HomeMy WebLinkAboutVirtual City Council Meeting Agenda 02-08-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 8, 2021
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
February 8, 2021) 2. Virtually attend and participate in the meeting through a device or phone:
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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
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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
Black History Month Proclamation APPROVAL OF MINUTES
City Council meeting minutes of January 25, 2021
APPROVAL OF AGENDA
CITY COUNCIL AGENDA: February 8, 2021 Page -2-
CITIZENS’ RIGHT TO SPEAK
a.Citizens may speak on any matter not on the Agenda for a maximum of 3 minutesunder Citizens Right to Speak. Please speak up to be heard when directed by theMayor.
b.Citizens who wish to speak on a Public Hearing item or Decision, Resolution orMotion may speak when directed by the Mayor at the conclusion of the staff reportfor that specific agenda item.
c.Citizens may comment on any agenda item in writing by noon on the day of themeeting at www.WheatRidgeSpeaks.org. Comments made on Wheat RidgeSpeaks are considered part of the public record.
1.CONSENT AGENDA
a.Resolution No. 05-2021 - a resolution amending the Fiscal Year 2021 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $5,444,307.38
b.Resolution No. 06-2021 - a resolution amending the fiscal year 2020 Capital Improvement Program budget to reflect the approval of a reduction in appropriation in the amount of $1,717,858
c.Motion to amend and extend the contract for professional services to AECOM Technical Services, Inc., Greenwood Village, CO, for the period of January 1, 2021 – December 31, 2021 in an amount not to exceed $1,117,340.00 and approve payments for ongoing program management services for the Investing 4 the Future program
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2.Council Bill No. 01-2021 - an ordinance concerning use taxes, and in connectiontherewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to providea Building Materials Use Tax Exemption for Public Housing Authorities
3.Resolution No. 07-2021 - a resolution approving a major subdivision plat on property
zoned Mixed Use-Commercial (MU-C) and located at 7661 W. 41st Avenue
ORDINANCES ON FIRST READING
4.Council Bill No. 02-2021 - an ordinance amending the Wheat Ridge Code of Laws to
adopt a new Article XIV in Chapter 11 entitled Short-Term Rental Licenses and inconnection therewith making conforming amendments in Chapters 22 and 26
5. Council Bill No. 03-2021 - an ordinance amending Ordinance 1697, Series 2020,
concerning regulation of noise
DECISIONS, RESOLUTIONS AND MOTIONS
CITY COUNCIL AGENDA: February 8, 2021 Page -3-
6. Motion to approve appointment of representatives to the Race and Equity Task Force CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
PROCLAMATION BLACK HISTORY MONTH FEBRUARY 2021 WHEREAS, February’s Black History Month is an annual celebration of achievements by Black Americans, recognition of their central role in U.S. history, and a time to reflect on the continued struggle for racial justice; and
WHEREAS, experts say understanding Black history and learning more about systemic racism is essential as our Country faces backlash to civil rights activism such as the protests following the death of George Floyd; and
WHEREAS, Carter G. Woodson, known as the “Father of Black History,”
developed Black History Month. Woodson, whose parents were enslaved, was an author, historian and the second Black American to earn a Ph.D. at Harvard University; and
WHEREAS, Woodson chose February to coincide with the birthdays of Frederick
Douglass, a famed abolitionist who escaped from slavery, and President Abraham Lincoln, who formally abolished slavery; and WHEREAS, Wheat Ridge City Council passed a resolution in 2020
condemning racism which confirmed “racism and hate have no place in our City
and there is much work to be done to stop pervasive, long-standing, and devastating racial injustices in our community”; and WHEREAS, the Wheat Ridge City Council and City staff participated in
equity and bias training in 2020 and created a Race and Equity Task Force
consisting of diverse and multiple perspectives to review City policies, services, ordinances and community systems to identify policies and practices that contribute to discrimination; and
WHEREAS, the City of Wheat Ridge recognizes the importance of Black
History Month and our ongoing commitment to continuous improvement and self-reflection in order to become a more inclusive and responsive community. NOW THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and
City Council formally designate the month of February, 2021, as
BLACK HISTORY MONTH IN WITNESS WHEREOF, on this 8th day of February 2021.
Bud Starker, Mayor
Steve Kirkpatrick, City Clerk
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
January 25, 2021
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;; Police Chief Chris Murtha;
Director of Parks and Recreation, Karen O’Donnell; Recreation Director, Susan
Anderson; Special Counsel, Geoff Wilson; Lindsay Reinert, Lutheran SCL Health, other
staff, guests and interested citizens.
PROCLAMATIONS AND CEREMONIES
This item began at 7:02 PM.
Heart Healthy Month
Mayor Starker declared that the City of Wheat Ridge joins the Healthy Eating Active
Living (HEAL) Committee, consisting of staff from SCL Lutheran Medical Center, Kaiser
Permanente, Jefferson County Public Health, Localworks, along with local businesses
and residents, who are focused on promoting healthy opportunities for Wheat Ridge
residents and businesses and proclaimed February as Heart Healthy Month. Ms.
Reinhart attended and gracefully accepted the proclamation on behalf of all who seek to
reduce the incidence and frequency of heart disease and sudden death. Ms. Anderson
thanked the City for supporting the HEAL initiative.
City Council Minutes January 25, 2021 page 2
APPROVAL OF MINUTES
Without objection or correction, with one added item, the City Council Minutes of
January 11, 2021 were approved as published, with the addition of the URL for the
Colorado Radon testing program added in Elected Officials Matters.
APPROVAL OF AGENDA
Motion by Councilmember Urban, seconded by Councilmember Hoppe, to remove
agenda Items 4 and 5 and reschedule them to the next available Study Session for
further discussion.
CITIZENS’ RIGHT TO SPEAK
This item began at 7:14 PM.
Guy Nahmiach, 3650 Ward Road, publisher of the Gazette, called to thank the City for
our ad in the recent edition promoting our Parks and Recreation. He thanked the WR
PD for its help in promoting efforts to prevent human trafficking.
Dan Brennan, former Chief of Police, called to advance the Wheat Ridge Rotary effort
through the Future Backpack Program, to support food for small children in three of our
elementary schools. He asked Council if he can get the $8,000 approved for the food
program to be repurposed because with schools closed the food program has not been
operating. The funds would be used for clothing, outer garments, hats, socks other
personal items as well as food in some cases.
Note: Without objection, Council consented to Chief Brennan’s request. To provide
more support go to the Wheat Ridge Foundation or Community Table websites and
make a contribution using the drop-down menu.
Councilmember Hoppe clarified that anyone wishing to speak about items 4 and 5 may
speak now.
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).
No comments appeared in Wheat Ridge Speaks for this Council Meeting.
City Council Minutes January 25, 2021 page 3
CONSENT AGENDA
There were none of these items for this meeting.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:24 PM
1. Council Bill No. 24-2020 - An Ordinance repealing and reenacting Section 7-6
of the Wheat Ridge Code of Laws concerning creation of a process for
addressing complaints alleging campaign finance violations in City elections.
Councilmember Urban introduced Council Bill 24-2020.
Recent State legislation assigns the responsibility for conducting hearings concerning
alleged campaign finance violations in City elections to the City. The City’s present
ordinance for the conduct of hearings regarding election matters pre-dates the State
legislation and is in need of updating in light of the new State law.
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. 1704
City Attorney Geoff Wilson spoke to the Council about the issue and on how prior to
2109, complaints alleging violations of Art XXVIII of the Colorado Constitution or the
State Fair Campaign Practices Act (FCPA) in municipal elections were filed with the
Secretary of State.
Mr. Wilson also spoke to Council about the bill, along with State laws surrounding it, as
the proposed amendment to the Code rewrites section 7-6 to address campaign finance
complaints. He explained that this ordinance is modeled after the complaint process set
forth in SB19-232 for complaints filed with the State, as well as various municipal
ordinances implementing local complaint processes in the wake of the State legislation.
The proposed complaint process includes the following elements:
• A detailed process for filing a complaint in writing, followed by initial review by the
City clerk.
• Authority of the Clerk to dismiss the complaint, provide an opportunity to cure
deficiencies in the complaint, or set the complaint for a hearing.
• A process for the conduct of a hearing by an independent hearing officer.
• Authority of the hearing officer to impose penalties of at least twice the amount
contributed, received or spent unlawfully, a daily civil penalty for delinquent
filings, as well as other penalties.
• Provision that the municipal judge will perform the functions of the clerk under
this ordinance if a complaint involves a city clerk candidate
City Council Minutes January 25, 2021 page 4
Public Comment
Nobody came forward to speak on this item.
Council Questions and comments
Council had no further questions or comments.
Mayor Starker closed the public hearing.
Motion by Councilmember Urban to approve Council Bill No. 24-2020 - an ordinance
repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning
creation of a process for addressing complaints alleging campaign finance violations in
City elections, on second reading, and that it takes effect 15 days after final publication,
seconded by Councilmember Stites, motion carried 8-0.
2. Council Bill No. 25-2020 - An Ordinance adopting section 16-47 of the Wheat
Ridge Code of Laws concerning unlawful removal or defacing of notices on
public property and establishing penalties for violation of the same
Councilmember Nosler Beck introduced Council Bill 25-2020.
This ordinance creates a new Code Section 16-47, making it a violation to remove
signage, and in particular the no trespassing signs authorized by the revised Code Section 16-46. Mayor Starker opened the public hearing at 7:27 p.m.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1705 City Attorney Gerald Dahl spoke to the Council about the issue and recalled the Study
Session discussion of this item and the next. He explained the connection between this
proposed Ordinance and the next agenda item.
Public Comment
No one came forward to speak.
Council Questions and comments
Councilmember Urban asked if this Ordinance applies only to City of Wheat Ridge
signs, vs. CDOT or other agencies. Mr. Dahl answered that it does only apply to signs
erected or placed by the City on public property.
Mayor Starker closed the public hearing.
Motion by Councilmember Nosler Beck to approve Council Bill 25-2020 - an ordinance
adopting section 16-47 of the Wheat Ridge Code of Laws concerning unlawful removal
or defacing of notices on public property and establishing penalties for violation of the
City Council Minutes January 25, 2021 page 5
same, on second reading, and that it takes effect 15 days after final publication,
seconded by Councilmember Hoppe, motion carried 8-0.
3. Council Bill No. 26-2020 - An Ordinance repealing, retitling and reenacting
section 16-46 of the Wheat Ridge Code of Laws concerning trespass and
establishing penalties for violation of the same.
Councilmember Stites introduced Council Bill 26-2020.
The purpose of this ordinance is to place on notice those who enter or remain upon the
premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal activity. This ordinance amends and significantly enhances the City's current Code 16-46 on trespassing, including posting of
notices prohibiting trespassing. Mayor Starker opened the public hearing at 7:32 p.m.
City Clerk Steve Kirkpatrick assigned Ordinance No. 1706
City Attorney Gerald Dahl spoke to the Council about the issue and that since
panhandling is seen by the courts as a First Amendment right, the ability of the police
has been restricted to enforcing only aggressive panhandling. Staff researched
ordinances from other communities that have been adopted to help mitigate some of the
negative impacts caused by homelessness.
Some City processes (Board of Adjustment procedures, Planning Commission
processes, clean-ups of City owned property) require that a notice or notices be placed
or posted upon the affected property in order to ensure that those impacted by an
impending action or other activity are notified of it. City staff have reported that these
notices are sometimes altered, moved, or removed from the posted property altogether;
this subverts a significant governmental interest in ensuring that necessary
governmental operations are carried out in an effective and efficient manner. Just as
importantly, this deprives those affected by the impending action or activity, and the
general public, of fair notice of the action or activity.
Mr. Dahl reviewed the reason and purposes for the proposed Ordinance.
Public Comment
No one came forward to speak on this item.
Council Questions and comments
Council had no questions.
Mayor Starker closed the public hearing.
City Council Minutes January 25, 2021 page 6
Motion by Councilmember Stites to approve Council Bill 26-2020 - an ordinance
repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code Of Laws
concerning trespass and establishing penalties for violation of the same, on second
reading, and that it takes effect 15 days after final publication, seconded by
Councilmember Hoppe, motion carried 8-0.
4. Council Bill No. 27-2020 - An Ordinance adopting section 16-70 of the Wheat
Ridge Code of Laws concerning pedestrian use of roadway center medians,
and in connection therewith amending section 16-113, sales and solicitation
in certain places prohibited.
The ordinance is intended to reduce auto/pedestrian accidents by regulating center medians that are unsafe for occupation by pedestrians and other pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or
hinders traffic flow, and soliciting in areas that are unsafe for such activity. The
ordinance adopts a new section of the Wheat Ridge Code of Laws governing pedestrian and traffic safety and amends the current section on solicitation activities to add a legislative declaration.
Motion by Councilmember Hutchinson, seconded by Councilmember Hoppe to cancel
tonight’s public hearing on Council Bill No. 27-2020 and direct staff to republish public notice for the public hearing of the proposed ordinance after Council has considered this item in a future Study Session.
5. Council Bill No. 28-2020 - An Ordinance adopting section 16-69 of the Wheat
Ridge Code of Laws concerning pedestrians hindering the flow of traffic
Councilmember Hultin introduced Council Bill 28-2020.
The ordinance is intended to reduce auto/pedestrian accidents by prohibiting actions by pedestrians that obstruct or hinder traffic, including pedestrians being physically in traffic lanes or extending objects, hands, etc., into traffic lanes. The ordinance adopts a new section of the Code.
Motion by Councilmember Hultin, seconded by Councilmember Hoppe, to cancel tonight’s public hearing on Council Bill No. 28-2020 and direct staff to republish public notice for the public hearing of the proposed ordinance after Council has considered this item in a future Study Session.
ORDINANCES ON FIRST READING
Discussion began at 7:37 pm.
6. Council Bill No. 01-2021 - An Ordinance concerning use taxes, and in
connection therewith, amending Subsection 22-67(3) of the Wheat Ridge
Code of Laws to provide a Building Materials Use Tax Exemption for Public
Housing Authorities
City Council Minutes January 25, 2021 page 7
Councilmember Hoppe introduced Council Bill 01-2021.
Section 22-68 of the Wheat Ridge Code of Law (Building materials and supplies)
requires that “every person who builds, constructs, reconstructs…any building, dwelling
or other structure…in the city…shall pay a use tax.” Section 22-67 of Code exempts
public school, Wheat Ridge Housing Authority and Renewal Wheat Ridge projects from
the city’s use tax. This ordinance will amend Subsection 22-67(3) of the Code to provide
the same exemption for public housing authorities.
Motion by Councilmember Hoppe to approve Council Bill 01-2021- an ordinance
concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of
the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for
Public Housing Authorities, on first reading for the sole purpose of ordering it published
for a public hearing set for February 8, 2021 at 7 p.m. as a virtual meeting, and if
adopted, that it take effect 15 days after final publication; seconded by Councilmember
Hultin; carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:42 PM
7. Resolution No. 04-2021 - a resolution amending the 2021 fiscal year General
Fund budget to reflect the approval of a supplemental budget appropriation in
the amount of $150,000 for the purpose of accepting funds from SCL Health
to fund the Lutheran Campus Master Plan
Councilmember Weaver introduced the Resolution.
The City is partnering with SCL Health to complete a Lutheran Campus Master Plan in
2021. SCL Health is funding the project, and the City is managing the contract. This
resolution accepts and appropriates funds in the amount of $150,000 from SCL Health
for the Master Plan contract which is also included on this agenda for consideration.
Mr. Johnstone gave a brief report on the item where pursuant to Council’s direction from
the November 2, 2020 study session, staff utilized the City’s established procurement
process to solicit the required professional services for completion of a Lutheran
Campus Master Plan. The procurement process included advertisement of a Request
for Proposals (RFPs), review of proposals submitted by four firms, followed by
interviews with three top-scoring firms. The evaluation committee included 6 members
with equal representation from the City and SCL Health.
As a result of the procurement process, a separate item on the January 25, 2021
meeting agenda recommends awarding a contract to the firm MIG in an amount not to
exceed $150,000. Included in that item is additional information on the Lutheran
Campus, the City/SCL partnership, and the scope of work for the master plan effort. If
the contract is awarded, this budget supplemental is necessary to execute the contract
and proceed with work.
City Council Minutes January 25, 2021 page 8
Mr. Johnstone explained the connection between this item and the next, and how the
two actions will work when undertaken.
Public Comment
No one came forward to speak.
Council Questions
Council applauded the plan to the involve the community in the process, and to involve
an external consultant to coordinate the planning process.
Councilmembers also wanted to ensure that historic structures on the current Lutheran
campus are preserved.
How will the collaboration among the City, SCL and the consultant operate when
implemented? Mr. Johnstone provided a detailed answer.
Motion by Councilmember Weaver to approve Resolution 04-2021- a resolution
amending the 2021 fiscal year General Fund budget to reflect the approval of a
supplemental budget appropriation in the amount of $150,000 for the purpose of
accepting funds from SCL Health to fund the Lutheran Campus Master Plan, seconded
by Councilmember Stites; motion carried 8-0.
8. Motion to award a contract and approve subsequent payments to MIG,
Denver, CO, in an amount not to exceed $150,000 for professional services
for the Lutheran Campus Master Plan
Discussion began at approximately 7:53 PM
Councilmember Weaver introduced the motion.
In 2018, SCL Health purchased a 26-acre parcel to anchor the Clear Creek Crossing
development west of I-70 at 40th Avenue. The new campus at Clear Creek Crossing
will replace the existing Lutheran Medical Center. In partnership with SCL Health, the
City is seeking planning consultant services for the Lutheran Campus Master Plan to
guide future development decisions. On January 12, 2021 the firm MIG was selected by
the City’s established procurement process to perform the required professional
services for completion of the master plan.
Mr. Johnstone gave a presentation the included the financial impact and how SCL
Health will fund the planning effort, and how the City will manage invoicing. The budget
for this work is estimated to be $120,000, with an additional $30,000 contingency, over
an 8-month process. Staff is requesting a budget supplemental to add $150,000 to the
2021 budget for planning professional services to be funded in full by SCL Health as
discussed at the November 2020 study session.
Public engagement will include:
• Creation of a Community Engagement Plan
City Council Minutes January 25, 2021 page 9
• Appointment of a small stakeholder committee made up of residents and experts
• Facilitation of a campus walking tour
• Facilitation of focus groups and large-scale public meetings
• Utilization of online platforms, such as Zoom and WhatsUpWheatRidge.com, to
expand reach and supplement in person events
• Discussion with City Council and Planning Commission
It is expected that the consultant will complete the requested tasks within 8 months.
The project launch is expected in February 2021.
Public Comment
No one came forward to speak.
Council Questions –
Councilmembers asked whether the proposed budget and scope of work includes
provisions for the contingency that the SOW may change and how that change would
get funded. Mr. Johnstone discussed the details of the scope of work the consultant will
perform and possible additional work as the project moves forward. Staff asks for the
$150,000 approval to give staff room to accommodate additional work.
Motion by Councilmember Weaver to award a contract and approve subsequent
payments to MIG, Denver, CO, in an amount not to exceed $150,000 for professional
services for the Lutheran Campus Master Plan, seconded by Councilmember Dozeman;
motion carried 8-0.
9. Motion to approve a License Agreement between the Colorado Department of
Transportation and the City for trail improvements adjacent to Clear Creek
Crossing and Interstate-70
Discussion began at approximately 7:58 PM.
Councilmember Dozeman introduced the Motion.
The Clear Creek Crossing development is formalizing trail improvements parallel to
Interstate 70 between W. 40th Avenue and the Clear Creek and within CDOT right-of-
way. This License Agreement permits the trail to cross over CDOT’s Access Control
Line for the construction of a pedestrian/bike path.
Mr. Johnstone was available for questions.
A brief background review discussed the impacted property, which is commonly known
as Clear Creek Crossing, located west of Interstate 70, south of Highway 58, and north
of the existing development near 32nd Avenue. A portion of the development was re-
zoned in 2018 to Planned Mixed Use Development (PMUD) to accommodate a mix of
uses including residential, retail, office, and employment uses. The remainder of the
property is zoned Planned Commercial Development (PCD) and is subject to a
development plan that was approved in 2011. The subject trail improvements are a
City Council Minutes January 25, 2021 page 10
requirement of the approved PMUD zone district and associated outline development
plan and vision book.
Development is progressing at Clear Creek Crossing, with roadways and infrastructure,
a 310-unit multi-family apartment site, and a gas station and convenience store
construction well underway. A credit union has also been approved within the
development with permits recently issued. Other active land use applications include
proposals for a retail site and hotel. The subject trail improvements are proposed
directly adjacent to the site that is reserved for a hospital use, for which a land use
application is expected to be submitted in the first quarter of 2021.
The Access Control Line is an area adjacent to the interstate which precludes access to
the highway. It is standard practice for CDOT to require a license agreement when any
improvement is within or crosses the Access Control Line.
Public Comment
Guy Nahmiach, 3650 Ward Road, called to ask whether the negotiations on this item
might involve the status of RTD bus Route 32. Mr. Goff explained that this item related
to CDOT, not RTD. He also said staff can take up the Route 32 question with RTD
separately.
Council Questions
Councilmembers asked if this path is in lieu of the bike lanes previously described. Mr.
Johnstone replied that the bike paths will remain as previously planned.
Motion by Councilmember Dozeman to approve a License Agreement between the
Colorado Department of Transportation and the City for trail improvements adjacent to
Clear Creek Crossing and Interstate-70, seconded by Councilmember Hoppe, motion
carried 8-0.
CITY MANAGER’S MATTERS
Mr. Goff reminded Wheat Ridge businesses that they can still submit applications to
participate in the Jefferson County Five Star restaurant program. We are not eligible
just yet but the numbers on the pandemic are clearly trending quickly in the right
direction, so we may be able to participate soon. Restaurants can apply for Five Star
status before the county’s pandemic statistics reach the level where the program may
be implemented, and thus be ready to operate under Five Star when implemented.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick reported that the Centers for Disease Control and Prevention
(CDC) have published data on the incidence of severe allergic reactions to the Moderna
City Council Minutes January 25, 2021 page 11
and Pfizer Co-Vid vaccines: 2 in 1,000,000 for Moderna and 6 in 1,000,000 for the
Pfizer. These reaction rates make it more likely that one will be struck by lightening
than have a severe allergic reaction to the vaccines. He urged those who are
undecided about getting vaccinated carefully consider the benefits of the vaccine, not
only to their own health but also for the community and country at large. The CDC says
that reaching a total vaccination rate of 70%-85% of people living in the US is essential
for controlling the pandemic.
City Treasurer Miller commented on the recent rash of crimes of opportunity; lock your
doors, lock your vehicles and get packages inside as quickly as possible.
Councilmember Nosler Beck thanked the teachers who worked so hard to re-open
schools last week. We are all in this together and through our community efforts our
kids are back in class. Please, be careful when driving as children, and families, walk
along our roadways to and from school in greater numbers, often during twilight hours.
Councilmember Dozeman thanked the WR Historical Society for their recent newsletter
and their plans for the future of key legacy sites and resources. She really enjoys the
newsletter.
Councilmembers Stites was on a panel two weeks ago for our youth, along with state
and other municipalities’ officials. The thanked Jefferson County Public Library for
sponsoring that event.
He also reminded our residents that if they can find it in Wheat Ridge, buy it in Wheat
Ridge.
Councilmembers Weaver and Stites reminded the public that a District 3 community
meeting will be this Saturday morning, 9:00 AM, at the Recreation Center.
Councilmember Weaver commented on those over 70 seeking access to the CoVid
vaccine. There is a website that makes it easier to find locations for vaccines and
appointments: mhealthcheckin.com.
Councilmember Hultin thanked the Let’s Talk program, whose staff recently put out a
report on community engagement. There will be neighborhood meetings in BelAir (W.
of Wadsworth and N of 38th Ave. to Clear Creek) from 8:30 to 10:00 and East Wheat
Ridge 10:30 to Noon this Saturday, January 30th. There will be a second session next
week Tuesday, Feb 2 again in East Wheat Ridge and Thursday, Feb 4 in BelAir.
Councilmember Urban reminded everyone that Girl Scout Cookies are now on sale.
Councilmember Hutchinson reminded everyone to wear a mask when in public and
wash their hands frequently.
Mayor Starker recalled that we have 20 parks in Wheat Ridge, and we encourage
everyone to visit and enjoy our Parks.
City Council Minutes January 25, 2021 page 12
The Mayor also noted the passing of Meredith Reckert, a longtime employee of the City,
on January 24, 2021. Meredith worked as a planner for the City for 35 years and has a
great legacy of contributions to the City.
ADJOURNMENT
The meeting adjourned at 8:18 pm.
_____________________________ Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON February 8, 2021
______________________________
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: 1a
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 05-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2020 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $5,444,307.38
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: There are 50 open purchase orders from the 2020 budget that will be carried over to the 2021 budget. Each purchase order is associated with a specific project that was not fully completed in the 2020 fiscal year. The funds which were encumbered for these purchase orders were transferred to
the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue
or close out these projects in 2021, a supplemental budget appropriation in the amount of $5,444,307.38 is necessary to allow transfer of these funds into specific budget line items in the 2021 Budget.
PRIOR ACTION:
Due to the critical nature of the project, City Council approved a supplemental budget appropriation in the amount of $2,748,421.94 to facilitate property acquisitions for the Wadsworth Boulevard Improvement Project on January 11, 2021. As these open purchase orders were previously approved, they are not included in this re-appropriation.
FINANCIAL IMPACT:
Council Action Form – Budget Carryovers February 8, 2021
Page 2
A supplemental budget appropriation is requested in the amount of $5,444,307.38. When 2020 fiscal year purchase orders were closed on December 31, 2020, the funds encumbered for those
purchase orders were transferred to the unreserved fund balance in each of the funds listed below.
Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will not be a net negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2020 is attached. The funds will be distributed as follows:
General Fund $ 193,902.55
Capital Improvement Program Fund (CIP) $ 860,755.40 2E Bond Fund $ 2,812,427.58 Open Space Fund $ 1,023,832.39 Conservation Trust Fund $ 549,990.23
Equipment Replacement Fund $ 3,399.23
Total: $ 5,444,307.38 BACKGROUND: Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles
(GAAP) which requires all encumbrances expire at year-end.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations.
RECOMMENDED MOTION:
“I move to approve Resolution No. 05-2021, a resolution amending the Fiscal Year 2021 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $5,444,307.38.”
Or,
“I move to postpone indefinitely Resolution No. 05-2021, a resolution amending the Fiscal Year 2021 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2020 fiscal year encumbered funds in the amount of $5,444,307.38 for
the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Jennifer Nellis, Purchasing and Contracting Agent Allison Scheck, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 05-2021 2. Open Purchase Order Report for 2020
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 05 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2020
FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $5,444,307.38 WHEREAS, the City’s independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires
all encumbrances to expire at year end; and
WHEREAS, 50 purchase orders remained open on December 31, 2020; and WHEREAS, to continue these projects in 2021 a supplemental budget
appropriation is necessary to transfer the funds from unreserved fund balances to
specific 2021 budget line items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
The City of Wheat Ridge fiscal year 2021 Budget is hereby amended accordingly, specifically transferring a total of $5,444,307.38 from the following unreserved fund balances to specific 2021 Budget line items as detailed in the attached spreadsheets:
General Fund $ 193,902.55 Capital Investment Program Fund (CIP) $ 860,755.40 2E Bond Fund $ 2,812,427.58 Open Space Fund $ 1,023,832.39
Conservation Trust Fund $ 549,990.23 Equipment Replacement Fund $ 3,399.23 Total: $ 5,444,307.38 DONE AND RESOLVED this 8th day of February 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Open Purchase Order Report for End of Year - 2020
Fund / Vendor Description Original $Open Amount Reason for carry-over approval
01 - General Fund
Various Vendors Sustainability Committee Funds 11,000.00$ 11,000.00$ For projects underway that began in 2020.
Various Vendors License Plate Readers 66,000.00$ 66,000.00$ Grant funded project to be bid out in 2021. Funds must be used by June 30, 2021.
Salt Lake Wholesale Range Ammunition 10,860.00$ 2,310.00$ Severe shortage and backorders for ammunition, therefore canceling PO and reordering is not viable.
Spacesaver Storage SystemClosed metal shelving for PD Evidence Building 23,234.00$ 23,234.00$ Shelving will be installed in early February, 2021
Various Vendors Road salt supply 167,000.00$ 24,426.03$ 2020 orders delivered in January 2021. Invoices will be paid after
carryovers are approved.
Various Vendors Auxiliary Equipment for Patrol Vehicles 82,000.00$ 35,000.00$ Work will be completed in Q1 2021.
ThereSquared LLC Public Art Consultant Services 11,875.00$ 9,499.99$ Continuing contract through all of 2021, not awarded until after budget was approved.
Apache Steel Corp Prospect Park railing repair 1,705.00$ 1,705.00$ Stanchion to match existing railing, will be installed in Q1 2021.
Various Vendors On-Call Forestry Services 199,600.00$ 8,300.00$ Stump removal scheduled. COVID staffing issues delayed vendor.
Galloway & Co, Inc.Bayou Ditch construction documents 6,750.00$ 67.53$ Continuing submittal review Q1 2021.
SemaConnect, Inc.Electric Vehicle charging stations for City
Hall and Rec Center parking lots.12,360.00$ 12,360.00$ Equipment will be delivered in Q1 2021.
01 - General Fund Total 193,902.55$
30 - Capital Project Fund
JF Sato & Assoc.Engineer - 38th & Kipling intersection design 134,120.00$ 10,591.07$ Project is underway.
AECOM Technical Services Design Review Support for Wadsworth - non 2E scope - Task C 78,056.60$ 59,576.95$ Scheduled work will continue in 2021.
HDR Engineering Wadsworth improvements Phase II 2,100,574.59$ 90,878.24$ Design will continue in 2021.
HDR Engineering Wadsworth improvements Phase II 1,498,787.62$ 296,666.41$ ROW acquisition will continue in 2021.
Various Vendors Wadsworth Acquisition Appraisals 88,000.00$ 88,000.00$ Several property appraisals will continue in 2021.
OfficeScapes City Hall space study and FFE inventory for security and efficiency 49,886.03$ 49,886.03$ Furniture was delivered and installed in January, 2021. Bills will be paid once funds are carried over.
Barker Rinker Seacat
Architects
Architectural services for City Hall
Construction Project 17,533.50$ 10,067.32$ Security, safety and efficiency improvements at City Hall.
SevenPoint Construction General Contractor for City Hall construction project 392,878.70$ 140,331.29$ Work will be completed in Q1 2021.
Dunakilly Management Owner's Rep services for City Hall
Construction Project 56,390.00$ 27,615.00$ Work will be completed in Q1 2021.
Interface Communications Network cabling installation and demo 18,617.00$ 18,617.00$ Work at City Hall was completed in January 2021.
Videotronix Inc (VTI)Security door keyless entry removal and installation 14,760.48$ 14,760.48$ Work at City Hall will be completed in Q1 2021.
Various Vendors Remaining project budget for City Hall Construction Project.16,552.86$ 16,552.86$ Remaining project budget and intended for incidental items needed for project completion Q1 2021.
Flatirons, Inc.ROW mapping adjustments 91,340.00$ 37,212.75$ Work at Youngfield and Ward TOD area continues.
860,755.40$ 30 - Capital Project Fund Total
ATTACHMENT 2
Open Purchase Order Report for End of Year - 2020
Fund / Vendor Description Original $Open Amount Reason for carry-over approval
31 - 2E Fund
AECOM Technical
Services
Task A 2020 Program Management
Investing 4 The Future Projects specific
to Clear Creek Crossing, Wadsworth
improvement and Ward TOD area
86,756.00$ 1,948.40$ Project management fees as apply to three 2E funded projects,
continue only the remaining CCC balance into 2021.
Task B 2020 Professional Engineering services specific to Clear Creek Crossing
807,846.00$ 328,124.31$ Construction now scheduled for completion in June 2021.
Various Vendors Encumbrance for CCC Hook Ramp Construction 2,042,244.61$ 2,042,244.61$ Construction now scheduled for completion in June 2021.
HDR Engineering 2020 Professional ROW Acquisition
Services 179,162.10$ 96,887.20$ 2E portion of Wadsworth improvements and ROW acquisition
Professional Engineering Services 59,416.98$ 123.06$ Ward TOD area streets and trail ROW acquisition
Various Vendors City Reimbursement to TOD Developers 343,100.00$ 343,100.00$ Developer fees collected in 2020, to be reimbursed in 2021.
2,812,427.58$
32 - Open Space Fund
Design Concepts Inc.Prospect Park renovation design and construction documents for phase 2 15,139.83$ 9,220.30$ Phase II work will continue in 2021.
Meridiam Partners, LLC General Contractor for Bayou Ditch
Project 78,150.59$ 78,150.59$ Work must be complete in Q1 2021 before ditch is opened.
Various Vendors Project Contingency for Bayou Ditch Project 21,849.00$ 21,849.00$ Work must be complete in Q1 2021 before ditch is opened.
Apache Steel Corp.Custom Handrail for Anderson Park 17,575.00$ 17,575.00$ Work is underway.
Various Vendors Contingency for custom handrail.1,757.50$ 1,757.50$ Work is underway.
The Architerra Group Inc.Architect for The Green At 38th 64,895.00$ 60,175.00$ Design for The Green is underway.
Various Vendors Remaining budget allocated for construction of The Green At 38th 835,105.00$ 835,105.00$ To allow for park build-out in 2021.
32 - Open Space Fund Total 1,023,832.39$
Various Vendors Prospect Park Shelter construction 491,469.83$ 491,469.83$ Design changes necessitate rebidding construction in 2021.
Commercial Fitness Sol.Recreation Center Equipment replacements 38,173.00$ 38,173.00$ Equipment delivery and installation expected in Q1 2021.
Balanced Body Inc.Recreation Center Equipment
replacements 8,477.66$ 8,477.66$ Equipment delivery and installation expected in Q1 2021.
Advanced Exercise Equip.Recreation Center Equipment
replacements 5,271.52$ 5,271.52$ Equipment delivery and installation expected in Q1 2021.
Trian Service Solutions Floor scrubber equipment 6,598.22$ 6,598.22$ Equipment delivery expected in Q1 2021.
549,990.23$
Fund / Vendor Description Original $Open Amount Reason for carry-over approval
54 - Conservation Trust Fund
54 - Conservation Trust Fund Total
31 - Ballot Issue 2E Fund Total
Open Purchase Order Report for End of Year - 2020
Logic Integration Audio Visual improvements to facilitate teleworking and virtual public meetings in City conference rooms.
33,992.28$ 3,399.23$ Project was completed in January 2021.
3,399.23$
5,444,307.38$ 2020 Open Purchase Orders Total
57 - Equipment Replacement Fund
57 - Equipment Replacement Fund Total
ITEM NO: 1b
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 06-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A
REDUCTION IN APPROPRIATION IN THE AMOUNT OF
$1,717,858
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE:
The approved budget for the Capital Improvement Program (CIP) exceeded available resources,
including revenues and fund balance, at the end of 2020. Budget carryovers from 2019 and other supplemental budget appropriations throughout 2020 were approved which increased budgeted expenditures above budget revenues. Section 10.10(c) of the Wheat Ridge City Charter authorizes the City Council to take action to prevent or minimize any budget deficit and for that
purpose it may by resolution reduce one or more appropriations. This proposed resolution will
amend the Fiscal Year 2020 CIP budget by reducing appropriations by $1,717,858. PRIOR ACTION: None.
FINANCIAL IMPACT: There will be no direct financial impact to the 2020 CIP budget. The supplemental budget reduction will decrease budgeted expenditures in 2020 by $1,717,858.
BACKGROUND:
The 2020 CIP Budget was adopted by City Council on October 8, 2019 which included $18,485,074 in available revenues and $18,361,877 in expenditures leaving an ending fund
Council Action Form– Supplemental Budget Reductions February 8, 2021
Page 2
balance of $123,197. Budget carryovers from 2019 and other supplemental budget appropriations in the amount of $1,837,903 were approved in 2020 which increased total
expenditures to $20,199,780. The increase in expenditures was primarily due Wadsworth
improvement project carryovers from 2019; however, all those funds were not be expended in 2020. Budget law requires that available resources, including revenues and fund balance must be larger than appropriated expenditures. A resolution approving a budget reduction in the amount of $1,717,858 is required to ensure the City is complying with budget law.
RECOMMENDATIONS: Staff recommends approval of the proposed budget reductions.
RECOMMENDED MOTION:
“I move to approve Resolution No. 06-2021, a resolution amending the fiscal year 2020 Capital
Improvement Program budget to reflect the approval of a reduction in appropriation in the amount of $1,717,858.”
Or,
“I move to postpone indefinitely Resolution No. 06-2021, a resolution amending the fiscal year 2020 Capital Improvement Program budget to reflect the approval of a reduction in appropriation in the amount of $1,717,858, for the following reason(s)_______________________.”
REPORT PREPARED AND REVIEWED BY:
Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 06-2021
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A REDUCTION IN APPROPRIATION IN THE AMOUNT OF $1,717,858
WHEREAS, budget carryovers from 2019 and other supplemental budget appropriations throughout 2020 were approved for the Capital Improvement Program budget which increased budgeted expenditures above budgeted revenues; and
WHEREAS, Section 10.10(c) of the Wheat Ridge City Charter authorizes the City Council to take action to prevent or minimize any budget deficit and for that purpose it may by resolution reduce one or more appropriations; and
WHEREAS, it is necessary to reduce the approved Capital Improvement Program budget to ensure a balanced 2020 budget. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
A budget reduction in the amount of $217,858 to account #30-303-800-840 and a budget reduction in the amount of $1,500,000 to account #30-303-800-884 are hereby approved.
DONE AND RESOLVED this 8th day of February, 2021 ______________________________ Bud Starker, Mayor
ATTEST: ______________________________ Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1c
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND AND EXTEND THE CONTRACT FOR
PROFESSIONAL SERVICES TO AECOM TECHNICAL SERVICES, INC., GREENWOOD VILLAGE, CO, FOR THE PERIOD OF JANUARY 1, 2021 – DECEMBER 31, 2021 IN AN AMOUNT NOT TO EXCEED $1,117,340 AND APPROVE PAYMENTS FOR ONGOING PROGRAM MANAGEMENT SERVICES FOR THE INVESTING 4 THE FUTURE PROGRAM
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Public Works City Manager ISSUE: On January 27, 2017, the firm AECOM Technical Services, Inc. (AECOM) was selected by the City’s established procurement process to provide multi-year professional engineering and land use planning services for the 2E Bond Fund, “Investing 4 the Future”, projects and to serve as an extension of staff as needed for review and assistance in the delivery of private related
development, particularly in the Clear Creek Crossing and Wheat Ridge · Ward Road Station areas. The scope and related fees for AECOM services in 2021 have been negotiated and City Council action is requested for the approval of the AECOM contract amendment and extension. PRIOR ACTION:
The initial AECOM contract was approved by City Council on November 27, 2017 for the period of December 1, 2017 – December 31, 2018. On January 28, 2019 an amendment to AECOM’s contract was approved by City Council, for professional services for the period of January 1, 2019 to December 31, 2019. On February 24, 2020, Council awarded contract extension to AECOM for the period of January 1, 2020 to December 31, 2020, to continue
Council Action Form – AECOM Contract Extension February 8, 2021
Page 2
ongoing program management services for the Investing 4 the Future program. At the December 7, 2020 Council Study Session, Staff and AECOM representatives presented scope of work and
estimated construction management costs for the Wadsworth Blvd Widening Project, scheduled
to begin in mid-June 2021. FINANCIAL IMPACT: Funding for this contract amendment and extension are budgeted in the 2021 2E Bond Fund and
the Capital Improvement Program Fund budgets. Task orders will be issued for each of the tasks.
Services will be billed on an hourly basis, and only for the services completed. BACKGROUND: The City of Wheat Ridge required professional services assistance for moving forward with the
following Investing 4 the Future projects: Construction of relocated west bound on/off ramps on
Interstate 70 for the Clear Creek Crossing mixed use development, widening of Wadsworth Boulevard to 6-lanes and transforming it into an attractive multi-modal corridor, and improvements to public infrastructure and amenities in support of economic development at the Wheat Ridge · Ward Station area.
Because of the complexity and magnitude of this activity, the services of an outside consulting
firm were needed to provide an extension of staff. It was expected that professional services would be needed over at least 4 years, depending on the timing of development and activity in the respective project areas.
The consultant retained by the City serves as an extension of staff to ensure that public and
private improvement plans are submitted and eventually constructed per requirements. This
required the consultant to engage a multi-disciplinary team that would be available as needed (up to full-time) and potentially on short notice. Project descriptions and the expected services needed are as follows:
Clear Creek Crossing
Clear Creek Crossing refers to the area bounded by I-70 on the east, 32nd Avenue on the south,
Clear Creek on the north, and a series of ponds on private property (Coors) on the west. The property owner, Evergreen, proposes a mixed-use development of retail, office, restaurant, entertainment, and housing over the site area of approximately 90 acres.
Construction of the westbound I-70 hook ramps is nearing complete and is expected to continue
through May 2021. Installation of the bridge improvements should be completed earlier in 2021.
Services Required: Continuing construction of the hook-ramps will be managed by Evergreen with oversight by both the City and CDOT through Intergovernmental Agreements (IGAs). Professional services needed are as follows:
1. Construction project oversight and inspection in accordance with CDOT requirements.
2. Review and approval of design and construction plans.
Council Action Form – AECOM Contract Extension February 8, 2021
Page 3
3. Coordination of public information and assistance to the City and CDOT with updates as often as needed for the traveling public, adjacent landowners, businesses, nearby
residents, and other stakeholders.
4. Construction coordination with the developer, including the developer’s General Contractor, CDOT, Denver Water, and other public and private utilities. 5. Conduct land use case processing and civil plan review, as needed, on specific development plan and subdivision plat applications.
The Clear Creek Crossing development will also include other public and private infrastructure,
including streets and utilities. Although site development and construction plans for these improvements will be completed by the developer, the City will need professional assistance with the following:
1. Management and review of public infrastructure projects in accordance with the
requirements of the City and other applicable agencies.
2. Construction project oversight and inspection of public infrastructure projects in accordance with requirements of the City and other applicable agencies. 3. Assistance in coordinating public and private improvements that may occur simultaneously.
4. Coordination with other agencies and stakeholders, including RTD, CDOT, Denver
Water, and other public and private utilities. 5. Review and approval of the plans to ensure they meet the City’s requirements. 6. Construction observation and inspection of the improvements to ensure conformance with the approved plans.
7. Assistance in accepting the improvements on behalf of the City and ensuring that
accurate record drawings are provided by the developer. Wadsworth Boulevard Widening In 2014, the City received a TIP grant from DRCOG for federal transportation funds, available
for fiscal years 2016 through 2021, to help fund a widening and improvement project on
Wadsworth Boulevard from 35th Avenue to the eastbound I-70 ramps.
With an earlier grant, a PEL study was completed and approved by Council in 2016. That study identified traffic congestion and safety issues, developed multi-modal solutions, and identified related environmental issues and mitigation measures that needed further assessment. The PEL
study identified the improvements needed to widen Wadsworth Boulevard to six travel lanes
(including improvements at the major intersections at 38th and 44th Avenues), provide additional turn lanes at key congested intersections, and install medians to better manage access. Bicycle and pedestrian facilities were also included to provide service for additional modes of transportation.
Right-of-way (ROW) acquisition and construction plans review are nearly complete, with
bidding anticipated for March, and construction anticipated to commence in mid-2021, taking an estimated 2 years to complete.
Council Action Form – AECOM Contract Extension February 8, 2021
Page 4
Services Required: 1. Management and review of the project in accordance with the requirements of the City
and applicable State and Federal agencies, including utility identification and
coordination, construction plans and specifications, right-of-way plans, easements, permits, and other legal documents. 2. Construction project management and inspection in accordance with requirements of the City and applicable State and Federal agencies.
3. Assistance in coordinating public and private improvements that may occur
simultaneously in the corridor. 4. Coordination of public information and assistance to the City with updates as often as needed for the traveling public, adjacent landowners, businesses, nearby residents, and other stakeholders.
5. Coordination with other agencies and stakeholders, including RTD, CDOT, and public
and private utilities.
RECOMMENDATIONS: To date, AECOM has performed very well on all the tasks assigned to them. Staff has been very pleased with their performance, professionalism, timeliness, and cost effectiveness. Appropriate
fees for the work have been negotiated in accordance with the specific tasks and services needed.
Staff will authorize work to AECOM as specific task orders. Staff recommends amending and extending the AECOM 2E Professional Services Contract term and fees in the amount of $1,117,340 for the expected work to be completed in 2021.
RECOMMENDED MOTION:
“I move to amend and extend the contract for professional services to AECOM Technical Services, Inc., Greenwood Village, CO, for the period of January 1, 2021 – December 31, 2021 in an amount not to exceed $1,117,340 and approve payments for ongoing program management services for the Investing 4 the Future program.”
Or,
“I move to deny the amendment and extension of the contract for professional services to
AECOM Technical Services, Inc., Greenwood Village, CO, for the period of January 1, 2021 –
December 31, 2021 in an amount not to exceed $1,117,340 and approve payments for ongoing program management services for the Investing 4 the Future program for the following reason(s) _________________________________________________________________________.”
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Director of Public Works Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager
ATTACHMENTS:
1. AECOM 2021 Scope of Services and 2. AECOM 2021 Workhour/Cost Summary – January 30, 2021
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
1
A.PROGRAM MANAGEMENT AND CONTINUING SERVICES
AECOM will provide ongoing program management services for the City’s Investing 4 the Future Program.
The Scope of Services covers the extended phase of the Program from January 1 through December 31,
2021 for a duration of 12 months. The Program Management activities will be led by AECOM’s Project
Manager, Steve McQuilkin, and will be supported by the project controls and administrative support
team. The Scope includes the following program management activities:
Activity A.1 Project Initiation (N/A)
These activities were substantially completed under the initial phase of the contract.
Activity A.2 Project Management
This activity includes ongoing project management activities necessary to administer and manage the
program including the following:
a)Project Coordination: Routine management and coordination activities
b)Schedule and Document Control (if required)
c)Cost and Risk Management (if required)
d)Invoicing/Monthly Reporting: Routine monitoring and maintenance of project budgets and
administration of each of the City projects (not including Anderson Park). Preparation of monthly
invoices including monthly progress report including project status narrative, cost, schedule,
budget and risk update. Any “Non-2E” Bond Program costs shall be tracked separately.
Activity A.3 Meetings/Communications
Monthly 2E City staff meetings and/or other project management meetings are not anticipated and are
not included in the Scope of Services
Activity A.4 Rapid Response (Unforeseen Services)
a)The Scope of Services includes unforeseen services only when authorized by the designated City
Project Manager. This allows rapid response only for circumstances approved by the designated
City Project Manager. A total of 100 hours is included in the Scope of Services for this activity.
B.CLEAR CREEK CROSSING
AECOM will provide design support and construction management services for the completion of the
proposed Clear Creek Crossing Development and I-70 Interchange. Overall management of the Clear
Creek Crossing Project shall be managed by Evergreen Development, Mortenson Construction and Longs
Peak Metro District. All “Non- 2E” work is substantially complete, and no further work is anticipated in
the Scope of Services. However, if required, Non-2E work will be tracked separately for the purpose of
cost accounting. The Scope of Services includes the following activities:
ATTACHMENT 1
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
2
Activity B.1 Design Review Support
The design of Clear Creek Crossing civil infrastructure is substantially complete and no further services are
included in the Scope of Services with the following exceptions:
a)Monthly Pay Applications: This will include the review of monthly pay applications submitted by
Evergreen/LPMD. It is anticipated that the Clear Creek Crossing Project will be substantially
completed by the end of June 2021. It is anticipated that an additional two months will be
required for project closeout activities. A total of 8 months of effort is anticipated for the task.
b)Other Design Review Support: Review of other project related documentation, agreements, bid
recommendations and other financial documents on behalf of the City. The Scope of Services
includes a total of 40 hours of design review support to be used on an as-needed basis.
Activity B.2 Development Review Support
a)This activity will be completed by the City and is not included in the Scope of Services
b)Architectural Control Committee – AECOM will provide one architectural staff position to serve on
Evergreen’s Architectural Control Committed to review the development submittals in
accordance with the architectural guidelines and represent the City’s interests. A total of 4
architectural reviews are included in the Scope of Services.
Activity B.3 Construction Management Support
a)Construction Management Services
Clear Creek Crossing Phase 1 and Phase 2: Work on this task is substantially complete and is
not included in the Scope of Services
I-70 Interchange: Mortenson Construction is continuing with the construction of the I-70
Interchange Project. Construction of this project is scheduled to be completed by the end of
June 2021. It is anticipated that an additional two months will be required for project closeout
activities. A winter shutdown is tentatively scheduled for February and March of 2021. A total
of six months of effort for this task is included in the Scope of Services. AECOM will lead the
construction administration and management activities for the I-70 Project and Chad Phillips
(AECOM) will serve as the Engineer in Responsible Charge.
AECOM will provide construction contract administration, project management, inspection and CDOT
documentation for the I-70 Interchange project. All work on the Clear Creek Crossing infrastructure
will be in accordance with City requirements and all work on the I-70 Interchange Project will be in
accordance with CDOT’s construction manual and materials testing requirements. The following levels
of effort are anticipated for the CM phase of this project:
Engineer in Responsible Charge – It is anticipated that an average level of effort of 8 hours per
week will be required for this position.
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
3
Construction Project Manager - One (1) Full Time Equivalent (FTE): Daryl Miller will serve as
full time CM representative, will participate in all CM activities, will serve as liaison between
the City, Mortenson, Evergreen, CDOT and the project team, will supervise the inspection
staff and will provide ongoing communication to the City construction manager. The Scope
of Services includes six months of effort for this position.
Construction Inspector – One (1) FTE: Will support the Construction Project Manager with
construction observation and documentation. The Scope of Services includes three months of
effort for this position.
Independent Assurance Testing (IAT) is substantially complete and is not included in the
Scope of Services.
Work may be required night or day, on weekends, holidays, or on a split shift basis. Work week may
be in excess of or less than the standard 40-hour week. Authorization by the City must be received
prior to proceeding with overtime, nighttime or weekend work. Level of effort for the construction
management staff is estimated at 40 hours/week. Additional time, if required will require approval
from the City’s Construction Manager, Russ Higgins.
AECOM shall furnish personnel, vehicles, cell phones, computer, printer and standard office software,
and miscellaneous equipment required to perform the work. It is anticipated that LPMD will provide
a field office for the shared use of the CM Team and this cost is not included in the Scope of Services.
General Work Description: AECOM will provide support to the City through assignment of personnel
for construction management and inspection, and shall be responsible for the following activities:
Provide construction contract administration activities – management, inspection,
documentation
Project Documentation - Maintain a daily diary for each day work is performed on the project.
The contents of the diary shall be brief and accurate statements of progress and conditions
encountered during the prosecution of the work. Prepare and compile interim and final
inspection reports as required in the CDOT construction manual.
Review, give comments, and acknowledge completeness of required submittal resulting from
but not limited to:
o Method of Handling Traffic
o Progress Schedule
o Shop Drawings
Preparation of the following documentation, reports and billing on a routine basis:
o Periodic reports and billings
o Preparation of monthly progress Invoices for monthly and final billings for construction
contractor payments
o Project files, project diaries and time counts
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
4
o Conduct and document weekly progress meeting with City, Contractor, subcontractors,
utilities and other interested parties
o Monitoring of project contractor for fulfillment of contract plans and specifications
o Securing project documentation from the contractor
Anticipating project problems and direct solutions to the City’s Construction Manager.
Prepare and track responses to contractors' and suppliers' request for information,
submittals, change notices, claims, and correspondence. Review pay applications and change
orders as necessary. Note that, due to the structuring of the project IGA between the City
and LPMD, AECOM does not have approval authority on contractor change orders. Our
authority is to review and advise only.
Review of drawings and data submitted by the construction contractor and suppliers for
general conformance with the intent of the specifications. Inform and obtain concurrence as
needed from the City Project Representative and keep relative documentation for project
records.
Review and approval of Methods of Handling Traffic (MHT).
Monitoring compliance with and taking appropriate action to preserve safety on the project
for all workers and traveling public in accordance with Method of Handling Traffic (MHT).
Conduct required stormwater management inspections and monitor contractor’s compliance.
Assist with preparation of punch list of uncompleted work, non-conformance reports, and
deficiency notices.
Participate in project close-out activities, final walk-through and tracking of punch-list items
Prepare all Final documentation as required in CDOT’s construction manual.
b)Site Development Construction Support: This activity is substantially completed and not included
in the Scope of Services.
C.WADSWORTH IMPROVEMENTS PROJECT
Activity C.1 Design Review Support
This activity is substantially completed and is not included in the Scope of Services
Activity C.2 Funding Support
Not included in the Scope of Services
Activity C.3 Construction Management
The AECOM Team will provide construction management and materials QA services for the Wadsworth
Improvements Project and provide full construction contract administration, project management,
inspection, CDOT documentation and public communications in accordance with the CDOT Local Agency
policies. The AECOM Team includes the following subconsultants:
AECOM will lead the project team and will provide overall construction management of the Project
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
5
Benesch will provide CM support and construction oversight services
Geocal will provide materials testing and QC services
Merge Resource Group will be responsible for public communications services
All work will be in accordance with City and CDOT requirements as designated on the plans for the project.
Chad Phillips (AECOM) will serve as the Engineer in Responsible Charge.
The anticipated time period required for the work described in this scope is from January through December
2021. Work may be required night or day, on weekends, holidays, or on a split shift basis. Work week may be
in excess of or less than the standard 40-hour week. Authorization by the City must be received prior to
proceeding with overtime, nighttime or weekend work. Initial project planning meetings and site inspection
may also be required prior to the construction contractor’s NTP. The Scope of Services includes
approximately 6 months duration for the staffing listed below. Reductions in staffing are anticipated during
no work periods during the winter months. The actual duration of the project will be dictated by the
construction contractor and is anticipated to go into 2022. Requirements for CM staffing beyond December
2021 will be negotiated with the City as part of a future Scope of Services. Services for the Construction
Project Manager are estimated at 40 hours/week. Services for the inspectors are estimated at 45 hours/week.
Hours required and approved beyond these estimates, or contractor’s failure to complete work within the
contract time allowed could be cause to exceed these estimates and show the need for supplemental budget.
The AECOM Team shall furnish personnel, vehicles, cell phones, computer, printer and standard office
software, and miscellaneous equipment required to perform the work. A Field Office will need to be provided
for the shared use of the entire CM Team. That cost is not included in this scope.
General Work Description: The AECOM Team will provide support to the City through assignment of
personnel for construction management, inspection, and IAT testing and shall be responsible for the following
activities:
Provide construction contract administration activities – management, inspection, documentation
Project Documentation - Maintain a daily diary for each day work is performed on the project. The
contents of the diary shall be brief and accurate statements of progress and conditions encountered
during the prosecution of the work. Prepare and compile interim and final inspection reports as
required in the CDOT construction manual.
Review, give comments, and acknowledge completeness of required submittal resulting from but not
limited to:
o Method of Handling Traffic
o Progress Schedule
o Shop Drawings
Preparation of the following documentation, reports and billing on a routine basis:
o Periodic reports and billings
o Preparation of monthly progress Invoices for monthly and final billings for AECOM/Benesch fees
and construction contractor payments
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
6
o Project files, project diaries and time counts
o Conduct and document weekly progress meeting with City, Contractor, subcontractors, utilities
and other interested parties
o Monitoring of project contractor for fulfillment of contract plans and specifications
o Securing all project documentation from the contractor
Anticipating project problems and direct solutions to the City Project Representative.
Prepare and track responses to contractors' and suppliers' request for information, submittals, change
notices, claims, and correspondence. Prepare cost estimates and change orders as necessary.
Review of drawings and data submitted by the construction contractor and suppliers for general
conformance with the intent of the specifications. Inform and obtain concurrence as needed from the
City Project Representative and keep relative documentation for project records.
Review and approval of Methods of Handling Traffic (MHT).
Monitoring compliance with and taking appropriate action to preserve safety on the project for all
workers and traveling public in accordance with Method of Handling Traffic (MHT).
Conduct required stormwater management inspections and monitor contractor’s compliance.
Assist with preparation of punch list of uncompleted work, non-conformance reports, and deficiency
notices.
Prepare all Final documentation as required in CDOT’s construction manual and CDOT Local Agency
requirements.
Construction Management Oversight: This work will be for oversight of the team and providing the
Engineer in Responsible Charge for the project.
Pre-Construction Preparation: Preconstruction setup, submittal review, and other activities will need
to the completed prior to the Contractor beginning work.
The staffing for the project includes the following:
a)Construction Project Manager: Chad Phillips will serve as Construction Project Manager and
Engineer in Responsible Charge
b)Assistant Project Engineer: This person will assist the Project Manager on duties of administration
of the project both office and field tasks as assigned. This person will be capable of serving as the
Project Engineer in the absence of a project engineer being provided by CDOT.
c)Inspection Staff: Two (2) inspectors are anticipated to be in the field full time for the efforts on
the project. One senior level and one junior level inspector are being proposed for the scope of
work. These people will inspect and record field activities, quantities, and other duties as
assigned by the Project Engineer and Assistant Project Engineer.
d)Testing: One (1) FTE is anticipated for materials testing duties in 2021. Should the Contractor
begin paving operations in 2021, additional testing personnel may be needed, but only added as
approved by the City.
e)Public Communications Manager: Kate Binning will serve in this role. Level of effort is anticipated
to average less than one-half FTE over the project duration
City of Wheat Ridge Investing 4 the Future Program Management Services
AECOM Contract Continuation 2021 Scope of Services
Final – January 30, 2021
7
D.ANDERSON PARK
The Anderson Park Project is s complete and is not included in the Scope of Services.
E.WHEAT RIDGE WARD STATION AREA
At this time no services are anticipated for the Ward Station Area.
Wheat Ridge Investing 4 the Future Program Management/Construction Management
Workhour/Cost Estimate 2021
Final - 1/30/21
Workhour/Cost Summary
Task
No.
Total
Hours Total Cost
A 568 79,689$Labor
9,164$Fee (11.5%)
400$ODC's (Mileage, printing, delivery, etc)
89,253$Total Cost
B 1852 234,623$Labor
26,982$Fee (11.5%)
9,500$ODC's (Mileage, printing, delivery, etc)
-$ SUB
271,104$Total Cost
C 6516 659,216$Labor
44,525$Fee (11.5%)
6,000$Subconsultant - Terracon
47,241$ODC's (Mileage, printing, delivery, etc)
756,982$Total Cost
D 0 -$ Labor
-$ Total Cost
E 0 -$ Labor
-$ Total Cost
8936 1,117,340$PROJECT TOTALS
Subtotal - Program Management
Continuing Requirements
Subtotal - Clear Creek Crossing
Subtotal - Ward Road Station
Subtotal - Wadsworth Widening
Subtotal - Anderson Park
Page 1 of 1
ATTACHMENT 2
ITEM NO: 2
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 01-2021 – AN ORDINANCE CONCERNING USE TAXES, AND IN CONNECTION THEREWITH, AMENDING SUBSECTION 22-67(3) OF THE
WHEAT RIDGE CODE OF LAWS TO PROVIDE A BUILDING
MATERIALS USE TAX EXEMPTION FOR PUBLIC HOUSING
AUTHORITIES PUBLIC HEARING ORDINANCES FOR 1ST READING (1/25/2021)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (2/8/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ____________________________________ City Attorney City Manager ISSUE:
Section 22-68 of the Wheat Ridge Code of Law (Building materials and supplies) requires that
“every person who builds, constructs, reconstructs…any building, dwelling or other structure…in the city…shall pay a use tax.” Section 22-67 of Code exempts public school, Wheat Ridge Housing Authority and Renewal Wheat Ridge projects from the city’s use tax. This ordinance will amend Subsection 22-67(3) of the Code to provide the same exemption for public
housing authorities.
PRIOR ACTION: This ordinance was reviewed by City Council at the December 14, 2020 study session and consensus was reached to bring it forward for consideration. FINANCIAL IMPACT: Building materials use tax in Wheat Ridge is calculated at 60% of the building permit value of a project multiplied by the current sales and use tax rate in Wheat Ridge of 3.5%. Therefore, a
construction project valued at $5.0 million would owe $105,000 in building materials use tax.
Council Action Form – Building Use Tax Exemption February 8, 2021
Page 2
Foothills Regional Housing has pulled three permits on two current construction projects in Wheat Ridge and paid a total of $67,509.20 in building materials use tax. They are mid-way
through these projects and expect to pull additional permits in the future. Foothills is requesting a
refund of this amount as they believe their organization is exempt from building materials use tax. BACKGROUND:
On October 20, 2020, Foothills submitted three claims for refund of building materials use tax
paid on permits for two projects in Wheat Ridge as they believe Foothills in exempt from City building materials use tax pursuant to State Statute. The City’s Finance Division denied those refund claims on October 30, 2020 based on direction from the City Attorney’s Office.
The City of Wheat Ridge adopted a home rule charter under Colorado’s constitution. This means
that in matters that the law has defined as of “local and municipal concern”, the City’s ordinances prevail, if there is a conflict with a State law. One of those areas of local concern is the City sales and use tax. Tax exemptions created in State law, such as the exemption adopted by the Legislature through HB16-1006, exempting public housing authorities from all taxes, does
not apply in home rule municipalities. This was most recently reaffirmed by the Colorado
Supreme Court in Winslow Construction v Denver where the Court ruled a State tax exemption did not apply to home rule municipalities. Holland & Hart, attorneys for Foothills, disagrees with the City Attorney’s Office interpretation
of the law and, on November 25, 2020, submitted a petition to the City for a hearing on claims
for refund. Staff communicated with Foothills that this issue would be brought forward to City Council to determine if an exemption would be granted through an amendment to Wheat Ridge Code.
The proposed ordinance would extend the City’s present building materials use tax exemption to
all “housing authorities”, as defined in State law. This would mean that such purchases by Foothills and the Wheat Ridge Housing Authority (as well as any other public housing authority that may operate in the City) would be exempt. Additionally, the ordinance makes the exemption effective from July 16, 2020 and directs refund of any taxes collected after that date. This would
authorize the refund of use taxes paid by Foothills on July 17, 2020. Foothills protest to the
City’s denial of a request for a refund of these taxes is pending; the adoption of this ordinance would resolve the issues in the protest. The present use tax exemption specifically exempts Wheat Ridge Housing Authority purchases
of building materials. In order to avoid legal issues of alleged “special legislation”, the better
drafting practice is to describe the category of undertaking or activity being exempted, rather than naming a particular beneficiary. The proposed ordinance corrects this drafting issue. Subsection 22.67(3) also specifically names the City urban renewal authority as beneficiary of
the tax exemption, thus raising the same drafting issue described above. The proposed ordinance
Council Action Form – Building Use Tax Exemption February 8, 2021
Page 3
cleans up this language, by substituting a generic reference to “urban renewal authorities”, as defined in State law, for the specific reference to Renewal Wheat Ridge.
RECOMMENDATIONS: Although there are differing opinions concerning the tax exemption for housing authorities, which could be litigated in court, Staff recommends that council amend the Wheat Ridge Code of Laws to provide for a building materials use tax exemption for public housing authorities. An
exemption from City building materials use tax will align the City’s Code with State Statute and
the current exemption in City Code of the Wheat Ridge Housing Authority. RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2021, an ordinance concerning use taxes, and in
connection therewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to
provide a Building Materials Use Tax Exemption for Public Housing Authorities, on second reading, and that it take effect upon adoption.” Or,
“I move to postpone indefinitely Council Bill No. 01-2021, an ordinance concerning use taxes, and in connection therewith, amending Subsection 22-67(3) of the Wheat Ridge Code of Laws to provide a Building Materials Use Tax Exemption for Public Housing Authorities, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY: Geoff Wilson, Special Counsel Jerry Dahl, City Attorney Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 01-2021
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 01
ORDINANCE NO. 1709 Series 2021 TITLE: AN ORDINANCE CONCERNING USE TAXES, AND IN CONNECTION THEREWITH, AMENDING SUBSECTION 22-
67(3) OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A BUILDING MATERIALS USE TAX EXEMPTION FOR PUBLIC HOUSING AUTHORITIES
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances regulating matters concerning use taxation and exemptions from tax; and
WHEREAS, in the exercise of this authority, the Council has previously enacted subsection 22-67(3) of the Code of Laws, providing a building materials use tax
exemption for a specific housing authority, but not for all such authorities providing service in the City; and
WHEREAS, the City Council now desires to extend a use tax exemption for building materials to all housing authorities providing services in the City and refund any tax collected since July 16, 2020.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-67(3) of the Code is amended as follows:
(3) Building materials and supplies for city projects, PROJECTS FOR HOUSING AUTHORITIES, AS DEFINED AT C.R.S.29-4-203(1), AS AMENDED, OR PROJECTS FOR URBAN RENEWAL AUTHORITIES, AS DEFINED AT C.R.S. 31-25-103(8.50, AS AMENDED Wheat Ridge Housing Authority projects and Renewal Wheat Ridge projects,
whether purchased by the city, wheat Ridge Housing Authority A HOUSING AUTHORITY, AN URBAN RENEWAL AUTHORITY or Renewal Wheat Ridge, or a contractor for the same, ON OR AFTER JULY 16, 2020, shall be exempt from the city's use tax. TAXES COLLECTED ON SUCH PURCHASES SHALL BE REFUNDED TO THE TAXPAYER.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall
-2-
not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect upon passage, 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 25th day of January, 2021, 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
February 8, 2021 at 7:00 p.m., as a virtual meeting, and that it take effect upon adoption. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 8th day of February, 2021.
SIGNED by the Mayor on this 8th day of February, 2021. Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
Approved as to Form Gerald E. Dahl, City Attorney
First Publication: January 28, 2021 Second Publication: February 11, 2021 Jeffco Transcript Effective Date: February 8, 2021
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 3
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 07-2021 – A RESOLUTION APPROVING
A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED MIXED USE-COMMERCIAL (MU-C) AND LOCATED AT 7661 W. 41ST AVENUE (CASE NO. WS-19-06 / SWEETRIDGE SUBDIVISION)
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision for property located at 7661 W. 41st Avenue and 0.27 acres in size. The primary purpose of this subdivision request is to establish lot
lines to allow for the six recently constructed townhome-style apartments to be platted as separate for-sale units. PRIOR ACTION:
Planning Commission heard the request at a public hearing on January 21, 2021 and
recommended approval of the major subdivision for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV (Subdivision Regulations) of the zoning and development
code have been met.
Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Draft meeting minutes from the Planning Commission public hearing are also attached.
Council Action Form – Sweetridge Subdivision February 8, 2021
Page 2
FINANCIAL IMPACT: Fees in the amount of $1,280 were collected for the review and processing of Case No. WS-19-
06. A fee in lieu of parkland dedication in the amount of $10,108, permit fees, and use tax have
already been assessed and collected as part of the approved site plan (Case No. WSP-19-03) and associated permits.
BACKGROUND: The property is located on the north side of W. 41st Avenue, between Wadsworth Boulevard and
Yarrow Court, and measures 11,840 square feet (0.27 acres) in size. The Wilmore-Davis
Elementary School is located about a block west and the Yarrow Gardens townhome development, currently actively under construction, is located further to the northwest. This site is in an urban renewal area, which explains the property’s Mixed Use-Commercial (MU-C) zoning; it was part of the comprehensive city-initiated rezoning of parcels adjacent to
Wadsworth and within urban renewal areas in 2011. For this reason, parcels to the immediate
west, east, southeast, and north are also zoned MU-C. In 2019, the subject property underwent an administrative site plan review (Case No. WSP-19-03) and was approved for a six-unit townhome-style apartment development. Townhomes are a
permitted use in MU-C. Building permit applications for the development were submitted shortly
after site plan approval, and construction took place in 2020. The Certificate of Occupancy (C.O.) was issued in January 2021. The request for the subdivision was submitted after site plan approval. While we typically review
a subdivision concurrently with the site plan review, the processes are occasionally separated.
However, that does not affect what is built; the underlying MU-C zoning allows for a six-plex and dictates the site and building design. The presence or absence of a plat simply determines whether the units are individually owned or rented. The owner originally intended to own the entire property and rent the units; they have subsequently decided to sell some of the units which
can only be achieved through platting.
Key components of the subdivision are described briefly below and in more detail in the attached staff report. The plat document is also included in the attached Planning Division staff report.
The purpose of a subdivision plat is not to review specific site plan or architectural 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 townhome in the subdivision to be sold separately.
Lot and Tract Configuration The lot and tract configuration shown on sheet two of the plat shows the proposed development pattern. The proposed subdivision plat creates:
• six townhome lots (each approximately 20 feet wide and 37.5 feet deep),
Council Action Form – Sweetridge Subdivision February 8, 2021
Page 3
• a tract that encompasses the drive aisle that provides access to the units’ garages from W.
41st Avenue, as well as the trash enclosure, bike parking area and new hydrant (Tract
“D”),
• a tract that encompasses the shared pedestrian walkway that provides access to the front of each of the units and mailbox (Tract “C”),
• and two tracts that encompass the residents’ open space amenities (Tract “A” and Tract “B”). The MU-C zone district does not include minimum lot size and lot width requirements. In addition, per the subdivision regulations, individual townhouse lots are exempt from minimum
lot size, lot width, and interior side yard setback requirements. Townhome lots shall not be developed for any purpose other than townhomes, and the plat includes a note to this effect. The tracts will be non-buildable tracts to be maintained by the homeowner’s association (HOA) to be established for the site.
Public Improvements When new development occurs or when new lots are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway standards. In this case, the requirement was assessed at the time of site plan review and a Public Improvement Agreement was executed at that time and a five-foot attached sidewalk has already
been constructed. To rectify right-of-way width, this plat does include a one-foot ROW dedication to accommodate the City’s standard two-foot utility zone behind the sidewalk.
Easements and Drainage The second page of the plat shows two existing easements recorded by separate document to the
benefit of the Wheat Ridge Water District for water service to each unit and the new fire hydrant in the front. There are no other existing easements. Three new easements are proposed with the plat and shown on page 3:
• a 25-foot wide emergency access, private access and utility easement shown over the
drive aisle for the benefit of all utility providers,
• an 8-foot utility easement along the northern property line for the existing overhead utility lines,
• and a stormwater drainage easement at the southwest corner for the stormcepter manhole.
Drainage A drainage letter and plan were reviewed by the Engineering Division for the entire site as part of the site plan review. All the drainage has been designed and installed to direct runoff to connect to stormwater infrastructure in W. 41st Avenue, so it will not impact adjacent property
owners. Drainage certifications are required prior to the issuance of any C.O. to ensure this
drainage pattern and have already been received by the Engineering Division which confirm the drainage facilities were constructed as designed.
Council Action Form – Sweetridge Subdivision February 8, 2021
Page 4
RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies
with the requirements of the subdivision regulations (Article IV in Chapter 26 of the Municipal
Code) and is consistent with the MU-C zone district requirements. For that reason, staff is recommending approval of the request. RECOMMENDED MOTION:
“I move to approve Resolution No. 07-2021, a resolution approving a major subdivision plat on
property zoned Mixed Use-Commercial (MU-C) and located at 7661 W. 41st Avenue 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. All agencies can provide services to the property with improvements installed at the developer’s expense.
4. The requirements of Article IV (Subdivision Regulations) of the zoning and
development code have been met. and with the following conditions:
1. The developer shall record documentation establishing a homeowner’s association for the
site concurrently with the recordation of the subdivision plat. Or,
“I move to deny Resolution No. 07-2021, a resolution approving a major subdivision plat on
property zoned Mixed Use-Commercial (MU-C) and located at 7661 W. 41st Avenue for the following reasons: 1.
2. ” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I Lauren Mikulak, Planning Manager
Ken Johnstone, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 07-2021
2. Planning Division Staff Report
3. Planning Commission Wheat Ridge Speaks comment 4. Planning Commission Draft Meeting Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2021
TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED MIXED USE-COMMERCIAL (MU-C) AND LOCATED AT 7661 W. 41ST AVENUE (CASE NO. WS-19-06 / SWEETRIDGE SUBDIVISION)
WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a six-lot subdivision for townhomes was received
from Sweet Ridge Towns LLC to subdivide property located at 7661 W. 41st Avenue in the Mixed Use-Commercial (MU-C) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and,
WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and,
WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS:
A MAJOR SUBDIVISION PLAT FOR PROPERTY ZONED MIXED USE COMMERCIAL (MU-C) LOCATED AT 7661 W. 41ST AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing, meeting 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 developer shall record documentation establishing a homeowner’s association for the site concurrently with the recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 8th day of February, 2021.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Case No. WS-19-06 / Sweetridge Subdivision 1
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: January 21, 2021 (Planning Commission) / February 8, 2021 (City Council)
CASE MANAGER: Zareen Tasneem
CASE NO. & NAME: WS-19-06 / Sweetridge Subdivision
ACTION REQUESTED: Request for approval of a 6-lot subdivision for townhomes on property zoned Mixed Use-Commercial (MU-C)
LOCATION OF REQUEST: 7661 W. 41st Avenue
APPLICANT (S): Frank Zwolinski, Power Surveying Company
OWNER (S): Sweet Ridge Towns LLC
APPROXIMATE AREA: 11,840 square feet (0.27 acres)
PRESENT ZONING: Mixed Use Commercial (MU-C)
COMPREHENSIVE PLAN: Neighborhood Buffer Area, Mixed Use Town Center, Community Commercial Center, Primary Commercial Corridor
ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN
(X) ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map (subject site outlined in red)
ATTACHMENT 2
Case No. WS-19-06 / Sweetridge Subdivision 2
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of a six-lot subdivision for townhomes on property zoned Mixed Use-Commercial (MU-C) and located at 7661 W. 41st Avenue. The property currently consists of one unplatted parcel. The purpose of the request is to allow for the six recently constructed townhome-style
apartments to be platted as separate for-sale lots. This request is considered a major subdivision based
on the number of lots, which requires a public hearing before Planning Commission. For this case, Planning Commission will make a recommendation to City Council, who is the final authority for approval.
The purpose of a subdivision plat review is to confirm appropriate lot configuration, access, rights-of-
way, easements, and utility service. In this case, the primary purpose of the plat is to allow the units to be owned individually. II. EXISTING CONDITIONS
The property is located on the north side of W. 41st Avenue, between Wadsworth Boulevard and Yarrow Court (Exhibit 1, Aerial). The total area of the subject site is 11,840 square feet (0.27 acres). The Wilmore-Davis Elementary School is located about a block west and the Yarrow Gardens townhome development, currently actively under construction, is located further to the northwest.
Wadsworth Boulevard is a primary north-south corridor in the City of Wheat Ridge. While the
Wadsworth Improvement Project affects the nearby portion of Wadsworth, the subject property is not impacted. The property is zoned MU-C, a zone district, generally located along major commercial corridors and
at community and employment activity centers, established to encourage medium to high-density
mixed-use development. This site is in an urban renewal area, which explains the property’s zoning; it was part of the comprehensive city-initiated rezoning of parcels adjacent to Wadsworth and within urban renewal areas in 2011. For this reason, parcels to the immediate west, east, southeast, and north are also zoned MU-C. They contain commercial and residential uses. Townhomes are a permitted use
in MU-C. To the southwest, and further west and northwest are properties zoned Residential-Two (R-
2) and primarily consist of single-family residential homes (Exhibit 2, Zoning). In 2019, the subject property underwent an administrative site plan review (Case No. WSP-19-03) and was approved for a six-unit townhome-style apartment development. Building permit applications for
the development were submitted shortly after site plan approval, and construction took place in 2020.
The development is close to completion. At the time of this report’s writing, the Certificate of Occupancy (C.O.) has not been issued yet. The request for the subdivision was submitted after site plan approval. While we typically review a
subdivision concurrently with the site plan review, the processes are occasionally separated. However,
that does not affect what is built; the underlying MU-C zoning allows for a six-plex and dictates the site and building design. The presence or absence of a plat simply determines whether the units are individually owned or rented. The owner originally intended to own the entire property and rent the
Case No. WS-19-06 / Sweetridge Subdivision 3
units; they have subsequently decided to sell some of the units which can only be achieved through
platting. III. PROPOSED SUBDIVISION PLAT
Plat Document
The proposed plat document consists of three pages (Exhibit 3, Proposed Plat). The first page includes a legal description of the property; signature blocks for the owner, City, surveyor, and County; and standard declarations and notes. The second page includes the proposed lot layout, including the proposed lot and tract lines and easements recorded separately from the plat. The third and last page
depicts the new easements to be created by the plat.
Lot and Tract Configuration The site is rectangular in shape, 74 feet wide along W. 41st Avenue and 160 feet deep, and totals 11,840 square feet (0.2718 acres) in area. The proposed subdivision plat creates:
• six townhome lots (each approximately 20 feet wide and 37.5 feet deep),
• a tract that encompasses the drive aisle that provides access to the units’ garages from W. 41st Avenue, as well as the trash enclosure, bike parking area and new hydrant (Tract “D”),
• a tract that encompasses the shared pedestrian walkway that provides access to the front of each of the units and mailbox (Tract “C”),
• and two tracts that encompass the residents’ open space amenities (Tract “A” and Tract “B”).
The MU-C zone district does not include minimum lot size and lot width requirements. In addition, per
the subdivision regulations, individual townhouse lots are exempt from minimum lot size, lot width, and interior side yard setback requirements. Townhome lots shall not be developed for any purpose other than townhomes, and the plat includes a note to this effect. The tracts will be non-buildable tracts to be maintained by the homeowner’s association (HOA) to be established for the site.
Public Improvements When new development occurs or when new lots are created through the subdivision process, staff reviews adjacent street improvements to confirm that they meet current roadway standards. In this case, the requirement was assessed at the time of site plan review and a Public Improvement
Agreement was executed at that time and a five-foot attached sidewalk has already been constructed.
To rectify right-of-way width, this plat does include a one-foot ROW dedication to accommodate the City’s standard two-foot utility zone behind the sidewalk. Drainage
A drainage letter and plan were reviewed by the Engineering Division for the entire site as part of the
site plan review. As seen in the aerial of the site (Exhibit 1), prior to the townhome development, a single-family home sat on a site that was mostly open space. All the drainage has been designed and installed to direct runoff to and connect to stormwater infrastructure in W. 41st Avenue, so it will not impact adjacent property owners. Water quality for most of the runoff caused by the added
imperviousness is handled by the stormceptor manhole, located in the access drive, prior to entering
the stormwater system. Drainage certifications are required prior to the issuance of any C.O. to ensure this drainage pattern and have already been received by the Engineering Division which confirm the drainage facilities were constructed as designed. With the drainage already reviewed and installed prior to this subdivision plat, the purpose of the plat with respect to drainage is to memorialize a stormwater
Case No. WS-19-06 / Sweetridge Subdivision 4
drainage easement at the southwest corner of the property that would otherwise have been required by
separate document. Easements The second page of the plat shows two existing easements recorded by separate document to the
benefit of the Wheat Ridge Water District for water service to each unit and the new fire hydrant in the
front. There are no other existing easements. Three new easements are proposed with the plat and shown on page 3:
• a 25-foot wide emergency access, private access and utility easement shown over the drive aisle for the benefit of all utility providers,
• an 8-foot utility easement along the northern property line for the existing overhead utility lines,
• and a stormwater drainage easement at the southwest corner for the stormcepter manhole.
Parkland Dedication Municipal code includes a parkland dedication requirement for all new residential development or all new residential subdivisions based on the assumption that additional residents in the City will impact the demand for parks and open space. When land is not dedicated for a public park, a fee is required in
lieu. Because this site is in an urban renewal area, there is a reduced fee per unit. The fee is assessed
against the net increase in residential units or lot; in this case, the net increase is five new lots (credit is given for the single-family unit that used to exist on the site). A total parkland dedication fee of $10,108 is required prior to C.O. and was a requirement of the site plan review.
IV. AGENCY REFERRALS
All affected service agencies were contacted for comment on the original site plan review and again with this subdivision plat regarding the ability to serve the property. The developer will be responsible for any needed upgrades. Specific referral responses follow.
Wheat Ridge Engineering Division: The plat has been reviewed and approved. Wheat Ridge Sanitation District: No objections.
West Metro Fire District: Requested an emergency access easement in the drive aisle. This is
covered by the new 25-foot wide emergency access, private access and utility easement shown on Sheet 3. Xcel Energy and Century Link: Requested utility easements for the overhead lines along on
the north and south sides of the site. The new 8-foot wide utility easement will protect the
northern overhead line from interference and, with the ROW dedication, the southern overhead lines will now be entirely within the public ROW. No comments were received from Wheat Ridge Water District and Comcast. Referral recipients are
advised that no comment received indicates having no objections or concerns regarding the proposal. V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Case No. WS-19-06 / Sweetridge Subdivision 5
Staff concludes that the proposed subdivision plat results in a logical layout of the townhome
development. Staff further concludes that the subdivision plat complies with the standards in Article IV of the zoning and development code (subdivision regulations) and that all utility agencies can serve the property with improvements installed at the developer’s expense. For these reasons, staff recommends approval of the subdivision plat.
VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-19-06, a request for approval of a 6-lot subdivision on property zoned Mixed Use Commercial (MU-C) and located at 7661 W. 41st
Avenue, for the following reasons:
1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV (Subdivision Regulations) of the zoning and development
code have been met.
With the following conditions: 1. The developer shall record documentation establishing a homeowner’s association for the site concurrently with the recordation of the subdivision plat.”
Option B: “I move to recommend DENIAL of Case No. WS-19-06, a request for approval of a 6-lot subdivision on property zoned Mixed Use Commercial (MU-C) and located at 7661 W. 41st Avenue, for the following reasons:
1.
2. 3. ”
Case No. WS-19-06 / Sweetridge Subdivision 6
EXHIBIT 1: AERIAL
Case No. WS-19-06 / Sweetridge Subdivision 7
EXHIBIT 2: ZONING MAP
Case No. WS-19-06 / Sweetridge Subdivision 8
[See attached]
EXHIBIT 3: PROPOSED PLAT
Case No. WS-19-06 / Sweetridge Subdivision 9
This page intentionally left blank.
SWBB'l'RIDGE TOWNS
OWNER'S CERTIFICATE
SWEET RIDGE TOWNS LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNERS OF REAL PROPERTY
CONTAINING 0.2718 ACRES DESCRIBED AS FOLLOWS:
A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
THE WEST 74 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THE SOUTH 185 FEET OF THE SOUTHEAST QUARTER NORTHEAST QUARTER SOUTHWEST QUARTER, SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, EXCEPT THE WEST 210 FEET THEREOF, AND
EXCEPT THE EAST 180 FEET THEREOF, AND EXCEPT THE SOUTH 25 FEET THEREOF, COUNTY OF JEFFERSON, STA TE
OF COLORADO, ALSO DESCRIBED AS.·
ALL OF THAT PARCEL OF LAND AS DESCRIBED AND CONVEYED IN THAT CERTAIN WARRANTY DEED RECORDED
SEPTEMBER 4, 2019 AT RECEPTION No. 2019080137, LYING WITHIN THE SOUTHWEST QUARTER {SW 1/4) OF SECTION
23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STA TE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER {SW 1/4), FROM WHENCE THE SOUTHEAST
CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS SOUTH 00'10'14" EAST A DISTANCE OF 2645.11 FEET, WITH
ALL BEARINGS HEREIN RELATED THERETO;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER {SW 1/4), SOUTH 00·10'14" EAST, 1322.55 FEET TO
THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER {NE 1/4) OF SAID SOUTHWEST QUARTER {SW 1/4);
THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER {NE 1/4), SOUTH 89:39'42" WEST, 448.35 FEET TO
A POINT,·
THENCE LEAVING SAID SOUTH LINE, NORTH 0012'40" WEST, 25.00 FEET TO THE NORTH LINE OF W. 41ST A VE. AND
THE POINT OF BEGINNING;
THENCE ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING FOUR (4) COURSES.·
I. CONTINUING NORTH 00'12'40" WEST, 160. 00 FEET TO A POINT;
2. NORTH 89:39'42" EAST, 74.00 FEET TO A POINT;
3. SOUTH 0072'40" EAST, 160.00 FEET TO THE AFOREMENTIONED NORTH LINE OF W. 41ST A 1-£;
4. ALONG SAID NORTH LINE, SOUTH 89"39'42" WEST, 74.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 11,840 SQUARE FEET OR 0.2718 ACRES OF LAND, MORE OR LESS.
HA VE LAID OUT, SUBDIVIDED AND PLATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME
AND STYLE OF "SWEETRIDGE TOWNS'; A SUBDIVISION OF A PART OF THE CITY OF WHEAT RIDGE, COLORADO AND BY
THESE PRESENTS DO DED/CA TE TO THE CITY OF WHEAT RIDGE AND THE PUBLIC THOSE PORTIONS OF REAL PROPERTY
SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICATE TO THE CITY OF WHEAT RIDGE AND THOSE MUNIC/PALL Y
OWNED AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL PROPERTY SHOWN AS
EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT FOR ALL
SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO TELEPHONE AND ELECTRIC LINES, GAS LINES, WA !ER AND SANITARY
SEWER LINES, HYDRANTS, STORM WA !ER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND ALL
APPURTENANCES THERETO.
FOR: SWEET RIDGE TOWNS LLC, A COLORADO LIMITED LIABILITY COMPANY:
BY: FRANK CEFARA TT/, MANAGER
NOTARY ACKNOWLEDGMENT
STA TE OF_____ )
) ss.
COUNTY OF____ )
DATE
THE FOREGOING CERT/FICA TE OF DED/CA TION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF
20 ___ , BY FRANK CEFARA TT/.
NOTARY PUBLIC
MY COMMISSION EXPIRES.·
ADDRESS OF NOTARY: ___________________ _
TOWNHOMES NOTE
INDIVIDUAL TOWNHOUSE LOTS SHALL NOT BE DEVELOPED FOR ANY PURPOSE OTHER THAN TOWNHOMES.
CONSI'RUCTION DEFECTS
THIS PLAT CONTAINS LOTS, BLOCKS, OR OTHER LAND INTENDED FOR THE DEVELOPMENT OF OWNER-OCCUPIED MUL Tl-FAMILY
DWELLING UNITS OR ASSOC/A TED COMMON AREAS, LIMITED COMMON ELEMENTS, OR IMPROVEMENTS {THE "MUL Tl-FAMILY
DEVELOPMENT AREA';. TO THE EXTENT THAT THE FOLLOWING CLAIMS INVOLVE ANY MULTI-FAMILY DEVELOPMENT AREA {OR THE
IMPROVEMENTS THEREON) WITHIN THE PROPERTY COVERED BY THIS PLAT, SUCH CLAIMS SHALL BE SUBMITTED TO BINDING
ARB/TR A TION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW.
ANY AND ALL CLAIMS THAT ALLEGE A CONSTRUCTION DEFECT AS DEFINED AT SECTION 26-1302 OF THE CODE OF LAWS AND:
(/) ARE BETWEEN ANY TWO OR MORE OF THE FOLLOWING PERSONS OR ENTITIES.· {A) ANY OWNER OF ANY PORTION OF THE
MULTI-FAMILY DEVELOPMENT AREA, {B) ANY COMMON INTEREST COMMUNITY ASSOC/A TION CREA TED WITH RESPECT TO THE
MULTI-FAMILY DEVELOPMENT AREA, {C) THE SUBDIVIDER, DEVELOPER, CONTRACTOR, OR ANYONE CLAIMING UNDER OR THROUGH
ANY SUCH PERSONS, {D) ANY PARTY THAT CONSTRUCTS OR DESIGNS ANY PORTION OF ANY RESIDENTIAL DWELLING UNITS
UPON THE MULTI-FAMILY DEVELOPMENT AREA, AND {E) ANY CONSTRUCTION PROFESSIONAL AS DEFINED IN THE CONSTRUCTION
DEFECT ACTION REFORM ACT, C.R.S. § 13-80-802.5, ET SEQ., AS AMENDED ("CDARA "); AND (2) THAT PERTAINS TO ANY OF:
(A) THE MULTI-FAMILY DEVELOPMENT AREA, {B) ANY DWELLING UNIT, COMMON AREA DEVELOPMENT STRUCTURE, LIMITED
COMMON ELEMENTS, OR OTHER IMPROVEMENTS CONSTRUCTED ON THE MUL T/-FAMIL Y DEVELOPMENT AREA, {C) THE COMMON
INTEREST COMMUNITY TO BE CREA TED FOR THE MULT/-FAMIL Y DEVELOPMENT AREA OR ANY PORTION THEREOF, OR (D) THE
DECLARATION OR OTHER DOCUMENTS GOVERNING SUCH COMMUNITY.
THE FOREGOING SHALL NOT PRECLUDE ANY OF THE PERSONS OR ENTITIES DESCRIBED ABOVE FROM ENDEAVOR/NG TO RESOLVE
ANY SUCH CLAIM(S) THROUGH EITHER NEGOTIATION OR MEDIATION BEFORE SUBMITTING SUCH CLAIM(S) TO BINDING
ARBITRATION. ADDITIONALLY, THE MULTIFAMILY DEVELOPMENT AREA MAY ALSO BE SUBJECT TO A DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS THAT MAY IMPLEMENT AND EXPAND UPON THE REQUIREMENTS OF THIS PLAT NOTE AND THAT
MAY EXEMPT CERTAIN CLAIMS FROM THE REQUIREMENT THAT SUCH CLAIMS MUST BE SUBMITTED TO BINDING ARBITRATION,
PROVIDED, HOWEVER, THAT ANY SUBSEQUENT AMENDMENT OR CHANGE TO SUCH DECLARATION OF COVENANTS, CONDITIONS OR
RESTRICTION SHALL NOT EL/MINA TE THIS REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS SHALL BE SUBMITTED TO BIDING
ARBITRATION IN LIEU OF SUBMITTING ANY SUCH CLAIM TO A COURT OF LAW.
FOR PURPOSES OF THIS PLAT NOTE, BINDING ARBITRATION SHALL MEAN SUBMISSION OF ANY CLAIM DESCRIBED ABOVE TO THE
ARBITRATION SERVICE PROVIDER SPECIFIED IN THE DECLARATION OR OTHER GOVERNING DOCUMENTS OF THE COMMON INTEREST
COMMUNITY, IF QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, C.R.S., AND, IF
NOT, AN ARBITRATION SERVICE PROVIDER SO QUALIFIED IN SUCH ARBITRATION; THE COSTS AND EXPENSES OF ARBITRATION TO
BE BORNE £QUALL Y BY THE PARTIES.
ALL FUTURE PURCHASERS OF ANY INTEREST IN THE MULTI-FAMILY DEVELOPMENT AREA ARE DEEMED TO HAVE ACCEPTED AND
AGREED TO THE TERMS AND CONDITIONS OF THIS PLAT NOTE AND SHALL BE BOUND BY THE PLAT NOTE, WHICH IS RECORDED
IN THE JEFFERSON COUNTY CLERK AND RECORDERS OFFICE, DEEMED TO BE A COVENANT RUNNING WITH THE MULTI-FAMILY
DEVELOPMENT AREA, AND BINDING UPON ALL SUCCESSORS IN INTEREST, GRANTEES, OWNERS, HEIRS, ASSIGNS, AND ALL
OTHERS WHO ACQUIRE AN INTEREST IN OR TO THE MULTI-FAMILY DEVELOPMENT AREA, TOGETHER WITH ANY COMMON INTEREST
COMMUNITY ASSOC/A TION ASSOC/A TED THEREWITH.
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VICINITY MAP
Scale: 1"=500'
ACCEPTANCE ACKNOWLEDGMENT
l
THE CITY OF WHEAT RIDGE, COLORADO, HEREBY ACCEPTS THE DEDICATION AND CONVEYANCE TO THE CITY OF THOSE LOTS, TRACTS, EASEMENTS
AND OTHER INTERESTS IN REAL PROPERTY DENOTED ON THIS PLAT AS BEING DED/CA TED TO THE CITY FOR PUBLIC PURPOSES.
MAYOR
ATTEST
CITY CLERK
DATE
PLANNING COMMISSION CERTIFICATION
RECOMMENDED FOR APPROVAL THIS ___ DAY OF __________ 20 -~ BY THE WHEAT RIDGE PLANNING COMMISSION.
CHAIRPERSON
CITY CERTIFICATION
APPROVED THIS ___ DAY OF ________ 20 __ , BY THE WHEAT RIDGE CITY COUNCIL.
ATTEST
CITY CLERK MAYOR
COMMUNITY DEVELOPMENT DIRECTOR
STORMWATER DRAINAGE EASEMENT
THE STORMWA TER DETENTION/WATER QUALITY AREA{S) SHOWN HEREIN AS A 'STORMWA !ER DRAINAGE EASEMENT" SHALL BE MAINTAINED BY
THE OWNERS, ANY SUBSEQUENT OWNERS, THEIR HEIRS, SUCCESSORS, AND ASSIGNS. IN THE EVENT THAT SUCH CONSTRUCTION AND
MAINTENANCE IS NOT PERFORMED BY SAID OWNERS, THE CITY OF WHEAT RIDGE SHALL HA VE THE RIGHT TO ENTER SUCH AREA AND PERFORM
NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY. NO BUILDING OR STRUCTURE SHALL
BE CONSTRUCTED WITHIN THE STORMWA !ER DR AINA GE EASEMENT AND NO CHANGES OR AL TERA TIONS AFFECTING THE HYDRAULIC
CHARACTERISTICS OF SAID STORMWA !ER DETENTION/WATER QUALITY AREA SHALL BE MADE WITHOUT THE APPROVAL OF THE COMMUNITY
DEVELOPMENT DIRECTOR.
BASIS OF BEARINGS
SOUTH 0070'/4" EAST, BEING THE BEARING OF THE EAST LINE OF THE SOUTHWEST QUARTER {SW/4) OF SECTION 23, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AS DEFINED AND MEASURED BETWEEN THE MONUMENTS FOUND AND SHOWN HEREON.
STATEMENT OF ACCURACY
THE GEODETIC POINT COORDINATE DA TA SHOWN HEREIN HAS BEEN DERIVED FROM THE NAO 83 HARN STA TE PLANE COLORADO CENTRAL
FIPS 0502 COORDINATE SYSTEM, AND HAS A HORIZONTAL ACCURACY CLASS/FICA TION OF 0. 07 U.S. SURVEY FEET AT THE 95%
CONFIDENCE LEVEL, AS DEFINED IN THE GEO.SPATIAL POSITIONING ACCURACY STANDARDS OF THE FEDERAL GEODETIC CONTROL
SUBCOMMITTEE {FGDC-STD-007.2-1998).
Case History
( _____ w_sP_-_1_9_-0_3_, w_s_-1_9_-0_6 _____ )
SHEET INDEX
SHEET 1
SHEET 2
SHEET 3
COVER SHEET
PLAT MAP / EXISTING EASEMENTS
NEW EASEMENTS
GENERAL NOTES
7. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY
ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE
DA TE OF THE CERT/FICA TION SHOWN HEREON.
2. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY POWER SURVEYING CO., INC. FOR INFORMATION
REGARDING BOUNDARY, EASEMENTS AND TITLE, POWER SURVEYING CO., INC. RELIED UPON THE FOLLOWING
TITLE COMMITMENT ISSUED BY LAND TITLE GUARANTEE COMPANY.·
COMMITMENT No. K70623974-4, WITH AN EFFECTIVE DA TE OF AUGUST 23, 2019 AT 5: 00 P.M..
3. FLOOD ZONE DESIGNATION: THE SUBJECT PROPERTY LIES ENTIRELY WITHIN ZONE X (AREAS DETERMINED
TO BE OUTSIDE THE 0.2% PERCENT ANNUAL CHANCE FLOODPLAIN), AS SHOWN ON FEMA F.I.R.M. MAP
#08059 C 0214F, WITH AN EFFECTIVE DA TE OF FEBRUARY 5, 2014.
4. FIELD SURVEY COMPLETION COMPLETION DA TE: FEBRUARY 26, 2019.
5. THE SUBJECT PROPERTY CONTAINS ±11,840 TOTAL SQUARE FEET OR ±0.2718 ACRES OF LAND.
6. ALL DISTANCES FOR THIS PLAT ARE SHOWN USING {GROUND) MODIFIED STA TE PLANE MEASUREMENTS
(U.S. SURVEY FEET ROUNDED TO THE NEAREST O.OJ') CONSISTENT WITH THE CURRENT CITY DA TUM.
a. THE CURRENT CITY DA TUM CO.ORD/NA TE SYSTEM USED IS A GROUND-BASED MODIFIED FORM OF THE
NAD83/92 STA TE PLANE CO.ORD/NA TE SYSTEM, COLORADO CENTRAL ZONE 0502.
b. VERTICAL DATUM USED IS THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NA VD88).
c. GROUND TO GRID COMBINED SCALE FACTOR IS 0.99974780300, SCALED FROM BASE POINT PHACI
{PERMANENT HIGH ACCURACY CONTROL POINT #1) HAVING THE FOLLOWING NAD83/92 STA TE PLANE
COORDINA TES:
PHACJ:NORTHING: 7707258.75, EASTING: 3118217.58, ELEVATION: 5477.62 FEET
7. THE OWNER AND HIS SUCCESSORS AND ASSIGNS HEREBY GRANTS LIMITED RIGHTS AND PRIVILEGES TO
ACCESS AND TO FREE MOVEMENT THROUGH THOSE AREAS IND/CA TED AS "EMERGENCY ACCESS, PR/VA TE
ACCESS AND UTILITY EASEMENT" AS SHOWN ON THIS PLAT. SUCH GRANT OF EASEMENT SHALL BE LIMITED
TO THE OWNERS, TENANTS, CUSTOMERS AND GUESTS OF THE OWNERS AND SHALL FURTHERMORE GRANT
EMERGENCY VEHICULAR ACCESS AND THE PLACEMENT AND MAINTENANCE OF UTILITIES.
8. TRACT ".4" SHALL BE UTILIZED FOR COMMUNITY DOG PARK. TRACT ''B" SHALL BE UTILIZED FOR
COMMUNITY OPEN SPACE. TRACT "C" SHALL BE UTILIZED FOR COMMON SIDEWALK/COURTYARD/WALKWAY.
TRACT "D" SHALL BE UTILIZED FOR COMMON DRIVEWAY AND EMERGENCY ACCESS. THESE TRACTS {"A"
THROUGH "D") SHALL BE NON-BUILDABLE TRACTS.
SURVEYOR'S NOTE
"PER COLORADO REVISED STATUTES SEC. 38-51-106 (L), ALL LINEAL UNITS DEPICTED ON THIS LAND
SURVEY PLAT ARE U.S. SURVEY FEET. ONE METER EQUALS 39.37 DIVIDED BY 12 US SURVEY FEET
ACCORDING TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY."
SURVEYOR'S CERTIFICATE
I, RICHARD B GABRIEL, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF "SWEETRIDGE TOWNS"
WAS MADE BY ME OR UNDER MY DIRECT SUPERVISION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION
AND BELIEF, IN ACCORDANCE WITH ALL APPLICABLE COLORADO STATUTES, CURRENT REVISED EDITION AS
AMENDED, THE ACCOMPANYING PLAT AG.CURA TEL Y REPRESENTS SAID SURVEY.
RICHARD B. GABRIEL, P.L. S
COLORADO LICENSE NO. 37929
FOR AND ON BEHALF OF POWER SURVEYING COMPANY, INC.
720 W. 84TH A VENUE, UNIT 240
THORNTON, CO 80260
{303) 702-1617
www.powersurveying.com
COUNTY CLERK AND RECORDER'S CERTIFICATE
ACCEPTED FOR RECORDING IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT
GOLDEN, COLORADO THIS __ DAY OF-------~ 20 __
JEFFERSON COUNTY CLERK AND RECORDER
BY.· ------------
DEPUTY CLERK
P .... =..,,.= ..... 1=•J~:I Thi
720 W. 84TH AVENUE, UNIT240
THORNTON, COLORADOS0260
Surveying Company, Inc.
PH. 303-702-1617
FAX. 303-702-1488
www. powersurveying.ccm
COVERSHEET
TYPE OF SUBMITTAL: SUBD. PLAT
PREPARATION DATE: DECEMBER 9, 2019
REVISION DA TE:
REVISION DA TE:
REVISION DA TE:
µoB NO. 501-19-035(A) 501-19-035(A).dwg
SHEET 1 OF 3 ..
SWEETRIDGE TOWNS
A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
WADSWORTH BOULEVARD
__ +-EAST LINE_ OF THE _§W 1/4 OF_ SEC 23, _T. 3S., R. 69W., 6th P.M.
1322.55'(C)
SHEET20F3
BASIS OF BEARINGS Jc/r'5 os'(;?)
_S00'10'!4"E __ 264511'{_Ml_ __ _
CJ\_ CITY OF vVHE,:\T R=D,G3 POINT 15709:
"<;;> s: B&fJ -11,, POINT OF COMMENCEMENT
,____«:-"''\-~ ~ './er~ FOUND 3-1/4" DIAM. ALUM. CAP
CI~Y OF vVI-IEAT RIDGE D1\TlHv[:
~;;: O'.'. ~ 28 g~ IN RANGE BOX, MARKED AS
~ ~ Z ~ ;:s':,.__ SHOWN (ACCEPTED AS C 1/4 COR
'S cf';~ u ~\~ SEC 23, T. JS., R. 69W. 6th P.M.)
-r-11J D~\, s CITY CF 1VHEAT RIDGE POI'\T 14709:
CITY CF 1VHEAT RIDGE D1\TlJ}t
N 70114611.51;11
E 111l4:35.:Hl211
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Lon,g: vV105"01 '53.152:36"
CITY OF 1VIIEAT RIDGE DATl:IvI:
/ \J 707328.75•18
/ E 11 HO fl•! .2H70
,/
15. 68'
LINE TABLE
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2 750 s.f. 0.0172 ac. private
3 750 s.f. 0.0172 ac. private
4 750 s.f. 0.0172 ac. private
5 750 s.f. 0.0172 ac. private
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TRACT"B" 764 s.f. 0.0175 ac. H.O.A. (park)
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720 W. 84TH AVENUE, UNIT240
THORNTON, COLORADOS0260
Surveying Company, Inc.
PH. 303-702-1617
FAX. 303-702-1488
www. powersurveying.ccm
TYPE OF SUBMITTAL: SUBD. PLAT
PREPARATION DATE: DECEMBER 9, 2019
REVISION DA TE:
REVISION DA TE:
REVISION DA TE:
OB NO. 501-19-035(A) 501-19-035(A).dwg
SHEET 2 OF 3
SWEETRIDGE TOWNS
A PORTION OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SHEET30F3
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PREPARATION DATE: DECEMBER 9, 2019
REVISION DA TE:
720 W. 84TH AVENUE, UNIT240
THORNTON, COLORADOS0260
Surveying Company, Inc.
PH. 303-702-1617
FAX. 303-702-1488
www. powersurveying.ccm
REVISION DA TE:
REVISION DA TE:
OB NO. 501-19-035(A) 501-19-035(A).dwg
SHEET 3 OF 3
Wheat Ridge Speaks
Published Comments for January 21, 2021 Planning
Commission Meeting
Major Subdivision at 7661 W 41st Ave/Sweetridge
Subdivision
I'm in favor of allowing the units to be sold as as opposed to renting them, which is the last
thing this neighborhood needs....more rentals. My main concerns with this development,
along with the development at 42nd and Yarrow, are increased traffic and noise. I am
already seeing a large increase in traffic from the 42nd avenue development; it's far too
convenient for people to go south to 41st rather then north on Yarrow to 44th. The noise has
increased as well with many cars/motorcycles having loud mufflers and speeding on 41st.
This development on 41st will only add to the traffic volume and noise that I and other
neighbors have to put up with.
The other issue that I am already having a problem with is on street parking. That
development has none. I know they have two car garages but how many people actually
park both cars in the garage. This means people living there will be looking for other close
on street parking. Their visitors will be looking for places to park as well. So far I've noticed
that everyone who is looking at those apartments is parking in front of my house. It's not
unusual to have two cars using all of the on street parking in front of my house. I can see a
pattern starting...can't use my garage, park in front of other people's houses. I think this an
issue that needs to be addressed now before the units fill up and Yarrow street becomes
packed with their cars/trucks. I would like to see parking on Yarrow restricted to residents
on Yarrow, possibly some type of permit required. I know this has been done in other areas
of the city where parking issues have boiled over. Maybe residents of the apartments could
use the medical building lot just to the south or use the lot just east of the apartments for
their overflow needs. I really think this issue needs to be resolved before people start
moving in and disrupting the people who live on Yarrow.
There is almost zero traffic enforcement by Wheat Ridge PD being done in this area. The PD
needs to start enforcing traffic laws on 41st west of Wadsworth. Speeding vehicles are
dangerous to residents. The loud cars/truck/motorcycles are nearly constant and increasing.
The police department needs to address these problems more energetically than they do
now.
Finally, there is a lot of stress on home owners in this area because of the high number of
rentals and constant traffic cutting through the neighborhoods. These two newest high
density housing projects are exacerbating the problems very quickly. I want to see the city
address these problems in a meaningful way; address parking issues, speeding and other
traffic problems, and noise issues.
Thank you.
01/20/2021 8:34 am
Mark Hester
4095 Yarrow Street
Wheat Ridge, 80033ATTACHMENT 3
Planning Commission Minutes - 1 –January 21, 2021
PLANNING COMMISSION Minutes of Meeting January 21, 2021
1.CALL THE MEETING TO ORDER
The meeting was called to order by Chair OHM at 7:00 p.m. This meeting was heldvirtually, using Zoom video-teleconferencing technology. As duly announced andpublicly noticed, the City previously approved this meeting format in order to continue
with normal business amid the COVID-19 pandemic and the related public emergencyorders promulgated by the State of Colorado and the Wheat Ridge City Council. Beforecalling the meeting to order, the Chair stated the rules and procedures necessitated by thisvirtual meeting format.
2.ROLL CALL OF MEMBERS
Commission Members Present:Melissa Antol Kristine Disney Will Kerns
Ari Krichiver Daniel Larson Janet Leo Scott Ohm Jahi Simbai
Commission Members Absent: None
Staff Members Present: Lauren Mikulak, Planning Manager Zareen Tasneem, Planner I Dave Brossman, Development Review Engineer Tammy Odean, Recording Secretary
3.PLEDGE OF ALLEGIANCE
4.APPROVE ORDER OF THE AGENDA
It was moved by Commissioner LEO and seconded by Commissioner LARSON toapprove the order of the agenda. Motion carried 8-0.
ATTACHMENT 4
Planning Commission Minutes - 2 – January 21, 2021
…
B. Case No. WS-19-06: an application filed by Frank Zwolinski, Power Surveying
Company, for approval of a 6-lot subdivision for townhomes on property zoned Mixed Use-Commercial (MU-C) and located at 7661 West 41st Avenue. Ms. Tasneem gave a short presentation regarding the subdivision and the application. She entered into the record the contents of the case file, packet
materials, the zoning ordinance, and the contents of the digital presentation. She
stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Ms. Tasneem also summarized and entered into the record the one comment received through Wheat Ridge Speaks. She described follow-up between the staff and the commenter and
added that parking was reviewed during the site plan process and is not under
review tonight. Frank Cefaratti, Owner 3605 Dudley Street
Mr. Cefaratti gave a brief presentation regarding the Sweetridge subdivision. Commissioner KERNS asked about on-street parking.
Mr. Cefaratti mentioned that he has an after-hours parking agreement with the
neighbor to the east who owns the medical office building. Commissioner SIMBAI asked to understand the roles of Mr. Cefaratti versus Frank Zwolinski who was listed as the applicant.
Mr. Cefaratti said he is part of the ownership group, and Mr. Zwolinski is the surveyor for the subdivision who handled putting together the plat document. In response to a question from Commissioner SIMBAI about the townhomes being
built before the subdivision case was submitted, Ms. Tasneem stated that
townhomes are a use-by-right in the MU-C zone district. If a request for a subdivision had not been submitted, then the building would have stayed as rental apartments, maintained under one ownership, and the units could not be sold individually.
Commissioner LARSON asked if the Certificate of Occupancy (CO) has been issued. Ms. Tasneem confirmed the CO has been issued, but the units cannot be sold
individually until City Council has approved the subdivision and the plat has been
recorded at the County. Ms. Mikulak added the units can be advertised for sale and go under contract, but no closing can occur until the plat is recorded.
Planning Commission Minutes - 3 – January 21, 2021
Commissioner Larson also inquired if there will be a limit to the number of these 6 townhomes that can be rented by the owners in the HOA regulations.
Mr. Cefaratti said there will be no limitations in the HOA documents. He does not think this site will be one for attracting investors. Commissioner KRICHIVER asked if the Short-Term Rental ordinance is approved
will this subdivision have to follow those limitations.
Ms. Mikulak explained that, in a townhome situation, each owner can have a short-term rental unless otherwise precluded by the covenants of that property.
Commissioner KRICHIVER asked what the price-point of the townhomes will be.
Mr. Cefaratti said the units are 3 bedroom 3 ½ bath and will run from $490,000 to $510,000.
Commissioner OHM asked why in Tract D the easement does not go all the way to
the property line. Ms. Tasneem explained it is related to the water lines getting to the individual units. Mr. Cefaratti added that the easement ends at the curb, and the area between
the western boundary of that easement line and the western property line will all be
landscaped. Commissioner OHM asked if there was a traffic count done.
Ms. Mikulak said no traffic study was required and we expect there will be about
60 trips per day, based on standards from the ITE Manual for trip generation. Ms. Tasneem said the concerned citizen who submitted a comment on Wheat Ridge Speaks was referred to the City’s Neighborhood Traffic Management Program. She added the concerns were more for the Yarrow Street neighborhood at large,
versus for this particular development specifically.
Commissioner OHM asked if this is considered a slot home development. Ms. Mikulak clarified that this is not a slot home development because the
southernmost unit is oriented to W. 41st Avenue and doesn’t meet the definition of
a slot home simply by virtue of being sideways-oriented townhomes. Commissioner OHM also inquired if the deck of that front unit protrudes into the front yard setback.
Ms. Tasneem mentioned that in the Mixed-Use districts there are build-to requirements and for this site, because it is zoned MU-C, it is 0-20 feet. A portion of the building structure has to be within the build-to area; there is no front setback.
Planning Commission Minutes - 4 – January 21, 2021
Public Comment
Nobody wished to speak. Chair OHM closed the public forum. Commissioner DISNEY complimented Mr. Cefaratti on the construction of these units which has a very peaceful setting to it and hopes City Council entertains
some traffic management in the area.
It moved by Commissioner SIMBAI and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-19-06, a request for approval of a 6-lot subdivision on property zoned Mixed Use-Commercial (MU-C) and locate
at 7661 West 41st Avenue, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer’s expense. 2. The requirements of Article IV (Subdivision Regulations) of the zoning
and development code have been met. With the following conditions: 1. The developer shall record documentation establishing a
homeowner’s association for the site concurrently with the recordation of the subdivision plat. Motion carried 8-0.
8. OLD BUSINESS 1. Commissioner OHM complimented staff on the word crafting of a condition for a previous case heard in December.
9. NEW BUSINESS 1. Ms. Mikulak confirmed there will not be a Planning Commission meeting on February 4. 2. Ms. Mikulak mentioned staff is about to launch the 2nd and final round of
the Let’s Talk conversations for the Bel Aire and East Wheat Ridge
neighborhoods and encouraged residents to participate. 3. Commissioner ANTOL asked about the status of the 44th Avenue Corridor Plan. Ms. Mikulak mention a contract was awarded a year ago but has been put on hold due to COVID budget cuts and is still on the list for the
future. She also mentioned there is a Lutheran Hospital Master Plan in the
works for the 100-acre site due to SCL moving the Hospital to the Clear Creek Crossing site.
Planning Commission Minutes - 5 – January 21, 2021
10. ADJOURNMENT
It was moved by Commissioner DISNEY and seconded by Commissioner LARSON to adjourn the meeting at 8:30 p.m. Motion carried 8-0. __________________________ _______________________________
Scott Ohm, Chair Tammy Odean, Recording Secretary
ITEM NO: 4
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2021 – AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS TO ADOPT A NEW
ARTICLE XIV IN CHAPTER 11 ENTITLED SHORT-TERM
RENTAL LICENSES AND IN CONNECTION THEREWITH
MAKING CONFORMING AMENDMENTS IN CHAPTERS 22 AND 26 PUBLIC HEARING ORDINANCES FOR 1ST READING (02/08/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/22/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ____________________________________ Community Development Director City Manager ISSUE:
The City of Wheat Ridge does not currently define or regulate short-term rentals (STRs) in the
Code of Laws. Short-term rentals are dwelling units, or portions of dwelling units, that are used for lodging accommodations for transient occupancy for a period of less than 30 consecutive days. STRs have existed in one form or fashion for decades but have become much more prevalent as a land use phenomenon in the last 10 years. They are commonly listed on web-based platforms
including Airbnb, VRBO, and Expedia. The purpose of this ordinance is to define STRs and allow,
license and regulate them. PRIOR ACTION: This topic has been a focus of City Council over the last two years. Addressing short-term rentals
(STRs) was identified as a priority in City Council’s 2018/2019 Strategic Plan, and a study session
was held in March 2019 to begin learning about the various regulatory options. City Council discussed the regulation and licensing of short-term rentals in study sessions again on October 21, 2019 and April 6, 2020.
Council Action Form – Short-Term Rentals February 8, 2021
Page 2
Most recently on November 2, 2020, Council reached consensus to move an ordinance forward as presented in this Council Action Form and attachments. The ordinance provided is a result of City
Council’s consensus, a multi-department collaboration of City staff and the City Attorney, and
research and coordination with other municipalities also regulating STRs. Planning Commission reviewed the Chapter 26 portions of the proposed ordinance at a public hearing on December 17, 2020 and recommended approval. Meeting minutes from the Planning
Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: The City is expected to receive revenue from the application and renewal fees associated with the short-term rental business license and will receive remitted lodgers’ tax from short-term
rental hosts. These fees are expected to cover the administration of the program, including hiring
a third-party vendor to manage certain administrative and enforcement tasks. BACKGROUND: Current Code
City Code is silent to the concept of short-term rentals, particularly contemporary interpretations of
what constitutes a short-term rental and a short-term rental contract. As of the date of this report, staff estimate there are approximately 160 short-term rentals operating in Wheat Ridge. Due to the Code’s silence, these STRs are by default considered to be prohibited. That said, the lack of any specific code language makes it challenging to enforce upon STRs.
Long-term rentals are permitted and are generally considered to be a duration of greater than one month. The one-month threshold is referenced in Section 26-123 in the context of the definitions for two-family and multi-family dwelling units. The code has no prohibition on long-term rentals meaning every legal dwelling unit in the City is permitted to be rented on a long-term basis.
While the code does not currently address STRs, it does include definitions and regulations for other types of transient occupancy. Rooming/boarding is defined in Section 26-123 and is a permitted accessory use in residential and agricultural zone districts (Section 26-204). Rooming/boarding is specifically an accessory use to a dwelling, where in addition to a family, no
more than two (2) people unrelated to the family are provided lodging and meals for seven (7) or
more days. This definition and allowance are limiting and do not align with contemporary expectations for STRs or transient lodging. Bed and Breakfast is defined in Section 26-123 and is a permitted use in commercial and mixed-
use zone districts, and a special use in residential and agricultural zone districts (Section 26-204).
Bed and Breakfast operations are subject to additional regulations in Section 26-608, including minimum lot size, parking requirements, and signage allowances. Bed and Breakfasts are essentially owner-occupied commercial properties that function as small hotels with guest rooms and take on a different character than an STR. Staff is unaware of any existing Bed and Breakfasts
in the City. Traditional hotel/motel land uses are permitted in mixed use districts and special uses
in some commercial districts.
Council Action Form – Short-Term Rentals February 8, 2021
Page 3
Proposed Code City Council has been clear in their direction to staff to craft an ordinance that allows short-term
rentals, but limits their proliferation, creates appropriate licensing, and puts significant
responsibility on the STR host to “be a good neighbor.” The proposed code amendment reflects City Council’s consensus. In consultation with the City Attorney’s office and the staff working group, revisions to Chapter 11 (License, Permits, and Miscellaneous Business Regulations) and Chapter 26 (Zoning and Development) have been prepared. Minor revisions to Chapter 22
(Taxation) are also included in the ordinance.
Chapter 11 edits: A new Article XIV, entitled “Short-Term Rental Licenses” was added to Chapter 11, which contains the following:
• Requirement to obtain an STR business license
• Requirement to collect and remit lodgers’ tax according to provisions of Chapter 22
• Application requirements including emergency contact, safety certifications, housing type certifications, parking requirement certifications, proof of ownership, current property and
liability insurance, a description of the space to be used as an STR, and the application fee if the license is approved
• Operational requirements including applicant’s requirement to notify adjacent property owners, posting of the STR business license and contact info within the STR, age
restrictions, and advertisement restrictions
• Renewal, suspension, and revocation provisions
• Provisions on failure to register and the waiting period required to re-apply if found to be operating without a license
Chapter 22 edits: Short-term rentals were specifically added to the definition of “lodging services.” All lodging services are required to remit Lodgers’ Tax. The City Attorney found that the existing definitions of lodging services already covers short-term rentals, meaning STRs are eligible and required to remit tax, but the specific term was added for clarity.
Chapter 26 edits: A new section in Chapter 26, Section 26-645 entitled “Short-Term Rentals” was added. In addition, definitions related to STRs were added to and modified in Section 26-123 (definitions) and to use charts in Sections 26-204 and 26-1111. The new Section 26-645 contains the following:
• Permitted locations of STRs
• Maximum number per STR host (one non-owner occupied and one owner-occupied STR), with different requirements for apartments and mixed-use developments in certain zone
districts, and for condominiums to limit overall proliferation in condo developments where
each unit is individually owned
• Requirements including obtaining a license, operating in a legal dwelling unit, meeting building codes, prohibiting in temporary buildings, prohibiting in deed-restricted affordable housing, and requiring parking if the property does not currently meet parking requirements
• Maximum number per Council district (the “cap”) and how that is calculated
Council Action Form – Short-Term Rentals February 8, 2021
Page 4
Recommendation and Next Steps As noted above, City Council has discussed the regulation and licensing of short-term rentals at
several study sessions and reached consensus to move an ordinance forward as presented in this
staff report. The proposed ordinance will provide staff with the ability to license and regulate STRs and provide clear direction to City residents about requirements for STRs and potential impacts of STRs in the community. The ordinance balances the Council’s desire to invite short-term renters to Wheat Ridge but also to protect the character of the community and its neighborhoods.
There are likely some provisions in this ordinance that warrant further consideration from City Council. For example, the length of the grace period for an STR host to come into licensing compliance with the ordinance is six (6) months as drafted (Sec. 11-506). Council may choose to lengthen or shorten that time period. Additionally, Lodgers’ Tax remittance becomes required on
the earlier of license issuance or November 1, 2021. Council may instead choose that Lodgers’ Tax
be remitted to the City as of the effective date of the ordinance, May 1, 2021. If approved, staff will coordinate with the chosen third-party vendor to set up an application process and coordinate notice to affected property owners. Staff will create a guide for short-term
rental hosts and a web page with application information, rules/regulations found in the ordinance
in a public-facing format. Staff will also refine the internal processes for review and approval of STR licenses. The proposed ordinance effective date of May 1, 2021 allows staff and the vendor almost 10 weeks to prepare for the initial notice and registration period. A grace period of six (6) months for the proposed district cap of STRs is built into the ordinance, to take effect November 1,
2021. Staff will complete a detailed and current analysis of the number of short-term rentals prior
to implementation of the cap and will develop a waitlist procedure. RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2021, an ordinance amending the Wheat Ridge Code of Laws to adopt a new Article XIV in Chapter 11 entitled Short-Term Rental Licenses and in connection therewith making conforming amendments in Chapters 22 and 26, on first reading,
order it published, public hearing set for Monday, February 22, 2021 at 7:00 p.m. as a virtual
meeting, and that it take effect on May 1, 2021.” Or,
“I move to postpone indefinitely Council Bill No. 02-2021, an ordinance amending the Wheat
Ridge Code of Laws to adopt a new Article XIV in Chapter 11 entitled Short-Term Rental Licenses and in connection therewith making conforming amendments in Chapters 22 and 26, for the following reason(s) _________________.”
REPORT PREPARED/REVIEWED BY:
Scott Cutler, Senior Planner
Council Action Form – Short-Term Rentals February 8, 2021
Page 5
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director
Gerald Dahl, City Attorney
Allison Scheck, Director of Administrative Services Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 02-2021
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 02
ORDINANCE NO. _________ Series 2021
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO ADOPT A NEW ARTICLE XIV IN CHAPTER 11 ENTITLED SHORT-TERM RENTAL LICENSES AND IN
CONNECTION THEREWITH MAKING CONFORMING AMENDMENTS IN CHAPTERS 22 AND 26
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, the Council finds that it is necessary to adopt regulations concerning
the operation of short-term rental of residential dwelling units.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended to
add a new Article XIV to read as follows:
Article XIV – Short-Term Rental Licenses
Sec. 11-500. - License required – license fees.
No person shall operate a short-term rental, as defined in Section 26-123,
without first having obtained a short-term rental business license.
Sec. 11-501. - Taxes.
Each short term licensee shall collect and remit lodgers’ tax on all short-term
rentals according to the provisions of chapter 22 of this Code and any regulations
issued pursuant thereto.
Sec. 11-502. - Application; fees.
An application for a short-term rental business license shall only be submitted for
an eligible property meeting the requirements of Sec. 26-645, as confirmed by the
Community Development Director, and shall include the following:
a. The name, address, telephone number, and email address of one
emergency contact capable of physically responding to the property within
sixty (60) minutes.
b. A certification that the dwelling unit is equipped with an operational smoke
detector, carbon monoxide detector, and fire extinguisher.
c. A certification that adequate egress is in place per the requirements of the
International Residential or Building Code, as applicable, from the dwelling
unit and all sleeping quarters.
d. A certification that the dwelling unit is not deed-restricted affordable
housing, income-restricted housing, age-restricted housing, and/or rent-
stabilized or rent-controlled housing.
e. A certification that the property meets the parking requirements for the
underlying zone district as defined in Sec. 26-501 or Sec. 26-1109,
whichever applies, and Sec. 26-645.D.6.
f. A certification that if approved, the licensee acknowledges the obligation to
comply with the operational requirements of Section 11-503.
g. Proof of ownership of the property. Only the legal owner of the property may
apply for the short-term rental business license. A renter/tenant of a
property may not apply for a license nor operate a short-term rental.
h. A current certificate of property and liability insurance from a company
licensed to provide such insurance in the State of Colorado.
i. A description of the space on the property intended to be used as a short-
term rental, including number of bedrooms, baths, kitchens, living areas,
and whether the property will be owner-occupied or non-owner occupied.
j. The applicable license fee if the license is approved.
Sec. 11-503. - Operational requirements.
1. Notice to adjacent property owners. Within seven (7) days of issuance of a short-
term rental business license, the short-term rental host, as defined in Sec. 26-123,
shall notify adjacent property owners within one hundred (100) feet of the subject
property with through a written notice by regular mail or personally delivered. The
notice shall include the emergency contact information required by Section 11-
502.1.a.
2. Posting. A copy of the issued short-term rental business license and the
emergency contact information shall be conspicuously posted on the subject
property within the area rented for use as a short-term rental.
2. Non-Assignable. A short-term rental business license may not be transferred or
assigned to any other party or any other property. A short-term rental business
license does not transfer to a new property owner if a property with an approved
short-term rental is sold.
3. Age Restriction. A short-term rental shall not be rented to a person under twenty-
one (21) years of age.
4. Any advertisement for a short-term rental shall be subject to the following
requirements:
a. The license number as provided by the City shall be posted within the
advertisement, including on any hosting platform. For the purposes of this
subsection, a hosting platform shall mean a person or entity that facilitates
reservations or payments between a short-term rental host and a person
seeking lodging accommodations, including a website with short-term rental
listings.
b. Advertisements may not promote the use of cannabis or other controlled
substances on the property.
Sec. 11-504. Accountability.
1. A short-term rental host may not simultaneously rent a short-term rental to more
than one group under separate contracts, bookings, or appointments.
2. The short-term rental shall be the legal responsibility of the legal owner(s) of the
subject property, and the short-term rental host shall agree to accept notice of
violation either in person, upon posting upon the property, or by mailed notice.
3. The City shall maintain the right to conduct an inspection of the property at any
time, upon proper notice, to determine compliance with this Article and Section
26-645.
Sec. 11-505. – Renewal; Suspension; Revocation.
1. A short-term rental business license may be suspended, conditionally
suspended, or revoked by the city treasurer pursuant to Section 11-32 for the
reasons described in Section 11-31. A short-term rental business license may be
cancelled at any time pursuant to Section 11-30, for the reasons listed in that
section. In addition, a short-term rental business license may be modified,
suspended, conditionally suspended, or revoked by the city treasurer if found in
violation of this article and/or Section 26-645.
2. Renewal. All short-term rental business licenses shall be available for renewal,
upon application for the same, on an annual basis. All renewal applications shall
include updated emergency contact information, if applicable, and current liability
insurance. At the time of renewal, the city treasurer shall consider any violations
of this article at the property over the previous year, and any violations of the
Wheat Ridge Code of Laws. A review of violations may also take place at any
time at the City’s discretion.
3. Suspension; revocation. If the licensee is found to have been in violation of this
article, Section 26-645 and/or any of the grounds listed in Section 11-31, the city
treasurer may act to suspend or revoke the short-term rental business license.
Sec. 11-506. – Failure to register.
1. Short-term rental hosts operating short-term rentals on the effective date of
this ordinance (May 1, 2021), shall apply for a short-term rental business
license on or before November 1, 2021. If a short-term rental host fails to
apply prior to that date, the host shall be required to wait one (1) year before
re-applying for a license and shall be prohibited from operating a short-term
rental until a license is able to be obtained after the waiting period.
2. Short-term rental hosts wishing to commence operations on and after May
2, 2021 shall obtain a short-term rental license prior to commencing
operations. If a short-term rental host fails to obtain a license prior to
commencing operations, the host shall be required to wait one (1) year
before re-applying for a license and shall be prohibited from operating a
short-term rental until a license is able to be obtained after the waiting
period.
3. Short-term rental hosts shall collect and remit lodgers’ tax to the City
commencing on the earlier of either the issuance of a short-term rental
business license or November 1, 2021.
Section 2. Section 22-21 of the Wheat Ridge Code of Laws, defining certain
terms applicable to taxation, is hereby amended, as follows:
Lodging services: The furnishing of rooms or accommodations by any person,
partnership, association, corporation, estate, representative capacity or any
other combination of individuals by whatever name known to a person who for a
consideration uses, possesses or has the right to use or possess any room in a
hotel, inn, bed and breakfast residence, apartment, hotel, lodging house, motor
hotel, guesthouse, short-term rental, guest ranch, trailer coach, mobile home,
auto camp, or trailer court and park or similar establishment for a period of less
than thirty (30) days under any concession, permit, right of access, license to
use, or other agreement or otherwise. "Lodging services" does not include the
furnishing of rooms or facilities for purposes other than personal
accommodations such as banquets and receptions.
Section 3. Section 26-100.a of the Wheat Ridge Code of Laws, pertaining to
Lodgers’ Tax, is hereby amended, as follows:
Tax imposed; conditions. There is hereby imposed an excise tax on the price
paid or charged for the lease, rental or on the transaction of furnishing rooms or
accommodations to any person who for a consideration uses, possesses or has
the right to use or possess any room or rooms or other accommodations in any
lodging services, as defined in Section 22-21 of the Wheat Ridge Code of
Laws, hotel, apartment hotel, guesthouse, guest ranch, mobile home, auto
camp, trailer, court or park, or any other place furnishing rooms or other
accommodations under any concession, permit, right of access, license to use
or other special agreement. Such tax on accommodations shall be subject to
the following conditions: […]
Section 4. Section 26-123 of the Wheat Ridge Code of Laws, defining certain
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended, as
follows:
Hotel/motel. A building containing sixteen (16) or more transient guest
rooms for transient occupancy in which lodging for compensation is
provided, with or without meals, for a period of less than thirty (30)
consecutive days.
…
Rooming/boarding. An accessory use to a dwelling, where in addition to
a family, as defined herein, not more than two (2) persons not related to
the family are provided lodging and meals for compensation, with or
without meals, either paid directly or indirectly, and on a contract basis
for not less than seven (7) thirty (30) days.
…
Short-term rental. A dwelling unit or portion thereof used for
lodging accommodations for transient occupancy, for
compensation, for a period of less than thirty (30) consecutive
days.
Short-term rental host. Any person, as defined in this section, as
owner of a property, who offers or provides lodging in a short-
term rental.
Section 5. The “Table of Uses – Residential” set forth in Section 26-204 of the
Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby
amended as follows:
Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A
Short-term rental See § 26-645
P P P P P P P P
…
Accessory Uses for Residential Zone Districts Notes
Short-term rental See § 26-645
Section 6. The “Table of Uses – Agricultural and Public Facilities” set forth in
Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and
public facility zone districts, is hereby amended as follows:
Uses Notes A-1 A-2 PF
Short-term rental See § 26-645 P P
…
Agricultural and Public Facilities Districts
Accessory Uses Notes
Short-term rental See § 26-645.
Section 7. The “Table of Uses - Commercial and Industrial Districts” set forth in
Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and
industrial zone districts, is hereby amended as follows:
Uses Notes NC RC C-1 C-2 I-E
Short-term rental See § 26-645 P P P P
…
Commercial and Industrial District Accessory
Uses Notes
Short-term rental See § 26-645.
Section 8. Section 26-608.B.4 of the Wheat Ridge Code of Laws, concerning
supplementary regulations pertaining to Bed and Breakfast Rooms, is hereby amended
by amending the section set forth therein as follows:
Additional rooming and boarding is excluded as an accessory use where a bed
and breakfast use has been approved is permitted.
Section 9. Section 26-645 (Short-term rentals) is hereby added to Article VI,
Supplementary Regulations:
Sec. 26-645. – Short-term rentals
Short-term rentals, as defined in Section 26-123, are subject to the following
requirements:
A. Licensing and Permitting Required. It shall be unlawful for any person, as defined
in Section 26-123, to offer or provide lodging in the form of a short-term rental
within the City without having first obtained a short-term rental business license
pursuant to Chapter 11, Article XIV of the code. Only owners of the affected real
property may obtain short-term rental licenses.
B. Permitted locations:
1. Short-term rentals are permitted as primary or accessory uses in all
residential, agricultural, commercial, and mixed-use zone districts, including
planned development districts.
2. Short-term rentals are prohibited in industrial zone districts including planned
industrial developments.
C. Maximum number per short-term rental host: A short-term rental host, as defined
in Section 26-123 (“short-term rental host”), may operate a short-term rental in up
to one (1) dwelling unit not occupied by the host, and in up to one (1) dwelling
unit occupied by the host where a portion of the dwelling unit, such as a room or
rooms, functions as a short-term rental, so long as the host continuously resides
in the dwelling unit through the duration of the rental. This maximum shall apply
to all types of dwelling units in all zone districts, except for the following:
1. Apartments and mixed use developments: A short-term rental host, as the
owner of an apartment or mixed-use development in the Mixed Use –
Neighborhood (MU-N), Mixed Use – Commercial (MU-C) series, and
Commercial-One (C-1) zone districts, may operate a maximum of four (4)
dwelling units as short-term rentals within that development. For apartment
and mixed-use developments with greater than forty (40) dwelling units in
these zone districts, additional short-term rentals are permitted at a rate of
five (5) percent of the total number of dwelling units, in addition to the four
already permitted by this section. For the purposes of this subsection, an
apartment or mixed-use development shall mean one or multiple contiguous
properties under one ownership with one or more multifamily or mixed-use
buildings.
2. Condominium developments: For condominium developments (those which
have a recorded condominium plat allowing for individually-owned dwelling
units) in any zone district, each individual dwelling unit owner is eligible, as a
short-term rental host, to operate a short-term rental as provided by
subsection C of this section, provided that the maximum number of such
rentals allowed by subsection C.1 is not exceeded in the development.
D. Requirements:
1. A short-term rental owner must obtain a short-term rental license pursuant to
Chapter 11, Article XIV.
2. A short-term rental must be located within a legal dwelling unit as defined in
Section 26-123.
3. The building or portion of building used as a short-term rental shall
continuously meet the standards of all applicable International Residential
and Building codes adopted or amended by the City of Wheat Ridge as set
forth in Chapter 5 of the Code of Laws.
4. Short-term rentals are prohibited in temporary structures and buildings or
structures without a residential certificate of occupancy, including but not
limited to: recreational vehicles, sheds, tents, and campers.
5. Short-term rentals are prohibited in deed-restricted affordable housing,
income-restricted housing, age-restricted housing, and rent-stabilized or rent-
controlled housing. A short-term rental host shall be required to attest to
compliance with this provision as part of the registration process.
6. If the property does not meet the minimum parking requirements in Section
26-501 for the zone district in which it is located, one (1) additional parking
space per short-term rental is required to be installed prior to approval of a
short-term rental license. A short-term rental host shall be required to attest to
compliance with the parking requirements as part of the registration process.
E. Maximum number of short-term rentals per City Council district:
1. There shall be a limit on total number of non-owner-occupied short-term
rentals that are licensed in each city council district. The limit per council
district shall be established by the community development director on an
annual basis and shall be calculated as two (2) percent of the total number of
units within single- and two-family dwellings in each district (single-family
attached townhomes units shall be included in the total number of units). This
restriction shall not apply to owner-occupied short-term rentals and shall not
apply to short-term rentals in non-residential and non-agricultural zone
districts, including Mixed Use districts and Commercial zone districts.
2. If the maximum number for any district is reached, any subsequent
application shall be placed on a waiting list until such time that the total
number of short-term rentals in that district falls under the maximum number
allowed.
Section 10. The “Permitted Uses” Chart set forth in Section 26-1111 of the
Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is
hereby amended by inserting new rows concerning short-term rentals as follows:
Permitted Uses
Use Group MU-C MU-C Int MU-C
TOD
MU-N
Residential
Short-term rental (see § 26-645) P P P P
Ancillary Uses
Short-term rental (see § 26-645) P P P P
Section 11. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 12. Effective Dates; Compliance Required. This Ordinance shall
take effect on May 1, 2021, as provided by Section 5.11 of the Charter, with the
exception of Section 26-645.E which shall take effect on November 1, 2021.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this 8th day of February, 2021, 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 February 22, 2021 at 7:00 p.m., as a virtual meeting.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 22nd day of February, 2021.
SIGNED by the Mayor on this _____ day of ____________, 2021.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: February 11, 2021
Second Publication: February 25, 2021 Jeffco Transcript Effective Date: May 1, 2021
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 5
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2021 – AN ORDINANCE AMENDING
ORDINANCE 1697, SERIES 2020, CONCERNING
REGULATION OF NOISE
PUBLIC HEARING ORDINANCES FOR 1ST READING (2/8/2021)
BIDS/MOTIONS ORDINANCES FOR 2ND READING (2/22/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ City Attorney City Manager
ISSUE: The current Code of Laws Section 16-103.C noise ordinance will apply to industrial operations as of February 28, 2021.The Rocky Mountain Bottle Company, which would be regulated by the ordinance, has developed a sound mitigation wall for its operation, which will not be completed
before mid-2021. This Ordinance extends the effective date for the industrial noise standards
until October 1, 2021.
PRIOR ACTION: In August 2020, Council adopted Ordinance 1697, which substantially revised the City’s noise regulations with the following main elements:
1. A hybrid approach for a noise ordinance (i.e. set decibel level limits for industrial zoned
districts as a reasonableness standard for all other zone districts)
2. Unreasonable noise is prohibited especially between the hours of 10 p.m. and 7 a.m.
3. A permit process for public events (live outside amplified music on patios, etc.) and special events (Carnation Festival, etc.) outside of the hours 10 p.m. to 7 a.m.
4. Any unreasonable noise 50' or more from noise source is prohibited.
Council Action Form – Noise Ordinance
February 8, 2021 Page 2
5. Exemptions provided for construction, fireworks, loading operations, homeowner
activities, road improvements and fire and police .
FINANCIAL IMPACT: The overall financial impact of this Ordinance is negligible.
BACKGROUND:
While the majority of Ordinance 1697 went into effect in August 2020, the (new) Code Section 16-
103.C was set by that Ordinance to be effective on February 28, 2021. This was intended to give Rocky Mountain Bottle Company time to implement noise reduction actions at its plant. Since that time, the company has engaged noise reduction experts and has developed a more comprehensive plan, relying on a significant noise wall. This construction requires additional review under the City
Code, and after approval, will need to be constructed, with projected completion no earlier than mid-
2021.
RECOMMENDATIONS: Staff recommends approval of the Ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 03-2021, an ordinance amending Ordinance 1697, Series
2020, concerning regulation of noise, on first reading, order it published, public hearing set for 7:00 p.m. February 22, 2021 as a virtual hearing, and if approved, it take effect upon adoption, as permitted by Section 5.11 of the Charter.
Or,
“I move to postpone indefinitely Council Bill No. 03-2021, an ordinance amending Ordinance 1697, Series 2020 concerning regulation of noise, for the following reason(s)______________ __________________________________.”
REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Gerald Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 03-2021
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 03
ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE AMENDING ORDINANCE 1697 SERIES 2020 CONCERNING REGULATION OF NOISE
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously enacted Section 16-103 of the Code of Laws, concerning regulation of noise, and has amended that Section via Ordinance 1697, Series 2020; and
WHEREAS, subsection 16-103.C, as amended by Ordinance 1697, imposes certain noise limitations upon industrial operations, which limitations, pursuant to the
Ordinance, are to take effect on February 28, 2021; and
WHEREAS, in recognition of the efforts of Rocky Mountain Bottle Company after hearing the concerns of residents and the business community, the Council wishes to amend Ordinance 1697 to extend the date upon which subsection 16-103.C takes effect.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 3 of ordinance 1697, Series 2020 is amended to read in its entirety as follows:
Subsection 16-103.C concerning Unlawful Noise: Industrial properties, shall take
effect on October 1, 2021 as permitted by Section 5.11 of the Charter. All other portions
of Section 16-103, as amended by Ordinance 1697, Series 2020, shall remain in effect as of the effective date of said Ordinance.
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 8th day of February 2021, 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 February 22, 2021 at 7:00 p.m., as a virtual hearing, and if approved, it take effect upon adoption, as permitted by Section 5.11 of the Charter.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021.
SIGNED by the Mayor on this _____ day of ____________, 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk Approved as to Form
Gerald E. Dahl, City Attorney First Publication: February 11, 2021
Second Publication: February 25, 2021 Jeffco Transcript Effective Date: February 22, 2021 Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 6
DATE: February 8, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENT OF
REPRESENTATIVES TO THE RACE AND EQUITY TASK FORCE PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
____________________________________ City Manager ISSUE:
City Council directed staff to initiate an application process for the creation of a Race and Equity
Task Force. Twenty-three applications were received between November 2, 2020 and January 16, 2021. The Mayor and Councilmembers from each Council District have selected their recommended Task Force representatives through a blind review process. Action is now required to appoint these members to the Task Force.
PRIOR ACTION: City Council took public comment and discussed the creation of a Race and Equity Task Force at both the September 21, 2020 and October 26, 2020 study sessions.
FINANCIAL IMPACT:
None BACKGROUND: The Race and Equity Task Force is directed to carry out a thorough review of City policies,
services, and ordinances to identify policies and practices that may contribute to discrimination.
The Task Force will provide updates to City Council and will report recommendations, including ways in which success will be measured toward becoming a more inclusive and responsive community. Members will be expected to serve for at least one year.
Council Action Form – Race and Equity Task Force Appointment February 8, 2021
Page 2
The applications were open from Monday, November 2, 2020 through Friday, January 15, 2021. A total of 23 applications were received, with the following makeup by district:
For the selection process, City Council received the applicant responses with all applicant names
and addresses removed. The information included was limited to the applicants’ District and
short answer responses. Each applicant was assigned an identifying number which was used to make the selections. Staff received the numerical selections from Council and included the corresponding names in this staff report to make the appointments.
The following parameters were determined by City Council for the selection of the Task Force
members:
• 12-20 total members
• Each District will select at minimum 2 members (at least one must be in-district) and up
to 4 members if there are enough qualified applicants
• Mayor will select 4 at-large appointments
• Wheat Ridge residents must make up a majority of the Task Force and non-residents
must have a strong nexus to the community
Below are the appointment recommendations as determined by each District and the Mayor: District I: District II:
1. Shannon Kishel (I) 1. Alexander Goldsmith (II)
2. Elise St Peter (I) 2. Deborah Boyd (II) 3. Jenny Snell (I) 3. Andres C. Martinez (II) 4. Juliana Evans (I) 4. Renee Kleck (II)
District III: District IV:
1. Diana Lopez (III) 1. Tabbitha E. Cardinal (IV) 2. Becky Wells Kabore (III) 2. Alvina Vasquez (I) 3. Saha Amarsingham (I) 3. Terry Gale (II) 4. Milly Nadler (II) 4. Allison Brown (II)
Mayor (At-large): 1. Jeff Richards (I) 2. Jeremy Make (II) 3. Kellie Eastin (Non-resident)
4. Anisa Valdez (Non-resident)
The Race and Equity Task Force will meet on the second and fourth Thursday of each month beginning March 11, 2021. The Task Force will provide quarterly status updates to City Council as well as a final report at the end of one year.
• District I: 7
• District II: 9
• District III: 2
• District IV: 2
• Non-resident: 3
Council Action Form – Race and Equity Task Force Appointment February 8, 2021
Page 3
RECOMMENDED MOTIONS: “I move to appoint ______________________ to the Race and Equity Task Force.”
REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager