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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 10-26-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO October 26, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on October 26, 2020 ) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 990 1756 6706 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. 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 PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES City Council minutes of October 12, 2020 APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK CITY COUNCIL AGENDA: October 26, 2020 Page -2- a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens 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. Citizens 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution No. 52-2020 - a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2021 Budget Year ORDINANCES ON FIRST READING 2. Referral of ordinance 1691, series 2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue DECISIONS, RESOLUTIONS AND MOTIONS 3. Resolution No. 53-2020 - a resolution levying general property taxes for the year 2020, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2021 budget year 4. Resolution No. 54-2020 - a resolution requesting transfer of title ownership of Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park from Jefferson County to the City of Wheat Ridge 5. Resolution No. 55-2020, a resolution approving an amendment to the grant agreement with Great Outdoors Colorado for the Prospect Park Phase II Project CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 12, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone; Wheat Ridge Police Division Chief Dave Pickett, Wheat Ridge Police Division Chief Jim Lorentz; and Police Chief Chris Murtha, Planning Manager, Lauren Mikulak, Scott Cutler, Planner II, Mark Westberg, Project Manager; Nathan Laudick with Workshop Colorado; Deb Bitner, The Family Tree, other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. National Domestic Violence Awareness Month Mayor Starker stated that the City of Wheat Ridge joins with others across Colorado and the nation, in supporting victims of domestic violence and shares the worthy goals of this month-long observance and proclaimed October as Domestic Violence Awareness Month. Ms. Deb Bitner of the Family Tree attended and gracefully accepted the proclamation on behalf of all who support survivors of domestic violence. City Council Minutes October 12, 2020 page 2 Proclamation for Division Chief Dave Pickett Retirement Mayor Starker proclaimed appreciation to Division Chief Dave Pickett, for his 36 years of service to the City of Wheat Ridge. He listed many of his accomplishments during those years of service to the people of Wheat Ridge and his teammates at the WRPD. Proclamation for Detective Patrick McDaniel Retirement Mayor Starker expressed the cities sincere gratitude to Detective McDaniel for his 14 years of service which included his commitment to the community by participating in several Special Olympics of Colorado events, including the Polar Plunge and the Torch Run. APPROVAL OF MINUTES Without objection or corrections, the City Council Minutes of September 28, 2020 along with Special Study Session Notes of September 28, 2020, Study Session Notes of September 21, 2020 and October 5, 2020 were approved as published without changes or objections. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:19 PM. Nobody came forward to speak on items NOT on the agenda. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). All comments entered into Wheat Ridge Speaks for this meeting addressed agenda item 2, so those comments appear in that section of these minutes. CONSENT AGENDA There were none of these items for this meeting. City Council Minutes October 12, 2020 page 3 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:03 PM 1. Council Bill No. 18-2020 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi- judicial public hearings Councilmember Stites introduced Council Bill 18-2020. Requirements for the notice of public hearings are provided in the City Charter and in Chapter 26 of the Code of Laws. This includes notice by sign and letter as well as publication in the newspaper and on the City’s website. The purpose of this code amendment is to modify current practice related to sign and letter notice, specifically: • To increase the number of posted signs required based on frontage length and parcel configuration, and • To increase the letter notice radius from 300 feet to 600 feet for public hearings. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1698 Planning Manager Lauren Mikulak presented to the Council a review of discussions during previous council meetings that have addressed this issue. The following items were reviewed: Sign Notice: The code currently requires that properties have one sign per street frontage, and said sign(s) must be located within the subject property boundaries. These requirements are common in other jurisdictions as well. Letter Notice: Letter notice for public hearings is sent to the owners of property within 300 feet of the boundary of the subject property. This distance is on the lower end of the spectrum as compared with other metro area communities. What’s more notable, however, is how this distance compares to the letter notice for neighborhood meetings—a neighborhood meeting mailer has twice the distance with a radius of 600 feet. Public Comment Nobody came forward to speak on this item. City Council Minutes October 12, 2020 page 4 Council Questions and comments Council had no further questions or comments. Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve Council Bill No. 18-2020 an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, on second reading, and that it takes effect 15 days after final publication, seconded by Councilmember Hoppe, motion carried 8-0 2. Resolution No. 49-2020 – A Resolution approving a major subdivision plat on property zoned Residential-One (R-1) and located at the northwest corner of W. 32nd Avenue and Kipling Street Councilmember Weaver introduced Resolution No. 49-2020. The applicant is requesting approval of a major subdivision for property located at the northwest corner of W. 32nd Avenue and Kipling Street that is 6.85 acres in size. The purpose of this subdivision request is to establish lot lines, tracts, easements, and right-of-way dedication of a new public street for a 14-lot single-family home development, permitted by the Residential-One (R-1) zone district. Mayor Starker opened the public hearing at 7:47 p.m. (Two speakers from the public and staff were asked to attest that they have and will speak the truth.) Staff Presentation by Scott Cutler, Planner II with the City of Wheat Ridge: Mr. Cutler gave a detailed presentation and spoke on how the planning commission heard the request at a public hearing on October 1, 2020 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. He stated the purpose of a subdivision plat is not to review specific site plan or archi- tecttural details, but rather to confirm appropriate lot configuration, access, rights-of- way, easements, and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. The plat will allow each lot in the subdivision to be sold separately and allow single-family home construction to proceed. He also spoke on the following subjects: • Financial impact • Background • Lot Configuration City Council Minutes October 12, 2020 page 5 • Easements • Required Agreements • Drainage Public Comment Scott Abel, 10270 W 32nd Ave. Called to express concerns about the traffic flow if this resolution is approved. He observed two accidents this past weekend. He stated that lot 11 is not a buildable space due to the grade. Melody Mascarenes, 62 Hillside Drive. Her family has lived across 32nd Avenue from the planned subdivision for 20 plus years. She described the area around the subdivision. She is concerned that the new buildings will block views of those homes located uphill and that the developer may or may not keep the existing trees. Traffic is also a strong concern for Melody and her neighbors. “I believe that safety would improve with the addition of a deceleration lane and make it safer for cyclists.” She implored the developer to take safety measures to protect the current residents, especially small children. She is also concerned that this will be a long-term incon- venience for the residents. (Ms.) Jesse Bryant, 3250 Miller St. which abuts the planned subdivision. She called to express concern that 14 single-family homes is a lot of buildings for a property with that much slope. She is concerned that her privacy will be compromised with homes above hers on the hillside that will have views into her backyard and windows. She is concerned about the drainage and high water table in that area, with the addition of so many homes and other impermeable surfaces. She echoed the concerns previously expressed about traffic flow and cyclist safety. She would prefer to have 6 single-family homes at most. Michelle Cotton, 10310 W. 33rd. Ave., expressed concerns about traffic, including traffic during construction and about the drainage and flooding potential for the neighbors downhill. She also expressed concerns that the surveying of the lot lines appearing in the current documentation is erroneous and should be verified. Meghan Schleicher, 10315 W. 33rd. Ave. She came to express her concerns that we really look carefully at the plat before Council. We are also concerned about traffic at 32nd. Ave and Kipling St., including pedestrians and cyclists. We believe there should be changes to the traffic flow. There will also be erosion and flooding risks from the drainage changes the development will cause. We also think that 14 homes is over- development contrary to the citizens’ desires to maintain a rural atmosphere. A better solution needs to be considered for the Rocky Mountain Ditch and drainage. The only solution I see is that this space should be a park, not a new subdivision. A park would not only add a space for dog exercise but also preserve the open space for public use. Stan Koniz, 10100 W. 33rd Ave., and the development is in his backyard. We are concerned that the ditch company wants to remove 8 cottonwood trees. How can we City Council Minutes October 12, 2020 page 6 make these changes in Tree City, USA? There is also a concern about the amount of fill dirt that will be required; he estimates a total of 2,000 truckloads of fill dirt. That will mean a lot of traffic, noise and dust. Suzanne Schuett, 3330 Parfet St. She shares the other speakers concerns and will not repeat them. We are peacemealing the wetlands across the City. This project will further impact existing wetlands for quite a distance from the actual development proposed. All of the wildlife that live in the area will be negatively impacted and displaced. We need a holistic view and plan for the wetlands we enjoy in Wheat Ridge. I urge Council to take a wider, longer-term view of wetlands. We are also concerned that construction vehicles will ignore rights of way, drive too fast and endanger residents, especially children. We are also concerned that the water pressure is already too low in that area and this development will exacerbate that problem. Dan Frayre, 3351 Kipling, just north of this proposed subdivision. Called to express concern that he will be forced to pay for a new sidewalk adjacent to his property. Steve Merritt, 10395 W. 33rd. Ave. He echoed the previously expressed concerns about flooding, drainage, traffic, and safety. He wants more clarification of what will happen to the Rocky Mountain Ditch and the trees along that easement. We need to look at a longer-term view of development and open space across Wheat Ridge, not piece meal. There also needs to be remediation of the cyclist safety issues. We need to pause and discuss these details in more depth. Syrma Quinones, 10270 W. 33rd. Avenue. We have major concerns about the construction plan, erosion, drainage and the future of the ditch. We need noise relief during construction. We oppose the removal of the cottonwood trees along the ditch. Those of us who own land north of the ditch see these changes as negatively impacting wildlife, privacy and drainage. We are concerned that the current mitigation of drainage provided by the cottonwoods would be negated and that homeowners nearby could face expensive impacts. Regarding Lot 5, which is different from the previous maps, look like there is insufficient space to build a home on that tiny lot without a retaining wall. Are we trying to squeeze too many homes into that small area? We have already invested in staying in Wheat Ridge, and what will the City do to address our ongoing concerns? The following comments appeared in Wheat Ridge Speaks with respect to this item. I would like to suggest that this land remain the way it is. I loved seeing the animals grazing. It reminded me of what wheat ridge use to be farmland. We don’t need any more housing in the area. As it is there is always a long line of traffic on 32nd Ave and Kipling heading east. There was just a big addition of subdivisions added about a mile from this location. I think the land is better used for it was being used and that is grazing and livestock. 10/08/2020 9:58 am City Council Minutes October 12, 2020 page 7 Jose Octavio Gonzalez 10320 W 32nd Ave Wheat Ridge , 80033 This plot of land has been up for development approval previously with many citizens opposing a big development on the site. The current proposal is smaller but due to the amazing view, I can imagine the homes will be high priced and not in price range that so many of our citizens can afford. We need more affordable homes in Wheat Ridge. My son cannot afford any homes in Wheat Ridge but was able to purchase one in Lakewood. The other objection that I have is the traffic the development will cause especially during rush hour. On an icy morning, the hills on Kipling and 32nd will be more dangerous due to traffic trying to enter those streets close to the intersection. 10/09/2020 7:44 pm Elizabeth Capritta 3500 Estes St. Wheat Ridge, 80033 I live on 33rd avenue just north of this planned development. I support R-1 development if this corner cannot be made into a park or other better use of this space. I do have concerns about the impact on traffic - construction traffic immediately and housing traffic after that. The corner at 32nd and Kipling has been dangerous for a long time and I haven't seen sufficient solutions proposed to improve that as traffic increases. The impact on current residents in terms of additional travel time, safety, and lack of plans for improvement is unacceptable. I also worry that the development will have impact on the water drainage and impact on the older homes just north and downhill from the development. There should be a plan to ensure the homes downhill are not significantly impacted and if there are unintended consequences there should be a security fund for solutions. Then there is the issue of the number of lots on this oddly shaped property that has me concerned. I do know measurements are calculated but I have concerns that the measurements have not been verified and once the homes are built there will be no sufficient remedy to fix them at that point. Finally, the issue of privacy should be addressed as I have learned the land berm will be graded instead of reinforced with a wall. This puts the new homes looking directly into the homes of the opposite neighbors. The older home berms prevent this problem from existing and I would rather the berm stay in place. 10/12/2020 12:01 pm Meghan Schleicher 10315 west 33rd Ave Wheat Ridge, 80033 This project has tried to cram too many homes in the allotted footprint. Homes that will not be within the existing character of the neighborhood. The large majority of homes are single story ranches not built to the 35-foot max that we expect these to be. I am concerned that the property math is not accurate. When I asked the planning commission about this, I was told that the ditch easement was included in the lot size square footage. When looking at the developers plans. the property lines appear to be up to my property line on the north City Council Minutes October 12, 2020 page 8 side of the ditch. It was stated by the planning commission that the property line is midline of the ditch. I am concerned about the 20 ft easement being included into lot sq footage just make the 12, 500 lot size for R1- also lot 5 has a 25 ft road frontage that does not seem to comply with the 100ft lot width requirement. When I look at property lines for other ditch bordering properties, they appear to not include the ditch easement in the total lot acreage. why does this development get to include non-buildable land? This subdivision would be much more acceptable with a few less lots and not the crammed in footprint. This is the opportunity to discuss with the property owner of 10001 W 32nd. the option of expanding the sidewalk along the north side of Kipling, from the hard corner, going west to the project boundary line. The way it is planned now the developed property will have 6ft wide sidewalks along its boundary but currently the 10001 property has only a 2ft sidewalk. I understand that the property owner cannot be forced to do this, but if as the developer’s representative stated during the planning commission, the owner of 10001 is thrilled with the development then I would assume that they would be amenable to this safety improvement. It would also go a long way for community relations. The adjoining homeowners also have a lot of concerns about the terracing and grading necessary, the construction debris, the construction traffic. Any mitigation to the previous wetland that existed there, high water table issues, shifting soils and weight impacting our property, etc. and a hodgepodge of privacy fencing put up by future property owners. Please vote no on this and send it back to planning for these questions to be properly addressed. Michelle Cotton 10310 w 33rd Ave. 10/12/2020 11:59 am Michelle Cotton 10310 w 33rd Ave WR, 80033 End of comments on this item entered into Wheat Ridge Speaks. Council Questions and comments Councilmember Hoppe asked staff give us a description of a plat approval process vs. a zoning change. Mr. Johnstone responded with detailed information, including the next steps in the process that will review the civil engineering for grading, drainage, retaining walls and the suitability of the individual lots for development. He assured those who called that their comments will be kept front of mind during this process. Councilmember Stites asked whether this issue will come back to Council. Mr. Johnstone explained that this is the final Council step, but that staff will diligently address some of the issues raised this evening. After tonight, this proposed development will not come before Council again. Councilmember Stites also asked detailed questions about a deceleration lane and whether a traffic study has been done. Mark Westberg replied that a traffic study is not necessary because 14 homes does not generate enough traffic to warrant a study. He City Council Minutes October 12, 2020 page 9 also asked about bike safety issues, and how that will be addressed. Mr. Westberg responded that driver awareness and signage will ameliorate these safety issues. Councilmember Stites also asked about the impact on privacy and the removal of cottonwood trees along the ditch. The Rocky Mountain Ditch does not want to remove trees north of the ditch; only trees on the south side of the ditch. Mr. Cutler said that the City has no authority over the easement for the ditch. He also explained details about the plans for sidewalks; no current residents will be required to build sidewalks unless they re-develop their property in the future. Councilmember Stites also asked for a report on what the allowable construction hours will be. Mr. Johnstone replied generally 7 AM to 7 PM seven days a week except for certain construction activities disallowed on weekends. Mr. Westberg also added that there will be a required staging area on site; no construction personnel or vehicle parking will occur along either Kipling or 32nd. Councilmember Weaver thanked Scott for his explanations. She also commented that cottonwood trees consume massive amounts of water from the ditch that carries agricultural water. She asked what property owners’ rights are in terms of keeping trees on the north side of the ditch. Nathan Laudick responded that any tree on the north side of the ditch will not be touched. Councilmember Weaver also asked why some of the property lines lie in the middle of the ditch and others stop at the edge of the easement. Mr. Cutler gave a detailed and technical answer. Councilmember Hoppe asked for explanation of the building plan; will a model home go up first or will the whole subdivision go up at once? She also asked about mitigation of cyclist safety especially near the intersection of 32nd and Kipling. Mr. Laudick replied that the current plan is to begin with Lots 1 and 2, and build custom homes as buyers come online. He also commented that their plan takes construction traffic into account. The developer is willing to help with whatever signage will ease cyclists’ safety concerns. What is the distance along the additional Hillside Drive from 32nd Ave to the end of the cul-de-sac? Councilmember Urban asked that question because it relates to fire safety. The answer was 744 feet, which the West Metro Fire District has approved. Councilmember Hultin asked whether a City park is feasible. She also asked what the requirements are for planting new trees on the new subdivision lot. Mr. Cutler gave a detailed answer. Councilmember Hultin also asked about how the plan will ensure stabilization of the ground and the drainage issues residents have highlighted. Mr. Westburg gave a detailed and technical answer. She also asked about a privacy fence along the north side of the property. Mr. Cutler replied that the maximum allowable height for a fence per City code is six feet. City Council Minutes October 12, 2020 page 10 Councilmember Hutchinson recommended that the required tree plantings should be a diversity of species so that a blight cannot lead to removal of all of the new trees. Mayor Starker closed the public hearing. Motion by Councilmember Weaver to approve Resolution No. 49-2020, a resolution approving a major subdivision plat on property zoned Residential-One (R-1) and located at the northwest corner of W. 32nd Avenue and Kipling Street for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit for each individual lot. 2. The developer shall enter into a Subdivision Improvement Agreement and a lot sale restriction covenant agreement prior to recordation of the subdivision plat. 3. Prior to issuance of building permits, the developer shall provide owner association covenants for review by staff. Seconded by Councilmember Hoppe, motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at 9:08 pm. 3. Council Bill No. 19-2020 - An Ordinance approving the rezoning of property located at the southeast corner of West I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) Councilmember Dozeman introduced Council Bill 19-2020. The applicant is requesting approval of a zone change from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan for property located at the southeast corner of W. I-70 Frontage Road North and Ward Road. The zone change will allow for a variety of commercial, residential, and recreational uses on the property. Motion by Councilmember Dozeman to approve Council Bill 19-2020 - an ordinance approving the rezoning of property located at the southeast corner of West I-70 City Council Minutes October 12, 2020 page 11 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP), on first reading for the sole purpose of ordering it published for a public hearing set for November 9, 2020 at 7 p.m. as a virtual meeting, and if adopted, that it take effect 15 days after final publication; seconded by Councilmember Stites; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 9:13 PM 4. Motion to approve appointment to a City Council District III vacancy on the Cultural Commission Discussion began at approximately 7: PM Councilmember Weaver introduced the motion. Due to the recent resignation of Deborah Warren, a City Council District III seat on the Cultural Commission is vacant. The term of this position ends on March 2, 2023. Council Questions – none. Motion by Councilmember Weaver, seconded by Councilmember Stites to appoint Lisa Streisfeld, to the Cultural Commission for District III to fill the vacancy, term ending March 2, 2023, seconded by Councilmember Stites; motion carried 8-0 5. Resolution No. 50-2020 – A Resolution concerning the acquisition and acceptance of nine properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes Councilmember Hultin introduced the Resolution. The proposed improvements to Wadsworth Boulevard require that additional right-of- way (ROW) be purchased to allow for the construction of public improvements. In order to facilitate the acquisition of ROW from nine properties along Wadsworth Boulevard that have stalled in negotiations, the authority to use the City’s power of eminent domain is being requested. Mark Westberg, Project Manager and Mr. Johnstone were available for questions. Mr. Westburg gave a detailed presentation, supported by slides in PowerPoint about which properties are still under negotiations and which properties are at an impasse. Public Comment Vivian Vos, 6920 W 47th Place. Called to comment on why the City needs to take property that is beyond the CDOT right of way boundaries. At this point the properties City Council Minutes October 12, 2020 page 12 at an impasse are sending a message that they believe their businesses will be adversely affected. She also said that the message imminent domain sends to businesses is negative and this step is unnecessary. Council Questions Councilmember Hutchinson asked why we need to take this precipitous step because it will damage our reputation as a business friendly City. After all of these years why are we in such a hurry now? Mr. Goff commented that only 3 businesses will be completely removed; the rest of the businesses along the right of way will continue to operate. He, Mr. Johnstone and Mr. Westberg engaged Councilmember Hutchinson in a detailed discussion of the Councilmember’s concerns. Motion by Councilmember Hultin to approve Resolution 50-2020, a resolution concerning the acquisition and acceptance of six properties on Wadsworth Boulevard (exhibit A as revised) for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes, seconded by Councilmember Hoppe. During discussion of the motion Councilmember Urban raised concerns about using imminent domain on the A-1 property since it is not part of the Phase I development. Councilmember Stites asked when the second phase is likely to begin. Mr. Johnstone said it will be included in the bidding for the whole project. Motion by Mr. Urban to amend the motion to remove property A-1 from the list, seconded by Councilmember Hutchinson. Amendment failed 2-6 with Councilmembers Hutchinson and Urban voting Aye. Councilmember Urban discussed the main motion and asked whether he would have support for an amendment to require the City Manager to discuss shifting the management of this project to CDOT. Councilmember Urban moved to amend the motion to direct the City Manager to discuss with CDOT transferring all management and oversight of this project to CDOT and to report back to Council by October 26th, 2020. Seconded by Mr. Stites. After due deliberation and discussion, the amendment failed by a vote of 3-5, with Councilmembers Urban, Hutchinson and Stites voting Aye. Main Motion passed 6-2 with Councilmembers Hutchinson and Nosler Beck voting Nay. 6. Resolution No. 51-2020 – A Resolution approving an amendment to the contract with the Colorado Department of Transportation for the Wadsworth Boulevard widening project from 35th avenue to Interstate 70. City Council Minutes October 12, 2020 page 13 Discussion began at approximately 10:09 PM Councilmember Urban introduced the Resolution. In 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. An agreement with CDOT to administer that funding was approved in 2015. An additional TIP grant was awarded by DRCOG in 2019. In addition, CDOT has allocated State Safety and State Surface funds to the project. An amendment to the original 2015 agreement is necessary to add the additional funds to the project budget and to extend the term of the contract with CDOT beyond the original expiration date of October 25, 2020.Presentation by City Attorney Gerald Dahl explained why Council needs to reconsider and re-approve this Ordinance following satisfaction of Code requirements that the language be approved by the City Planning Commission. Mark Westberg, Project Manager and Mr. Johnstone were available for questions. Public Comment: Vivian Voss, 6920 W 47th Place. Called to comment she was surprised that CDOT is not currently in charge of this project. The zoning for the CFI is also too much, since we will have adequate roadway to handle the traffic for some time to come. She also asked whether CDOT approves the CFI. Ms. Vos also opposes a cul-de-sac on 48th Ave, saying that we also do not need the east side of the city separated from the west side by this project or any other. This whole project for widening Wadsworth is a CDOT project and should remain a CDOT project. The City’s involvement should be limited to ensuring that we have bike lanes, sidewalks and landscaping. She did not see on Wheat Ridge Speaks any presentation on this project, or on item 5 on tonight’s agenda. Council Questions Councilmember Urban asked about the risk assessment in Attachment L, what are the answers to the questions in that assessment. Mr. Westberg gave a detailed reply about that Attachment and the other documents in the packet. Councilmember Urban asked further questions about timelines and project milestones, to which Mr. Westberg responded in detail. Motion by Councilmember Urban to approve Resolution No. 51-2020, a resolution approving an amendment to the contract with the Colorado Department of Transportation (CDOT) for the Wadsworth Boulevard widening project from 35th avenue to interstate 70, seconded by Councilmember Hoppe; motion carried 8-0. City Council Minutes October 12, 2020 page 14 CITY MANAGER’S MATTERS The City has placed no restrictions on trick or treating door to door for Halloween. CITY ATTORNEY’S MATTERS The US Census deadline has been extended until 10/31/20201. Residents who have not completed a Census form or spoken with a Census worker may still complete the Census process until October 31 16th.1 Mr. Jerry DiTullio has organized another cleanup at Kipling and I-70 10:30 to Noon October 30; staging in the parking lot of the Village Inn. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick reported that two protests had been filed on October 6th against the recent petition to refer Ord. 1967 to the voters. The protests were filed by Ms. Judy Capra and Ms. Odarka Figlus, who also filed a notarized document rescinding their protests on October 9th. No other protests were filed. Further information to Council is forthcoming. Councilmember Nosler Beck noted that there is a ballot drop box in Anderson Park; Councilmember Weaver noted that there is a new drop box at Prospect Park. Councilmembers Stites and Weaver reported on their District III meeting last Saturday, saying it was productive and that they are grateful for those who attended and participated. Councilmember Weaver thanked those who called those who called animal control about a pig wandering along the street near her Five Fridges Farm on W. 44th Ave. Calling animal control is the right place to call for help. Councilmember Hultin noted that there are a lot of missing or lost animals. She reminded everyone to license their pets through Foothills Animal Shelter so they are more likely to be reunited with their owners if lost. The fees from licensing directly support community animal services. Councilmember Urban and Hoppe asked to put the question of whether project management of the Wadsworth project should be assumed by CDOT on a future study session agenda. Councilmember Hoppe, speaking as Mayor Pro Tem, agreed to bring that issue to a study session soon. Councilmember Hoppe noted that there are dog parks in District III. She also thanked staff for hard work on so many projects and processes during the past months. 1 After this Council meeting the US Supreme Court ordered that the Trump Administration could end the Census count as of October 16, 2020. City Council Minutes October 12, 2020 page 15 Mayor Starker thanked the WRPD retirees for the long service to the City. He thanked those who attended his Coffee with the Mayor last Saturday. He also thanked staff, especially Ms. Scheck, for their efforts to encourage voter registration and vote! Remember to wear a mask, wash your hands and maintain social distancing. ADJOURNMENT The meeting adjourned at 10:36 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON October 26, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. ITEM NO: DATE: October 26, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 52-2020 - A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2021 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2020) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2021 budget includes the following: •A General Fund budget in the amount of $38,858,550 •An unrestricted fund balance of $9,435,458 or 25.1% of expenditures •A General Fund transfer of $1,300,000 to the Capital Improvement Program (CIP) •A 13% decrease in the General Fund budget compared to the adjusted 2020 Budget •Proposed CIP Fund in the amount of $13,872,662 •Proposed 2E Bond Fund in the total amount of $3,497,600 for debt service •Special Revenue Funds in the amount of $4,531,986 •Proposed budget (all funds) in the amount of $59,460,798 1 Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 2 PRIOR ACTION: • July 6, 2020 – the Outside Agency Program Review Committee presented their recommendations to City Council • July 13, 2020 – first public meeting to provide opportunity for citizens to comment on the budget • August 10, 2020 – second public meeting to provide opportunity for citizens to comment on the budget • August 17, 2020 – Carnation Festival Committee, Sustainable Wheat Ridge, Localworks and Wheat Ridge Business District presented their 2021 budget requests to City Council • September 25, 2020 – proposed 2021 budget books were distributed to City Council and made available in the City Clerk’s Office for public review • September 28, 2020 – proposed 2021 budget made available online for the public to review • October 5, 2020 – proposed 2021 budget presented to Mayor and City Council FINANCIAL IMPACT: A total budget of $59,460,798 (all funds) is proposed. BACKGROUND: At the October 5, 2020 Study Session, City Council provided staff with consensus to bring the proposed budget forward to public hearing and adoption with the following change: Remove $50,000 allocated for the Localworks BUBL and HIP program. Localworks has committed to continuing this program in 2021 but will fund it independently. The summary that follows includes this one provision for a decrease of $50,000 to the 2021 General Fund Budget. Included in the attachments is the Line Item Detail for Economic Development (cost center 105) which has been reduced by this amount. OVERALL SUMMARY The total 2021 Proposed Budget, including the General Fund, the CIP Fund, seven special revenue funds, and the 2E Investing 4 the Future Bond Fund, is $59,460,798. The Budget is based on projected revenues of $56,681,062. The beginning fund balance for 2021 is projected at $25,860,836 which brings the total available funds to $82,541,898. This will provide for a projected ending fund balance of $23,081,100. General Fund $37,558,550 Capital Improvement Program (CIP) Fund $13,872,662 Special Revenue Funds $4,531,986 2E Investing 4 the Future Bond Fund $3,497,600 Total $59,460,798 Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 3 General Fund General Fund revenue is projected at $36,283,879, which is a 4.6% decrease compared to 2020 year-end estimated revenues and a 14.3% decrease compared to the adjusted 2020 budget. In addition, the beginning fund balance for 2021 is projected at $14,447,757, which brings the total available funds for the General Fund to $50,731,636. General Fund expenditures total $37,558,550 excluding transfers. General Fund expenditures represent a 13% decrease compared to the adjusted 2020 Budget. The ending fund balance for the General Fund is projected at $11,873,086, of which $9,435,458 (25.1% of operating expenditures) is considered unrestricted. The City's financial policies require that the City maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association and that the City will annually target to maintain a 25% unrestricted fund balance percentage level as part of its annual budget process. Capital Improvement Program (CIP) Fund CIP Fund revenue is projected at $13,506,125 ($1,300,000 transferred from the General Fund), which is a 10.7% decrease compared to 2020 estimated revenue, mostly due to a decrease in transfers from the General Fund. In addition, the beginning fund balance for 2021 is projected at $3,422,098, which brings the total available funds for the CIP Fund to $16,928,223. CIP expenditures total $13,872,662, which is a 31% decrease compared to the adjusted 2020 Budget. This will provide for a projected ending fund balance of $3,055,561. The Proposed 2021 CIP budget includes the following projects: • $12 million for construction of the first phase of Wadsworth Boulevard improvements • $1.5 million for street preventative maintenance, primarily on 44th Avenue • $150,000 for City-wide roadway striping • $71,662 to reimburse the City of Edgewater for a drainage project at 26th and Fenton • $50,000 for City-wide ADA infrastructure improvements • $30,000 to update the Lena Gulch Master Plan • $25,000 to update the Clear Creek Master Plan • $25,000 for gateway signage at 26th Avenue and Kipling Street • $16,000 for municipal parking lot improvements Special Revenue Fund – Open Space Open Space revenue is projected at $2,801,289, which is a 47% increase compared to the 2020 estimated revenue. The large increase is primarily due to anticipated grant revenue in 2021 of $762,970 and an increase in parkland dedication fees. The beginning fund balance for 2021 is projected at $2,658,220, which brings the total available funds for the Open Space Fund to $5,459,509. Open Space projects for 2021 include: • The phase II renovation of Prospect Park Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 4 • Trail improvements from Prospect Park to West Bridge • Open Space Master Plan • Open Space and Park Maintenance Projects Funding is also appropriated for seven parks maintenance and two forestry employees. Open Space expenditures total $2,940,122, which is a 44% increase compared to the adjusted 2020 Budget. This will provide a projected ending fund balance of $2,519,387, of which $1,740,567 is restricted to park and trail improvements at the Wheat Ridge Ward station area and The Green on 38th Avenue. The future five-year Open Space Budget proposes the continuation of miscellaneous open space improvements, improvements to Panorama Park tennis courts, Anderson Park playground replacement, and funding for Parks employees. Special Revenue Fund – Conservation Trust Conservation Trust revenue is projected at $323,585, which is a 1.8% increase compared to the 2020 estimated revenue. In addition, the beginning fund balance for 2021 is projected at $263,445, which brings the total available funds for the Conservation Trust Fund to $587,030. Conservation Trust projects for 2021 include: • Recreation facilities maintenance projects • Resurface of tennis and basketball courts • Improvements to the median at 50th and Kipling • Various projects to improve accessibility to parks amenities • Parks maintenance projects Conservation Trust expenditures total $344,750, which is a 59% decrease compared to the adjusted 2020 Budget. This will provide for a projected ending fund balance of $242,280. The future five-year Conservation Trust Budget proposes to provide funds for recreation facilities maintenance needs, parks maintenance projects, resurfacing of tennis/basketball courts, Apel Bacher playground replacement, and other facility improvements. Special Revenue Funds – Other Several other Special Revenue Funds are also included in this Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include Public Art, Police Investigation, Municipal Court, Equipment Replacement, and Crime Prevention/Code Enforcement. Detailed revenue and expenditure information for these funds can be found in the Special Revenue Funds, and the Line Item Accounts sections of the Budget. 2E Investing 4 the Future Fund The 2E Investing 4 the Future Fund was created in 2017 as a special fund to account for the 2E bond and debt activity. 2021 revenues from the temporary 0.5% sales and use tax and interest are Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 5 projected at $4,270,924. In addition, the beginning fund balance for 2021 is projected at $4,250,804, which brings the total available funds for the 2E Fund to $8,521,728. 2E Fund expenditures total $3,497,600, all of which are designated for debt service on the 2E bonds. This will provide for a projected ending fund balance of $5,024,128. No project expenditures are planned for 2021 as the City expects to expend its full allocation of project expenses in 2020. A detailed explanation of the status of each project is included in the 2E section of this Budget. SHORT-TERM FISCAL CHALLENGES/OPPORTUNITIES Sales Tax and General Fund Revenue The 2020 estimated and 2021 proposed budgets project conservative revenue growth in consideration of the economic uncertainty caused by the COVID-19 pandemic. Although the City has experienced positive growth in sales tax revenue compared to 2019, revenues have not yet met 2020 projections. Sales tax, the City's largest revenue source, is projected to increase by 2.5% in 2020 compared to 2019 sales tax revenues and decrease by 2.9% compared to the 2020 adopted budget. The 2021 sales tax revenues are projected to increase less than 1% compared to the 2020 year-end estimate and decrease 2.7% compared to the 2020 adopted budget accounting for only moderate growth due to new business activity at Wheat Ridge Corners and Clear Creek Crossing. Overall, total General Fund revenue for 2021 is projected to decrease by 4.6% compared to 2020 year-end estimated revenue and decrease by 11.7% compared to the original 2020 budget. The decrease in 2021 revenues compared to the 2020 year-end estimates is largely due to the infusion of CARES Act revenue received in 2020 but not anticipated in 2021. These conservative projections include decreases to all categories of revenues compared to the original 2020 budget. Parks and Recreation fee revenue has taken the biggest hit due to the COVID-19 pandemic and the public health restrictions imposed upon the City. Because of social distancing requirements, many normal recreation activites had to be significantly curtailed or outright canceled in 2020, including the opening of the outdoor pool. Staff is projecting a gradual return to normal activities in 2021 so revenue from Parks and Recreation fees will potentially increase over 2020 revenue but will still fall short of normal operations. Total Parks and Recreation fee revenue in 2020 is estimated to decrease by 65% compared to both 2019 revenue and to the 2020 adopted budget. 2021 revenue is projected to rebound by about 83%, compared to 2020, but is estimated to still be about 37% below normal revenue. Coronavirus Aid, Relief and Economic Security (CARES) Act Funding The City entered into an intergovernmental agreement with Jefferson County for the purpose of accepting $2,463,142 in CARES Act funding in 2020. CARES Act funding can be used to provide economic support to businesses and cover many types of expenses related to the City's response to the pandemic. All funds must be spent, in accordance with the United States Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 6 Department of Treasury guidance, by December 30, 2020. The City's spending plan for these funds is as follows: While there is some discussion at the federal level about additional assistance to governments and other public entities in 2021, nothing has been finalized at this time. The City will likely incur some costs for the continued response to the pandemic and has budgeted $100,000 in the Central Charges account for additional needs in 2021. Supplemental Budget Requests The 2020 estimated and 2021 proposed budgets represent conservative revenue projections and minimal expenditures sufficient to deliver quality services to the community, while maintaining a healthy fund balance, estimated at 25% of expenditures, at the conclusion of 2021. The proposed 2021 budget excludes some vacant positions, reduces fleet vehicle replacement, further delays projects, cuts technological investments, and reduces staff training and development. Depending on 2020 year-end revenues and expenditures, management may present to Council supplemental budget appropriation requests in 2021 in order to restore positions, projects, technology, equipment, and training. A summary of proposed additions, depending on revenues, follows: CARES Topic Expense Description Estimate Economic Support Business Stability Grants, Business Reopening Assistance Program, dedicated business promotional websites, signage, advertising $625,000 Public Health Facility remodeling for social distancing and safety, personal protective equipment (PPE), sanitation, HVAC filtration upgrades $776,142 Budgeted personnel and services diverted due to a substantially different use Salary and benefits costs of budgeted staff diverted to the pandemic efforts $700,000 Improvements to teleworking capabilities for public employees Remote devices and supplies, updated VPN solution, virtual meeting subscriptions, software to enable virtual customer service $237,000 Payroll for public health and safety employees Paid sick and paid family and medical leave to enable COVID-19 precautions; worker's compensation and unemployment insurance $125,000 TOTAL $2,463,142 Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 7 Category Amount Notes Fill Vacant Positions $336,985 Amount represents full-year staffing for 5.75 positions. These include positions in Courts, Records, Planning and Administration. Two Additional Police Officers $151,869 Crime Prevention Officer and School Resource Officer Vehicle Replacement Program $291,500 Seven vehicles have been deferred. Projects $328,500 Projects include the 44th Corridor Plan, Enterprise Resource Planning project, relocation of a server room and Prospect Park water quality management. Technology $182,500 Items include facility management software, security cameras, audio/visual equipment, and battery backup devices. Other Equipment $140,272 Includes mowers, aerators, Active Adult Center oven, office furniture, and recreation equipment Training and Development $57,400 Various training City-wide to maintain and develop skills TOTAL $1,489,026 Redevelopment Projects The Clear Creek Crossing project entitlements and public finance agreements were finalized and approved in 2018. The developer was well underway in finalizing the leasing plan for potential tenants to include retail, residential, hospitality, and entertainment prior to the pandemic. COVID-19 has certainly slowed this process, yet progress is still being made toward securing major tenants for the development. SCL Health is continuing to move forward with designs for a new hospital at Clear Creek Crossing with construction potentially starting in 2021. Multifamily housing and a convenience store and gas station are currently under construction, and several retail and restaurant buildings, as well as a hotel, are actively under City review. Other than minor revenue estimates for the convenience store and gas station, no new sales tax revenue from this project is included in the 2021 budget. The Longs Peak Metropolitan District (LPMD) will reimburse the City $507,038 for the environmental assessment expense the City incurred over the last several years as well as construction costs over $10 million for the I-70 hook ramp project. The reimbursement will occur when the LPMD issues bonds for the Clear Creek Crossing project, of which the timing is uncertain due to the pandemic. Reimbursement revenue has not been factored into the 2021 budget. Once the project is fully built out, sales tax, lodging, admissions, and use tax revenue is projected to total $1.8 million annually. The Corners at Wheat Ridge is still under construction, with full build-out anticipated sometime in 2021/2022. The anchor tenant, Lucky's Market, opened on August 6, 2018 but filed for bankruptcy and closed in early 2020. The owner and developer of the The Corners is actively working with prospective tenants to backfill the Lucky’s Market site and the City could Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 8 potentially see new tenants in 2021. Raising Cane’s opened mid-year 2020 and is expected to generate a respectable amount of sales tax revenue for the City. WHEAT RIDGE 2035 VISION TOPICS AND SMART GOALS The Mayor, City Council, and staff work together periodically to develop and update a strategic plan that includes a vision, goals, and priorities. City Council met in the spring of 2017 and developed an updated Vision 2035 to include Vision Topics and Smart Goals. City Council was due to convene a planning session in March 2020 to determine strategic priorities; unfortunately, the pandemic caused Council to postpone that planning session until 2021. Staff used the most current vision topics to guide the development of and prioritize projects for the 2021 Budget. Vision Topics: 1. Wheat Ridge is an attractive and inviting City 2. Wheat Ridge is a community for families 3. Wheat Ridge has great neighborhoods 4. Wheat Ridge has a choice of economically viable commercial areas 5. Wheat Ridge has diverse transportation 6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle 8. Wheat Ridge residents are proud of their hometown Council's Smart Goals are outlined in the Vision and Goals section of this document. The Proposed 2021 Budget includes several priority expenditures that play an important role in helping the City achieve its strategic vision. Strategic Priorities: • Urban renewal funding for Renewal Wheat Ridge (RWR) projects $300,000 • Tax Increment Financing (TIF) – Kipling Ridge, Wheat Ridge Corners, Swiss Flower, West End 38, Hacienda Colorado, and Regency Partners (former Walmart space) $698,925 • Enhance Sales Tax Incentive Program (ESTIP) – Grammies Goodies and Applejack Wine and Spirits - $35,000 • Public events implemented by Localworks - $135,000 • Wheat Ridge Business District (WRBD) grant program $90,000 • Live Local events $50,000 • Resident survey $35,000 • Online public hearing software $19,200 • Neighborhood Revitalization Strategy Engagement Tour mailings and outreach - $30,000 • Prospect Park renovation, Phase II - $1.8 million • Clear Creek trail repair - $500,000 • Wadsworth improvement project $12 million • Preventative street maintenance $1.5 million Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 9 • Traffic Safety, Life Quality, and Crime Reduction (TLC) Program $37,000 • ADA improvements city-wide $50,000 • Large-item pickup program $5,000 • New snowplow $209,000 • Historic building management and maintenance $63,600 • Carnation Festival contribution $75,000 and staff overtime and barricade $27,500 OUTSIDE AGENCY CONTRIBUTIONS In 2016, City Council appointed a Citizen Review Committee to make recommendations for contributions to outside agencies. The following are the Committee's recommendations for 2021: The Action Center $5,000 Active Transportation Advisory Committee $1,000 Audio Information Network $1,200 Applewood Community Foundation $500 Court Appointed Special Advocates $5,000 Chanda Plan Foundation $2,700 Community Table $13,200 Family Tree $9,000 Feed the Future $8,000 Foundation for Advanced STEM Education $10,600 Friends of Paha $1,600 Institute for Environmental Solutions (IES) $2,600 Jefferson Center for Mental Health $5,000 Jefferson County Library Foundation $1,200 Jewish Family Services-Colorado Senior Connections $3,400 Lutheran Foundation – Heroes of Hope $2,800 Outdoor Lab Foundation $14,400 Regional Air Quality Council $1,000 Seniors’ Resource Center $13,000 Sunshine Home Share $2,700 Wheat Ridge Community Foundation $5,800 Wheat Ridge Farmer's 5000 $3,600 Wheat Ridge Grange $4,000 Wheat Ridge High School STEM/STEAM $15,000 Wheat Ridge Optimist Club $1,500 TOTAL $133,800 DEBT At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which temporarily increased the sales and use tax levied by the City by one- Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 10 half of one percent (3% to 3.5%) for up to 12 years or when $38.5 million is raised, whichever occurs first. It also authorized the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Sales and use tax revenue bonds were issued on May 2, 2017, to finance four specific City investments, including Anderson Park, Wadsworth Boulevard, Wheat Ridge Ward Station development, and the Clear Creek Crossing development. The par amount of the bond issue was $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. Of this amount, $33 million was deposited into Fund 31 for the four specific City investments, $152,975 was allocated for the underwriter's discount, and $129,104 for costs associated with the bond issue. The maximum repayment cost of the bonds will not exceed $38,500,000, and the maximum annual repayment cost will not exceed $3,700,000. In the Budget, $3,497,600 is budgeted for the 2021 annual debt service. The balance of the debt as of December 31, 2021 will be $20,318,400. Based on current revenue estimates, the temporary sales and use tax rate will expired in 2025 after 9 years. Additionally, the City has the following long-term financial obligations: Renewal Wheat Ridge The City's Urban Renewal Authority (Renewal Wheat Ridge) is a component unit of the City. Renewal Wheat Ridge acquired a loan in the amount of $2.455 million, accruing interest at 3.16% per annum, for the Kipling Ridge commercial center development at 38th and Kipling. The term of this loan expires in 2023 and will be paid from sales and property tax incremental revenue from the Kipling Ridge project. The balance of the loan as of December 31, 2021, will be $670,494. Community Solar Garden On March 23, 2015, the City entered into an agreement to purchase electric generating capacity in a solar garden. The agreement was funded on April 13, 2015, with a lease agreement for $800,000. As of December 31, 2019, the solar power capacity was recorded as capital assets in the amount of $592,180. Annual payments of $80,167, including principal and interest accruing at 5.75%, are due through May 1, 2030. As of December 31, 2021, the City will have a capital lease outstanding amount of $464,470. For its participation, it is estimated the City will receive $50,000 in energy credits from Xcel in 2020 to be used to pay this lease and against energy consumption at various facilities. Fruitdale School Lofts In 2016, the City Council approved a loan in the amount of $2.585 million from General Fund reserves to the Fruitdale School Partners. The loan was for the redevelopment of the Fruitdale School property into a mix of 16 market-rate and income-restricted rental housing units. Fruitdale School Partners repaid $1.5 million of the loan in 2018. The remaining $1,085,000 will be paid over a 40-year period and, until that time, will remain as a restricted balance in the General Fund reserves. Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 11 COMPENSATION, BENEFITS, AND STAFFING Compensation Personnel-related expenses account for the largest portion of the City's Budget. Remaining competitive to attract the best talent for the City and maintaining its investment in its team members is a high priority. In 2013, the City launched a compensation plan for full-time/part-time benefited employees that is financially sustainable and will help the City recruit and retain top talent. The City's pay-for-performance model is consistent with the culture and commitment to A.C.T.I.O.N! - the City's core values of Accountability – Change – Teamwork – Integrity – Opportunity – Now! It is important for the City to reward employees who exemplify these core values and who help achieve the City's strategic results. The market-based compensation plan, typically updated biennially, consists of two sub-plans 1) a pay-for-performance open range plan, which includes civilian and police sergeants and higher ranks, and 2) a sworn seven-step plan, which includes police officer I and II positions. Due to the pandemic, and consistent with peer communities, the City delayed the scheduled compensation plan update until 2021. Employees will be eligible for a performance increase on January 1, 2021, based on how well they meet the core values and competencies of the PMP system. However, in line with the conservative nature of the 2021 budget, the City will reduce the potential wage increases that employees can earn based on their performance. The 2021 proposed budget includes $436,000 for pay-for-performance and annual police department step increases; a decrease of 47% from the 2020 budget. Benefits The City continues to provide a competitive benefits package to employees that include medical, dental, life, and disability benefits. Throughout the year, staff works closely with the City's benefits broker, IMA, to ensure that the City is controlling benefit costs while still providing a competitive benefits package to its employees, which is a vital part of the City's total compensation approach to pay. The City currently provides Kaiser Permanente plans for employee medical benefits. Medical premiums will experience a 2.6% decrease in 2021. Several key factors play a role in calculating the City's health care premium renewal, including the City's Wellness Program as a positive contributing factor. In 2021, the City will continue to offer the High Deductible Health Plan (HDHP), and the Deductible HMO (DHMO) added in 2017. The HDHP plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). The goal of the consumer-driven HDHP and DHMO is to encourage employees to manage costs through the effective use of health care. There will be no increases to dental insurance premiums, and the City will save premium costs on life and long term disability while offering a greater short-term disability benefit. Overall, the news is very positive for the City with regard to benefits renewals. Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 12 The City currently contributes to a 401(a) retirement plan for nonsworn employees. Employees contribute 4% to the Plan, and the City matches 6%. For sworn employees, the City contributes 10.5%, and employees contribute 10% to the Plan (sworn employees do not contribute to Social Security). As part of the sworn market analysis in 2019, it was determined that the City was at the time approximately 1.5% below market in terms of sworn pension contribution match. The 2020 budget included a 0.5% increase to the City's contribution in the amount of approximately $35,000. An additional 0.5%, again approximately $35,000, is included in the 2021 budget to bring the City's sworn pension contribution to 11%. The City may consider an additional increase in 2022 in order to remain competitive. Staffing In 2020, the City's staffing level is at 240.125 FTE's. The proposed 2021 budget does not increase staffing. In order to remain fiscally conservative, 5.75 vacant positions remain unfunded in the 2021 budget and will be filled only if revenues allow. A Five-Year Staffing Plan for 2021-2025 is contained in the Staffing section of the budget. Should the City's economic position continue to improve over current expectations, management may request approval for the addition of a Crime Prevention Officer and School Resource Officer sometime in 2021. The City has typically operated with a very lean staff; however, as community expectations change, we must ensure the City has adequate staffing to meet those demands. This Plan will be evaluated annually to determine the most cost-effective way to continue providing exceptional customer service and quality programs. Conclusion and Acknowledgements 2020 has been an unprecedented year in many ways – the COVID-19 pandemic, economic uncertainty, racial equity issues and increased homelessness concerns. I’m so thankful for the leadership and support from the Mayor and City Council during these difficult times to guide us through these challenges. I’m also so proud of all of our team members, across all departments, who didn’t miss a beat under all of these difficult circumstances and continued to provide quality programs and services to our residents. We are so fortunate to have such a dedicated workforce. I’m still very optimistic about the future of Wheat Ridge, even as we are still overcoming all the challenges that have come upon us this year. We’ve built a resilient local economy, developed prudent financial policies and set-aside adequate reserves which has enabled the City to continue to thrive in uncertain economic times. Many exciting opportunities – the Clear Creek Crossing development, Lutheran Legacy Campus redevelopment, continued improvements to the Applewood Shopping Center, build-out of the Wheat Ridge-Ward TOD subarea, continued resurgence of 38th Avenue as a vibrant mainstreet and many other infill projects – are still before us. As a community, we are “In this Together” and I couldn’t be more proud of our accomplishments. Council Action Form – Adopting the 2021 City Budget October 26, 2020 Page 13 RECOMMENDATIONS: Adopt the 2021 Budget as amended. RECOMMENDED MOTION: “I move to approve Resolution No. 52-2020, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2021 Budget Year.” Or, “I move to postpone indefinitely Resolution No. 52-2020, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2021 Budget Year for the following reason(s) ______________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENT: 1. Resolution No. 52-2020 2. Budget Summary, Revenues, Expenditures and Cost Center 105 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 52 Series of 2020 TITLE: A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2021 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2021 has been established and public hearings and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater than the total proposed expenditures as set forth in said budget in the total amount of $59,460,798 which includes the following funds: 1. Fund 01 - General Fund $38,858,550 2. Fund 12 - Public Art Fund $618,000 3. Fund 17 - Police Investigation Fund $15,000 4. Fund 30 - Capital Improvement Fund $13,872,662 5. Fund 31 - 2E Investing 4 the Future Fund $3,497,600 6. Fund 32 - Open Space Fund $2,940,122 7. Fund 33 - Municipal Court Fund $29,000 8. Fund 54 - Conservation Trust Fund $344,750 9. Fund 57 - Equipment Replacement Fund $6,500 10. Fund 63 - Crime Prevention Fund $578,614 Less Transfers: ($ 1,300,000) Total Expenditures: $59,460,798 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge total budget as stated in the Resolution be hereby approved, adopted, and appropriated for the entire fiscal period beginning January 1, 2021 and ending December 31, 2021. DONE AND RESOLVED this 26th day of October 2020. ________________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Beginning Balance (1/1/21) +Revenues =Funds Available -Expenses = Fund Balance (12/31/21) Operating Funds General $14,447,757 +$36,283,879 =$50,731,636 -$38,858,550 =$11,873,086 Total Operating Funds $14,447,757 +$36,283,879 =$50,731,636 -$38,858,550 =$11,873,086 Unrestricted Fund Balance $9,435,458 25.1% Capital Funds Capital Improvement Program $3,422,098 +$13,506,125 =$16,928,223 -$13,872,662 =$3,055,561 Total Capital Funds $3,422,098 +$13,506,125 =$16,928,223 -$13,872,662 =$3,055,561 Special Revenue Funds Public Art Fund $266,115 +$462,500 =$728,615 -$618,000 =$110,615 Police Investigation $22,019 +$10 =$22,029 -$15,000 =$7,029 Open Space $2,658,220 +$2,801,289 =$5,459,509 -$2,940,122 =$2,519,387 Municipal Court $79,210 +$12,550 =$91,760 -$29,000 =$62,760 Conservation Trust $263,445 +$323,585 =$587,030 -$344,750 =$242,280 Equipment Replacement $173,716 +$100 =$173,816 -$6,500 =$167,316 Crime Prevention/Code Enforcement Fund $277,452 +$320,100 =$597,552 -$578,614 =$18,938 Total Special Revenue Funds $3,740,177 +$3,920,134 =$7,660,311 -$4,531,986 =$3,128,325 2E Investing 4 the Future 2E Bond Expenditures $4,250,804 $4,270,924 $8,521,728 $0 2E Debt Service $0 $0 $0 $3,497,600 Total 2E Investing 4 the Future $4,250,804 +$4,270,924 =$8,521,728 -$3,497,600 =$5,024,128 Total Operating Funds $14,447,757 +$36,283,879 =$50,731,636 -$38,858,550 =$11,873,086 Total Capital Funds $3,422,098 +$13,506,125 =$16,928,223 -$13,872,662 =$3,055,561 Total Special Revenue Funds $3,740,177 +$3,920,134 =$7,660,311 -$4,531,986 =$3,128,325 Total Investing 4 the Future $4,250,804 $4,270,924 $8,521,728 $3,497,600 $5,024,128 (Less Transfers)+($1,300,000) =($1,300,000) -($1,300,000) = GRAND TOTAL ALL FUNDS $25,860,836 +$56,681,062 =$82,541,898 -$59,460,798 =$23,081,100 GRAND TOTAL LESS BOND AND DEBT $21,610,032 $52,410,138 $74,020,170 $55,963,198 $18,056,972 Budget Summary by Fund ATTACHMENT 2 2019 2020 2020 2021 Actual Adjusted Estimated Proposed General Fund Revenues INTERGOVERNMENTAL Cigarette Tax $72,112 $70,000 $71,000 $72,000 County Road and Bridge $327,020 $305,000 $320,000 $330,000 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000 Highway Users Tax $1,271,934 $1,045,405 $894,942 $907,229 Motor Vehicle Registration $121,402 $120,000 $120,000 $120,000 Police - CATPA Auto Theft Grant $78,788 $76,132 $88,000 $88,000 Police - Seat Belt Safety Grant/Click It or Ticket $1,415 $1,500 $1,800 $1,800 Police - HIDTA Drug Overtime Grant $28,937 $25,000 $25,000 $25,000 Police - JAG/Byrne Grant $110,075 $10,000 $10,440 $0 Police- JAG/COVID Grant $0 $0 $33,637 $0 Police- OCDEFT Grant $15,809 $0 $0 $0 Police - Ballistic Vest Grant $2,646 $7,500 $7,500 $7,500 Police-HVIDE $15,443 $15,000 $15,000 $15,000 Police - POST Grant $2,000 $0 $0 $3,300 Colorado Health Foundation Grant $7,500 $7,500 $7,500 $0 Jefferson County Trail Grant $1,500 $0 $0 $0 Court - Defense Council Grant $12,513 $0 $12,000 $12,000 Homeless Navigator IGA $0 $0 $19,138 $38,276 TOTAL INTERGOVERNMENTAL $2,169,094 $1,783,037 $1,725,957 $1,720,105 SERVICES Zoning Applications $58,771 $40,000 $40,000 $40,000 Planning Reimbursement Fees $2,937 $1,500 $1,500 $1,500 Engineering Fees $55,146 $30,000 $50,000 $40,000 Misc. Zoning Fees $2,263 $1,000 $2,000 $1,500 Plan Review Fees $348,164 $516,343 $375,000 $300,000 Pavilion/Park Rental Revenue $24,103 $23,000 $8,000 $17,500 Athletics Revenue $97,285 $87,187 $40,000 $90,313 Active Adult Center Revenue $204,699 $197,810 $63,701 $118,686 Parks Historic Facilities $25,297 $25,000 $3,000 $15,000 Gen. Prog. Revenue $165,601 $184,393 $120,649 $143,425 Anderson Building Revenue $5,714 $19,600 $5,840 $6,195 Outdoor Swimming Fees $147,663 $147,444 $17 $154,000 Recreation Center Fees $0 $1,850,300 $614,295 $1,020,750 Aquatics $0 $124,500 $43,000 $68,305 Fitness $0 $185,706 $74,896 $149,662 Retail Marijuana Fees $306,632 $275,000 $350,000 $325,000 Police Report Fees $12,341 $12,636 $11,104 $12,498 Pawn Shop Ticket Fees $17,505 $20,000 $12,000 $15,000 Sex Offender Registration $5,025 $6,000 $1,702 $3,909 Police Drug Destruction Fees $60 $150 $150 $150 Police Fees $1,659 $1,000 $2,100 $2,018 Police Duty Reimbursement $86,314 $102,250 $140,000 $160,000 TOTAL SERVICES $1,567,179 $3,850,819 $1,958,954 $2,685,411 FINES & FORFEITURES Municipal Court Fines $55,563 $85,000 $50,000 $60,000 Nuisance Violations Fees $30,249 $20,000 $25,000 $23,000 Handicap Parking Fees $675 $900 $500 $900 Traffic $198,417 $200,000 $150,000 $200,000 General $17,858 $20,000 $14,000 $18,000 Other $5,161 $8,000 $5,000 $7,000 Parking $740 $1,000 $750 $1,000 No Proof of Insurance $12,520 $20,000 $16,000 $15,000 TOTAL FINE & FORFEITURES $321,183 $354,900 $261,250 $324,900 40 2021 Proposed Budget 2019 2020 2020 2021 Actual Adjusted Estimated Proposed General Fund Revenues INTEREST Interest Earnings $305,078 $400,000 $185,000 $45,000 TOTAL INTEREST $305,078 $400,000 $185,000 $45,000 OTHER Hail Storm Insurance Proceeds $525,268 $0 $0 $0 Cable Peg Fees $41,215 $42,000 $38,422 $38,000 Xcel Solar Garden Credits $59,277 $52,000 $50,000 $50,000 Miscellaneous Income $389,521 $375,000 $411,481 $378,270 Miscellaneous Income - 50th Celebration $21,675 $0 $0 $0 CARES Act Earned Revenue $0 $2,463,142 $2,463,142 $0 TOTAL OTHER $1,036,956 $2,932,142 $2,963,045 $466,270 . Total General Fund $35,377,390 $42,333,901 $38,046,940 $36,283,879 Transfers In $0 $0 $0 $0 Fund Balance Carryover $16,577,634 $11,877,205 $13,508,953 $14,447,757 Total Funds Available $51,955,024 $54,211,106 $51,555,893 $50,731,636 41 2021 Proposed Budget 2019 Actual 2020 Adjusted 2020 Estimated 2021 Proposed Legislative Legislative Services $545,886 $479,225 $361,333 $398,223 Total $545,886 $479,225 $361,333 $398,223 City Manager's Office City Manager $396,102 $604,529 $421,988 $559,195 Economic Development $1,719,701 $2,248,618 $1,473,455 $1,751,554 Total $2,115,803 $2,853,147 $1,895,443 $2,310,749 City Attorney City Attorney $317,958 $322,300 $327,200 $374,200 Total $317,958 $322,300 $327,200 $374,200 City Clerk's Office City Clerk $139,783 $166,456 $162,697 $149,127 Total $139,783 $166,456 $162,697 $149,127 City Treasurer City Treasurer $30,881 $36,108 $34,958 $35,108 Total $30,881 $36,108 $34,958 $35,108 Central Charges Central Charges $4,182,579 $6,232,163 $5,316,900 $4,875,446 Total $4,182,579 $6,232,163 $5,316,900 $4,875,446 Municipal Court Municipal Court $968,056 $1,064,480 $862,869 $906,591 Total $968,056 $1,064,480 $862,869 $906,591 Administrative Services Administration $308,329 $371,840 $351,818 $365,411 Public Information $297,215 $371,811 $309,611 $371,687 Finance $591,405 $612,206 $604,702 $638,219 Human Resources $619,770 $729,208 $583,752 $692,406 Purchasing and Contracting $169,972 $185,935 $118,758 $111,231 Information Technology $1,987,646 $2,309,371 $1,796,040 $1,856,393 Total $3,974,337 $4,580,371 $3,764,681 $4,035,347 Community Development Administration $248,711 $448,520 $264,421 $277,757 Planning $559,958 $866,199 $554,823 $644,784 Building $824,241 $1,113,394 $808,750 $804,500 Engineering $0 $921,943 $891,887 $844,933 Total $1,632,910 $3,350,056 $2,519,881 $2,571,974 Police Administration $1,680,741 $1,953,552 $1,827,543 $1,994,868 Grants $230,167 $153,658 $130,792 $135,601 Community Services Team $240,080 $291,616 $279,524 $292,663 General Fund Expenditures 2019 Actual 2020 Adjusted 2020 Estimated 2021 Proposed General Fund Expenditures Crime Prevention Team $248,551 $256,755 $261,175 $274,933 Records Team $465,943 $376,893 $375,570 $397,756 Training and Accreditation $328,181 $347,777 $280,727 $295,191 Patrol $5,323,246 $5,345,062 $5,516,426 $5,426,031 Investigations Bureau $2,258,168 $2,569,386 $2,574,246 $2,704,714 Crime & Traffic Team $394,832 $490,284 $403,936 $533,181 Total $11,169,909 $11,784,983 $11,649,939 $12,054,938 Public Works Administration $27,808 $0 $0 $0 Engineering $1,203,120 $0 $0 $0 Operations $3,408,061 $4,413,751 $3,605,323 $3,291,780 Total $4,638,989 $4,413,751 $3,605,323 $3,291,780 Parks and Recreation Administration $247,032 $354,715 $270,116 $295,992 Recreation $262,318 $350,852 $283,748 $315,293 Parks Maintenance $1,886,430 $1,880,300 $1,575,104 $1,360,065 Forestry $447,193 $687,305 $476,877 $475,536 Natural Resources $153,070 $185,048 $136,872 $154,690 Anderson Building $73,213 $135,117 $106,772 $90,422 Athletics $201,785 $220,934 $190,533 $226,126 General Programs $307,968 $334,593 $306,435 $305,544 Outdoor Pool $248,136 $294,115 $42,259 $322,356 Active Adult Center $467,953 $528,911 $461,265 $392,940 Historic Buildings $56,864 $94,798 $70,851 $63,637 Facilities Maintenance $424,352 $451,098 $411,548 $828,205 Rec Center Facility Operations $0 $1,263,013 $1,233,537 $573,621 Aquatics $0 $822,225 $758,704 $816,418 Fitness $0 $373,913 $282,291 $334,222 Total $4,776,314 $7,976,937 $6,606,912 $6,555,067 Total General Fund $34,493,405 $43,259,977 $37,108,136 $37,558,550 Transfers $4,040,000 $3,700,000 $3,700,000 $1,300,000 Total With Transfers $38,533,405 $46,959,977 $40,808,136 $38,858,550 Account Name/Detailed Explanation 2019 Actual Budget 2020 Adjusted Budget 2020 Estimated Budget 2021 Proposed Budget 602 Staff Salaries & Wages 109,778 112,902 112,902 112,902 604 Deferred Compensation 0 0 0 0 606 Auto Allowance 0 0 0 0 607 Cell Phone 0 0 0 0 617 Temporary Personnel - Hourly 0 0 0 0 619 Temporary Personnel - Non Hourly 0 0 0 0 620 FICA Expenses Employer 6,322 6,777 7,000 7,000 625 Medicare Portion FICA 1,478 1,585 1,637 1,637 630 ICMA Retirement 6,574 6,558 6,775 6,775 640 Outside Personnel Services 0 0 0 0 642 Compensation Adjustments 0 0 0 0 PERSONNEL SERVICES $124,152 $127,822 $128,314 $128,3141 651 Office Supplies 290 100 75 100 654 Photocopy/Printing 0 1,500 0 1,500 655 Postage 0 1,500 0 1,500 660 Operating Supplies 4,390 7,750 0 7,750 MATERIALS & SUPPLIES $4,680 $10,850 $75 $10,850 702 Conference/Meeting 2,823 2,680 1,056 1,680 704 Contractual Services 11,110 15,350 5,000 5,000 706 Dues/Books/Subscriptions 3,327 7,985 7,985 5,235 710 Marketing and Sponsorships 286,100 299,450 160,000 241,450 714 Legals & Publishing 0 0 0 0 718 TIF- Wheat Ridge Urban Renewal Authority 633,808 1,115,356 693,925 698,925 719 Economic Development Incentive 0 0 0 35,000 720 Economic Development - WRURA 300,000 300,000 300,000 300,000 721 NRS Implementation 330,548 335,025 160,000 301,000 728 Training 0 0 0 0 740 Auto Mileage Reimbursement 1,151 1,500 500 1,500 750 Professional Service 22,001 32,600 16,600 22,600 798 Management Contingent 0 0 0 0 799 Miscellaneous Services and Charges 0 0 0 0 OTHER SERVICES & CHARGES $1,590,869 $2,109,946 $1,345,066 $1,612,390 800 Office Furniture & Equipment 0 0 0 0 809 Other Major Equipment 0 0 0 0 812 Building Improvements 0 0 0 0 CAPITAL OUTLAY $0 $0 $0 $0 DEPARTMENT ACCOUNT TOTALS:$1,719,701 $2,248,618 $1,473,455 $1,751,554 City Manager's Office - Economic Development 01-105 ITEM NO: DATE: October 26, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: REFERRAL OF ORDINANCE 1691, SERIES 2020, AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE PUBLIC HEARING ORDINANCES FOR 1ST READING (10/26/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/09/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: A referendum petition has been found to be sufficient with respect to Ordinance 1691, Series 2020, which rezoned property at 9800 W. 38th Avenue. Under Section 6.2(b) of the Charter, the Council is now required to either, by ordinance, repeal the ordinance or, by resolution, refer the same to the voters of the city at the next regular election or at a special election. The earliest date for such an election is March 16, 2021. PRIOR ACTION: Ordinance 1691 was adopted by the Council on July 13, 2020. FINANCIAL IMPACT: Repeal of the Ordinance would result in no significant immediate financial cost to the City. Referral to the voters would require a special election, the cost of which is estimated at $50,000-$75,000. BACKGROUND: Ordinance 1691 rezoned certain real property at 9800 West 38th Avenue from R-1 to PRD, with an ODP permitting four single family homes and three duplexes. The Ordinance was adopted on July 13, 2020. A referendum petition was timely filed on OR 2 Council Action Form – Referral of Ordinance 1691-2020 October 26, 2020 Page 2 August 27, 2020. The City Clerk certified the petition as sufficient, following amendment as permitted by the Charter. Under the Charter, a sufficient referendum petition requires the Council to either repeal the subject ordinance or refer it to the voters of the city “at the next regular municipal election, or at a special election called therefor.” If referring to election, the Council is required to set a ballot title. The election calendar is driven by the following factors: • The estimated cost of a special election requires a Request for Proposal (RFP) due to the city’s purchasing policies. • Upon initial inquiries, election administration vendors are available to support elections no earlier than January 2021. • Once hired, the vendor and the city clerk’s office will need at least 30 days to program, print, and test the ballot printing and tabulation equipment. • The statute requires that ballots are required to be mailed to military and overseas voters (UOCAVA) no later than 45 days prior to Election Day. • Applying these considerations, the first available Tuesday for a special election is March 16, 2021. The last date (90 days before the November Coordinated Elections) is August 2, 2021. RECOMMENDATION: Council must either repeal the Ordinance or set a ballot title and refer the Ordinance to the voters. The motions below provide for each alternative: • If for repeal, the attached Repealer Ordinance is drafted for adoption on first reading in the normal manner. • If for referral to election, the attached Resolution is drafted to set a ballot question to call a special election. Given the requirements of the election statutes and the availability of election ballot printing, only the following dates are available: any Tuesday between the dates of March 16, 2021 and August 2, 2021. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 20-2020, an ordinance repealing Ordinance 1691, Series 2020 on first reading, order it published, public hearing set for Monday, November 9, 2020 at 7:00 p.m., as a virtual meeting, and that it take effect immediately upon adoption.” Or, “I move to approve Resolution 56-2020, a resolution referring Ordinance 1691, Series 2020 to a special election on ____________, 2021 and setting a ballot question therefor.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Steve Kirkpatrick, City Clerk Patrick Goff, City Manager Council Action Form – Referral of Ordinance 1691-2020 October 26, 2020 Page 3 ATTACHMENTS: 1. Resolution 56-2020 Giving Notice and Calling Special Election 2. Council Bill 20-2020 repealing Ordinance 1691, Series 2020 3. Referendum Petition 4. Certification of Sufficiency, dated September 21, 2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 56 Series of 2020 TITLE: A RESOLUTION REFERRING ORDINANCE 1691, SERIES 2020 TO A SPECIAL ELECTION, AND SETTING A BALLOT QUESTION THEREFOR WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, under Section 6.2 of the Home Rule Charter, the registered electors of the City may require that an adopted ordinance be repealed or in the alternative be referred to them at an election under the power reserved by Article V, Section 1(9) of the State Constitution; and WHEREAS, on July 13, 2020, the City Council approved Ordinance 1691, Series 2020 (the “Ordinance”) approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD); and WHEREAS, pursuant to Charter Section 6.2(b) a referendum petition (the “Petition”) was submitted with respect to the Ordinance; and WHEREAS, the Petition was amended as permitted by Charter Section 6.4, and on September 21, 2020 the City Clerk issued his certificate of sufficiency regarding the same; and WHEREAS, the Petition having been presented to the Council, the Council is obligated by Charter Section 6.2(b) to either reconsider the Ordinance or submit the Ordinance to a vote of the registered electors of the City; and WHEREAS, the Council has determined to submit the Ordinance to the registered electors of the City; and WHEREAS, Section 2.2 of the Charter requires that a municipal election be called by resolution or ordinance of the City Council. NOW THEREFORE, be it resolved by the Council of the City of Wheat Ridge: Section 1. Ordinance referred to voters; ballot question set. Pursuant to the Wheat Ridge Home Rule Charter Section 6.2, the City Council hereby refers to the registered electors of the City, Ordinance 1691, Series 2020, calls a special election for ______________, 2021, and sets the ballot question in the manner set forth below: ATTACHMENT 1 Ballot Question and Title: SHALL ORDINANCE 1691, SERIES 2020, AN ORDINANCE REZONING REAL PROPERTY AT 9800 W. 38TH AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN ALLOWING FOR FOUR SINGLE FAMILY HOMES AND THREE DUPLEXES, GO INTO EFFECT? _______ FOR THE ORDINANCE _______ AGAINST THE ORDINANCE Section 3. Effective Date. This Resolution shall take effect upon adoption and signature by the Mayor. DONE AND RESOLVED this 26th day of October 2020. _____________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 20 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE REPEALING ORDINANCE 1691, SERIES 2020, AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE WHEREAS, the City of Wheat Ridge, Colorado (the “City”), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, under Section 6.2 of the Home Rule Charter, the registered electors of the City may require that an adopted ordinance be repealed or in the alternative be referred to them at an election under the power reserved by Article V, Section 1(9) of the State Constitution; and WHEREAS, on July 13, 2020, the City Council approved Ordinance 1691, Series 2020 (the “Ordinance”) approving the rezoning of property located at 9800 W. 38th Avenue from Residential-One (R-1) to Planned Residential Development (PRD); and WHEREAS, pursuant to Charter Section 6.2(b) a referendum petition (the “Petition”) was submitted with respect to the Ordinance; and WHEREAS, the Petition was amended as permitted by Charter Section 6.4, and on September 21, 2020 the City Clerk issued his certificate of sufficiency regarding the same; and WHEREAS, the Petition having been presented to the Council, the Council is obligated by Charter Section 6.2(b) to either reconsider the Ordinance or submit the Ordinance to a vote of the registered electors of the City; and WHEREAS, upon reconsideration, the City Council has determined that Ordinance 1691, Series 2020 should be repealed. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ordinance 1691, Series 2020 is hereby repealed. Section 2. Effective Date. This Ordinance shall take effect upon adoption as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 26th day of October, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for November 9, 2020 at 7:00 p.m., as a virtual meeting. ATTACHMENT 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 9th day of November, 2020. SIGNED by the Mayor on this _____ day of ____________, 2020. _____________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: October 29, 2020 Second Publication: November 12, 2020 Jeffco Transcript Effective Date: November 9, 2020 Published: Jeffco Transcript and www.ci.wheatridge.co.us Section No. ______________ WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure in its entirety and understand its meaning. REFERENDUM PETITION To the City Council of the City of Wheat Ridge, Colorado: We, the undersigned registered electors of the City of Wheat Ridge, Colorado, do hereby petition against the going into effect of the following ordinance, the final passage of which occurred no more than forty-five (45) days before the filing of this Petition, and that the Wheat Ridge City Council submit the same to a vote of the registered electors of the City if the same is not entirely repealed: The summary of the protested ordinance is as follows: ORDINANCE NO. 1691, SERIES 2020, APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 WEST 38th AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD), TO PERMIT TEN (10) DWELLING UNITS ON 1.28 ACRES. The full text of the protested ordinance is as follows: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 11 ORDINANCE NO. 1691 Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) WITH AN OUTLINE DEVELOPMENT PLAN (ODP) (CASE NO. WZ-19-07 / HARDI) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, ATTACHMENT 3 WHEREAS, Ardalan and Kim Hardi submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) District for property at 9800 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for vibrant neighborhoods, diversification of housing stock and household types, and reinvestment in underutilized properties in neighborhood areas; and, WHEREAS, the proposed development is compatible with the surrounding area, provides an appropriate transitional land use, and complies with the comprehensive plan; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 6, 2020 and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Ardalan and Kim Hardi for approval of a zone change ordinance from Residential-One (R-1) to Planned Residential Development (PRD) for property located at 9800 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND BEING A PORTION OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27 BEING N 89°39'35” E, CITY OF WHEAT RIDGE DATUM AND MONUMENTED AS FOLLOWS: -NORTHWEST CORNER OF SECTION 27, BEING A FOUND 3.25” ALUMINUM CAP IN RANGE BOX, PLS 29757, PER MON. REC. DATED 1-14-13, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15409. -NORTH 1/4 CORNER OF SECTION 27, BEING A FOUND 3.25” BRASS CAP IN RANGE BOX, PLS 13212, PER MON. REC. DATED 5-5-06, CITY OF WHEAT RIDGE DATUM CONTROL POINT NO. 15509. POINT OF COMMENCEMENT AT THE NORTHWEST CORNER OF SECTION 27; THENCE N 89°39'35" E ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 27 A DISTANCE OF 662.91 FEET; THENCE S 00°11'55" E A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF MEADOW HAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 86051870 AND THE POINT OF BEGINNING; THENCE S 00°11'55" E ALONG THE WESTERLY LINE OF SAID MEADOW HAVEN SUBDIVISION AND THE EXTENSION THEREOF A DISTANCE OF 247.00 FEET TO A POINT ON THE NORTHERLY LINE OF WESTHAVEN SUBDIVISION, A SUBDIVISION RECORDED AT RECEPTION NO. 51495593; THENCE ALONG SAID NORTHERLY LINE OF WESTHAVEN SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. N 84°09'48" W A DISTANCE OF 40.12 FEET; 2. N 66°49'07" W A DISTANCE OF 66.72 FEET; 3. N 70°16'31" W A DISTANCE OF 166.12 FEET; 4. N 43°14'39" W A DISTANCE OF 28.03 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF JOHNSON STREET; THENCE N 00°12'32" W ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 138.53 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE; THENCE N 89°39'35" E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE A DISTANCE OF 276.48 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 55,957 SQUARE FEET, OR 1.2846 ACRES MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of May 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, July 13th, 2020 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1, this 13th day of July, 2020. SIGNED by the Mayor on this ___13th____ day of July, 2020. /s/ Bud Starker, Mayor ATTEST: /s/ Steve Kirkpatrick, City Clerk Approved as to Form /s/ Gerald E. Dahl, City Attorney First Publication: May 14, 2020 Second Publication: July 16, 2020 Wheat Ridge Transcript Effective Date: July 31, 2020 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure in its entirety and understand its meaning. The summary of the protested ordinance is as follows: ORDINANCE NO. 1691, SERIES 2020, APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 WEST 38th AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD), TO PERMIT TEN (10) DWELLING UNITS ON 1.28 ACRES. ____________________________________________________________________________________ The following two (2) persons shall represent the proponents of this petition in all matters affecting it: 1. Ihor Figlus, 9775 West 36th Avenue, Wheat Ridge, CO 80033 2. Audra Lewthwaite, 9860 West 37th Avenue, Wheat Ridge, CO 80033 WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure in its entirety and understand its meaning. The summary of the protested ordinance is as follows: ORDINANCE NO. 1691, SERIES 2020, APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 WEST 38th AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD), TO PERMIT TEN (10) DWELLING UNITS ON 1.28 ACRES. 1 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 2 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 3 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 4 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 5 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 6 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 7 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure in its entirety and understand its meaning. The summary of the protested ordinance is as follows: ORDINANCE NO. 1691, SERIES 2020, APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 WEST 38th AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD), TO PERMIT TEN (10) DWELLING UNITS ON 1.28 ACRES. 8 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 9 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 10 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 11 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 12 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 13 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 14 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure in its entirety and understand its meaning. The summary of the protested ordinance is as follows: ORDINANCE NO. 1691, SERIES 2020, APPROVING THE REZONING OF PROPERTY LOCATED AT 9800 WEST 38th AVENUE, CITY OF WHEAT RIDGE, FROM RESIDENTIAL-ONE (R-1) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD), TO PERMIT TEN (10) DWELLING UNITS ON 1.28 ACRES. 15 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 16 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 17 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 18 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 19 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing 20 Signature Residence Address (Street and Number) County Printed Name City/Town Date of Signing [SEPARATE PAGE TO BE ATTACHED TO EACH SECTION OF THE PETITION CIRCULATED – ONCE ATTACHED TO A PETITION SECTION, DO NOT REMOVE THIS PAGE] AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) COUNTY OF ____________) I, ________________________________, swear and affirm that my residential address is circulator – printed name ______________________________________________________________________________. street name and number of residence city/town state county And I do further swear: • I have read and understand the laws governing the circulation of petitions, • I was eighteen years of age or older at the time this petition section was circulated and signed by the listed electors, • I circulated the attached petition, • each signature thereon was made in my presence, • each signature on this petition is the signature of the person whose name it purports to be, • to the best of my knowledge and belief each person signing the petition was at the time of signing a registered elector, and • I have neither paid nor will I pay, and I believe no other person has so paid or will pay, directly or indirectly, any money or other thing of value to any such signer for the purpose of inducing or causing such signer to affix the signer’s signature to the petition. ______________________________________ Sign Name _______________________________________ Print Name Date: __________________________________ Sworn or affirmed before me this _______ day of _______________________, 20___. My commission expires: ________________________________ (SEAL) _______________________________________ Notary Public City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2819 F: 303.234.5924 www.ci.wheatridge.co.us Certificate of Sufficiency September 21, 2020 On August 27th, 2020 petitioners’ committee representatives submitted a petition for referendum of Ordinance 1691, series of 2020, and submitted a cure amendment to that August 27th submission on September 14, 2020. The petition and amendment as submitted contained a grand total of 2,545 petition signature entries. Under Wheat Ridge Charter Sec. 6.2(b), a referendum petition must include signatures of registered electors equal in amount to at least ten (10) percent of the total votes cast by Wheat Ridge electors in the last gubernatorial election. I have reviewed the petition as submitted and conclude as follows: Number of entries submitted August 27th and September 14th in total 2,545 Number of entries rejected, in total 322 Number of signatures accepted 2,223 Number of valid signatures required by City Charter 1,757 Pursuant to Charter Section 6.4, I hereby notify the petitioners’ committee that the petition as submitted is sufficient. This Certificate of Sufficiency will be forwarded today to the Mayor and Councilmembers for their action in response, per Charter and Code. _______________________________ Steve Kirkpatrick City Clerk ATTACHMENT 4 ITEM NO: DATE: October 26, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 53-2020 – A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2020, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2021 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: Levying property taxes for the 2020 fiscal year. PRIOR ACTION: None FINANCIAL IMPACT: The City’s mill levy will be set at 1.830, raising approximately $1,151,624 in property tax revenue. BACKGROUND: Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The estimated total net assessed valuation for the City for the year of 2020 is $629,302,589, which is a decrease of $6,002,299 compared to the final valuation in 2019. The City is also required by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson County Board of County 3 Council Action Form – Certification of Mill Levy October 26, 2020 Page 2 Commissioners by December 15, 2020. The City’s property tax mill levy will remain at 1.830 mills for the 2021 budget, generating approximately $1,151,624 in property tax revenue, an increase of $11,624 compared to the 2020 estimate. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous year. RECOMMENDATIONS: Set the mill levy at 1.830. RECOMMENDED MOTION: “I move to approve Resolution No. 53-2020, a resolution levying general property taxes for the year 2020, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2021 budget year.” Or, “I move to postpone indefinitely Resolution No. 53-2020, a resolution levying general property taxes for the year 2020, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2021 budget year for the following reason(s)___________________________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 53-2020 2. 2020 Certification of Tax Levy CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 53 Series of 2020 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2020, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2021 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2020 annual budget on October 26, 2020 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $1,151,624, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 15, 2020, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year of 2020 is $629,302,589 and; WHEREAS, the City for the fiscal year 2020 has determined to levy 1.830 mills on all taxable property within the City; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2021 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2020. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED this 26th day of October, 2020. ___________________________ Bud Starker, Mayor ATTEST: _________________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Form DLG 70 (rev 7/08) Page 1 of 2 ATTACHMENT 2 3110 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Jefferson County , Colorado. On behalf of the City of Wheat Ridge , (taxing entity)A the City Council (governing body)B of the City of Wheat Ridge (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 649,958,674 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 629,302,589 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 12-01-20 for budget/fiscal year 2021 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 1.830 mills $ 1,151,624 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 1.830 mills $ 1,151,624 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 1.830 mills $1,151,624 Contact person: (print) Patrick Goff Daytime phone: (303) 235-2805 Signed: Title: City Manager Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Form DLG 70 (rev 7/08) Page 2 of 2 ITEM NO: DATE: October 26, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 54-2020 – A RESOLUTION REQUESTING TRANSFER OF TITLE OWNERSHIP OF PANORAMA PARK, PARAMOUNT PARK, RANDALL PARK AND A PORTION OF JOHNSON PARK FROM JEFFERSON COUNTY TO THE CITY OF WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Parks & Recreation City Manager ISSUE: The City of Wheat Ridge is requesting that specific park properties located in and maintained by Wheat Ridge, currently titled to Jefferson County, be retitled to the City of Wheat Ridge. These park properties are Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park. PRIOR ACTION: On June 14, 2019, Mayor Starker sent a detailed letter to Jefferson County Commissioner Tighe, requesting the aforementioned park properties be retitled to the City of Wheat Ridge. Parks and Recreation Director O’Donnell received a phone call from Jefferson County Open Space Director, Tom Hoby, on October 5th, stating that the Board requested a formal resolution from the City of Wheat Ridge in order to move forward. FINANCIAL IMPACT: There is no financial impact associated with the retitling of these properties. They have been maintained by the City of Wheat Ridge since its incorporation in 1969. 4 Council Action Form – Retitling Four Park Properties October 26, 2020 Page 2 BACKGROUND: These parcels represent the last vestiges of the now defunct Wheat Ridge Recreation District that have not been transferred to the City’s ownership subsequent to the incorporation of Wheat Ridge and the dissolution of the District. Jefferson County acquired the parcels between 1945 and 1957. The management and control of these lands was placed in the then-existing Wheat Ridge Recreation District by the County. The City of Wheat Ridge was incorporated in 1969 and for the last 50 years, the City has performed all functions and duties previously performed by the District with respect to these four park properties. As the County’s Open Space Tax was not approved until 1972, accordingly no County open space tax dollars have been used for the acquisition, maintenance or operation of these City parks. As part of the judicial process of dissolving the Recreation District, the District conveyed and quit claimed to the City all of its interests in the District’s real property, whether owned in fee or in lesser estate. As partial consideration for those conveyances, the City agreed to maintain all of the property for the public good and benefit of its citizens. However, not all of the property maintained by the District prior to 1969 was actually titled in the District’s name. While all of the properties titled in the District passed to the City by operation of law upon the district’s dissolution, and while some City-maintained properties titled in Jefferson County’s name have already been transferred to the City of Wheat Ridge, the record title for these final remaining four parcels is still listed in the County’s name. RECOMMENDATION: Approve the Resolution as presented in order to transfer the title of these four park properties located in and maintained by Wheat Ridge to the City of Wheat Ridge. RECOMMENDED MOTION: “I move to approve Resolution No. 54-2020, a resolution requesting transfer of title ownership of Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park from Jefferson County to the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 54-2020, a resolution requesting transfer of title ownership of Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park from Jefferson County to the City of Wheat Ridge for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 54-2020 2. Letter from Mayor Starker to Commissioner Tighe, dated June 14, 2019 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 54 Series of 2020 TITLE: A RESOLUTION REQUESTING TRANSFER OF TITLE OWNERSHIP OF PANORAMA PARK, PARAMOUNT PARK, RANDALL PARK AND A PORTION OF JOHNSON PARK FROM JEFFERSON COUNTY TO THE CITY OF WHEAT RIDGE WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, four parcels of real property operated as public parks (Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park) are located in and have been maintained by the City of Wheat Ridge since its incorporation in 1969; and WHEREAS, the aforementioned parcels represent the last vestiges of the now defunct Wheat Ridge Recreation District that have not yet been transferred to the City’s ownership subsequent to the incorporation of Wheat Ridge and the dissolution of the District; and WHEREAS, the aforementioned parcels appear to remain in the titled ownership of Jefferson County; and WHEREAS, the County’s Open Space Tax was not approved by the voters until 1972, accordingly no County open space tax dollars have been used for the acquisition, maintenance or operations of these City parks; and WHEREAS, these four parks are and have been used for active and passive recreation by the residents of the City of Wheat Ridge and surrounding communities for the past 50 years; and WHEREAS, the City Council wishes to formally request of the Jefferson County Board of Commissioners that Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park be retitled to the City of Wheat Ridge. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The City of Wheat Ridge, acting by and through its City Council, hereby requests that the Jefferson County Board of Commissioners approve deeds conveying to the City any remaining County title interest in Panorama Park, Paramount Park, Randall Park and a portion of Johnson Park. The Council further authorizes and directs the City Manager, Director of Parks and Recreation, and the City Attorney to prepare such instruments as requested by the County to effect the requested transfer, and authorizes and directs the Mayor and City Clerk to execute the same as needed. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of October 2020. ____________________________ Bud Starker, Mayor ATTEST: _____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 2 ITEM NO: DATE: October 26, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 55-2020 – A RESOLUTION APPROVING AN AMENDMENT TO THE GRANT AGREEMENT WITH GREAT OUTDOORS COLORADO FOR THE PROSPECT PARK PHASE II PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ ______________________________ Director of Parks & Recreation City Manager ISSUE: The City was awarded $350,000 from Great Outdoors Colorado (GOCO) in 2018 and an additional $162,970 from GOCO in 2020 for the Prospect Park Phase II project. In 2018, the City entered into a grant agreement with GOCO to accept the $350,000 award and use it for the Prospect Park Phase II project. To accept the additional $162,970 award from GOCO in 2020, the City must either enter into a second grant agreement with GOCO for those funds or agree to amend the 2018 agreement to also include the $162,970 award for the same project. Either way, the grant agreement(s) would extend through March 31, 2022. The Parks & Recreation Department is recommending the amendment option as it will allow for simpler reimbursement and management of funds, grant reporting, and project management. GOCO does not have a preference of either option. PRIOR ACTION: In 2018, City Council approved a grant agreement with GOCO and accepted $350,000 from the Local Parks and Outdoor Recreation program to be used for the Prospect Park Phase II project. 5 Council Action Form – GOCO Grant Amendment for Prospect Park Phase II October 26, 2020 Page 2 FINANCIAL IMPACT: The financial impact of approving this Resolution is that the City would have an additional $162,970 in available funds for the Prospect Park Phase II project, likely to be used in 2021. If this Resolution is not approved, there is no immediate financial impact to the City, but there would be less funding available to the City to be used towards the Prospect Park Phase II project in 2021. BACKGROUND: The Parks and Recreation Master Plan surveyed residents in 2014-2015 and found that the top future funding priority for residents is to “make improvements and/or renovate existing park facilities. Eighty-seven percent of respondents listed this as one of their top three priorities, with 35% indicating it should be the top priority. The department worked with Design Concepts (a landscape architecture and civil engineering firm) to develop a three-phase improvement plan for Prospect Park. Phase I was completed between 2016-2018 and included improvement work on the baseball/softball diamonds, football field, irrigation and drainage systems, erosion control, grading, and landscaping. In 2018, the City was awarded a $350,000 grant from GOCO’s Local Parks and Outdoor Recreation program to help fund the Phase II work. Phase II project components include replacing the picnic pavilion, adding a fishing area and pier, replacing the tennis court with Pickleball courts, improving the pedestrian trails, access roads, and parking areas, electrical work, erosion control, and landscaping. The picnic pavilion replacement was funded in the 2020 budget but the rest of the components have not yet been funded. In 2020, the City requested and was approved for an extension on this grant agreement through March 31, 2022. In 2020, the City applied for and was awarded $162,970 from GOCO’s Resilient Communities Program to assist with funding the fishing area work at Prospect Park. GOCO offered to amend the original grant agreement from 2018 to include the 2020 grant award since both are for the same Prospect Park work. RECOMMENDATIONS: The Parks and Recreation Department recommends approval of this Resolution to approve the amended grant agreement, accept the grant funds, and utilize the grant funds for the Prospect Park Phase II project. This project has been delayed due to lack of funds, and these additional grant funds will allow the project to be completed in 2021. RECOMMENDED MOTION: “I move to approve Resolution No. 55-2020, a resolution approving an amendment to the grant agreement with Great Outdoors Colorado for the Prospect Park Phase II Project.” Or, Council Action Form – GOCO Grant Amendment for Prospect Park Phase II October 26, 2020 Page 3 “I move to postpone indefinitely Resolution No. 55-2020, a resolution approving an amendment to the grant agreement with Great Outdoors Colorado for the Prospect Park Phase II Project for the following reason(s) _______.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Director of Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 55-2020 2. Grant Agreement 18033 with Great Outdoors Colorado 3. Amendment to Grant Agreement 21019 (not including Exhibits) 4. Prospect Park Phase Plans (includes Phases I-III) ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 55 Series of 2020 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE GRANT AGREEMENT WITH GREAT OUTDOORS COLORADO FOR THE PROSPECT PARK PHASE II PROJECT WHEREAS, the City of Wheat Ridge previously entered into a grant agreement with Great Outdoors Colorado for accepting $350,000 in grant funds from the Local Parks and Outdoor Recreation Program to be used towards the Prospect Park Phase II project; and WHEREAS, the City of Wheat Ridge agrees to accept an additional $162,970 in grant funds from Great Outdoors Colorado’s Resilient Communities Program; and WHEREAS, the City of Wheat Ridge wishes to agree to an amendment to grant agreement #18033 to increase the 2018 grant award by $162,970 from $350,000 to $512,970 to reflect the additional grant award from 2020; and WHEREAS, the City of Wheat Ridge agrees to utilize the $512,970 in grant funds from Great Outdoors Colorado for the Prospect Park Phase II project. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The amendment to GOCO grant agreement #18033 is hereby approved to accept an additional $162,970 in grant funds for the Prospect Park Phase II project. DONE AND RESOLVED this 26th day of October, 2020. ____________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk GRANT AGREEMENT PROJECT: Project Title: Prospect Park Renovation Phase II Contract Number: 18033 Completion Date: March 15, 2020 PARTIES TO AGREEMENT: Board: The State Board of the Great Outdoors Colorado Trust Fund 1900 Grant St, Suite 725 Denver, CO 80203 Grantee: City of Wheat Ridge RECITALS A.The State Board of the Great Outdoors Colorado Trust Fund (referred to herein as “GOCO” or the “Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the State’s parks, wildlife, open space and recreational resources. B.In 1994, the Board created a statewide grant program, pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects to which Grantee responded with a detailed application (the “Project Application”). C.Grantee submitted a Project Application to the Board which contemplates the execution of the project entitled and described above (the “Project”). The Project is briefly described in the Project Summary attached hereto as Exhibit A. The parties acknowledge that they have on file a complete copy of the Project Application, which is incorporated herein. D.The Board approved Grantee’s Project Application on March 15, 2018, subject to the execution of a grant agreement, the terms and conditions of which are set forth herein. The parties intend this agreement to be the detailed final grant agreement required by the Board (the “Agreement”). DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 ATTACHMENT 2 2 AGREEMENT NOW, THEREFORE, in consideration of the parties’ mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated into the terms of this Agreement. 2. Representations and Warranties of Grantee. a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. b. Grantee’s governing body has authorized entering into this Agreement as evidenced by the resolution included in the Project Application. c. Grantee warrants that it has good and sufficient title to the property or properties on which the Project is to be located (the “Property”). GOCO may require Grantee to provide evidence of its ownership of the Property and encumbrances against the Property satisfactory to GOCO in GOCO’s discretion prior to funding.. 3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the Board hereby awards to Grantee a sum not to exceed $350,000.00 (the “Grant”). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. 4. Project Scope. Grantee shall not materially modify the Project or the Project budget (included in the Project Application) without the prior written approval of the Executive Director of GOCO (“Executive Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion. Any material modification to the Project undertaken without GOCO’s prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as reflected in the Project Application, Grantee will promptly so advise the Board, and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO’s approvals related to the Project. 6. Completion Date. Grantee shall complete the Project and submit its Final Report no later than March 15, 2020 (the “Completion Date”) which is 24 months after the Board’s approval of the Project. Grantee may request an extension of the Completion Date in compliance with GOCO’s Overdue Grants procedure, as may be amended from time to time by GOCO in its sole discretion. GOCO may elect to terminate this Agreement and deauthorize the DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 3 Grant in the event the Completion Date is not met and/or Grantee fails to comply with the Overdue Grants procedure. 7. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for the Project as reflected in the Budget and as required by GOCO policy, or the status of efforts to secure matching funding was disclosed and has been deemed satisfactory by Staff; and shall provide such evidence of the same as GOCO may require in its reasonable discretion. 8. Disbursement of Funds. a. Progress Payment: Grantee may opt to receive a portion of the Grant funds after starting but prior to completing work on the Project (a “Progress Payment”). Grantee shall provide GOCO with a progress report detailing expenditures and progress made to date (“Progress Report”). The Progress Report must be submitted using GOCO’s Progress Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation to support making a Progress Payment. A Progress Payment shall not exceed GOCO’s percentage of expected overall costs (as determined by the GOCO-approved budget) applied to the value of documented eligible expenses or 50% of the Grant, whichever is less. A Progress Payment shall be considered a loan until the Project is complete and Final Payment (as defined below) has been made. b. Final Payment: Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project and its completion (the “Final Report”). The Project is “complete” when all facilities, trails or other improvements included in the Project have been built and are ready for their intended use. The Final Report must be submitted using GOCO’s Final Report form (available at www.goco.org or by contacting GOCO). GOCO may, in its discretion, request additional documentation before its approval of the contents of the Final Report. Upon GOCO’s review and approval of the Final Report, GOCO shall pay the outstanding balance on the Grant (the “Final Payment”), subject to any reductions contemplated by any provision of this Agreement. 9. Conditions for Disbursement of Funds. Except as provided in Paragraph 10 below, the Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for the cost of fixed assets, including construction of new facilities, and enlargement or renovation of existing facilities. The Grant and all matching funds may not be used to pay for maintenance costs, administrative costs (such as salaries associated with administering the Grant, office supplies, telephone, or travel expenses), non-fixed assets (such as athletic or maintenance equipment), or any other costs deemed to be ineligible by the Board, at the Board’s sole discretion. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee and supported by written documentation (receipts, bills, etc.). GOCO may, in its discretion, depending on the nature of the Project, require documentation of mechanics lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 4 c. Except as otherwise agreed to in writing in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. “Material modifications” may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of recreational development components to be constructed, changes to the nature of the recreational development components to be constructed, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 10. Waiver. The Executive Director or the Executive Director’s designee may in such person’s discretion, waive or agree to modify one or more of the obligations in sections 8, 9, and 16 of the Agreement, or may permit performance of one or more of such obligations subsequent to disbursement. 11. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant is subject to GOCO’s determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, including, but not limited to, adequate reserves, funding requirements and/or commitments for other past, current and future grants, and past, current and future GOCO operating expenses and budgetary needs. 12. Project Operation and Maintenance. a. Subject to annual appropriations, Grantee shall operate, manage, and maintain the Project in a reasonable state of repair for the purposes specified and for the useful life of the Project in the Project Application, in accordance with product warranties and/or the generally accepted standards in the parks/recreation community, and provide and maintain access to the Project and to the Property, regardless of the Property’s ownership. The Grantee has estimated a useful life of 20 years in the project application. b. Failure to comply with the provisions of Paragraph 12.a. may be deemed a breach by Grantee under Paragraph 21, below. c. GOCO shall not be liable for any cost of maintenance, management or operation of the Project. d. Within 60 days of a reasonable request by the Board, Grantee will provide the Board with adequate records reflecting the operating and maintenance costs of the Project and provide the Board with such other information concerning the use of the Project by the public and the impact of the Project. e. The Grantee’s administrative staff shall request to the Grantee during the Grantee’s annual budget process a request for an appropriation sufficient to meet the financial obligations of the Grantee presented by this Agreement. The Grantee will use its best efforts to fully DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 5 consider such appropriation and the Parties understand that Board is relying upon fair and full consideration of annual appropriation in its decision to extend its resources and the grant hereunder, and enter into this Agreement. In the event that the Grantee fails to appropriate sufficient funds to meet the obligations of this Agreement, the Grantee shall provide notice to the Board of the specific reason(s) for any decision not to appropriate funding. Grantee’s administrative staff shall notify the Board of any recommendation not to fund or to partially fund the annual appropriation necessary to fulfill Grantee’s obligations hereunder. 13. Public Access. Grantee agrees, for itself and its successors in interest, to allow reasonable public access to the Project for the term specified in Section 12. Grantee may temporarily close such public access for construction, maintenance, emergency situations, or other reasonable purposes. 14. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee hereby assumes responsibility for compliance with applicable regulatory requirements, including but not limited to nondiscrimination, worker safety, local labor preferences, preferred vendor programs, equal employment opportunity, use of competitive bidding, permits, approvals, and other similar requirements. To the extent permitted by law, Grantee will indemnify and hold the Board harmless from any liability for any failure to comply with any such applicable requirements. 15. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Further, during the performance of this Agreement, Grantee and anyone acting on behalf of Grantee shall not engage in any unlawful discrimination in permitting access and use of the Project. 16. Publicity and Project Information. a. Grantee shall erect and maintain a sign at a prominent location on the Project site acknowledging the assistance of Great Outdoors Colorado and the Colorado Lottery. GOCO will provide such signs at no cost to Grantee. Alternatively, GOCO will provide a reproducible version of its logo to Grantee for custom signs. i. GOCO shall approve in advance the design of any permanent sign materially varying from the signs provided by GOCO if any. To obtain such approval, Grantee shall submit to GOCO plans describing the number, design, placement, and wording of signs and placards. Plans shall be submitted to the Board for review and approval prior to completion of the Project. ii. The Board may withhold Final Payment pending evidence of placement of permanent signage. DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 6 b. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. c. Grantee shall cooperate with the Board or the Board’s designee in advance in preparing public information pieces related to the Project. d. Grantee shall give the Board the right and opportunity to use information gained from the Project. e. Grantee shall give the Board a minimum 30 days’ notice of Project grand openings, dedications, or other events. f. Grantee shall give timely notice of the Project, its inauguration, significance, and completion to the local members of the Colorado General Assembly, members of the board of county commissioners of the county or counties in which the Project is located, as well as to public officials of the Grantee. g. Grantee shall provide quality digital photographs of the completed Project with the Final Report. All materials, publications, artwork, videos, photographs, websites, and any other work product developed as a result of GOCO’s funding will be the sole and exclusive property of the Grantee. However, GOCO reserves the right to use and duplicate such materials and work product in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre-approval from the Grantee. h. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 17. Liability. a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s performance of this Agreement. Grantee hereby waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Grantee acknowledges that Grantee is the owner of the Project and the Property upon which it is located, or has control of the Project and the Property, and that GOCO neither possesses nor controls the Project, the Property, nor the operations of the Project. b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protection provided to the Board under the Colorado DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 7 Governmental Immunity Act (“CGIA”) as amended or as may be amended in the future (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq. The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board, its members, officers, agents and employees. 18. Audits and Accounting. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project. The accounts, documents, and records related to the Project shall be retained by Grantee for not less than five (5) years following the date of disbursement of funds under this Agreement. The Board, or its designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of Grantee which pertain to the Project and to the use and disposition of the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records hereunder. 19. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 20. Withdrawal of Board Funding; Termination of Agreement. Anything else in this Agreement or otherwise to the contrary notwithstanding, the Board may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or seek a refund of payments already made if the Board determines in its discretion that: a. facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; b. any material modifications in the scope or nature of the Project have occurred from that which was presented in the Project Application and such material modifications have not received the prior written approval of GOCO; c. any statement or representation made by Grantee in the Project Application, this Agreement, the Progress Report, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material respect; d. the results of GOCO’s review of the Progress Report, or the Final Report are not acceptable to GOCO; e. the Project will not or cannot be completed by the Completion Date or any extensions granted thereto or delays in the implementation of the Project have occurred which, in the Board’s judgment, make the Project impracticable; DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 8 f. the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee’s matching funding are reduced; g. title to or encumbrances against the Property are or become such that Grantee is unable to complete the Project, or the Project and/or the Property are or become unavailable for public use. 21. Breach. a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following: i. Prior to payment of Grant: A. Withdraw the Grant and terminate this Agreement; and, B. Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment (partial or full) of Grant: A. Deny Grantee eligibility for participation in future Board grants, loans or projects; B. Seek specific performance of Grantee’s obligations under this Agreement; C. Receive reimbursement in full of disbursement made under the Grant, including in the event that Grantee does not fulfill its obligation under Section 12.a. of the Agreement due to lack of annual appropriations. b. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event GOCO must pursue any remedy hereunder and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. 22. Good Faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information which may reasonably be believed to be material to the other party. 23. Assignment. Grantee may not assign its rights under this Agreement without the consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this Agreement. DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 9 24. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado and venue for any dispute hereunder shall lie exclusively in the State Courts of the City and County of Denver. 25. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee or other relationship between the parties hereto other than independent contracting parties. Except as permitted under the remedies provisions hereunder, neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. 26. Severability. If any provision of this Agreement, or the application thereof, is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision, other than those as to which it is found to be invalid, shall remain in full force and effect. 27. Time is of the Essence. Time is of the essence in this Agreement. 28. Survival. The terms and provisions of this Agreement and the parties’ covenants hereunder shall survive the funding of the Grant and the completion of the Project. 29. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one Agreement. In addition, the parties agree to recognize signatures of this Agreement transmitted by telecopy or e-mail as if they were original signatures. 30. Third Party Beneficiary. The Board and Grantee hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee, and that no third party beneficiaries are intended. 31. Construction. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 32. Waiver. The failure of either party to enforce a term hereof shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach of the same, similar or different nature. No waiver shall be enforceable hereunder unless signed by the party against whom the waiver is sought to be enforced. 33. Entire Agreement. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless made as an amendment to this contract, approved by the Board, and signed by the parties. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of \d3\. STATE BOARD OF THE GREAT GRANTEE: DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 3/28/2018 10 OUTDOORS COLORADO TRUST FUND City of Wheat Ridge By: By: \s3\ \s1\ Chris Castilian Title: \t1\ Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: *NOTE* Signee should be same individual authorized to sign grant agreement in attached resolution \s2\ DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 Wheat Ridge Mayor EXHIBIT A Project Summary Rank: 12 Overall Score: 88 GOCO Staff Score: 89 Reviewer Average: 87 Applicant: City of Wheat Ridge Project Title: Prospect Park Renovation Phase II County: Jefferson Log #: 18033 Funding Summary: Project Description: The City of Wheat Ridge is requesting funds for the Prospect Park Renovation project. Phase II includes installing six new pickleball courts, enhancing the park entrance, adding a new fishing dock, replacing the picnic pavilion, relocating the playground, adding two shelters and improving vehicle and pedestrian circulation. Staff and Peer Reviewer Comments: The project presents a detailed scope designed to engage the whole community. The addition of these recreational amenities will provide opportunities to people of all ages and abilities. The last major improvements to this park occurred in 1997. The applicant did an excellent job detailing the need to update the park, the deterioration condition of several elements in the park and user conflicts. The addition of pickleball courts will expand programming opportunities and playing time for pickleball players. Players are currently using indoor courts or traveling outside of the community to play. The public process that has prioritized the project components is robust and inclusive. These components respond directly to documented community demand. Applicant Funding $1,236,158 Partner(s) Funding $0 GOCO Grant Amount $350,000 Total Project Cost $1,586,158 DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 EXHIBIT B INTERGOVERNMENTAL (or other) AGREEMENT (If applicable) DocuSign Envelope ID: 76D394CF-75D5-4A7C-818E-044D4D4477B6 ATTACHMENT 3 AMENDMENT TO GRANT AGREEMENT Project Name: Prospect Park and Panorama Park Social-Distancing Amenities Contract Number: 21019 Completion Date: March 31, 2022 PARTIES TO AGREEMENT Board/GOCO: The State Board of the Great Outdoors Colorado Trust Fund Address: 1900 Grant Street, Suite 725 Denver, CO 80203 Telephone: (303) 226-4520 Contact name: Matt Brady Grantee: City of Wheat Ridge Address: 7500 W 29th Ave, Wheat Ridge, CO 80215 Contact name: Brandon Altenburg Date: August 21, 2020 EXHIBITS Exhibit A Original Grant Agreement Exhibit B Project Summary Exhibit C Resolution Exhibit D Budget RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or “Board”) and Grantee entered into a grant agreement dated effective March 28, 2018 at Contract Number 18033 (“Agreement”). The Agreement establishes the requirements pursuant to the delivery of project outcomes as outlined in Grantee’s Project Application, as defined in the Agreement. B. As identified in the 2021 Spending Plan, the GOCO Board is prioritizing funding immediate needs or opportunities that have emerged in direct response to the COVID-19 pandemic through the Resilient Communities Program. C. Grantee listed above (“Grantee”) submitted a proposal through the Resilient Communities Program (“Project Application”) that contemplates the execution of the project entitled above and described in GOCO’s project summary (“Project Summary”), attached and incorporated as Exhibit B (“Project”). GOCO approved Grantee’s Project Application, which is incorporated into the Agreement by reference, on September 10, 2020, subject to the execution of a detailed grant agreement. GOCO and Grantee each have on file a copy of the Project Application. D. As articulated in the Project Application and Project Summary and as approved by the GOCO Board, the Grantee seeks additional financial support to augment existing funds awarded pursuant the Agreement. AMENDMENT NOW, THEREFORE, the parties wish to amend the Agreement (“Amendment”). 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Amendment. 2. The parties wish to increase the original grant amount in the Agreement by $162,970.00 in Local Government purpose funds as articulated in Exhibit C and Exhibit D. 3. All recitals and terms of the original Agreement shall remain in full force and effect unless specifically modified by this Amendment. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Amendment effective as of . STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND CITY OF WHEAT RIDGE By: By: \s3\ \s1\ Chris Castilian Title: t1\ Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: \s2\ EXHIBIT A Original Grant Agreement EXHIBIT B Project Summary EXHIBIT C Resolution EXHIBIT D Budget ATTACHMENT 4