell, or permit access to photographs, video, or personal identifiable data collected by the automated traffic enforcement system except to the extent necessary to operate the program, including for purposes of processing violations, for other law enforcement purposes, for transferring data to a new vendor or operating system, or, pursuant to a court order, for use in unrelated legal proceedings; and (4) Destroy any photographs and video of a violation collected by the automated traffic enforcement system within three (3) years after the final disposition of the violation unless the photographs or video are maintained in a separate system for other purposes allowed by law. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of October 2024, 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 28, 2024 at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 7 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 28th day of October 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. CITY OF WHEAT RIDGE, COLORADO ________________________________ Bud Starker, Mayor ATTEST: ________________________________ Margy Greer, Senior Deputy City Clerk Approved as to Form: Gerald E. Dahl, City Attorney First Publication:10/15/24 Second Publication:10/29/24 Effective Date:11/13/24 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-2024 – A RESOLUTION ADOPTING THE 2024 SUSTAINABILITY ACTION PLAN UPDATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ City Manager ISSUE: Sustainability is an important issue within the City of Wheat Ridge, impacting municipal operations, businesses, and residents alike. Staff have been working to update the initial 2018 Sustainability Action Plan, and this resolution would adopt the 2024 Sustainability Action Plan Update: A Five-Year Roadmap as City policy to guide future decisions and actions affecting sustainability efforts throughout the City. PRIOR ACTION: City Council has provided guidance on this project throughout 2024 since the project began in late January. Most recently, City Council reviewed the draft 2024 Sustainability Action Plan Update: A Five-Year Roadmap (“Action Plan”) at the August 19, 2024, study session, and provided feedback in support of the plan at that meeting. FINANCIAL IMPACT: Adopting the Action Plan will not have an immediate financial impact on the City. Many of the implementation strategies outlined within the Action Plan are educational or information-gathering and can be completed at little to no cost to the City. Some of the strategies outlined would have financial impacts on the City to complete and/or once implemented and would likely require the direction of City Council in the future. CAF – Sustainability Action Plan October 14, 2024 Page 2 BACKGROUND: The purpose of this project has been to update the initial 2018 Sustainability Action Plan and to gain additional staff leadership and buy-in of the proposed goals and implementation strategies to create an actionable and feasible plan that City Council will adopt. The updated Action Plan will provide a five-year roadmap guiding sustainability efforts within Wheat Ridge. The 2018 Sustainability Action Plan featured 20 goals and 135 implementation strategies across six key focus areas: Communications and Engagement, Water, Transportation, Energy Efficiency and Green Building, Renewable Energy, and Solid Waste and Recycling. The updated Action Plan now includes 24 goals and 116 implementation strategies, maintaining the original six focus areas while introducing two new ones: Businesses and Jobs, and Arts and Culture. City staff and the consultant team Lotus Engineering & Sustainability have developed this Action Plan in collaboration with City Council, City staff and leadership, Sustainable Wheat Ridge, and other stakeholders. The Action Plan process began in late January 2024, and City Council provided input during focus groups held in March 2024, and most recently at the August 19, 2024, study session. The project has consisted of three phases, with notable steps including: Phase 1: Plan Alignment • Review of relevant City and non-City plans to identify opportunities, challenges, and synergies for sustainability work in Wheat Ridge, including the 2018 Sustainability Action Plan, 2009 Envision Wheat Ridge Comprehensive Plan, 2017 Bike and Pedestrian Master Plan, 2023 Open Space Management Plan, recent updates to City regulations including EV parking requirements and waterwise landscaping, and the 2022 Jefferson County Climate Action Plan. • Identification of key stakeholders to engage with in Phase 2. Phase 2: Plan Engagement • Informational interviews were held with members of City Council, Sustainable Wheat Ridge, members of City staff, local businesses, and a few of the City’s water districts. • Online survey of the general public to understand sustainability priorities as they related to the Action Plan’s proposed eight focus areas; this survey received 154 responses. • Creation of a matrix of goals and implementation strategies to be further evaluated in Phase 3. Phase 3: Sustainability Action Plan Creation • Further evaluation and prioritization of the goals and strategy matrix against the key criteria of Environmental Impact and Resilience (40%), Feasibility (30%), Community Values (20%), and Co-Benefits (10%). CAF – Sustainability Action Plan October 14, 2024 Page 3 • Four facilitated staff meetings with members of the Executive Management Team and other staff from departments across the City to gain broad approval and buy- in of the proposed goals and strategies. A similar review was conducted with Sustainable Wheat Ridge. • Creation of the Implementation Tracker to track the timing of implementation, anticipated funding requirements, and the lead and supporting departments responsible for implementing each strategy. • Creation of the draft Action Plan presented at the August 19, 2024, study session, and subsequent changes to add graphic design and incorporate Council’s feedback. City Council Feedback from August 19, 2024, Study Session City Council expressed general support for the Action Plan’s proposed goals and implementation strategies presented at the August 19, 2024, study session, and provided suggestions for minor changes. Recommendations from City Council at this meeting included the following: • The Action Plan should be more specific about how to implement the strategies regarding the Green Business Program and should ensure that business-oriented strategies are feasible as businesses are often busy and budget-constrained. o Added two new strategies (B2.4 and B2.5) under Goal B2 in the Businesses and Jobs subsection with tangible steps of how to work with businesses in the Green Business Program and how to increase awareness of the program. • The Action Plan should ensure that the proposed goals and strategies are inclusive of renters. o Updated Goal E4 in the Energy Efficiency and Green Building subsection regarding residential energy efficiency to include residents in rental housing. o Updated strategy E4.1 under Goal E4 in the Energy Efficiency and Green Building subsection to include residents in rental housing. o Updated strategies R1.2 and R1.3 under Goal R1in the Renewable Energy subsection to include residents in multi-unit and rental housing. Next Steps Upon conclusion of the Action Plan update process, City staff will begin to focus on implementation and communication of the plan. Some of the initial implementation steps beginning in late 2024 and throughout 2025 will include: • Presenting a Climate Emergency Resolution to City Council. • Overhauling the City’s sustainability webpages and What’s Up Wheat Ridge page to reflect the updated Action Plan. • Collecting and analyzing sustainability data, including water, waste, and energy, across municipal operations to set subsequent targets to reduce the City’s environmental impact. • Continuing to focus on expanding business participation in the Green Business Program. • Implementing zero waste practices at select City events and creating a guide for external zero waste events. CAF – Sustainability Action Plan October 14, 2024 Page 4 RECOMMENDATIONS: Attachment 1 is a resolution that adopts the 2024 Sustainability Action Plan Update: A Five-Year Roadmap (Attachment 2) as a guiding document for the City. Staff recommends approval of the resolution and adoption of the Action Plan. RECOMMENDED MOTION: “I move to approve Resolution No. 47-2024, a resolution adopting the 2024 Sustainability Action Plan Update.” Or, “I move to postpone indefinitely Resolution No. 47-2024, a resolution adopting the 2024 Sustainability Action Plan Update, for the following reason(s)_______________.” REPORT PREPARED/REVIEWED BY: Mary Hester, Sustainability Coordinator Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 47-2024 2. 2024 Sustainability Action Plan Update: A Five-Year Roadmap ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2024 TITLE: A RESOLUTION ADOPTING THE 2024 SUSTAINABILITY ACTION PLAN UPDATE WHEREAS, the City of Wheat Ridge recognizes the importance of sustainability in addressing environmental challenges, and ensuring a resilient, healthy community for current and future generations; and WHEREAS, in 2018, the Sustainable Wheat Ridge committee (SWR), comprised of dedicated residents, volunteered more than 550 hours to draft the City’s first Sustainability Action Plan to guide the City’s efforts; and WHEREAS, since then, SWR and staff have successfully completed or initiated 64% of the plan’s initiatives, embedding sustainability as a priority throughout City operations and the community and marking an opportune time for an update; and WHEREAS, the updated 2024 Sustainability Action Plan Update: A Five-Year Roadmap is the result of extensive staff collaboration and engagement with the community including residents and businesses; and WHEREAS, the Wheat Ridge City Council desires to adopt the 2024 Sustainability Action Plan Update as a guiding document to further enhance the City’s sustainability efforts and shape a more resilient, sustainable future for Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council hereby adopts the 2024 Sustainability Action Plan Update: A Five-Year Roadmap. DONE AND RESOLVED this 14th day of October 2024. ________________________________ Bud Starker, Mayor ATTEST: _ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Appendix A: City of Wheat Ridge Sustainability Action Plan Engagement Synthesis TO: Wheat Ridge City Staff (Attention: Mary Hester) FROM: Lotus Engineering & Sustainability, LLC DATE: 06/18/2024 SUBJECT: City of Wheat Ridge Sustainability Action Plan Engagement Synthesis Introduction In January 2024, the City of Wheat Ridge contracted with Lotus Engineering & Sustainability to update the Sustainability Action Plan that was created in 2018. The 2018 Sustainability Action Plan was community-driven, a collective action taken on behalf of the Sustainable Wheat Ridge Committee. At the time, the plan was not adopted by City Council. The updated plan is designed to be a five-year roadmap for Wheat Ridge’s sustainability journey, outlining actions and goals for the community and the City government. To honor the community’s leading role in developing the initial Sustainability Action Plan, Wheat Ridge sought feedback and input from the public at multiple key junctures in the project. Specifically, input was sought early in the process, soliciting feedback on the desired vision and goals that would define the plan’s guiding principles and north star; then again midway through for the public’s thoughts on the plan’s priority focus areas and strategies. City staff were consulted throughout the process to gauge feasibility and capacity for implementation. Finally, the draft plan will be shared back out with key stakeholders, including City Council, for additional feedback. This memo offers an overview of the engagement efforts conducted towards this planning process, the results collected, and a discussion of the findings and implications for the final plan. Summary of Engagement Efforts The Sustainability Action Plan update process included opportunities at various points in the project process for residents and stakeholders to voice their perspectives on the City’s approach to sustainability. 43 First, the City and its consultant held informational interviews with City Council members, key departmental staff, the Sustainable Wheat Ridge resident advisory committee, representatives from three of Wheat Ridge’s water districts, and members of the local business community. These interviews were intended to collect targeted information on existing and planned sustainability practices, policies, and procedures as well as visions for a sustainable city. In the second phase of the project, engagement was broadened to seek input from all corners of the Wheat Ridge community. Wheat Ridge created a module for the Sustainability Action Plan on the City’s online engagement platform, What’s Up Wheat Ridge, and included a survey to solicit feedback on the community’s top sustainability priorities. The survey was advertised through the City’s social media posts, various City newsletters, tabling at local events like the 29th Street Marketplace Block Party, and an engagement event hosted for the City’s Comprehensive Plan update process. Wheat Ridge’s local businesses were enlisted through the Wheat Ridge Business Association, participants in the City’s green business awards program, and cold outreach. Synthesis and Key Takeaways Engagement Findings by Stakeholder For ease of viewing, the engagement findings by stakeholder are summarized below. Important details and more robust results are detailed in the section titled “Results of Engagement by Stakeholder Group.” •City Leadership: o The new plan should promote awareness about all the progress the City has already made. o Sustainability priorities: 1) Water conservation 2) Air quality 3) Transportation (e.g. walkable streets, e-bike infrastructure, bus route back on 32nd, address empty buses) 4) Explore cutting edge technology (e.g. geothermal). o Potential challenges: 1) Balancing the needs of new and legacy residents, 2) Age of infrastructure, 3) Public appetite, 4) Managing multiple competing priorities. •City Staff: o The 2024 plan update will be useful in coordinating across City departments. o Water conservation continues to be a major focus. 44 o Potential challenges: 1) Renter-landlord split incentive 2) The inaccessibility of paying extra for recycling services, 3) Code requirements that may lessen upfront costs to keep housing affordable but may create inequities in landscape/environment and housing stock, 4) Barriers to implementation include staffing, funding, departmental silos, and community education. •Sustainable Wheat Ridge Committee: o The updated plan has the opportunity to be bold. o Priorities include: 1) Improvements in the commercial sector, 2) Education in schools, 3) Reduce water usage, 4) Transportation (e.g. bike lanes and bike racks, 38th and BRT, walkability). o Challenges include: 1) Public appetite, 2) Thinking too small 3) Businesses in Wheat Ridge can be a difficult stakeholder to engage. •Survey: o Sustainability is about protecting our limited resources and preserving Wheat Ridge’s assets for future generations. o The top three priorities are 1) Saving Colorado’s limited water 2) Reducing the amount of trash that enters the landfill, and 3) Being able to take different transportation options in your day to day. o The top three challenges are 1) Behavior change 2) Finances, and 3) Politics. Engagement Findings by Theme Top Priorities and Opportunities Several top priorities were shared across the informational interviews and survey results, suggesting a cohesive sustainability approach that the broader Wheat Ridge community would like reflected in the updated Sustainability Action Plan. Water conservation dominated the community’s priorities and concerns. Every informational interview highlighted water as a critical issue, corroborated by the overwhelming plurality of survey respondents that selected water as the most important priority for the plan. Interestingly, water conservation is complicated by Wheat Ridge being serviced by six water districts. 45 •Key Takeaway: This diverse landscape of water providers potentially creates the opportunity for the City government to lead by example with their landscaping and water efficiency practices. Water conservation strategies included in the Sustainability Action Plan update should offer the public a mix of water-wise landscaping and water efficiency incentives and regulations that strengthen over time. The informational interviews and survey results also both emphasized transportation strategies as a top concern. Sustainable transportation and the City’s focus on improving bikeability, walkability, and connectivity of sidewalks, bike lanes, and transit lines was shared across the Sustainable Wheat Ridge Committee, City leadership, and the City Department of Community Development, and ranked as the third most important priority. Electric vehicles and e-bikes also played a significant role in the discussions and survey responses. •Key Takeaway: This highlights the role that the City can play in promoting the code changes that staff have recently implemented to advance these priorities. Incorporating strong transit and active transportation infrastructure strategies into the Sustainability Action Plan update can position the City well to seek funding to build on existing initiatives and advance the City’s goals with regional partnerships. Interestingly, the rest of the plan focus areas and strategies saw more mixed perspectives. Close behind transportation were waste diversion, clean energy sourcing, and fairness or equity, with the other areas like energy efficiency receiving a lower priority. Waste diversion strategies, particularly recycling and composting, proved highly popular in survey respondents’ free response sections as well as in the informational interviews. Sending materials to landfills and seeing trash pile up in waterways and green spaces are tangible examples of unsustainable habits of the community. Barriers to these strategies that stakeholders across engagement most often cited include the challenge of relying on community behavior change and knowledge as well as financial feasibility. •Key Takeaway: The community demonstrated the appetite for more advanced waste diversion strategies that City leadership and staff have acknowledged and recognized as a community priority. This energy should be reflected in the Sustainability Action Plan’s strategies, while carefully incorporating existing progress and the changing policy landscape in this focus area. Renewable energy, particularly solar photovoltaic installations, was seen almost universally with more complicated feelings. Many, from City Council members to survey respondents, emphasized the need for more sustainable energy sources but expressed frustration with their own attempts to install solar energy generation or seek subscriptions to a community solar garden. Wheat Ridge appears to face a disconnect between community members feeling 46 strongly that the city needs more solar energy while also relinquishing responsibility to their utility. • Key Takeaway: Solar installations continue to challenge Wheat Ridge’s renewable energy-minded residents, creating an opportunity for the City to promote a solar collective program. Furthermore, in service of Wheat Ridge’s desire to exemplify excellent environmental stewardship, strategies that provide space for staff to explore alternative renewable energy projects such as geothermal district heating would position the City well for many grant opportunities. Barriers and Contradictions Many themes on barriers and challenges that Wheat Ridge may face in implementing the Sustainability Action Plan emerged from the various engagements. Informational interviewees and survey respondents alike identified the moderate to libertarian politics as a key issue to address in the messaging around the plan. This political challenge mirrored the frequently cited concern around reliance on residents’ capacity and willingness to learn, adapt, and ultimately change their behaviors. However, many also expressed excitement and energy around the local sustainability movement and a desire to participate and get involved in the process. • Key Takeaway: This gap in respondent and interviewees’ perceptions of their community members and their own motivations suggests that the City may benefit from conducting more targeted outreach towards stakeholder groups that typically do not participate in engagement processes. The City should seek to understand the motivations and drivers toward action of groups not often invited to the table and connect the City’s sustainability work with impacts on people’s lives. Finally, the City should consider the suggestions from the survey results to host more sustainability- focused events and educational programming to continue building on the momentum and cultivating a community of residents engaged in sustainability. These residents can then help to spread educational messaging to their networks and address people’s concerns around misleading information. Another tension in the responses was the high priority placed on water conservation; however, few of the survey respondents spent much time discussing water conservation and efficiency opportunities. Most often mentioned was water-wise landscaping and reducing outdoor water use; meanwhile the water districts themselves were most proud of their work on fixing leaks in their pipe network. The water stakeholders highlighted a few water efficiency programs such as equipment rebates and incentives and smart metering but did not appear to feel the weight of the community’s value on water. 47 •Key Takeaway: This offers the City an opportunity to increase collaboration with the water districts that serve Wheat Ridge. The City can advocate for its residents and represent their desire for a heavier focus on water conservation and efficiency, while connecting with residents on a shared concern and value. Ideally, the City could bring together and collaborate with residents and water districts to craft equitable programs that meet the needs of the Wheat Ridge community. Results of Engagement by Stakeholder Group This section provides details on the various engagement efforts conducted by the project team, including the number of participants reached, the logistics and focus of the specific engagement, and the topline data derived from the participants. Informational Interviews The project team held seven, one-hour long virtual informational interviews with key stakeholder groups throughout the process, shown in Table 1 below. Interviews ranged from one to nine participants and covered a range of topics related to sustainability depending on the participants’ background and focus. Table 1. Informational Interviewee Roster Interview Date Focus Participants 1 3/8/24 City Council •Councilmember Korey Stites | Wheat Ridge City Council District III •Councilmember Scott Ohm | Wheat Ridge City Council District II 2 3/25/24 City Council •Mayor Bud Starker | City of Wheat Ridge •Councilmember Rachel Hultin | Wheat Ridge City Council District II 48 3 3/15/24 City Department of Community Development •Ella Stueve | Senior Planner, City of Wheat Ridge Department of Community Development •Janet Gassman | Landscape Planner, City of Wheat Ridge Department of Community Development •Mary Hester | Sustainability Coordinator, City of Wheat Ridge City Manager’s Office •Stephanie Stevens | Senior Planner, City of Wheat Ridge Department of Community Development •Renee Meriaux | Chief Building Official, City of Wheat Ridge Department of Community Development •Iwona Dumin | Civil Engineer II, City of Wheat Ridge Department of Community Development 4 3/21/24 Sustainable Wheat Ridge Committee (resident advisory) •Michaela Butler •Joy Opp •Amanda Burch •Amy DePierre •Stew Stewart •Karen Berry •Conner Denton •Britt Guimond •Sara Nepomuceno 49 •Councilmember Rachel Hultin | Wheat Ridge City Council District 2 and City Council Liaison to the Committee 5 4/8/24 Municipal Sustainability Committee (City staff) •Benny Paiz | Parks, Forestry and Open Space Manager, City of Wheat Ridge Department of Parks and Recreation •Janet Gassman | Landscape Planner, City of Wheat Ridge Department of Community Development •Iwona Dumin | Civil Engineer II, City of Wheat Ridge Department of Community Development •Amanda Harrison | Communications and Engagement Manager, City of Wheat Ridge Department of Administrative Services 6 5/31/24 Water Stakeholders •Benny Paiz | Parks, Forestry and Open Space Manager, City of Wheat Ridge Department of Parks and Recreation •Casey Burtis | Manager of Engineering, Consolidated Mutual Water Company •Douglas Burling | District Engineer, Wheat Ridge Water District •Austin Krcmarik | Water Efficiency Lead, Denver Water 50 7 06/19/24 06/12/24 Business Community •Stephanie Magee, Spenga •Andrea Buglione, P.U.M.A (to cross analyze findings with Wheat Ridge Economic Development Strategic Plan) City Leadership The City leadership interviews were divided into two sessions to capture broader availability. First, the project team met with two Council members from Districts two and three. The second session included Mayor Bud Starker as well as a different Council member representing District 2. These City leaders provided context on the City of Wheat Ridge’s sustainability journey and the drivers of that journey to date, potential barriers and opportunities to the plan update, and key topics for further focus. A common theme across each leader’s perspective centered around the City’s ability to adapt to change while striking several careful balances. This included navigating population increase (and accompanying shift in demographics) while balancing the desire to lead in sustainability and staying true to a prized sense of small-town community. They wanted to leverage sustainability leadership to attract newcomers while balancing the values of legacy residents. Broadly speaking, leadership voiced strong support for a significant increase in investment into the City’s sustainability efforts, tempered only by the limitations of their status as a relatively small community nestled in a large metropolitan area. City Staff The project team observed significant overlap across ongoing efforts to integrate low-impact and sustainable development policies and practices amongst the City of Wheat Ridge Department of Community Development. Furthermore, the project team sought to leverage opportunities with a coinciding update to the City’s guiding, foundational document, the Comprehensive Plan. A conversation was held between the project team and several key stakeholders in the City’s Department of Community Development to discuss the department’s progress on their various sustainability initiatives and identify opportunities and challenges, particularly those that could be addressed or included in the Comprehensive Plan update. 51 One of the challenges City staff encountered with the community-driven Sustainability Action Plan was its lack of staff vetting, refinement, and formal adoption. The staff commended the community’s efforts but at times felt hindered by the lack of mandate that formal adoption and consultation with City staff would have offered. However, most participants believed that significant progress was made toward the plan’s major strategies. Staff cited several initiatives aligned with the 2018 Sustainability Action Plan: •Development of water-wise landscaping guidelines. •Expansion of electric vehicle charging infrastructure. •Improvements to bikeability and walkability. •Additions to tree canopy. •Overhaul of landscaping, stormwater, building, and other codes. Some challenges to future strategy implementation noted by staff included communication across City departments, lack of staff capacity, potential conflicts with community character, and challenging coordination across water districts. Sustainable Wheat Ridge Committee The Sustainable Wheat Ridge resident advisory committee spearheaded the development of the original Sustainability Action Plan in 2018, with three remaining current members who helped with the original plan. Engagement with this group was deemed critical to the planning process as the Committee represents potential community champions who could take responsibility for the implementation of some strategies. To demonstrate this capacity, the Committee discussed initiatives they were currently working on, including promoting resources to the community on the federal Inflation Reduction Act, engaging the public on the residential waste project, expanding e-waste recycling and composting events and programs, and executing sustainability related community events. The Green Business initiative was also an effort led by former members of the Sustainable Wheat Ridge Committee. The Committee also provided a diverse array of perspectives on sustainability priorities and strategies, but commonalities included: •Focusing on energy in the commercial sector. •Addressing easy wins on the municipal side. •Advancing existing strategies that support a just transition and focus on low-income and disproportionately impacted communities. 52 •Building on existing momentum regarding walkability and bikeability. •Pushing for more water efficient landscaping and water usage practices. •Promoting a complementary balance between incentives and regulations. •Developing educational programming for students to raise awareness of sustainability in earlier stages. Equity was a robust topic of conversation in the interview, with members citing challenges with the older housing stock along the highway, equitable tree canopy coverage, and access to electric vehicles. Water Districts In response to the previous interviewees’ high priority on water, the project team conducted an interview with a few of the City’s water districts to collect information on existing conservation efforts and water-related issues and initiatives. The interviewees discussed a few major scopes of work that their water districts are advancing, including lead service line removals, pipe maintenance to prevent leaks, more transparent advanced metering, water-wise landscaping, and efficient fixtures. Ultimately, each water district provides different programming – Consolidated Mutual Water Company highlighted their smart metering program that allows customers to quickly and easily see their water usage, while Denver Water explained several different equipment or fixture incentive and rebate programs. Denver Water plays a significant partnering role regionally and emphasized their targeted focus on conservation to support community efforts. Barriers to conservation cited by the water districts include maintaining sustainable funding, regular coordination with key stakeholders, particularly linking those working on climate action, and identifying opportunities for additional savings as new development tends to be built to very high efficiency standards. Systems that repurpose greywater, though mentioned by other stakeholders as a possible strategy, was a complicated solution that would not ultimately yield much benefit from the water districts’ perspective. Businesses The SAP’s engagement with business stakeholders is best characterized by holding multiple competing priorities at once. Understanding that businesses can be difficult to reach, the project team designed a strategy targeted to fifteen businesses that had shown aptitude for engaging with the City previously. This strategy also included partnering with the ongoing Wheat Ridge Economic Development Strategic Plan to increase our understanding of the business landscape while not overstretching the same resources. Outreach ultimately yielded 53 two substantial interviews, with Stephanie Magee, owner of Spenga, and Andrea Buglione, a Senior Associate with Progressive Urban Management Associates working on the Wheat Ridge Economic Development Strategic Plan. The findings of these interviews are summarized below. Wheat Ridge business stakeholders reported not having the time or margins to prioritize sustainability and were not apprised of City programs designed to assist businesses, such as the Green Business Network. The financial cost of buying into sustainability—real or perceived— was a high barrier to overcome. Recovering from the COVID-19 Public Health Emergency means for many business owners (especially small business owners) that priorities are narrowed down to only expenditures that directly generate leads. To further contextualize the difficult decisions that businesses have to make, owners reported concerns with rising property taxes, landlords who are unincentivized to update properties, and slow and/or expensive permitting processes. To see a sustainable path forward, business stakeholders desired information on cost-cutting assistance programs to be disseminated at key intervention points like when they receive their business licenses and through common channels of communication such as the Chamber of Commerce. Survey Analysis The project team developed an online survey to collect the broader Wheat Ridge community’s perspectives on and priorities for sustainability. Administered on the Google Forms platform, the survey was disseminated by the City through several channels, including the City’s online engagement platform, What’s Up Wheat Ridge, social media posts, tabling at the 29th Street Marketplace Block Party and an event held by the Department of Community Development for the Comprehensive Plan update, and leveraging the Sustainable Wheat Ridge Committee’s networks. Over the course of four weeks of availability, the survey garnered 154 responses. Respondent Demographics Participants were first asked as optional questions to provide demographic information, including cross streets, race, gender identity, and age. The survey yielded a spread of response rates geographically, with the Paramount Park and East Wheat Ridge neighborhoods supplying the most respondents and Anderson Park and Lutheran / Crown Hill neighborhoods contributing the fewest (Figure 1 below). These neighborhoods have been defined according to the City’s Let’s Talk program. 54 Figure 1. Map of respondents’ self-reported locations based on cross street data. Respondents also reported ethnic data that mapped closely onto the City’s 2022 Census Bureau estimates through the American Communities Survey. According to Census Bureau data, non- Hispanic White residents comprise 75% of Wheat Ridge’s overall population. 55 Figure 2. Respondents’ self-reported racial and ethnic backgrounds. The second largest population group represented in the Census data is Hispanic White residents (10%), then multiracial residents (10%). Female survey respondents were slightly overrepresented, making up just over 60% of respondents compared to 53% in the Census Bureau data. Figure 3. Respondents’ self-reported gender identity. Finally, the respondents skewed middle aged and older. Those that identified as over 65 years old comprised over one-quarter of the respondents while they make up only 20% of the Wheat Ridge population. 56 Figure 4. Respondents’ self-reported age. Defining Sustainability The survey asked participants to define sustainability in their own words, rank the Sustainability Action Plan focus areas, and offer both barriers and opportunities to implementation of the plan. Participants were informed that their responses would help shape the prioritization of strategy implementation in the Sustainability Action Plan. Figure 5 below displays many common words that respondents used to describe their definition of sustainability. Most prevalent were the words, “future,” “environment,” “community,” and “waste.” Put into context, these words underscore the concern Wheat Ridge residents have for the environmental impact of their lifestyles and the city broadly and the risk that impact has on the ability for the future Wheat Ridge community to thrive. Wheat Ridge residents emphasized the strong connection between their community and their local environment. 57 Figure 5. Commonly used words in respondents’ definitions of sustainability. Priority Focus Areas The next survey question asked participants to rank the Sustainability Action Plan’s focus areas in importance to the City or community’s sustainability. Table 2 below reveals a clear consensus on the top three priorities amongst Wheat Ridge residents: water conservation, waste diversion, and transportation options. Residents appeared more mixed about the latter focus areas, although most deemphasized the role of arts and culture. 58 Table 2. Survey respondents’ priority ranking of Sustainability Action Plan focus areas. Focus Area Rank Saving Colorado's limited water. 1 Reducing the amount of trash that enters the landfill. 2 Being able to take different transportation options in your day to day (bus, train, bike, walk, or maybe even an electric vehicle!). 3 Buildings that create less carbon emissions/pollution. 4 Fairness for all people and places when it comes to clean air, clean water, and green places to spend time. 4 Thriving local business and local jobs. 4 Reduce Wheat Ridge's reliance on coal and gas and make for a more resilient energy grid. 4 Education on how people can get involved in sustainability. 8 Creating understanding of sustainability, connection to solutions, and cohesion within the communities through arts and culture. 9 Participants were also offered the opportunity to elaborate on their rankings. Common themes included residents’ concern with a broadly defined environmental footprint and an acknowledgement of the interconnectedness of all the focus areas. For many, that broad definition encompasses pollution, cleaner green spaces, reducing the waste footprint, and water. Transportation, equity, and recycling were seen by some as opportunities for a stronger community. Similarly, several commented on the value of equity and education in advancing actions in other priority focus areas and that these are inherent to implementation. “Many of these are tied, but it's [a] forced choice. Fairness and reducing energy and water use are very important to me, but they don't happen without education and cultural cohesion” Other residents expressed frustration with the sense that the City may be overstepping their responsibilities or scope as a small suburban community. 59 Challenges and Barriers Participants cited many concerns that may be summed up in the following broad categories: 1.Behavioral change 2.Financial 3.Political Others cited the physical infrastructure of the City as a challenge, as well as technological barriers, moneyed interests such as fossil fuel companies with hidden agendas and misleading information, and the scale and scope of control of the problem in comparison to Wheat Ridge. Opportunities In contrast to the above challenges, participants also provided many opportunities for sustainability that may be summed up in the following broad categories: 1.Walkability and low carbon transportation options 2.Education, engagement, and providing opportunities for residents to get involved 3.Recycling and composting services and pickup days Another theme discussed in these opportunity responses was the split on regulatory versus incentive and personal choice approaches by the City. Additionally, many expressed a desire to see the City lead and act with concrete steps and a strong presence in the community. 60 ITEM NO: 5 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM PROPERTY OWNERS ADJACENT TO THE INTERSECTION OF 26TH AVENUE AND HARLAN STREET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: City staff is working with the City of Edgewater to design and construct a roundabout at the intersection of 26th Avenue and Harlan Street. A roundabout would slow speeding vehicles, improve opportunities for pedestrians to cross 26th Avenue and enhance the existing bike lanes along 26th Avenue. It is necessary to acquire portions of private property in order to construct the roundabout. Temporary easements for use during construction are also required. Two of the properties where land is needed are located in Wheat Ridge. Therefore, the needed land must be accepted by the city as permanent and temporary easements. PRIOR ACTION: At the August 5, 2024, City Council Study Session, staff presented an overview on roundabouts including a summary of the proposed project. FINANCIAL IMPACT: Both impacted properties have agreed to donate the needed land and temporary construction easements in exchange for some on-site improvements. The estimated cost of the improvements to private property is approximately $21,500. Council Action Form – Acceptance of Rights-of-Way and Temporary Easements October 14, 2024 Page 2 The current Engineer’s Estimate for the construction project is $769,000 (including a 20% contingency). The total estimated project cost including professional services, construction, and the property considerations mentioned previously is $987,000. Wheat Ridge would be responsible for 50% of these costs or approximately $493,500. Funding from the 2J bonds will be used to reimburse Edgewater for these improvements. BACKGROUND: West 26th Avenue is shared in part with the City of Edgewater who developed a 2019 Traffic Calming and Walkability Plan. As a part of that Plan, Edgewater engaged the community to look at opportunities to improve Harlan Street and 26th Avenue. Managing traffic speeds, enhancing the existing east-west bike and bus routes, and providing additional pedestrian crossings were frequently cited as concerns and desires from the public. In response, Edgewater initiated a project to design and construct a roundabout at the intersection of 26th Avenue and Harlan Street as well as a raised median on 26th Avenue at Depew Street. Generally, from the centerline of 26th Avenue to the north is located within the City of Wheat Ridge. City staff have worked collectively to develop the design drawings and is recommending funding support of this effort in the amount of 50% of costs. An intergovernmental agreement between Wheat Ridge and Edgewater is being developed and will be presented to the City Council for consideration at a future Council meeting. To construct the roundabout, it is necessary to acquire several portions of private property from three properties located adjacent to the northwest, northeast, and southeast corners of the intersection. The properties located in the northwest and northeast corners are in Wheat Ridge. Therefore, it is necessary for the city to accept the private land as permanent easements and temporary easements. The temporary construction easements will be utilized only for the duration of the construction project. The property owners will not require payment but, instead, will receive various improvements on their properties in consideration for their donation of the needed land. The details of each parcel are summarized in the table below. The proposed improvements for each property are shown graphically in the attached easement documents. Address Permanent ROW Area (sf) Temporary Easement Area (sf) Considerations 6001 W 26th Ave 255 202 • 4-foot high, wood fencing • Cleanup & trimming of trees • Cleanup of weeds/debris 2600 N Harlan St 330 590 • Removal of bushes and existing sign • Installation of new sign Construction Schedule The City of Edgewater will issue a contract for construction of the improvements and oversee construction. Bids will be solicited in November 2024 with construction likely commencing in early-2025 with completion in late-Spring 2025. Council Action Form – Acceptance of Rights-of-Way and Temporary Easements October 14, 2024 Page 3 RECOMMENDATION: Staff recommends that the City accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street. RECOMMENDED MOTION: “I move to accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street.” Or, “I move to not accept permanent easements and temporary construction easements from property owners adjacent to the intersection of 26th Avenue and Harlan Street for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. 6001 W 26th Avenue Easement documents 2. 2600 Harlan Street Easement documents 3. Roundabout Schematic – 26th Ave & Harlan Street 4. Raised Median Schematic – 26th Ave & Depew Street 1 PERMANENT EASEMENT THIS PERMANENT EASEMENT ("Easement") is granted this _____ of _______ 2024, by USS SLOANS LLC the property owners of 6001 W. 26th Ave., Wheat Ridge, Colorado ("Grantor"), to the CITY OF WHEAT RIDGE, a Colorado municipal corporation and home rule city of the State of Colorado, with an address of 7500 W. 29th Ave. Wheat Ridge, Colorado, 80333, ("Grantee" or "City"). For and in consideration of the landscape work depicted and described in Exhibit B and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants, conveys and warrants unto Grantee, its contractors, subcontractors, and its successors and assigns, a perpetual easement in, on, over, under, and through that real property which is legally described and depicted in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area"), which real property is located in the City of Wheat Ridge, State of Colorado, for the purpose of the construction, maintenance, operation, repair, replacement or reconstruction of sidewalks and roundabouts and related appurtenances within the Easement Area ("Improvements"). Except to the extent necessary to construct the Improvements and to perform the work described in Exhibit B and as necessary to achieve the purposes of this Easement, Grantee shall cause the repair and/or restoration of any and all damage caused by Grantee, its agents, contractors, subcontractors, licensees, or invitees to the Easement Area during construction of the Improvements, and shall replace, at nearby locations on the Grantor's property, any landscaping that was removed as a result of the Improvements. All obligations of the Grantee are subject to prior appropriation of monies expressly made by City Council and paid into the treasury of the City. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of the Easement Area subject to the terms of this Easement. Grantee shall not access any other property of Grantor. Grantor shall have the right to use and enjoy the Easement Area, subject to the rights herein granted. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, or other structures over, under on or across the Easement Area without prior written consent of Grantee's City Manager. Nothing herein shall impair Grantee's police powers. Grantor further understands and agrees that with respect to the Easement Area, all laws, ordinances and regulations pertaining to streets, sidewalks and public places shall apply so that the public use of the Improvements and the Easement Area is consistent with the use and enjoyment of any dedicated public right of-way. In the event the terms of this Easement are violated, such violation shall immediately be corrected by Grantor upon receipt of written notice from the City or, if Grantor does not correct the violation within the time designated in such notice, the City may elect to correct or eliminate such violation at the Grantor's expense. The Grantor shall promptly reimburse the City for all costs and expenses incurred by the City in enforcing the terms of this Easement. ATTACHMENT 1 2 The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Easement are a covenant running with the land and shall extend to, and be binding upon, the successors and assigns of Grantor and Grantee. GRANTOR: USS SLOANS, LLC Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of ________________________. ____________________________________ Notary public My commission expires: ________________ GRANTEE: CITY OF WHEAT RIDGE Signature: ___________________________________ Bud Starker, Mayor ATTEST: ____________________________________ 3 Margy Greer, Sr. Deputy City Clerk APPROVED AS TO FORM: ____________________________________ Gerald Dahl, City Attorney 4 Exhibit B Landscape work detailed: • New 4’ wood fence (yellow box areas) • Cleanup and trimming of trees alone fence line (red box area) • Cleanup of weeks/debris in front of fence on W. 26th Ave. side Upon completion of the above work, Grantee (the City) assumes no continuing obligation to monitor or maintain any installed or relocated improvements upon Grantor’s property, living or otherwise. Such ongoing obligations rest solely with Grantor, its heirs, successors and assigns. 1 TEMPORARY EASEMENT THIS TEMPORARY EASEMENT ("Easement") is granted this _____ of _______ 2024 (“Effective Date”), by USS SLOANS LLC, a Colorado limited liability company with an address of 1700 Ingalls St, Lakewood, Colorado, 80214 and the property owner of 6001 W. 26th Ave., Wheat Ridge, Colorado ("Grantor"), to the CITY OF WHEAT RIDGE, a Colorado municipal corporation and home rule city of the State of Colorado, with an address of 7500 W. 29th Ave. Wheat Ridge, Colorado, 80333 ("Grantee" or "City"). For and in consideration of commercial landscape work depicted in Exhibit B and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants, conveys and warrants unto Grantee, its contractors, subcontractors, and its successors and assigns, a temporary easement in, on, over, under, and through that real property which is legally described and depicted in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area"), which real property is located in the City of Wheat Ridge, State of Colorado, for the purpose of the construction of sidewalks and roundabouts and related appurtenances within the Easement Area ("Improvements") and construction-related activities. Except to the extent necessary to construct the Improvements and as necessary to achieve the purposes of this Easement, Grantee shall cause the repair and/or restoration of any and all damage caused by Grantee, its agents, contractors, subcontractors, licensees, or invitees to the Easement Area during construction of the Improvements. All obligations of the Grantee are subject to prior appropriation of monies expressly made by City Council and paid into the treasury of the City. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of the Easement Area subject to the terms of this Easement. Grantee shall not access any other property of Grantor. Grantor shall have the right to use and enjoy the Easement Area subject to the rights herein granted During the term of this Temporary Easement, Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, or other structures over, under on or across the Easement Area that would frustrate the purpose hereof. Nothing herein shall impair Grantee's police powers. This Temporary Easement shall terminate upon written notice from the Grantee that the construction work has been completed and the purpose of this easement fulfilled or on August 1, 2025, whichever is first to occur. In the event the terms of this Easement are violated, such violation shall immediately be corrected by Grantor upon receipt of written notice from the City or, if Grantor does not correct the violation within the time designated in such notice, the City may elect to correct or eliminate such violation at the Grantor's expense. The Grantor shall promptly reimburse the City for all costs and expenses incurred by the City in enforcing the terms of this Easement. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Easement are a covenant running with the land and shall extend to, and be binding upon, the successors and assigns of Grantor and Grantee. GRANTOR: USS SLOANS, LLC Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ 2 Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of USS Sloans, LLC. ____________________________________ Notary public My commission expires: ________________ GRANTEE: CITY OF WHEAT RIDGE Signature: ___________________________________ Bud Starker, Mayor ATTEST: ___________________________________, Margy Greer, Sr. Deputy City Clerk APPROVED AS TO FORM: ____________________________________ Gerald Dahl, City Attorney 3 Exhibit B Landscape work detailed: • New 4’ wood fencing (yellow box areas) • Cleanup and trimming of trees alone fence line (red box area) • Cleanup of weeks/debris in front of fence on W. 26th Ave. side Upon completion of the above work, Grantee (the City) assumes no continuing obligation to monitor or maintain any installed or relocated improvements upon Grantor’s property, living or otherwise. Such ongoing obligations rest solely with Grantor, its heirs, successors and assigns. 1 PERMANENT EASEMENT THIS PERMANENT EASEMENT ("Easement") is granted this _____ of _______ 2024, by EDYTHBELLE BETTGER LIVING TRUST, THE FAMILY TRUST OF GEORGE A BETTGER, ANNA KATHRYN POULIGNOT, SAMMY WAYNE POULIGNOT, AND ANTHONY G & JUDY P WIESE LIVING TRUST, the property owners of 2600 Harlan Street, Wheat Ridge, Colorado ("Grantor"), to the CITY OF WHEAT RIDGE, a Colorado municipal corporation and home rule city of the State of Colorado, with an address of 7500 W. 29th Ave. Wheat Ridge, Colorado, 80333, ("Grantee" or "City"). For and in consideration of the landscape work depicted and described in Exhibit B and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants, conveys and warrants unto Grantee, its contractors, subcontractors, and its successors and assigns, a perpetual easement in, on, over, under, and through that real property which is legally described and depicted in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area"), which real property is located in the City of Wheat Ridge, State of Colorado, for the purpose of the construction, maintenance, operation, repair, replacement or reconstruction of sidewalks and roundabouts and related appurtenances within the Easement Area ("Improvements"). Except to the extent necessary to construct the Improvements and to perform the work described in Exhibit B and as necessary to achieve the purposes of this Easement, Grantee shall cause the repair and/or restoration of any and all damage caused by Grantee, its agents, contractors, subcontractors, licensees, or invitees to the Easement Area during construction of the Improvements, and shall replace, at nearby locations on the Grantor's property, any landscaping that was removed as a result of the Improvements. All obligations of the Grantee are subject to prior appropriation of monies expressly made by City Council and paid into the treasury of the City. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of the Easement Area subject to the terms of this Easement. Grantee shall not access any other property of Grantor. Grantor shall have the right to use and enjoy the Easement Area, subject to the rights herein granted. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, or other structures over, under on or across the Easement Area without prior written consent of Grantee's City Manager. Nothing herein shall impair Grantee's police powers. Grantor further understands and agrees that with respect to the Easement Area, all laws, ordinances and regulations pertaining to streets, sidewalks and public places shall apply so that the public use of the Improvements and the Easement Area is consistent with the use and enjoyment of any dedicated public right of-way. In the event the terms of this Easement are violated, such violation shall immediately be corrected by Grantor upon receipt of written notice from the City or, if Grantor does not correct the violation within the time designated in such notice, the City may elect to correct or eliminate such violation at the Grantor's expense. The Grantor shall promptly reimburse the City for all costs and expenses incurred by the City in enforcing the terms of this Easement. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Easement are a covenant running with the land and shall extend to, and be binding upon, the successors and assigns of Grantor and Grantee. GRANTORS: EDYTHBELLE BETTGER LIVING TRUST Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ ATTACHMENT 2 2 THE FAMILY TRUST OF GEORGE A BETTGER Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ ANTHONY G & JUDY P WIESE LIVING TRUST Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of ________________________. ____________________________________ Notary public My commission expires: ________________ 3 GRANTORS: ANNA KATHRYN POULIGNOT Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ SAMMY WAYNE POULIGNOT Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of ________________________. ____________________________________ Notary Public My commission expires: ________________ 4 GRANTEE: CITY OF WHEAT RIDGE Signature: ___________________________________ Bud Starker, Mayor ATTEST: ____________________________________ Stephen Kirkpatrick, City Clerk APPROVED AS TO FORM: ____________________________________ Gerald Dahl, City Attorney 5 Exhibit B Landscape work detailed: •Removal of bushes and sign (red box area) •New post and panel sign to be built to the east of existing sign, location to be agreed upon, style will be similar to image below 6 Upon completion of the above work, Grantee (the City) assumes no continuing obligation to monitor or maintain any installed or relocated improvements upon Grantor’s property, living or otherwise. Such ongoing obligations rest solely with Grantor, its heirs, successors and assigns. 1 TEMPORARY EASEMENT THIS TEMPORARY EASEMENT ("Easement") is granted this _____ of _______ 2024, (“Effective Date”), by EDYTHBELLE BETTGER LIVING TRUST, THE FAMILY TRUST OF GEORGE A BETTGER, ANNA KATHRYN POULIGNOT, SAMMY WAYNE POULIGNOT, AND ANTHONY G & JUDY P WIESE LIVING TRUST, the property owners of 2600 Harlan Street, Wheat Ridge, Colorado ("Grantor"), to the CITY OF WHEAT RIDGE, a Colorado municipal corporation and home rule city of the State of Colorado, with an address of 7500 W. 29th Ave. Wheat Ridge, Colorado, 80333 ("Grantee" or "City"). For and in consideration of commercial landscape work depicted in Exhibit B and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants, conveys and warrants unto Grantee, its contractors, subcontractors, and its successors and assigns, a temporary easement in, on, over, under, and through that real property which is legally described and depicted in Exhibit A attached hereto and incorporated herein by this reference ("Easement Area"), which real property is located in the City of Wheat Ridge, State of Colorado, for the purpose of the construction of sidewalks and roundabouts and related appurtenances within the Easement Area ("Improvements") and construction-related activities. Except to the extent necessary to construct the Improvements and as necessary to achieve the purposes of this Easement, Grantee shall cause the repair and/or restoration of any and all damage caused by Grantee, its agents, contractors, subcontractors, licensees, or invitees to the Easement Area during construction of the Improvements. All obligations of the Grantee are subject to prior appropriation of monies expressly made by City Council and paid into the treasury of the City. Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of the Easement Area subject to the terms of this Easement. Grantee shall not access any other property of Grantor. Grantor shall have the right to use and enjoy the Easement Area subject to the rights herein granted During the term of this Temporary Easement, Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, or other structures over, under on or across the Easement Area that would frustrate the purpose hereof. Nothing herein shall impair Grantee's police powers. This Temporary Easement shall terminate upon written notice from the Grantee that the construction work has been completed and the purpose of this easement fulfilled or on August 1, 2025, whichever is first to occur. In the event the terms of this Easement are violated, such violation shall immediately be corrected by Grantor upon receipt of written notice from the City or, if Grantor does not correct the violation within the time designated in such notice, the City may elect to correct or eliminate such violation at the Grantor's expense. The Grantor shall promptly reimburse the City for all costs and expenses incurred by the City in enforcing the terms of this Easement. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Easement are a covenant running with the land and shall extend to, and be binding upon, the successors and assigns of Grantor and Grantee. GRANTORS: EDYTHBELLE BETTGER LIVING TRUST Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ 2 THE FAMILY TRUST OF GEORGE A BETTGER Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ ANTHONY G & JUDY P WIESE LIVING TRUST Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of ________________________. ____________________________________ Notary public My commission expires: ________________ 3 GRANTORS: ANNA KATHRYN POULIGNOT Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ SAMMY WAYNE POULIGNOT Signature:__________________________________ Printed Name:_______________________________ Title:______________________________________ STATE OF ___________________________) ) ss. COUNTY OF _________________________) The foregoing instrument was acknowledged before me this ____ day of ___________, 2024, by __________________________ , as [title] _________________ of ________________________. ____________________________________ Notary Public My commission expires: ________________ 4 GRANTEE: CITY OF WHEAT RIDGE Signature: ___________________________________ Bud Starker, Mayor ATTEST: ____________________________________ Stephen Kirkpatrick, City Clerk APPROVED AS TO FORM: ____________________________________ Gerald Dahl, City Attorney 5 Exhibit B Landscape work detailed: x Removal of bushes and sign (red box area) x New post and panel sign to be built to the east of existing sign, location to be agreed upon, style will be similar to image below 6 Upon completion of the above work, Grantee (the City) assumes no continuing obligation to monitor or maintain any installed or relocated improvements upon Grantor’s property, living or otherwise. Such ongoing obligations rest solely with Grantor, its heirs, successors and assigns. TR TR W 26TH AVE W 26TH AVE N H A R L A N S T N H A R L A N S T N H A R L A N A N D W 2 6 T H A V E RO U N D A B O U T NO T F O R C O N S T R U C T I O N MAR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 MA I N 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M CO N C E P T U A L D E S I G N E X H I B I T ATTACHMENT 3 W 26TH AVE N D E P E W S T NO T F O R C O N S T R U C T I O N MAR T I N /M AR T I N C O N S U L T I N G E N G I N E E R S 12 4 9 9 W E S T C O L F A X A V E N U E , L A K E W O O D , C O L O R A D O 8 0 2 1 5 MA I N 3 0 3 . 4 3 1 . 6 1 0 0 M A R T I N M A R T I N . C O M DE P E W A N D W 2 6 T H A V E TR A F F I C C A L M I N G CO N C E P T U A L D E S I G N E X H I B I T ATTACHMENT 4 ITEM NO: 6 DATE: October 14, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE NOVEMBER 4, 2024 CITY COUNCIL STUDY SESSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The City Council Study Session of November 4, 2024, currently coincides with the week of the upcoming November 2024 Election. The City of Wheat Ridge has signed an IGA to run a concurrent election with Jefferson County. The Wheat Ridge City Council Chambers is an advertised Jefferson County polling place. As such, the City Council Chambers will require election equipment, election judges, and the utmost security to ensure a valid election, free from protest. It is for these reasons that staff and the City Clerk’s office request to cancel the November 4, 2024, City Council Study Session. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the City Council Study Session scheduled for November 4, 2024. RECOMMENDED MOTION: “I move to cancel the November 4, 2024 City Council Study Session.” Or, “I move to not cancel the November 4, 2024, City Council Study Session for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager