HomeMy WebLinkAboutCity Council Meeting Agenda 08-23-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO August 23, 2021
7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City 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
August 23, 2021) 2. Virtually attend and participate in the meeting through a device or phone:
• Click here to join and provide public comment
• Or call +1-669-900-6833 with Access Code: 857 2530 9282 and Passcode: 642266
3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube
Live at https://www.ci.wheatridge.co.us/view
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or
wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in
participating in a meeting and need inclusion assistance. CALL TO ORDER
PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES
City Council Meeting Minutes of August 9, 2021 Special Study Session Notes of August 9, 2021 Study Session Notes of August 2, 2021 and August 16, 2021
APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES
National Suicide Prevention Awareness Week – September 5-11
Colorado Cities & Towns Week – September 12-18
Constitution Week – September 17–23 PUBLIC’S RIGHT TO SPEAK a. Second Opportunity for Members of the Public input on the 2022 Budget
CITY COUNCIL AGENDA: August 23, 2021 Page -2-
b. Members of the Public may speak on any matter not on the Agenda for a maximum
of 3 minutes under Public’s Right to Speak. Please speak up to be heard when directed by the Mayor. c. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution or Motion may speak when directed by the Mayor at the conclusion of
the staff report for that specific agenda item. d. Member of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat
Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA
a. Motion to award a contract and to approve payment to Mid-America Pool
Renovation, Inc. for the leisure pool resurfacing in the amount of $125,000 b. Resolution No. 41-2021, a resolution amending the Fiscal Year 2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $33,534 for the 2020 workers’ compensation insurance premium
adjustment c. Resolution No. 42-2021, a resolution in support of an application to the Jefferson County Open Space Trails Partnership Program for Clear Creek Trail concrete, signage, and safety improvements
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING
2. Council Bill No. 14-2021, an ordinance approving an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority and in connection therewith approving
the conveyances of real property to and from the City
DECISIONS, RESOLUTIONS, AND MOTIONS
3. Motion to award a contract to Concrete Works of Colorado for phase I of the Improve
Wadsworth Project in the amount of $34,971,468.01 with an additional contingency of $1,500,000 for a total of $36,471,468.01 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS
PROCLAMATION National Suicide Prevention Week September 5-11, 2021
WHEREAS, National Suicide Prevention Week, in conjunction with National Suicide Prevention Month is an annual week-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention
and warning signs of suicide; and
WHEREAS, by drawing attention to the problem of suicide in the United States, the campaign also strives to reduce the stigma surrounding the topic, as well as encourage the pursuit of mental health assistance and support people who have
attempted suicide; and
WHEREAS, as part of the campaign, health organizations are encouraged to conduct depression screenings-including self-administrated and online tests-and refer interested individuals to a national toll-free crisis telephone number 1-800-273-TALK
(8255); and
WHEREAS, since 1975, National Suicide Prevention Week awareness events are held throughout the week corresponding to World Suicide Prevention Day, which is recognized annually on the 10th of September; and
WHEREAS, I encourage all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors over the next few days and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping
someone realize that suicide is not the answer.
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim that September 5-11, 2021, be declared ‘SUICIDE PREVENTION WEEK’ and that the day of September 10th be declared ‘WORLD
SUICIDE PREVENTION DAY.’
IN WITNESS WHEREOF, on this 23rd day of August 2021.
__________________________ Bud Starker, Mayor __________________________
Steve Kirkpatrick, City Clerk
PROCLAMATION COLORADO CITIES & TOWNS WEEK September 12-18, 2021
WHEREAS, municipal government is the level of government closest to most citizens and the one with the most direct, daily impact upon residents; and WHEREAS, the City of Wheat Ridge provides world-class, efficient services in the areas of safety, transportation, culture and recreation opportunities, environmental health, neighborhood livability and social health, economic health, and a high performing government organization; and WHEREAS, City of Wheat Ridge employees are committed to providing exceptional service for the entire community; and WHEREAS, a culture of innovation is crucial to continually improve the services that cities provide; and
WHEREAS, the Colorado Municipal League’s member cities and towns have joined together to recognize the important role played by the municipal government in our daily lives; and WHEREAS Colorado Cities & Towns Week offers an opportunity to convey to all Colorado residents that they have the power to substantially impact their government through their own civic involvement. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of
Wheat Ridge, do hereby proclaim the week of September 12 - 18, 2021 as
COLORADO CITIES & TOWNS WEEK in the City of Wheat Ridge, and I call upon and encourage our residents to learn about
the services the City provides and engage with their municipal government
__________________________ Bud Starker, Mayor
__________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION CONSTITUTION WEEK September 17-23, 2021
WHEREAS, The Constitution of the United States of America, the guardian of our liberties, embodies the principles of limited government in a Republic dedicated to the rule by law; and
WHEREAS, On September 17, 2021, and the week following, we celebrate the 234th Anniversary of the 1787 Constitutional Convention; and at this convention, the world's oldest written Constitution was drafted by the United States, thus outlining the fundamental principles by which our nation is governed; and
WHEREAS, Our Constitution established six basic governing principles for society. These include popular sovereignty, the rule of law, federalism, judicial review, individual rights, and separation of powers through a system of checks and balances; and
WHEREAS, The Constitution ensures the distribution of functions and responsibilities among three separate branches and a system of checks and balances to calibrate those powers, ultimately ensuring the protection of individual rights and liberties; and
WHEREAS, The State of Colorado was the thirty-eighth state in the Union to ratify the Constitution; and entered into statehood on August 1, 1876; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year
by the President of the United States of America designating September 17 through 23 as Constitution Week; and. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of September 17 - 23, 2021 as
CONSTITUTION WEEK
Constitution Week provides an opportunity for all citizens to learn of Colorado's historic role during our nation's founding.
__________________________ Bud Starker, Mayor __________________________
Steve Kirkpatrick, City Clerk
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting
August 2, 2021
Mayor Bud Starker called the Study Session to order at 6:31 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. All eight members of
Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Korey Stites, Leah Dozeman, Valerie Nosler Beck, and Rachel Hultin.
Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; City Attorney,
Gerald Dahl; Assistant to the City Manager, Marianne Schilling; Race and Equity Task
Force Co-Chairs, Terry Gale, Jenny Snell, and Jeff Richards; Homeless Navigator,
Rebekah Raudabaugh, interested citizens and guests.
Citizen’s Right to Speak
No one came forward to speak.
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.
There were no comments entered into Wheat Ridge Speaks relating to this session.
1. Race and Equity Task Force Quarterly Update
Discussion began at 6:32 pm, approximately 0:02 minutes into the recording of the
session
Issue
The Race and Equity Task Force co-chairs presented to City Council an update on the
progress that has been made to date and the plan moving forward.
Staff Reports
Assistant to the City Manager Marianne Schilling, along with Task Force co-chairs Terry
Gale, Jenny Snell, and Jeff Richards delivered to Council a detailed presentation about
this item, its purpose and the background of the reasons for bringing it to Council.
Councilmembers had questions and comments:
• Several Councilmembers thanked the task force members and the staff for their
hard work.
• Councilmembers asked detailed questions about a timeline, next milestones and
how Council and staff can support the Task Force.
• Councilmembers lauded the Task Force for taking the considered, deliberate
approach to their expected outputs, especially the time and effort to understand
the daily workings of the City staff and the history of the City’s founding, growth
and progress to today.
2. Homeless Navigation Update
Discussion began at 6:49 pm, approximately 0:18 minutes into the recording of the
session.
Issue
The purpose of this study session item is for the City’s Homeless Navigator to provide a
general update to City Council regarding the Navigation Program.
Staff Reports
Homeless Navigator Rebekah Raudabaugh gave Council, among other items, a
detailed update on the programs that have been her most intense focus. These include:
• I-70 Kipling Corridor
• Severe Weather Shelter Network
• Client Updates
She also gave an update on the population experiencing homelessness:
• Demographic Report
Councilmembers had questions and comments:
• Can we do a pre-registration event for those likely to need shelter during the
colder, wetter months? Do those experiencing homelessness have to have
access to an online environment to register? Ms. Raudabaugh gave a detailed
answer.
• Council also asked how we can get more housing vouchers, especially for the
periods of extremely bad weather? Ms. Raudabaugh provided a detailed
description of past and current efforts to accommodate those needing shelter.
• How have our community centers and houses of worship been engaged to help
this population? Another detailed answer from Ms. Raudabaugh and Mr. Goff
followed. The City is working with several religious groups and houses of
worship regarding their role in sheltering those who need it most during severe
weather, especially Arctic cold.
• How many people do we believe are experiencing homelessness in Jefferson
County? The most recent comprehensive assessment of that number was
gathered in August 2019; additional progress on gathering data to update those
statistics has been blocked by the pandemic.
• Where can people experiencing homelessness access toilet and shower
facilities? Another detailed answer followed.
• Does the City own any properties where we have an opportunity to help this
population? Mr. Goff provided his view on how we can do that and what would
be involved in terms of planning, management, staffing and volunteers. For
example, he discussed an effort to provide a safe, legal place for those living in
their vehicles to park overnight.
• Does the homelessness initiative in the City need more resources? Is Ms.
Raudabaugh reaching the practical limit of the number of clients she can serve?
Ms. Raudabaugh commented that yes, she is nearing her capacity in terms of
time to serve more clients. Mr. Goff reported on discussions with Golden and
Edgewater, that share our Homeless Navigator, about budgeting for more
resources for this effort in 2022.
• Does Ms. Raudabaugh feel that her work is successful, and does she feel safe
when working with her clients? She reported on her methods for working with
clients while supported by others immediately present or in very public places
that allow her to do her work safely.
Several Councilmembers thanked staff, especially Ms. Raudabaugh, for their hard work
and good progress.
3. Staff Report(s)
Discussion began at 7:42 pm, approximately 1:14 hours into the recording of the
session
Mr. Goff reported on the ongoing monitoring at the state and county levels of the CoVid
pandemic spreading because of the new variants. There are many people monitoring
the situation and planning for the worst. He asked if Council will feel comfortable
meeting next Monday on the dais? Several Councilmembers made comments in
response to his question, and Council agreed to wear masks during Council sessions
for the foreseeable future. Further discussions will follow as events necessitate.
4. Elected Officials’ Report(s)
Discussion of this item began at approximately 7:46 PM.
Councilmember Dozeman invited the public to National Night Out tomorrow evening at
the park adjacent to City Hall. The WR Police Department and West Metro SWAT will
welcome families and interested others in our ongoing efforts to build relationships
between the PD and our residents. .
Councilmember Weaver echoed the enthusiasm for tomorrow’s event. The Carnation
Festival will include a pie judging contest this year.
Councilmember Hultin attend a discussion at a coffee shop last week with community
members and police officers and was glad to report that the discussion was both cordial
and productive.
City Clerk Kirkpatrick reminded those interested in running for office in the City that they
may obtain the form required to collect petition signatures for nominations beginning
tomorrow, August 3 at 9 AM. The deadline for submitting nominating petitions is August
23, 2021 at 5:00:00 PM.
Mayor Starker reminded us to take care of one another and drive carefully as our
children are enjoying their summer vacation.
ADJOURNMENT
The Study Session adjourned at 7:54 pm.
APPROVED BY CITY COUNCIL ON August 9, 2021.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 9, 2021
Note: This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal Building, and
some members of the public attended in person as well. All eight members of the Council
were present in Council Chambers for this session. Before calling the meeting to order,
Mayor Starker stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:01 pm.
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; Police Chief Chris Murtha; Mark Colvin, Finance Manager; other staff, guests,
and interested citizens.
PROCLAMATIONS AND CEREMONIES
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of July 26, 2021, were
approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PUBLIC’S RIGHT TO SPEAK
Julie DiTullio, Jefferson Center, came to discuss the Wheat Ridge Carnation Festival.
She announced a 1-mile race on Saturday, August 13, before the Festival parade.
There is a registration fee, and interested members of the public can register online:
Carnationmile.com. The fee increases after the early registration deadline this
Thursday.
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 address 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 session of Council.
CONSENT AGENDA
No items tonight.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7:09 pm
1. Council Bill No. 13-2021 - An Ordinance amending Chapter 22 of the Wheat
Ridge Code of Laws, concerning taxation, and in connection therewith,
approving an agreement with the Colorado Department of Revenue for use of
the Department’s Sales and Use Tax Software System.
Councilmember Urban introduced Council Bill 13-2021
Issue
The Colorado Department of Revenue (DOR) recently developed and launched a
software application, “SUTS” (Sales and Use Tax Software), to facilitate the collection of
state and local taxes and to capture the previously unreported or under-reported state
and local taxes. In order to join the majority of Colorado home rule municipalities and
adopt SUTS as a platform, some amendments to chapter 22 of the City’s Code are
required along with the approval of a user agreement with the State of Colorado.
Mayor Starker opened the public hearing at 7:09 pm.
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. 1719
Staff Presentation
Ms. Scheck and Finance Manager Mark Colvin reprised the strategic planning retreat on
February 20, 2021, City Council identified customer service, education and process
improvement of the City’s licensing and permitting processes as a priority for the next
two years.
Mr. Colvin listed the financial impact where the costs joining SUTS include a $1-per-day
charge from DOR when a transaction is processed and a possible software integration
built by ADG, the City’s financial systems provider, estimated at less than $1,000. The
workload associated with the implementation will be absorbed by existing staff.
Staff expects the adoption of SUTS to result in incremental revenue at a minimal cost.
While it is expected that the City will benefit from additional tax revenues, it is difficult to
estimate the value of incremental tax revenue derived from new businesses opting to
use the SUTS system.
Public Comment
No one came forward to speak.
Council Questions and comments
Councilmembers asked whether the $1 per day is a set fee or a placeholder until a
higher fee is set. Mr. Colvin gave a detailed answer.
Councilmember Hultin asked how many of our businesses will use SUTS. Mr. Colvin
replied that predicting that figure is difficult. However, based on nearby municipalities
we expect at least 80% participation.
Mayor Starker closed the public hearing.
Motion by Councilmember Urban to approve Council Bill 13-2021 – An Ordinance
amending Chapter 22 of the Wheat Ridge Code of Laws, concerning taxation, and in
connection therewith, approving an agreement with the Colorado Department of
Revenue for use of the Department’s Sales and Use Tax Software System, seconded
by Councilmember Stites, motion carried 8-0.
ORDINANCES ON FIRST READING
None this evening.
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:22 pm
2. Motion to accept the 2020 Financial Statements from CliftonLarsonAllen.
Councilmember Hoppe introduced the Motion
Issue
Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an
independent audit be performed annually of all City accounts. In 2020, the City
received more than $750,000 in federal funds for Wadsworth Boulevard which also
triggered a “single audit” of all federal funds. The CPA firm CliftonLarsonAllen (CLA)
performed both the City and federal audits of the City’s financial statements for the year
ended December 31, 2020. Once again, this year, the City received an unqualified
opinion indicating that the City’s financial statements are fairly and appropriately
presented. A representative from CLA will be at the August 9, 2021 City Council
meeting to present the 2020 Financial Statements to Council for acceptance.
Staff Presentation
Ms. Scheck, Mr. Colvin and John Paul Le Chevalier of CliftonLarsonAllen, the City’s
independent audit firm, provided a presentation to Council about the audit, highlighting
the fact that CLA has issued a clean audit report. His presentation included details on
the audit, how it was conducted, and the methods used to audit the City’s financial
transactions for calendar and fiscal year 2020.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers asked whether there are any compliance requirements that the City
did not meet. Mr. Le Chevalier responded no and gave a detailed response as to where
in the auditors’ report one can find that detail.
Motion by Councilmember to accept the 2020 Financial Statements from
CliftonLarsonAllen, seconded by Councilmember Dozeman, motion carried 8-0.
3. Resolution No. 39-2021 - A Resolution accepting title to real property within
the City of Wheat Ridge
Councilmember introduced Resolution 39-2021.
Issue
The City has received a Commissioners Deed from Jefferson County conveying
property within the City boundaries adjacent to Simms Street. The City Attorney and
staff recommend approval of this Resolution accepting title.
Staff Presentation
Gerald Dahl stated that in 1955, Jefferson County accepted two deeds for property
which is now located within the City limits of Wheat Ridge. One was a one-foot strip of
land as described in the deed recorded at Book 899, Page 598 of the Jefferson County
Real Property Records, and the second is an adjacent 24-foot strip of land as described
in the deed recorded at Book 899, Page 599 of the Jefferson County Real Property
Records (the “1955 Deeds”).
The 1955 Deeds do not specifically state the property was transferred for right of way
purposes, as a result, upon the incorporation of the City of Wheat Ridge in 1969, the
property described in the 1955 Deeds remained under the ownership of the County.
Both the City and the County believe the property was intended to be utilized for right of
way purposes, as evidenced by their designation of the property in the 1955 Deeds and
2003 Fightmaster Subdivision as Simms Street.
The City received from Jefferson County a Commissioners Deed dated June 23, 2021,
conveying the strip of land to the City for right of way purposes.
Public Comment
No one came forward to speak.
Council Questions
Councilmember Nosler Beck asked if any adjacent landowners have lodged any
objections about this action. Mr. Dahl gave a detailed answer.
Motion by Councilmember Dozeman to approve Resolution No. 39-2021, a resolution
accepting title to real property within the City of Wheat Ridge, seconded by
Councilmember Stites, motion carried 8-0.
4. Resolution No. 40-2021 - A Resolution authorizing an Intergovernmental
Agreement with the County of Jefferson regarding the administration of the
respective duties concerning the conduct of the coordinated election to be
held on November 2, 2021
Councilmember Stites introduced the Resolution.
Issue
The City of Wheat Ridge will participate in a coordinated election on November 2, 2021.
The attached Resolution and Intergovernmental Agreement must be executed and
forwarded to Jefferson County by Tuesday, August 24. The documents refer to the
respective duties of the County and the City of Wheat Ridge regarding the
administration of their respective duties concerning the conduct of the Coordinated
Election.
The duties of the County Clerk include, but are not limited to ballot preparation, voter
lists, staff selection and training, providing election supplies, counting of the ballots, and
certification of results. The duties of the City of Wheat Ridge include but are not limited
to Call and Notice and ballot preparation.
The City Clerk shall act as the City of Wheat Ridge’s “Election Officer” and the
designated election official. He shall act as the primary liaison between the City of
Wheat Ridge and the Contact Officer for the County Clerk and Recorder.
Staff Presentation
The City of Wheat Ridge shall pay its pro-rated costs (defined below) for all services,
equipment, forms and supplies provided by the County Clerk pursuant to this
Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County
employee overtime and temporary employee regular, and overtime solely related to the
preparation and conduct of the Election at each employee’s rate or One Thousand
Dollars ($1,000), whichever is greater. The Jurisdiction’s pro-rated costs shall be
determined in accordance with the formula set forth in the IGA (Exhibit A) attached
hereto and incorporated herein by this reference.
City Clerk Kirkpatrick reassured Council that this is a pro forma process that the City
completes every two years. Nothing new is happening here; nothing has changed.
Public Comment
No one came forward to speak.
Council Questions
Councilmembers had no comments or questions, having thoroughly reviewed and
discussed the proposed action in two previous Study Sessions.
Motion by Councilmember Stites to approve Resolution No. 40-2021, a resolution
authorizing an Intergovernmental Agreement with the County of Jefferson regarding the
administration of the respective duties concerning the conduct of the coordinated
election to be held on November 2, 2021, seconded by Councilmember Hoppe, motion
carried 8-0.
CITY MANAGER’S MATTERS
The Lutheran Legacy Campus Master Plan is about halfway through the public review
and comment period. There is a survey available on What’s Up Wheat Ridge so that
residents may still enter their comments.
The WR Police Department conducted a catalytic converter registration event this past
Sunday, August 8 to thwart the theft of the converters. Our police officers and many
community volunteers did excellent work on the project. Over the two-day period more
than 500 vehicles got registered.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick reported that as of this evening five Wheat Ridge voters have
asked for and received petition forms to file for one of the five offices we will elect this
November 2. Those five people include all of the incumbents eligible to run for re-
election (Mayor Starker and Councilmembers Hoppe, Weaver and Dozeman) as well as
Mr. Scott Ohm, a resident of district 2 to run for the open Council seat in D2.
The deadline for filing these nominating petitions if Monday, August 23, 2021. Petitions
must be submitted to the Office of the City Clerk on that date by 5:00:00 pm exactly.
Every Councilmember expressed their excitement for the upcoming Carnation Festival
and that they hope to see people at the events this Friday and Saturday.
Councilmember Dozeman commented on several events in connection with the
Carnation Festival on August 13-14, this coming weekend. We anticipate a great event,
especially in light of the necessity to cancel last year’s festival due to the pandemic.
The Festival begins at 4 pm on Friday with live music. There will be fireworks both
Friday and Saturday nights. There is a pancake breakfast at 7 am Saturday, followed
by the Carnation Mile run-walk and the Festival Parade.
Councilmember Hultin thanked the City Clerk for the Candidates’ Orientation session
held on July 29. She also attended the Lutheran Campus planning meeting and
believes that we have engaged the public in a transparent process, seeking their inputs.
She also recently heard disrespectful and rude comments directed toward staff during
the Lutheran Campus public meeting. She asked that residents and the public please,
direct their comments to the proper people and do so with respect and dignity.
Councilmember Weaver discussed her excitement for the coming Festival this
weekend. She reminded people that there are both a pie baking contest and a
barbecue competition. Judging for the barbecue is scheduled first, and the pie judging
about mid-afternoon.
Councilmember Stites asked that if we can find it in Wheat Ridge buy it in Wheat Ridge.
Councilmember Hoppe indicated that sponsorships for the Festival are still available.
The Mayor met with other municipal and County officials this morning and heard a
report indicating that the numbers related to the pandemic are moving in the wrong
direction. He asked that we all do everything we can to stop the spread: maintain
social distance, wear a mask and wash our hands regularly.
ADJOURNMENT TO SPECIAL STUDY SESSION
The meeting adjourned at 7:48 pm.
_____________________________
Steve Kirkpatrick, City Clerk
APPROVED BY CITY COUNCIL ON August 23, 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.
SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue
August 9, 2021
Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study
Session to order at 7:57 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some members of the
Council or City staff were physically present at the Municipal building, and some members of the
public attended in person as well.
After calling the meeting to order, Mayor Starker stated the rules and procedures necessitated
by this meeting format.
Mayor Starker welcomed the Council, other elected officials, staff and interested citizens.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Judy Hutchinson, Zach Urban, Janeece Hoppe, Korey Stites,
Valerie Nosler Beck, Amanda Weaver, Leah Dozeman, and Rachel Hultin.
Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; City Treasurer Chris
Miller; Director of Community Development, Ken Johnstone; Planning Manager, Lauren
Mikulak; City Attorney, Jerry Dahl; guests and interested citizens.
Public Comment on Agenda Items –
No one came forward to speak.
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).
There were no citizen comments entered into Wheat Ridge Speaks related to this session.
1. Outdoor Recreational Equipment on Private Property
Ken Johnstone, Community Development Director and Lauren Mikulak, Planning
Manager presented the proposed zoning code changes that were directed from city
council consensus. Those included:
• Define a new term for “recreational equipment.”
o Recreational Equipment. Play apparatus such as swing sets, pools, hot
tubs, playhouses, goals, nets, ramps, trampolines, and similar equipment
or structures designed for recreational uses and which may or may not
have a permanent location on the ground. This excludes at-grade courts,
such as for basketball or racquet sports.
• Amend Section 26-625 (accessory buildings and structures) to clarify
supplementary regulations related to recreational equipment, specifically:
o Codify existing policy related to pools and hot tubs whereby setback and
lot coverage applies.
o Codify exemptions for small or temporary recreational equipment.
Codify regulations for larger and permanent recreational equipment.
Councilmembers had questions and comments:
Councilmembers discussed the details of the proposed code amendments.
Councilmember Hultin asked how the proposed 400 ft2 is measured. Ms. Mikulak
explained the methodology that would be used.
Councilmember Weaver asked a similar question about how the allowable height of a
structure would be determined and whether there are industry standard heights for
various kinds of rec equipment. Again, Ms. Mikulak gave a detailed answer.
Councilmember Weaver asked a more detailed question about how structures now in
place would be addressed. Ms. Mikulak indicated that residents would have a grace
period during which they could cure any code issues with their current equipment. Ms.
Mikulak responded in detail, with additional opinion from Mr. Dahl.
Councilmember Hultin also asked about how the City will transition into this new
ordinance and its enforcement; how long should a transition period last? Ms. Mikulak
gave another detailed answer.
Councilmember Hoppe expressed support for the proposed code changes except for
making the new provision retroactive. Councilmember Weaver commented that we
need to address an existing 30-foot-tall structure that is over 600 ft2. She wants the City
to find a way to address that structure because of its overwhelming size.
Councilmember Dozeman suggested that we put a timeframe around retroactive
enforcement. Mr. Dahl suggested a means for handling this question of retroactivity.
Councilmember Hultin suggested a clearer definition of temporary vs. permanent rec
structures. Ms. Mikulak gave a specific response. Councilmember Hultin also asked
about above-ground swimming pools and whether those are temporary or permanent.
Councilmember Hultin also asked detailed questions, and got specific answers, about
in-ground pools.
Councilmember Weaver proposed a consensus to move forward with specific code
changes and make the grace period to come into compliance within 3-6 months of the
date when the ordinance takes effect, with a variance process.
Consensus achieved.
2. Tenant Notice in the Zoning Code
Kenneth Johnstone, Community Development Director and Lauren Mikulak, Planning
Manager described that a search of the code revealed the many different provisions
which distinguish between owners and tenants; these can be organized into three
different categories: development rights, objection rights, and a right to information.
These categories include but are not limited to:
• Development rights – This category encompasses the ability to apply for
entitlements, such as a zone change, subdivision, site plan or other land use
case. The zoning code requires that the property owner either be the applicant
or provide written approval for submittal of a land use application.
Objection rights – The Charter and zoning code establish a process for legal protest of a
zone change, and only property owners may file a protest. Likewise, only property
owners are eligible to file an objection to a zoning boundary interpretation, and only an
objection from adjacent property owners may trigger a public hearing for a special use
permit. Applicable sections from the Charter and zoning code include:
City Charter 5-10 – legal protest for rezoning
Section 26-112 – legal protest for rezoning
Section 26-114.E – objection to special use permit
Section 26-119.E – protest for zone district interpretation
• Right to information – The code has long required that owners and residents
within 600 feet be notified of neighborhood meetings for land use applications.
Public hearing notice has historically only gone to property owners, though the
radius was increased last year from 300 to 600 feet. For certain other processes
in the code, owners remain the only recipient of letter notice. Applicable sections
from the zoning code include:
Section 26-109.A – neighborhood meeting notice to residents and owners
Section 26-109.D – letter notice for public hearings to owners only
Section 26-119 – letter notice for interpretation of zoning district
boundaries to adjacent owners only
Section 26-114.C – letter notice for special use to adjacent owners only
Section 26-115.C – letter notice for variance to adjacent owners only
Section 26-1116 – letter notice for concept plan to adjacent owners only
They went on to describe a survey what other communities do and the best practices
and current practices of many included in the survey.
Councilmembers had questions and comments:
Councilmembers discussed the details of the proposed expanded notification
requirements and specifically including tenants in the letter notice of public hearings for
land use applications.
Councilmember Hoppe explained the local history of these issues and commented on
how other cities handle these tenant and owners’ rights. She supports informing
tenants of any such situations.
Councilmember Dozeman commented that she is a tenant resident and strongly
supports allowing tenants to know about and contribute to the discussion of proposed
changes.
Councilmember Hoppe proposed a consensus to ask staff to bring forward Ordinances
and Code Changes consistent with the foregoing proposed changes and Council’s
discussion of the details.
Consensus achieved.
Councilmember Urban asked about methods for ensuring that tenants and adjacent
property owners get their notices. Again, staff gave a satisfactory answer.
Staff Report(s)
Nothing further at this time, since staff made reports already in tonight’s Regular Council
Meeting.
Elected Officials’ Report(s)
Nothing further, as this session immediately followed a Regular Council Meeting.
ADJOURNMENT
The Special Study Session adjourned at 8:38 pm.
APPROVED BY CITY COUNCIL ON August 23, 2021.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Janeece Hoppe, Mayor Pro Tem
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting
August 16, 2021
Mayor Bud Starker called the Study Session to order at 6:31 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. All eight members of
Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual/hybrid meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present Amanda Weaver, Judy Hutchinson, Zach Urban, Janeece
Hoppe, Korey Stites, Leah Dozeman, Valerie Nosler Beck, and Rachel Hultin.
Also, present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; City Attorney,
Gerald Dahl; Administrative Services Director, Allison Scheck; Chief of Police, Chris
Murtha; Director of Parks and Recreation, Karen O’Donnell; Assistant to the City
Manager, Marianne Schilling; Director of Community Development, Ken Johnstone;
Planning Manager, Lauren Mikulak; Jay Renkins with MIG, Inc.; approximately 15
interested citizens and guests.
Citizen’s Right to Speak
John Cullman,6700 W. Dorado Drive, who is not a Wheat Ridge resident. He came to
discuss the process of planning the future of the Lutheran Legacy Campus. He is
interested in preserving historic sites and in making sure that the plan addresses
concerns for all citizens.
Sandy Nance, 4097 Field Place. She is sad that we have cut the WR Historical Society
budget which will reduce their opening hours from 3 days to 1 day per week. We need
the historical society for many purposes, especially the keeping and safeguarding of
historic records. She advocates for increasing the Historical Society’s budget to fulfill its
important mission. She wants to be sure we save the Blue House and the Chapel at
Lutheran. Those buildings are part of the history of the city and so, please, save it.
Linda Grantham, 4460 Moore Ct.; has lived in Wheat Ridge for more than 40 years.
She wants the historical society’s previous schedule for opening hours restored. She
thinks it is important to keep it open for a variety of security reasons as well as resident
access to its holdings. She also critiqued the City’s webpage in terms of how it does not
highlight our City’s historic attractions and our parks.
Marta Hedde, 7385 W 28th Ave; came to speak on behalf of the Wheat Ridge Historical
Society Board and the effort to save the Blue House and the Lutheran Chapel. She and
the Society believe that these properties are vital to our City’s heritage. It was the
center of the treatment for the tuberculosis outbreaks in the first decades of the
Twentieth Century. She also supports keeping the Tee-Pee tent located on the property
as an important historical structure. Please, preserve all of the structures in that small
area of the campus.
Jamie Gallagher, 4065 4065 Cody St., Wheat Ridge. Came to support the preservation
of the Chapel and the Blue House at Lutheran. None of the three plans currently
circulated includes a clear indication of what will happen to these historic structures.
She is also concerned that the published plans to do adequately address the need for
peace and quiet in the neighborhood north of the campus; the published plans include
provision for a lot of traffic going north that does not exist at present.
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.
[Lutheran Legacy Campus Plan] This project will have a profound effect on adjacent
neighborhoods. I ask the council to pay special attention to how the concepts have been
designed and the potential impacts on existing homes. A transition from low-density
residential at the project's edges to higher-density development at the center of the
campus--as proposed--may not in itself be sufficient to protect neighboring houses.
Consider Allison Court, which borders the SCL parking lot to the east. The grade
differential between the homes on the west side of Allison Court and the parking lot is
significant. Single-family homes built on that part of the campus--assuming they are
constructed to their allowable height of 35 feet--would loom over neighbors' backyards
on Allison Court. In this case, a transition zone must also include a substantial buffer
area. The same holds true for homes on Zephyr Court--assuming West Pines abandons
its complex and homes are constructed on that parcel. I commend the city for being
proactive with this redevelopment. We all would like the site to become a well-designed
and thriving development. I realize the final design will likely differ from the concepts
presented by the consultant. Regardless of what actually may be built, however,
established neighborhoods must be protected.
August 15, 2021, 3:12 PM
Chuck Moozakis
3540 ALLISON CT
WHEAT RIDGE, 80033-6146
1. 2022 Budget requests - Wheat Ridge Business District, Localworks and
Carnation Festival
Discussion began at 6:48 pm, approximately 0:18 minutes into the recording of the
session
Issue
Mr. Joe DeMott from Wheat Ridge Business District and Carnation Festival, and Kate
Cook, Executive Director of Local Works presented each organization’s 2022 budget
request to City Council for consideration,
Staff Reports
Administrative Services Director, Allison Scheck, along with representatives from those
organizations delivered to Council a detailed presentation about this item, its purpose
and the financial impacts for bringing it to Council.
The 2022 budget request per organization is as follows:
Wheat Ridge Business District - $90,000
Localworks - $390,000
Carnation Festival - $125,000
Mr. Joe DeMott came to speak on behalf of the WR Business District and the Carnation
Festival budget requests for 2022.
Councilmembers had questions and comments about the Business District’s request:
• Councilmembers asked detailed questions about each agency’s services and
plans for the 2022 budget year
• Councilmembers commented on the Business District’s accomplishments since it
was organized in 2010. Several commented on the murals program and how it
has encouraged artistic beautification of the city.
• How often has the Business District had to come back and ask for supplemental
budget funding?
The Mayor proposed a consensus for staff to review and bring to Council a $90,000
budget for the Business District in 2022.
Consensus attained.
• Councilmembers congratulated Mr. DeMott and the Carnation Festival
Committee on another successful Festival. They also thanked the community for
attending and acknowledged the work of our many volunteers for the Festival.
• Councilmembers asked detailed questions about sources and uses of funds for
the Carnation Festival. Mr. DeMott gave detailed responses.
• Councilmembers also recalled the history of the Festival and its significant impact
on the City by bringing our residents and neighbors together to continue a
tradition began 52 years ago.
• Councilmember Dozeman commented that she has been on the Festival
Committee for 6 years and it is the best weekend of her year. The Festival
volunteers make it possible and do their work with comradery and enthusiasm.
Councilmember Urban proposed a consensus to find the Carnation Festival budget
request of $125,000 for 2022.
Consensus attained.
Kate Cooke, Executive Director came to present the Local Works 2022 budget request.
She gave a presentation supported by a PowerPoint deck, which provided detail about
Local Works accomplishments this year and plans for 2022.
Ms. Cooke emphasized that this request aligns with Local Works strategic plan for
growing other sources of revenue over time to support its programs and in tandem
reduce the impact on the City Budget.
Councilmembers had questions and comments:
• Councilmembers expressed their gratitude for Local Works efforts to promote
Wheat Ridge as a great place to live, work and play.
• How much money is in the Local Work investment fund? Ms. Cooke reported a
balance of approximately $1.2 million.
• Thanks to Local Works for its spending reductions during last year’s public health
crisis.
• Local businesses have a golden opportunity to reach out to the community
through Local Works programs.
• A year ago, it was unclear what Local Works’ strategic initiatives looked like.
Now it seems clear and well-designed.
Councilmember Hoppe proposed a consensus to approve the Local Works budget
request for 2022 in the amount of $390,000.
Consensus attained.
2. Lutheran Legacy Campus Master Plan Update
Discussion began at 7:46 pm, approximately 1:17 hours into the recording of the
session.
Issue
City Council was provided with the background on the Lutheran Legacy Campus Master
Plan at a study session on November 2, 2020. On January 25, 2021, Council awarded
a contract to MIG, Inc. (MIG), a professional planning firm, to lead the community
through the master planning process. Study sessions were held in May 2021 with City
Council and Planning Commission to introduce the consultant team, share the existing
conditions scan, and preview the public process.
The purpose of the August 16 study session is to provide an update on the project,
specifically to share public input to date and to seek direction related to development of
a preferred concept.
Staff Reports
Planning Manager, Lauren Mikulak gave Council a detailed project status update from
the City, SCL Health and with the help of Mr. Renkins with MIG recounted the
opportunities for community input that have included and will continue to include a
range of stakeholders, events, and activities. He supported his report with a detailed
slide presentation.
Completed activities include the following:
• April 16 – Stakeholder steering committee meeting
• May 1 – Public meeting #1 (on-site walking tour)
• May 6 – Planning Commission study session
• May 10 – City Council study session
• May 20 – Community focus group A meeting
• May 24 – Community focus group B meeting
• May 27 – Business/development focus group meeting
• June 10 – Public meeting #2 (virtual visioning session)
• June 10 to July 10 – Online visioning survey
• July 5 – Stakeholder steering committee meeting
• July 21 – Community focus group A meeting
• July 23 – Community focus group B meeting
• August 3 – Public meeting #3 (in-person review of conceptual plans)
• August 3 to 10 – Online survey for conceptual plans
Councilmembers had questions and comments, to which staff and Mr. Renkins gave
detailed responses:
• Several Councilmembers thanked staff, especially Ms. Mikulak, for their hard
work and good progress. They also thanked the community members who
contributed their thoughts and opinions to the planning process.
• What will happen to West Pines mental health facility?
• The plans to provide a relatively limited commercial sector on the campus makes
sense.
• The extension of 35th Ave would add value for both residents and cyclists.
• What will attainable housing look like? How will we ensure that it is indeed
affordable?
• This is an extraordinarily unique opportunity to look at a variety of residential
development and ensure that we can include attainable housing.
• Do these plans include retaining the key historical sites, especially the Chapel
and the Blue House? (Mr. Johnstone replied that going forward the proposed
plans will incorporate detailed graphics to show the intention to retain these
structures based on their historic value and their importance to the community.)
• Future planning documents should include written plans to preserve these key
historic structures.
• Let’s strive to re-purpose and re-use as many of the existing modern structures
as possible.
• There were several questions about the ingress and egress plans for the site, to
ensure smooth access with minimal impact to, especially, the adjacent
neighborhoods.
• To our residents: please, participate in the planning process. Make your needs
and opinions heard. We will listen to your voices if you will come forward and
participate.
• What is the medical office market saying about the need for more medical office
space at Clear Creek Crossing? Should we keep the existing Lutheran medical
office space for that use or will the CCC space be appropriate to the market
conditions?
• Please, describe how this process moves forward, especially the creation of
parks and possible urban architecture uses? Mr. Johnstone provided an
informative overview. He indicated that at some point zoning changes will be
necessary in all likelihood.
• Does the City have an interest in the plan for civic space? Mayor Starker
commented that this is an opportunity to build a new, more adequate City Hall
and perhaps an entertainment venue.
• What happens after tonight; what are the next steps? Staff and Mr. Renkins
gave a detailed timeline through the end of 2021.
• Mayor Starker emphasized that we want and need a robust participation in this
planning process from our residents and others interested in the future of the
City.
3. Mayor and Council pay
Discussion began at 9:12 pm, approximately 2:42 hours into the recording of the
session.
Issue
As part of the 2022 budget process, staff conducted a survey of other Colorado
municipalities concerning the compensation for Mayors and Councilmembers. Survey
results indicated Wheat Ridge compensation is relatively low compared to neighboring
communities (Attachment 1). The annual compensation for Mayor in Wheat Ridge is
currently $10,080, which was last increased in 1997 (Attachment 2). The annual
compensation for Councilmembers in Wheat Ridge is currently $7,200, which was last
increased in 2001 (Attachment 3).
Staff Reports
City Manager Patrick Goff gave Council the background based on Section 3.12 of the
Wheat Ridge City Charter states that “Elected officials shall receive such compensation
as the council shall prescribe by ordinance; provided they shall neither increase nor
decrease the compensation of any elected official during his/her term of office.”
He also reported that the compensation for Councilmembers was last increased in 1997
and for the mayor in 2001. Mr. Goff requests further direction from City Council on
Mayor and City Council compensation.
Councilmembers had questions and comments:
• While none of us serve for the paycheck, it has been so long since the
compensation was adjusted that we need to increase the public servants’ pay.
• Mr. Urban proposed an increase in Councilmember compensation to $14,400
and for the mayor to $21,600.
• For many of our residents, the compensation is so low that many interested and
qualified people refuse to consider running for office. We want the best and
brightest of our residents to serve, so we need to remove this impediment.
Councilmember Urban proposed a consensus to ask staff to bring a proposed
compensation increase for Councilmembers to $14,400 per anum and for the Mayor
increased to $21,800 and to pay the Mayor Pro-Tem an additional stipend of $200 per
month, in time for the final planning of the 2022 budget.
Consensus attained.
4. Staff Report(s)
Discussion began at 9:30 pm, approximately 3:00 hours into the recording of the
session
Mr. Goff reported that Jeffco Public Health has issued a public health order requiring
masks for all students, staff and visitors in all public schools effective immediately.
5. Elected Officials’ Report(s)
Discussion of this item began at approximately 9:33 PM.
The Mayor and all Councilmembers congratulated all those who made possible a highly
successful Carnation Festival over the past weekend.
Councilmember Hoppe reminded us all to be careful when driving and cycling as
schools open next week.
Councilmember Dozeman thanked Mr. Joe DeMott for his amazing and tireless work on
the Carnation Festival. She similarly recognized Mr. Pettit for his long and excellent
service.
Councilmember Hutchinson thanked Mother Nature for the excellent weather this past
weekend.
Councilmember Hultin specifically thanked the clean-up crew who made Anderson Park
pristinely clean by Sunday.
Councilmember Weaver thanks Councilmember Dozeman for her excellent service and
tireless commitment to the Carnation Festival.
City Clerk Kirkpatrick reminded those interested in running for office in the City, that
they can still obtain the form required to collect petition signatures for nominations from
the Office of City Clerk. The deadline for submitting nominating petitions is August 23,
2021 at 5:00:00 PM.
Mayor Starker thanked those who worked so hard on the Festival and reminded us to
take care of one another and drive carefully as our children are enjoying the last days of
their summer vacation and starting to school again next week.
ADJOURNMENT
The Study Session adjourned at 9:39 pm.
APPROVED BY CITY COUNCIL ON August 23, 2021.
Steve Kirkpatrick, City Clerk
Janeece Hoppe, Mayor Pro Tem
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: SECOND OPPORTUNITY FOR PUBLIC INPUT ON THE 2022
BUDGET
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Administrative Services Director City Manager
ISSUE: Development of the 2022 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2022 proposed budget.
This public input opportunity is the second of two; the first opportunity for public input was during the regular City Council meeting on Monday, July 26, 2021. Members of the public are also able to provide input via the City’s community engagement platform at WhatsUpWheatRidge.com
PRIOR ACTION: No members of the public provided feedback during the first opportunity on July 26, 2021. FINANCIAL IMPACT:
There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices
used by local governments across the country and endorsed by the Government Finance
ITEM NO. A
Second Public Input Opportunity on the 2022 Budget August 23, 2021
Page 2
Officers’ Association (GFOA). Staff includes a summary of all feedback received from these public input meetings and online contributions in the presentation of the proposed budget to City
Council. The City Budget Process page at WhatsUpWheatRidge.com has received 198 visits as
of August 13, 2021. The 2022 Budget is scheduled to be presented to the Mayor and City Council on Monday, September 20, 2021. Following review and direction from City Council, the public hearing and
adoption of the proposed 2022 Budget is scheduled for Monday, October 11, 2021. The proposed
budget will be available online on the City website prior to the September 20 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2022 Budget at the September 20 and October 11 meetings in addition to the two scheduled public input opportunities.
RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION:
No formal action by City Council is necessary at this time.
REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ITEM NO: 1a
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND TO APPROVE PAYMENT TO MID-AMERICA POOL RENOVATION, INC. FOR THE LEISURE POOL RESURFACING IN THE AMOUNT OF $125,000
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Director of Parks & Recreation City Manager ISSUE: The Wheat Ridge Recreation Center leisure pool shell needs to be resurfaced. The surface of the pool is designed to last between ten to twelve years, and it was last resurfaced in
2008. The current surface is cracking and has outlived its expected longevity. If the resurfacing is not completed, the pool shell can leak and create a potential safety issue for the guests using the facility. PRIOR ACTION:
None FINANCIAL IMPACT: Funding has been appropriated in the Conservation Trust budget for this resurfacing project. The selected bid is $125,000. If this work is not completed, the pool surface may
leak and become a safety issue to the guests who are using the facility and the costs to
repair will increase. BACKGROUND: The pool was last resurfaced in 2008 by Atlantis Pool Plaster. This project was posted
twice this summer as a formal solicitation. Both times just one vendor responded, though
Council Action Form – Pool Resurfacing Project August 23, 2021
Page 2
the price decreased with the second solicitation based on allowing a more convenient work schedule.
RECOMMENDATIONS: Staff recommends awarding a contract and approving payment to Mid-America Pool Renovation, Inc to resurface the leisure pool at the Wheat Ridge Recreation Center to specifications outlined in the formal bid process.
RECOMMENDED MOTION: “I move to award a contract and approve payment to Mid-America Pool Renovation, Inc in the amount of $125,000.00”
Or,
“I move to deny approval of a contract and payment to Mid-America Pool Renovation, Inc in the amount of $125,000.00, for the following reason(s) __________________________________”
REPORT PREPARED/REVIEWED BY: Barb Kloberdanz, Recreation Supervisor Jennifer Nellis, Procurement Manager Karen O’Donnell, Director of Parks & Recreation
Patrick Goff, City Manager
ATTACHMENTS: 1. Bid Sheet ITB-21-11
PROJECT: RFB-21-11
VENDOR
Mid-America Pool
Renovation, Inc.
LOCATION Grandview, MO
BIDDER ACKNOWLEDGEMENT FORM Yes
ACKNOWLEDGE ADDENDA (0)Yes
ILLEGAL ALIEN COMPLIANCE Yes
NON-DISCRIMINATION ASSURANCE FORM Yes
NON-COLLUSION AFFADAVIT Yes
BID BOND Yes
VENDOR QUALIFICATION FORM Yes
ATTACHMENT A - PRICE SCHEDULE Yes
MATERIAL COST $35,000.00
LABOR/PROFIT AND OVERHEAD $90,000.00
OTHER DESCRIBED NA
TOTAL BID $125,000.00 $0.00 $0.00 $0.00 $0.00
DUE DATE/TIME: THURSDAY, AUGUST 5, 2021 BY 1:00 PM LOCAL TIME WITNESSED BY: TJ ELLISON, PURCHASING COORDINATOR
REQUESTED BY: BARB KLOBERDANZ, ACQUATICS DIVISION
OPENED BY: JENNIFER NELLIS, PURCHASING AGENTRE-BID LEISURE POOL RESURFACING PROJECT
ATTACHMENT 1
ITEM NO: 1b
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 41-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $33,534 FOR THE 2020 WORKERS’ COMPENSATION INSURANCE PREMIUM ADJUSTMENT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The City recently conducted its workers’ compensation premium audit with Pinnacol Assurance for the year 2020. The audit resulted in a premium adjustment of $33,534. The increase is due to reassigning employees into more appropriate workers’ compensation codes to ensure adequate
coverage, underestimating of payroll in 2019 for 2020 and omission of nonpaid boards and
commissions members in the original quotation. PRIOR ACTION: None
FINANCIAL IMPACT: Each year, a payroll audit is completed with the workers’ compensation insurer on the prior year’s payroll and premium. Adjustments, which occur every year, are then paid out of the current fiscal year. The workers’ compensation insurance premium is budgeted in the City’s central charges cost
center. This supplemental budget appropriation in the amount of $33,534 will not decrease the
City’s undesignated reserve below the minimum 17% policy.
Council Action Form – Worker’s Compensation Audit Premium Payment August 23, 2021
Page 2
BACKGROUND: The City switched workers’ compensation insurers from CIRSA to Pinnacol Assurance in 2020 in
an effort to improve service for injured workers and save on premium costs. In the first year with
Pinnacol, staff worked to reevaluate payroll codes and ensure that workers are properly classified to maintain sufficient coverage for the possible risks associated with their positions. The transition to Pinnacol has been successful and has resulted in better service, tracking and return to work statistics for injured workers. Additionally, it has created the opportunity for more efficient claims
management in-house with tools to assist the employees navigate their worker’s compensation
claim. The net result of the audit still results in a lower workers’ compensation premium than in 2019, despite increases in payroll costs. RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriation for payment of the workers’
compensation premium adjustment. RECOMMENDED MOTION: “I move to approve Resolution No. 41-2021, a resolution amending the Fiscal Year 2021 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$33,534 for the 2020 workers’ compensation insurance premium adjustment.” Or,
“I move to postpone indefinitely Resolution No. 41-2021, a resolution amending the Fiscal Year
2021 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $33,534 for the 2020 workers’ compensation insurance premium adjustment for the following reason(s) _____________________.”
REPORT PREPARED AND REVIEWED BY:
Millie Lewis, Senior Human Resources Business Partner Michael Clasen, Human Resources Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 41-2021 2. Audit Summary Report
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2021
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $33,534 FOR THE 2020 WORKERS’
COMPENSATION PREMIUM ADJUSTMENT WHEREAS, employee safety and responsible risk mitigation strategies are important to the City; and
WHEREAS, Colorado employers are required to carry workers’ compensation insurance if they have one or more employees; and WHEREAS, Pinnacol Assurance became the City’s workers’ compensation
provider in 2020; and
WHEREAS, the audit of the 2020 premium has resulted in an increased premium due to the reassignment of workers to proper insurance codes and underestimating of the 2020 payroll.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $33,534 is hereby approved from the General Fund undesignated
reserves to account 01-610-600-621 DONE AND RESOLVED this 23rd day of August 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Address
City State Zip
Business Phone Ext.
Email
Policy 4220613 City of Wheat Ridge
Moved? Please indicate the type of change when providing the new information below.
Physical Address Mailing Address Both
Colorado Premium
Your Colorado estimated premium for the current period is
$284,916.
Colorado Billing Schedule
This is your 8th of 9 installment(s). Your next invoice is
scheduled to bill on 09/01/2021 for the estimated amount of
$34,963.
Colorado Deductible Program
Your policy currently includes a $5,000 per claim deductible.
Previous Balance $114,706.17
Payment(s) Received - Thank You -$37,099.17
Current Activity
Audit Premium -$10,540.00
Premium Installment $34,963.00
Colorado Deductible $251.94
Colorado Deductible $1,261.93
Miscellaneous Bill -$33,534.00
Current Activity Total -$7,597.13
Total Due By 08/23/2021 $70,009.87
Miscellaneous Bill = 2020 Audit Adjustment
ATTACHMENT 2
7501 E. Lowry Blvd Denver, CO 80230-7006
Page 3 of 7 P -4220613 58263826 UB202
Coverage Information for 4220613 FINAL AUDIT
Audit:07/09/2021 804 - Revised Audit - Billing Amendment
Location:City of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033-8001
Period:01/01/2020 - 01/01/2021
Class RT Description Emp Est Payroll Aud Payroll Rate Prem Charge
001205 EM Paid No Work COVID19 35.00 $78,332 $78,332 .000000 $0
010605 EM Christmas tree harvesting
exclusively- & drivers
.00 $308,451 $0 9.086000 $0
510205 EM Door & window
installation-all types
-residential and
commercial
.00 -$0 5.236000 $0
550605 EM Street or road
construction-paving or
repaving & drivers
11.00 $547,483 $606,558 5.821200 $35,309
632505 EM Cable laying-specialist
contractors & drivers
2.00 - $132,424 3.311000 $4,385
738005 EM Drivers, chauffeurs,
messengers and their
helpers NOC-commercial
.00 $10,971 $0 5.251400 $0
752005 EM Waterworks operation &
drivers
.00 -$0 3.418800 $0
753805 EM Electric light or power line
construction & drivers
.00 $132,424 $0 6.221600 $0
753905 EM Electric light or power co.
NOC-all employees &
drivers
.00 -$0 1.432200 $0
758005 EM Sewage disposal plant
operation & drivers
.00 -$0 1.909600 $0
772005 EM Police officers & drivers 99.00 $8,908,627 $8,461,637 3.311000 $280,165
838005 EM Automobile service or
repair center & drivers
2.00 $97,703 $74,177 2.387000 $1,771
860105 EM Architectural, engineering
firm- including
salespersons & drivers
3.00 - $129,615 .292600 $379
880305 EM Auditor, accountant,
computer system
designer,
programmer-travel
.00 $57,456 $0 .046200 $0
881005 EO Clerical office employees
NOC
11.00 $198,400 $198,400 .123200 $244
881005 EM Clerical office employees
NOC
57.00 $3,105,472 $4,048,571 .123200 $4,988
881005 CL Clerical office employees
NOC
2.00 $85,129 $85,129 .123200 $105
881105 BD Municipal, township,
county, non-salaried
board member & trustee
72.00 $1,123,200 $1,123,200 .046200 $519
883105 EM Hospital-veterinary-&
drivers
.00 -$0 1.540000 $0
(continued on next page)
7501 E. Lowry Blvd Denver, CO 80230-7006
Page 4 of 7 P -4220613 58263826 UB202
886805 EM College or University
-professional employees
& clerical
6.00 - $32,962 .554400 $183
886905 EM Child care center-all
employees-clerical,
salespersons, & drivers
.00 $64,445 $0 1.324400 $0
901205 EM Building, property
management- managers,
leasing agent, -clerical
.00 $22,151 $0 .877800 $0
901505 EM Building or property
management-all other
employees
6.00 $573,308 $279,273 3.588200 $10,021
906105 EM Clubs-beach & clerical .00 -$0 1.509200 $0
906305 EM Health spa or steam bath
NOC & clerical
.00 $2,057,267 $0 1.247400 $0
910105 EM College-all employees
other than professional or
clerical
.00 -$0 4.034800 $0
910205 EM Park NOC-all employees
& drivers
87.00 $933,751 $3,519,339 2.818200 $99,182
918205 EM Athletic sport & drivers-no
players, coaches,
managers, umpires
.00 -$0 2.079000 $0
940205 EM Street cleaning & drivers 1.00 -$4,838 4.404400 $213
941005 EM Municipal, township,
county or state employee
NOC
20.00 $2,221,853 $1,751,968 2.109800 $36,963
Total for City of Wheat Ridge $20,526,423 $474,427
Description Period Adjustment Amount
Ratable Manual Premium 01/01/2020 - 01/01/2021 $474,427
Increased Limits (1,000,000/1,000,000/1,000,000) 01/01/2020 - 01/01/2021 1.011 $5,219
Deductible Discount ($5000 Ded)01/01/2020 - 01/01/2021 .907 $44,122-
Experience Modification 01/01/2020 - 01/01/2021 .760 $104,526-
Schedule Rating & Designated Provider 01/01/2020 - 01/01/2021 1.085 $28,135
Cost Containment Credit 01/01/2020 - 01/01/2021 .950 $17,957-
Premium Discount 01/01/2020 - 01/01/2021 .903 $33,094-
Annual Policy Fee 01/01/2020 - 01/01/2021 $195
Terrorism Insurance Coverage 01/01/2020 - 01/01/2021 $1,026
Catastrophe Insurance Coverage 01/01/2020 - 01/01/2021 $2,053
Audited Premium 01/01/2020 - 01/01/2021 $311,356
Billed Premium 01/01/2020 - 01/01/2021 $321,896
Audit Adjustment 01/01/2020 - 01/01/2021 $10,540-
Policyholder Disclosure Notice of Terrorism and Catastrophe Insurance Coverage
Coverage for acts of terrorism is included in your policy. Under your existing coverage, any losses resulting from certified
acts of terrorism would be partially reimbursed by the United States Government. Beginning January 1, 2016:
¨The current 85% Federal share of compensation under the TRIPRA decreases by one percentage point per calendar
year until it is equal to 80%.
¨The current program trigger for aggregate industry insured losses to exceed $100 million increases by $20 million per
calendar year until it is equal to $200 million.
¨Notwithstanding above, the United States Government will not make any payment under the Act for any portion of
Insured Losses that exceed $100 billion.
Premium for terrorism is calculated on the basis of total payroll. The total Colorado payroll is divided by $100 and
multiplied by the approved terrorism rate, $0.005 per $100 of payroll. The calculation is expressed as (Colorado
payroll/$100 X Approved Terrorism Rate = Premium). This premium is not subject to any other modification including,
ITEM NO: 1c
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2021 – A RESOLUTION IN SUPPORT
OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM FOR CLEAR CREEK TRAIL CONCRETE, SIGNAGE, AND SAFETY IMPROVEMENTS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Parks and Recreation Director City Manager ISSUE: The Parks and Recreation department is applying for a Jefferson County Open Space Trails Partnership Program grant for improvements along two stretches of the Clear Creek Trail. The
improvements would include upgrading sections of the trail from asphalt to concrete, adding additional wayfinding signage and making additional safety improvements. A resolution of support is required from the City Council to apply for this grant.
PRIOR ACTION:
Council supported an application for this program in 2020, which resulted in additional funds for
the Wadsworth and Clear Creek Trail connections.
FINANCIAL IMPACT: The project is estimated to cost approximately $310,000. The City’s 50% match of $155,000 is included in the proposed 2022 Open Space Fund budget.
BACKGROUND:
The Clear Creek Trail is heavily used in Wheat Ridge and is a regional trail within the Jefferson County trails plan. Almost the entire Clear Creek Trail throughout Wheat Ridge is currently
Council Action Form – JCOS Trails Partnership Grant Support for CCT August 23, 2021
Page 2
concrete, which is safer and requires less maintenance than asphalt. Three sections remain as asphalt including west of Prospect Park and the West Bridge, at the Otis Street trailhead, and
near the westbound I-70 bridge. The latter two locations are City of Arvada-owned, but City of
Wheat Ridge-maintained. This project would convert the first two sections listed to concrete. The last section involved is in CDOT right-of-way space and would not be addressed within the scope of this project.
In the recent Let’s Talk Wheat Ridge programs in both the Leppla Manor and Applewood
neighborhoods, “Pedestrian and Bicycle Access and Safety” ranked within the top 3 key themes
and “Connections to the Clear Creek Trail” were noted as a theme “hot spot”. Improving the Otis Street trailhead was a specific need identified in Leppla Manor, and this project would address that need.
This project would improve safety throughout the Clear Creek Trail with added wayfinding and
safety signage (e.g., speed limits, “Curve Ahead”, “Upcoming Crossing” and “Kids at Play”,
etc). The added wayfinding signage was a specific ask from the Sustainable Wheat Ridge transportation sub-committee at the May 2021 Parks and Recreation Commission meeting. The sub-committee included specific location concerns which will be addressed with signage with this project proposal.
This grant program, in its second year in 2021, is limited to trails projects in Jefferson County
and thus has a more limited potential applicant pool than state or federal grant programs. This makes the funding opportunity less competitive and more likely to result in funding for Wheat Ridge.
RECOMMENDATIONS:
Parks and Recreation Department staff recommend passing this resolution of support to pursue
funding to cover 50% of the project costs. Should this resolution not pass, the project would likely have to be delayed beyond 2022. It is likely (but not guaranteed) that this grant program, and others, will be available in the future for
this type of work. RECOMMENDED MOTION: “I move to approve Resolution No. 42-2021, a resolution in support of an application to the Jefferson County Open Space Trails Partnership Program for Clear Creek Trail concrete,
signage, and safety improvements.”
Or, “I move to postpone indefinitely Resolution No. 42-2021, a resolution in support of an
application to the Jefferson County Open Space Trails Partnership Program for Clear Creek Trail
concrete, signage, and safety improvements for the following reason(s) __________________.”
Council Action Form – JCOS Trails Partnership Grant Support for CCT August 23, 2021
Page 3
REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator
Karen O’Donnell, Director of Parks & Recreation
Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 42-2021
2. Trails Partnership Program Flyer
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2021
TITLE: A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM FOR CLEAR CREEK TRAIL CONCRETE, SIGNAGE AND SAFETY IMPROVEMENTS
WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail are desired; and
WHEREAS, the City of Wheat Ridge wishes to pursue an application for the
Jefferson County Open Space Trails Partnership Program grant for the purposes of
contracting with a construction firm to transition two Clear Creek Trail sections from asphalt to concrete, improve the Otis St. trailhead, and add safety and wayfinding signage; and
WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded,
complete the project as described in the application by implementing grant funding
supported by in-kind and cash funding.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The Mayor and City Council support the application for the Jefferson
County Open Space Trails Partnership Program. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 23rd day of August 2021.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
APPLICATION PROCESS
-Serves immediate neighborhood or community
-New trail within a neighborhood park
-Trail connection from a school to a local park
Local Project Examples
-Serves multiple jurisdictions
-Trail connects to regional trail
-Designated as a regional trail on Jeffco Trails Plan
Regional Project Examples
1.Contact JCOS
2.Submit Application
3.Application Review
4.Notification
Discuss eligibility with Trails Program
Manager and determine if project is
local or regional.
Using the form on the website, submit
project scope, location and maps,
budget, maintenance plan, resolution
from governing board, natural
resources impact, and a description of
how the project achieves the goals of
the Jeffco Trails Plan.
A committee consisting of Jeffco Open
Space staff and members of the Open
Space Advisory Committee reviews and
recommends proposals.
The Board of County Commissioners
gives final approval.
Award letter with JCOS funding
amount, JCOS Fund Recognition Guide,
and a project completion deadline
within two years of award date.
Applicants will be notified if their
project is not selected.
Applications for 2022 will be available
July 1, 2021 and due on September
20, 2021. Applicants will be notified of
award in December 2021.
25%
50%
ELIGIBILITY
Hillary Merritt
Deputy Director
hmerritt@jeffco.us
303.271.5948
Jefferson County Open Space (JCOS) will fund up to 25% of local or up to
50% of regional trail projects. All partners that manage public land and/
or provide public park and recreation services in Jefferson County are
eligible to apply.
Eligible projects include trail construction, trail maintenance,
trailhead amenities (benches, kiosks, and restrooms), and Greenway
enhancements (stream restoration, tree planting, etc.). Project must
be included in an approved plan, identified in the Jeffco Trails Plan, or
improve safety, equitable access, and connectivity of Jefferson County
trails or greenspaces.
up to
up to
Jeffco Open Space
Trails partnership program 2022
JCOS Funding
JCOS Funding
Rachel Brenna
Trails Program Manager
rbrenna@jeffco.us
303.271.5991
ATTACHMENT 2
ITEM NO: 2
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2021 – AN ORDINANCE
APPROVING AN INTERGOVERNMENTAL AGREEMENT
WITH THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY AND IN CONNECTION THEREWITH APPROVING THE CONVEYANCES OF REAL PROPERTY TO AND FROM THE CITY PUBLIC HEARING ORDINANCES FOR 1ST READING (08/23/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/13/2021)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager
ISSUE:
The Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (RWR) owns property located at 7690 W. 38th Avenue which has been under active environmental remediation since 2013. The Colorado Legislature passed Senate Bill 14-073 which provides a state income tax credit for the environmental remediation of contaminated land. State law requires that the City
both pay for the remediation and own the land to be eligible for the tax credits. The City has on
an annual basis provided funding to RWR to pay for the environmental remediation of the property. This ordinance will convey the property to the City in order to obtain the tax credit certificate and then convey the property back to RWR once the tax credits are secured so that RWR can sell the property to the Wheat Ridge Corners development for future redevelopment.
PRIOR ACTION: None
FINANCIAL IMPACT:
The sale of the tax credits is estimated to generate approximately $280,000. BACKGROUND: In 2013, RWR purchased two contaminated parcels at 7690 W. 38th Avenue and 3790 Yukon
Court from the Bank of Denver for future redevelopment as part of the Corners at Wheat Ridge
project. The property was contaminated due to a previous dry-cleaning operation on the site. Later, the building was used as the parts shop for the Go Ford Dealership which ceased operations in 2008.
On December 10, 2013, RWR’s application to the Colorado Department of Public Health and
Environment (CDPHE) was approved to participate in the Voluntary Cleanup Program (VCUP) for remediation of the site. The goal of participation in the VCUP was to receive a No Action Determination (NAD) letter from CDPHE declaring the property remediated to a point that no further active remediation was necessary, and the property could be sold for redevelopment.
RWR began remediation efforts in 2014 using revenues from its general fund account that is funded by an annual $300,000 contribution from the City of Wheat Ridge through a 2019 IGA. For the past seven years, RWR has been actively remediating the site of the contamination left by the dry cleaners. In 2017, RWR adopted Resolution 07-2017 authorizing an agreement with
Tax Credit Consultants to sell tax credits related to the clean-up of the parcel once the NAD
letter had been issued. On June 22, 2021 the NAD letter was issued and marketing of the tax credits began. As part of
this process, Tax Credit Consultants determined that in order to receive tax credits for the
remediation project, the City must own the property. A work around solution was discussed and
authorized by the Colorado Attorney General’s Office to temporarily convey the property to the
City of Wheat Ridge, receive a Tax Credit Certification from CDPHE, then convey the property
back to RWR. Once the property is back in RWR ownership, the tax credits will be marketed
and sold and the parcel will be conveyed to the developer of Corners at Wheat Ridge per a
Purchase and Sales Agreement dated January 3, 2017.
RECOMMENDATIONS: Staff recommends the adoption of the ordinance as it will allow RWR to complete the sale of tax
credits to help pay a portion of the remediation costs which has cost RWR over $1.2 million which will then enable RWR to sell the property for redevelopment. RECOMMENDED MOTION:
“I move to approve Council Bill No. 14-2021, an ordinance approving an Intergovernmental
Agreement with the Wheat Ridge Urban Renewal Authority and in connection therewith
approving the conveyances of real property to and from the City on first reading, order it
published, public hearing set for September 13, 2021 at 7:00 p.m., as a virtual meeting and in
City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per
COVID-19 restrictions, and that it take effect upon approval by the Authority of the
Intergovernmental Agreement, but in no event later than November 20, 2021, as permitted by
Section 5.11 of the Charter.”
Or, “I move postpone indefinitely Council Bill 14-2021, an ordinance approving an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority and in
connection therewith approving the conveyances of real property to and from the City for the
following reason(s) _________________.” REPORT PREPARED BY: Steve Art, Executive Director, Wheat Ridge Urban Renewal Authority
Patrick Goff, City Manager
Jerry Dahl, City Attorney ATTACHMENTS: 1. Council Bill 14-2021
2. Exhibit A - Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 14
ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY AND IN CONNECTION THEREWITH APPROVING THE CONVEYANCES OF REAL PROPERTY TO AND FROM THE CITY
WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and
WHEREAS, the City Council has adopted the Wadsworth Corridor Urban Renewal
Plan, as amended (the "Urban Renewal Plan" or the "Plan"); and
WHEREAS, as part of the implementation of the Plan by the Wheat Ridge Urban Renewal Authority, the Authority entered into a Purchase and Sale Agreement by which the Authority agreed to convey certain property (the "Property") to Quadrant Wheat Ridge Corners,
LLC (the "Developer"); and
WHEREAS, the Property is subject to a Voluntary Cleanup Program Application dated December 10, 2013, as approved by the Colorado Department of Public Health (the "CDPHE") on January 7, 2014 (the "VCUP"), the completion of which will result in a "No Action Determination" letter (the "NAD Letter") to be issued by the CDPHE; and
WHEREAS, in order to pay for the cost of the environmental remediation of the
Property, the City has on an annual basis provided funding to the Authority to allow the Authority to cause the environmental remediation of the Property to be completed, and the Authority has in fact spent the remediation funds on behalf of the City to cause the NAD Letter to be issued as part of the Authority's implementation of the Urban Renewal Plan; and
WHEREAS, in order to obtain the Tax Credit Certificate under the current language of
C.R.S. § 39-22-526 as amended by Senate Bill 14-073, the City must both pay for the cost of the environmental remediation and own the property that has been remediated; and
WHEREAS, the City desires to have the Authority convey the Property to the City in order for the City to obtain the Certificate, and then upon the Certificate being used, have the
City convey the Property back to the Authority in order for the Authority to complete the
conveyance of the Property to the Developer upon issuance of the Certificate to the City; and
ATTACHMENT 1
WHEREAS, the City Council wishes to approve an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority to accomplish these goals.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wheat
Ridge, Colorado:
Section 1. IGA Approved. The Intergovernmental Agreement between the City and the Wheat Ridge Urban Renewal Authority, attached hereto as Exhibit A, is hereby approved.
Section 2. Property Conveyances Approved. The City Council hereby approves the
acceptance of title to the Property and the subsequent reconveyance of the Property to the
Authority, in forms approved by the City Attorney, all as described in the Intergovernmental Agreement.
Section 3. Effective Date. This Ordinance shall take effect upon approval by the Authority of the Intergovernmental Agreement, but in no event later than November 20, 2021, as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 23rd day of August 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 September 13, 2021 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19
restrictions.
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:
_________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form _________________________
Gerald E. Dahl, City Attorney
First Publication: August 26, 2021 Second Publication: Effective Date:
Published: Jeffco Transcript and www.ci.wheatridge.co.us
EXHIBIT A INTERGOVERNMENTAL AGREEMENT {ATTACHED]
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INTERGOVERNMENTAL AGREEMENT REGARDING THE CONVEYANCE OF
PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") dated as of the ____
day of __________, 2021 (the "Effective Date"), is entered into by and between the City of Wheat
Ridge, Colorado (the "City"), a home rule municipal corporation of the State of Colorado, and
the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (the "Authority"), a body
corporate duly organized and existing as an urban renewal authority under the laws of the State of
Colorado.
RECITALS:
WHEREAS, the City is a home rule municipality and municipal corporation duly organized
and existing under and pursuant to Article XX of the Colorado Constitution and the Home Rule
Charter of the City of Wheat Ridge (the "Charter");
WHEREAS, the Authority is a body corporate and has been duly organized, established,
and authorized by the City to transact business and exercise its powers as an urban renewal
authority, all under and pursuant to the Colorado Urban Renewal Law, C.R.S. § 31-25-101, et seq.
(the "Act");
WHEREAS, the City Council has adopted the Wadsworth Corridor Urban Renewal Plan,
as amended (the "Urban Renewal Plan" or the "Plan");
WHEREAS, the Act, and Section 18 Article XIV of the Colorado Constitution authorize
the City and the Authority to enter into cooperative intergovernmental agreements such as this
Agreement.
WHEREAS, as part of the implementation of the Plan by the Authority, the Authority
entered into that Purchase and Sale Agreement dated January 3, 2017, (the "Purchase
Agreement"), attached hereto as Exhibit A, and incorporated herein by this reference, by which
the Authority agreed to convey certain property as more particularly described in the Purchase
Agreement and located at 7690 West 38th Avenue and 3790 Yukon Court, Wheat Ridge, Colorado
80033 (the "Property") to Quadrant Wheat Ridge Corners, LLC (the "Developer");
WHEREAS, Section 4.5 of the Purchase Agreement identifies that the Property is subject
to a Voluntary Cleanup Program Application dated December 10, 2013, as approved by the
Colorado Department of Public Health (the "CDPHE") on January 7, 2014 (the "VCUP"), the
completion of which will result in a "No Action Determination" letter (the "NAD Letter") to be
issued by the CDPHE;
WHEREAS, Section 4.5 of the Purchase Agreement specifically provides for the
conveyance of the Property to the Developer upon issuance by the CDPHE of the NAD Letter,
which NAD Letter is to be issued upon completion by the Authority of that certain environmental
remediation of the Property on the City's behalf in accordance with the Plan and consistent with
the VCUP;
EXHIBIT A
ATTACHMENT 2
2
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WHEREAS, in order to pay for the cost of the environmental remediation of the Property,
the City has on an annual basis provided funding to the Authority to allow the Authority to cause
the environmental remediation of the Property to be completed, and the Authority has in fact spent
the remediation funds on behalf of the City to cause the NAD Letter to be issued as part of the
Authority's implementation of the Urban Renewal Plan;
WHEREAS, pursuant to C.R.S. § 39-22-526 as amended by Senate Bill 14-073, which
reinstated the Colorado Brownfields Tax Credit for properties which qualify under the Voluntary
Cleanup Program, the City desires to obtain a tax credit certificate for said environmental
remediation (the "Certificate"), but in order to do so, pursuant to C.R.S. § 25-16-526, the City
must own the property that has been remediated, certify that the remediation is complete, and
disclose the costs of remediation;
WHEREAS, the Authority currently owns the Property, and has owned the Property while
the Property has been undergoing the environmental remediation activity, but the Authority has
owned the Property and conducted the environmental cleanup activities on the Property utilizing
City funding and as an agent of the City in implementing the Urban Renewal Plan of the City;
WHEREAS, the Parties in consultation with the CDPHE desire to cause the Certificate to
be issued to the City, but in order to do so, the City is required to not only have provided the
funding for the environmental remediation, but also must own the Property;
WHEREAS, by the execution of this Agreement, the City and the Authority desire to have
the Authority convey the Property to the City in order for the City to obtain the Certificate, and
then upon the Certificate being used, have the City convey the Property back to the Authority in
order for the Authority to complete the conveyance of the Property to the Developer upon issuance
of the Certificate to the City; and
WHEREAS, by execution of this Agreement, the Parties desire to satisfy the necessary
conditions to allow the Certificate to be issued, and following the issuance of the Certificate, have
the City convey the Property back to the Authority to allow the Authority to convey the Property
to the Developer as contemplated by the Purchase Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the following terms
and conditions, the City and the Authority hereby agree to this Agreement as follows:
1. RECITALS. The recitals set forth above are incorporated herein by this reference.
2. OBLIGATIONS OF THE AUTHORITY. The Authority shall take all necessary
steps as required by the Act and other applicable Colorado law to accomplish the following:
A. Within ten (10) days after the Effective Date, the Authority shall convey the
Property to the City by Quit Claim Deed in the form attached hereto as Exhibit B, and
incorporated herein by this reference (the "Authority Deed").
3
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B. Contemporaneously with execution of the Authority Deed, the Authority
assigns all rights and obligations of the Authority set forth in the Purchase Agreement with
Developer to the City in order to assure that the Purchase Agreement remains in full force
and effect. Buyer's written consent to this Agreement as required by Section 10.1 of the
Purchase Agreement is attached hereto as Exhibit C, and incorporated herein by this
reference ("Developer's Consent").
C. Upon issuance of the Certificate to the City by the CDPHE, or in the event
the Certificate is not issued by the CDPHE, upon the expiration of sixty (60) days from the
date of the conveyance of the Property as provided in the Authority Deed, the Authority
shall accept the conveyance of the Property back to the Authority as more particularly
described in Section 3 of this Agreement.
3. OBLIGATIONS OF THE CITY. The City shall take all necessary steps as
required by Colorado law and the Charter to accomplish the following:
A. Within ten (10) days after the Effective Date, the City shall accept the
conveyance of the Property by the Authority Deed, and shall accept the assignment of the
Purchase Agreement from the Authority to the City.
B. Upon the City obtaining title to the Property, the City as then-owner of the
Property, shall take all necessary steps to obtain the Certificate from the CDPHE and
exercise its authority to accomplish the sale of the Certificate consistent with the statutory
authorization set forth in C.R.S. § 39-22-526.
C. Upon completion of the obligations of the City associated with the receipt
of the Certificate by the City, the City shall convey the Property to the Authority by Quit
Claim Deed in the form attached hereto as Exhibit D, and incorporated herein by this
reference (the "City Deed").
D. Contemporaneously with execution of the City Deed, the City shall assign
all rights and obligations of the City as set forth in the Purchase Agreement with Developer
back to the Authority in order to assure that the Purchase Agreement remains in full force
and effect, and the consent to such assignment is included in Developer's Consent.
E. In the event that the Certificate is not able to be issued by the CDPHE to the
City for any reason within sixty (60) days after the Effective Date, the City shall
nonetheless convey the Property back to the Authority by execution of the City Deed in
order to allow the Authority to complete its obligations to the Developer under the Purchase
Agreement.
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A081621.DAHL COMMENTS.DOCX
4. MISCELLANEOUS
A. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado and shall be subject to the limitations if
any that are applicable under the Charter or ordinances of the City.
B. Notices. All notices and other communications hereunder shall be
sufficiently given and shall be deemed given when delivered or mailed by first class mail
postage prepaid addressed as follows:
If to the City:
City of Wheat Ridge, Colorado
Attn: Patrick Goff, City Manager
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
If to the Authority:
Renewal Wheat Ridge
Attn: Steve Art
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
The City or the Authority may, by notice given hereunder, designate any further or different
addresses to which subsequent notices or other communications shall be sent.
C. Severability. In the event that any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction such holding shall not
invalidate or render unenforceable any other provision hereof.
D. Entire Agreement — Amendments. This Agreement embodies the whole
agreement of the parties. There are no promises, terms, conditions, or obligations other
than those contained within this Agreement. This Agreement shall supersede all previous
communications, representations, or agreements, either verbal or written, between the
parties hereto relating to the matters set forth herein. This Agreement may be further
amended by written agreement between the City and the Authority.
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A081621.DAHL COMMENTS.DOCX
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly
executed and delivered by their duly authorized officers as of the date first above written.
CITY OF WHEAT RIDGE, COLORADO
By: ____________________________________
Bud Starker, Mayor
Attest:
________________________________
Stephen Kirkpatrick, City Clerk
WHEAT RIDGE URBAN RENEWAL
AUTHORITY
By: _____________________________________
Walt Pettit, Chairman
Attest:
___________________________________
E
X
H
I
B
I
T
"
A
"
T
O
I
G
A
Recorded at ______________ o'clock _______.M., ____________________
Reception No. __________________ ______________________, Recorder
QUIT CLAIM DEED
The Wheat Ridge Urban Renewal Authority, a body corporate and politic of the State of Colorado
whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, County of Jefferson,
State of Colorado, Grantor, for the consideration of Ten dollars ($10.00) and other good and
valuable consideration, in hand paid, hereby sells and quitclaims to the City of Wheat Ridge,
Colorado, a Colorado home rule municipality whose address is 7500 West 29th Avenue, Wheat
Ridge, Colorado 80033, County of Jefferson, State of Colorado, Grantee, the following real
property in the County of Jefferson, State of Colorado, to wit:
The property more particularly described as Exhibit A, attached hereto and incorporated
herein by this reference,
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of Grantor, either in law or in equity, to the only proper use, benefit,
and behoof of Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, Grantor hereby signs, executes and delivers this deed on this ______
day of _________________________, 2021.
GRANTOR WHEAT RIDGE URBAN
RENEWAL AUTHORITY
____________________________
Walt Pettit, Chairman
Attest:
_________________________
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2021, by Walt Pettit as the Chairman of the Wheat Ridge Urban Renewal
Authority.
My commission expires: ___________________________________
Witness my hand and official seal.
______________________________
Notary Public
EXHIBIT “B” TO IGA
CONSENT TO ASSIGNMENT OF PURCHASE AND SALE
AGREEMENT
Quadrant Wheat Ridge Corners, LLC, a Missouri limited liability company (“Quadrant”)
does hereby represent, affirm and deliver the following Consent to Assignment of Purchase and
Sale Agreement dated January 3, 2017 (the “Purchase Agreement”) as follows:
1. Quadrant as Buyer and the Wheat Ridge Urban Renewal Authority d/b/a Renewal
Wheat Ridge (the “Authority”) as Seller are parties to that Purchase and Sale Agreement dated
January 3, 2017. Quadrant has been advised of the intent of the Authority to enter into that
Intergovernmental Agreement Regarding the Conveyance of Property with the City of Wheat
Ridge, the form of which is attached hereto as Exhibit A, and incorporated herein by this reference
(the “IGA”). By the terms of the IGA, the Authority shall convey the Property that is subject of
the Purchase Agreement to the City to allow the City to obtain the Certificate as more particularly
described in the IGA, and thereafter the City shall promptly convey the Property that is subject of
the Purchase Agreement back to the Authority. The conveyances of the Property that is subject of
the Purchase Agreement under the terms of the IGA shall include an assignment of the Purchase
Agreement with Quadrant.
2. Pursuant to Section 10.1 of the Purchase Agreement, Quadrant hereby consents to
the assignment of the Purchase Agreement to the City of Wheat Ridge, and further consents to the
assignment of the Purchase Agreement back to the Authority as more particularly described in the
IGA, provided such conveyances for which this consent is provided are completed on or before
November 22, 2021.
IN WITNESS WHEREOF, this Consent to Assignment has been executed this _______
day of _____________________, 2021.
Quadrant Wheat Ridge Corners, LLC, a
Missouri limited liability company
By: _____________________________
Name: _____________________________
Title: _____________________________
Date: _____________________________
EXHIBIT “C” TO IGA
Recorded at ______________ o'clock _______.M., ____________________
Reception No. __________________ ______________________, Recorder
QUIT CLAIM DEED
The City of Wheat Ridge, Colorado, a Colorado home rule municipality whose address is 7500
West 29th Avenue, Wheat Ridge, Colorado 80033, County of Jefferson, State of Colorado, Grantor,
for the consideration of Ten dollars ($10.00) and other good and valuable consideration, in hand
paid, hereby sells and quitclaims to the Wheat Ridge Urban Renewal Authority, a body corporate
and politic of the State of Colorado whose address is 7500 West 29th Avenue, Wheat Ridge,
Colorado 80033, County of Jefferson, State of Colorado, Grantee, the following real property in
the County of Jefferson, State of Colorado, to wit:
The property more particularly described as Exhibit A, attached hereto and incorporated
herein by this reference,
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of Grantor, either in law or in equity, to the only proper use, benefit,
and behoof of Grantee, its heirs and assigns forever.
IN WITNESS WHEREOF, Grantor hereby signs, executes and delivers this deed on this ______
day of _________________________, 2021.
GRANTOR CITY OF WHEAT RIDGE
____________________________
Bud Starker, Mayor
Attest:
____________________________
Stephen Kirkpatrick, City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2021, by Bud Starker as the Mayor of the City of Wheat Ridge.
My commission expires: ___________________________________
Witness my hand and official seal.
______________________________
Notary Public
EXHIBIT “D” TO IGA
ITEM NO: 3
DATE: August 23, 2021 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT TO CONCRETE
WORKS OF COLORADO FOR PHASE 1 OF THE IMPROVE WADSWORTH PROJECT IN THE AMOUNT OF $34,971,468.01 WITH AN ADDITIONAL CONTINGENCY OF $1,500,000 FOR A TOTAL OF $36,471,468.01 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager ISSUE:
The Improve Wadsworth Project was advertised for bids in mid-April 2021 and bids were opened on July 1, 2021. Staff is recommending that the lowest responsive bidder, Concrete Works of Colorado, be awarded a contract in the amount of $34,971,468.01, which includes the base bid, all four bid options, related water and sanitation work and an additional $1,500,000 in contingency for a total award of $36,471,468.01.
PRIOR ACTION: Staff has met with Council numerous times over the past eight years to provide updates on the Improve Wadsworth Project concerning environmental, design, and right-of-way (ROW) related issues. Staff has also met with Council several times recently related to the construction phase of the project.
On February 8, 2021, Council authorized amending and extending AECOM’s professional services contract to continue to assist with the Investing 4 the Future Program projects including the Improve Wadsworth Project.
Council Action Form – Wadsworth Construction Contract August 23, 2021
Page 2
On February 22, 2021, Council authorized award of Phase III of HDR’s contract to provide assistance during construction. HDR will primarily answer design related questions and provide
other design related services during construction. At that same meeting, Council also approved
agreements with the Wheat Ridge Water and Wheat Ridge Sanitation Districts to include replacement of their facilities within the Phase 1 limits.
On May 10, 2021, Council approved an agreement with Jefferson County Open Space to accept a grant for $466,141 towards the construction of the Clear Creek Trail connection associated with the
Improve Wadsworth Project.
FINANCIAL IMPACT: A total of $31.8 million in federal, state and county funding has been obtained for the Phase I construction phase, not including the contribution from the water and sanitation districts for their work. The funding sources and amounts are shown below:
Funding Source Federal CDOT JeffCo
2014 TIP $10,973,719 2018 HSIP $2,340,000 $260,000 CDOT Maintenance $2,400,000 $1,700,000 2018 TIP $6,880,000
2021 HSIP $1,890,000 $210,000
COVID Funds $3,360,000 JeffCo OS $466,144 MainStreets $1,360,000 Total $27,843,719 $3,530,000 $466,141
Federal funding: Most of the federal funding, $17.9 million, has been provided via three Denver
Regional Council of Governments (DRCOG) Transportation Improvements Program (TIP) grants that were in awarded in 2014 and 2018. The City was also recently awarded a COVID related grant for $3.36 million. The remaining $6.6 million in federal funding is from CDOT related funding sources including two safety grants (HSIP) awarded in 2018 and 2021, and
CDOT maintenance funding that was originally budgeted for improvements to the Wadsworth
corridor in 2019.
CDOT funding: CDOT is providing the local match of $1.1 million for the two safety grants (HSIP) and the maintenance projects and an additional $1.1 million in CDOT only maintenance funds that were also going to be spent on the Wadsworth corridor. CDOT is also contributing
$1.36 million for the recently awarded MainStreets grant.
Jefferson County Open Space funding: The City also recently received a trails grant from Jefferson County Open Space for $466,141 for this project.
Utility Districts: Wheat Ridge Water and Sanitation Districts are completely funding their work in accordance with the approved agreements in the amount of approximately $3.1 million.
Council Action Form – Wadsworth Construction Contract August 23, 2021
Page 3
City funding: The City will contribute $4.9 million for Phase I construction for consultant services and will appropriate a contingency of $ 1.5 million for unforeseen expenses related to
the project.
BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds available for fiscal years 2016 through 2021 to help fund an improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded the TIP grant in 2015 with federal funding of $25
million.
Work on the Environmental Assessment (EA) was started in April 2016 and continued through June of 2019. Delays were experienced at the beginning of the EA due to difficulty in transitioning from the study that was previously completed in October 2015 and then in mitigating project impacts on several new properties that were determined to be potentially
historical.
Early in the EA process, it was determined that the funding that was available for construction from the 2014 TIP grant would not be adequate, so staff began aggressively pursuing additional potential funding sources. At about that same time, the water and sewer districts expressed interest in replacing and upsizing their facilities along the corridor.
In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for
$2.6 million to construct the medians with a federal share of $2.3 million with the remainder being a local match that CDOT is covering because Wadsworth Boulevard is a state highway.
Soon after, CDOT also committed to providing $4.1 million in additional funding that was previously programed for CDOT maintenance on this portion of Wadsworth Boulevard: an
overlay was planned in 2019 from 35th to the Clear Creek bridge for $3 million; and replacing
the traffic signals at 3-Acre Lane and 44th Avenue for $1.1 million. The overlay funding included $2.4 million in federal funds with the remainder being CDOT funds.
Early in the development of the project and as part of the required environmental approvals, the decision was made to extend the project to tie into the I-70 eastbound ramps which basically
extended the project to the Clear Creek bridge. Due to this increase in scope and costs, in
October 2018, the City applied to DRCOG for a second TIP grant for the portion of the project north of 48th Avenue. In 2019, DRCOG awarded the second TIP grant with a federal share of $5.3 million.
Staff provided an update on the available funding and engineer’s opinion of probable costs to
City Council during the September 21, 2020 study session. During that meeting, the budget
increases experienced during the environmental, design, and ROW phases were discussed and that those increases had reduced the available construction funding to around $23 million.
Based on the engineer’s opinion of probable costs available at that time, funding was available to construct approximately 2/3 of the full project. Since the 2018 TIP grant was for the northern
Council Action Form – Wadsworth Construction Contract August 23, 2021
Page 4
portion of the project and would be lost if that construction work was not completed, the decision was made to start the first phase of construction at the I-70 ramps and improve Wadsworth as far
south as available construction funding allowed. A location just south of 41st Avenue (where
Wendy’s/McDonald’s are located) was selected as the southern limit of the 2/3 project. This southern limit was ideal as there are a number of design and traffic considerations that make this a logical southern termination for the first phase of construction.
In addition to preparing Phase 1 construction plans, plans were also prepared for four bid options
for various improvements between 35th and 41st Avenues, mostly focused on constructing the
sidewalks and streetscape improvements in the event additional funding became available. The bid package was prepared as follows:
Bid Schedule #1 - Phase 1 base bid from 41st Avenue to I-70. Bid Schedule #2 - Bid Option 1 to add sidewalks and streetscape between 38th and 41st on the
west side of Wadsworth and extend the 3rd lane to the south past 38th Avenue.
Bid Schedule #3 - Bid Option 2 to replace the sidewalks and streetscape between 38th and 41st on the east side of Wadsworth. Bid Schedule #4 - Bid Option 3 to add sidewalks and streetscape between 35th and 38th on the east side of Wadsworth.
Bid Schedule #5 - Bid Option 4 to extend the 3rd lane to the south past 38th Avenue on the east
side of Wadsworth. Bid Schedule #6 - Wheat Ridge Water District’s work that includes replacement, relocation, and upsizing of their facilities within Phase 1. Also includes two sub-bid schedules for work associated with bid options 1 and 3.
Bid Schedule #7 - Wheat Ridge Sanitation District’s work that includes replacement, relocation,
and upsizing of their facilities within Phase 1. Bid Schedule #8 - A bid option for Wheat Ridge Sanitation District to include lining the sanitary sewer lines that will not be replaced in Phase 1.
In early 2021, updated opinions of probable cost from HDR raised the estimated construction
costs for Phase 1 by $5.4 million to $28.6 million. Due to the ideal location of having the
southern limit of Phase 1 be just south of 41st Avenue, staff began pursuing additional funding sources to close the $5.4 million gap instead of further reducing the scope of Phase 1. About this same time, Jefferson County Open Space awarded a grant for $466,141 to the connection from the multi-use path on the east side of Wadsworth down to the Clear Creek Trail.
In early 2021, CDOT realized that the traffic signal upgrades at 38th Avenue were not included in
Phase 1 and so expressed interest in funding bid options 1 and 4, which includes upgrading the traffic signal at 38th Avenue. Also included in those options is extending the third lane on each side of the street south from 41st Avenue through the 38th Avenue intersection. The sidewalk and streetscape on the west side were also included in bid option 1. A second safety grant for $2.1
million was awarded in March 2021 to cover the cost of those two bid options.
In June 2021, DRCOG awarded $3.4 million in federal COVID related funding through the Jefferson County Subregional Forum. Permission was also granted to transfer, if necessary, the
Council Action Form – Wadsworth Construction Contract August 23, 2021
Page 5
$1.6 million in federal funding from the Ward/BNSF Grade Separation project that was awarded to the City as a part of the 2018 DRCOG TIP.
On August 13, 2021, the City was notified that a CDOT MainStreets grant had been awarded for
bid options 2 and 3, constructing sidewalks and streetscape between 41st and 38th Avenues and between 38th and 35th Avenues.
By aggressively pursuing all possible funding sources, staff has been able to obtain an additional $8.9 million in funding for constructing Phase 1, along with all four bid options.
The bid documents were advertised on April 14, 2021 and after minor delays to address
questions from bidders, the bids were opened on July 1, 2021. Four proposals were received, and all proposals were accepted as complete. City staff, with assistance from AECOM, has evaluated the bids and found that the lowest bidder, Concrete Works of Colorado (CWC), Lafayette, CO, has met the bid and qualification requirements. CWC is on CDOT’s list of pre-qualified
contractors for this type of work.
In general, the unit prices included in CWC’s bid were found to be reasonable. The total cost for Phase 1 and all four options was approximately 12% over the engineer’s opinion of probable costs which is within acceptable limits given the current construction environment. Several references were checked and CWC received very good to excellent evaluations. CWC completed
the 32nd Avenue and Youngfield Intersection Project for Wheat Ridge in 2013 and provided the
City with an excellent completed project. Staff recommends that Phase 1 along with all four bid options and the related water and sanitation work be awarded.
The bid includes a contingency amount of approximately 7% for minor contract adjustments due to potential unanticipated items related to the project that can sometimes occur after the
commencement of construction. Staff is recommending that an additional contingency of $1.5
million be added in case larger contract adjustments are required. This provides a total contingency of around 10%.
Concurrence to award the project from CDOT and an amendment to the City’s contract with CDOT must be received and executed in order to issue the notice to proceed to CWC. The
concurrence request packet has been submitted to CDOT and is under review. CDOT staff is
currently working on getting the contract amendment prepared to add the eight CDOT administered funding sources to the project.
The amendment should be ready for Council review and approval at the September 13 meeting. The amendment will then be submitted back to CDOT for execution and the concurrence to
award the project can be given, likely in early October. A pre-construction meeting can then be
held to officially start the construction of the improvements.
RECOMMENDATIONS: Based upon the contractor being the low bidder and demonstrated capabilities and performance on previous projects, staff recommends that a contract be awarded to CWC. Staff also
Council Action Form – Wadsworth Construction Contract August 23, 2021
Page 6
recommends that the Director of Public Works be authorized to issue change orders for the contingency that is included in the contract and the additional contingency amount of
$1,500,000.
RECOMMENDED MOTION: “I move to award, pending CDOT’s concurrence, and approve subsequent payments to Concrete Works of Colorado, Lafayette, CO for the Improve Wadsworth Project in the amount of $34,971,468.01 with an additional contingency of $1,500,000 for a total of $36,471,468.01.”
Or,
“I move to deny awarding the contract to Concrete Works of Colorado, Lafayette, CO for the Improve Wadsworth Project in the amount of $34,971,468.01 with an additional contingency of $1,500,000 for a total of $36,471,468.01 for the following reason(s):
___________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Russ Higgins, Field Supervisor
Steve Nguyen, Engineering Division Manager
Kenneth Johnstone, Director of Community Development Greg Knudson, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Bid Tab Sheet
2. Wadsworth Widening Bid Analysis
Subject to review for completeness and accuracy.
As read.
PROJECT: ITB-21-04, NHPP 1211-086
Virtual Bid Opening at 2 P.M. same day
VENDOR Concrete Works of
Colorado IHC Scott, Inc.Castle Rock
Construction Comp Flatiron Corp
LOCATION - City/State Lafeyette, CO Centennial, CO Centennial, CO Denver, CO
ATTENDED MANDATORY PRE-BID MEETING Y Y Y Y
Proof of QUALIFIED CDOT CONTRACTOR
status and bonding capacity Y Y Y Y
Letter of Reference from Firm's Surety
stating available aggregate and single Y Y Y Y
Insurance commitment statement Y Y Y Y
Debarment status statement or current
SAM.gov report Y Y Y Y
IMSA certification proof for traffic signal
work (minimum of two fulltime at Level II or
higher)
Y Y Y Y
REQUESTED BY: Mark Westberg, COM DEV and Russ Higgins, PUBLIC WORKS
WADSWORTH BVD IMPROVEMENTS - PHASE 1 CONSTRUCTION OPENED BY: Jennifer Nellis, PURCHASING AGENT
DUE DATE/TIME: Tuesday, MAY 25, 2021 BY 1 P.M. LOCAL TIME WITNESSED BY: Mark Westberg
page 1 of 3
Acknowledgement of Form FHWA 1273 -
Required Contract Provisions Federal-Aid
Construction Contracts and inclusion in all
sub-contracts
Y Y Y Y
BID SUMBITTAL CHECKLIST Y Y Y Y
BIDDER ACKNOWLEDGEMENT FORM Y Y Y Y
ACKNOWLEDGE ADDENDUM (9)Y Y Y Y
CONTRACTOR'S QUALIFICATION FORM Y Y Y Y
NON-DISCRIMINATION ASSURANCE FORM Y Y Y Y
ILLEGAL ALIEN COMPLIANCE Y Y Y Y
NON-COLLUSION AFFIDAVIT Y Y Y Y
BID BOND Y Y Y Y
CDOT Form #0606 Anti-Collusion Affidavit Y Y Y Y
CDOT Form #1413 Bidder List of Subs/Sel.Y Y Y Y
CDOT Form #1414 DBE Participation Plan Y Y Y Y
PROPOSAL FORM - signed Y Y Y Y
FINAL BID SCHEDULE (Protected Excel
Spreadsheet) completed tabs 1-8 and TOTAL Y Y Y Y
#1 Base Bid TOTAL - 41st to I-70 $28,123,570.51 $31,515,225.84 $33,963,986.50 $33,986,939.55
#2 Option 1 TOTAL - 38th to 41st West side $1,390,668.00 $1,378,458.55 $1,613,813.81 $1,304,732.40
#3 Option 2 TOTAL - 38th to 41st East side $572,434.00 $562,216.25 $630,740.91 $524,197.75
#4 Option 3 TOTAL - 35th to 38th East side $977,471.00 $921,508.35 $1,185,080.31 $886,693.25
#5 Option 4 TOTAL - 38th East side $697,551.50 $700,667.80 $718,523.17 $650,288.36
#6A Water - BASE BID - subtotal $1,681,742.00 $1,442,297.00 $2,485,007.81 $1,608,446.75
page 2 of 3
#6B Water - Option 1 - subtotal $63,695.00 $97,134.00 $120,545.30 $43,900.00
#6C Water - Option 3 - subtotal $20,681.00 $14,554.00 $19,939.02 $8,100.00
#6 Wheat Ridge Water District TOTAL $1,766,118.00 $1,553,985.00 $2,625,492.13 $1,660,446.75
#7 Wheat Ridge Sanitation District - A TOTAL $1,443,655.00 $1,157,856.00 $2,107,925.19 $1,416,690.00
#8 Wheat Ridge Sanitation District - B TOTAL
(#8 is not included in any totals below)$367,240.00 $814,740.00 $175,078.15 $175,980.00
TOTAL BASE BID ONLY $31,248,967.51 $34,115,378.84 $38,556,919.50 $37,012,076.30
TOTAL BASE BID & OPTIONS 1 & 4 $33,400,882.01 $36,291,639.19 $41,009,801.78 $39,010,997.06
TOTAL BASE BID & OPTIONS 1, 2 & 4 $33,973,316.01 $36,853,855.44 $41,640,542.69 $39,535,194.81
TOTAL BASE BID & OPTIONS 1, 3 & 4 $34,399,034.01 $37,227,701.54 $42,214,821.11 $39,905,790.31
TOTAL OF ALL BID SCHEDULES (not
including #8)$34,971,468.01 $37,789,917.79 $42,845,562.02 $40,429,988.06
page 3 of 3
ATTACHMENT 2
Wadsworth Blvd Widening Bid Analysis
Accompaniment to the bid analysis spreadsheet and a discussion on critical items
Method of Review
AECOM reviewed the bid prices for all four contractors including Concrete Works, Scott/IHC, Castle
Rock, and Flatiron, as well as the Engineer’s estimate. The initial analysis included reviewing items that:
1. Had a big gap between Concrete Works’ unit price and the second highest (whether that was
the Engineer’s estimate or one of the bidders) if Concrete Works had the highest unit price. This
would be mostly to see if there was any bid loading that could realistically be taken advantage of
in construction.
2. Had a big gap between Concrete Works’ unit price (if lowest) and the second lowest price to
evaluate if there could possibly be an oversight on their part which might create any problems in
construction.
3. Prices that stood out based on our experience.
Unit Prices that we anticipated could create a potential financial burden to the project were compared
against CDOT cost data from January 1, 2019 to May 1, 2021 (to provide roughly equivalent data sets to
the time of initial advertisement and the engineer’s estimate). If after the cost data analysis, the prices
still seemed to be out of the typical unit price range, a more deliberate look into the plans and
specifications was used to analyze the unit price.
Additionally, all bid schedule quantities were reviewed against the plans and addenda. Everything in
light green doesn’t match the plans but matches the addenda (all good), light orange doesn’t match -
the final addendum specifically called out quantities while the previous addenda didn’t necessarily
address the quantities only mentioning that they were changing. All unmatching quantities have a
comment in the “Bid Schedule Quantity” column.
Ultimately, there are six items that stood out with the potential or appearance of potential to cause a
significant overrun in budget due to Concrete Works’ pricing. These are discussed below:
202-00155 Removal of Wall
Concrete Works’ price is $193/LF compared to $125 for the second lowest price (Castle Rock) and the
Engineer’s estimate of $40. In our estimation, the price is high but not unreasonable for the tall retaining
wall along the NB Wadsworth to EB I-70 entrance ramp, but for some of the shorter walls, the price is
fairly high. As this item is so project dependent, comparing to cost data without the plans is of little use.
The locations in the plans called out for Removal of Wall appear to match the bid quantities, so unless
there is a missing wall or walls in the plans, there shouldn’t be a significant potential to cause a pricing
overrun.
403-34741 Hot Mix Asphalt (Grading SX) (75) (PG 64-22)
This price sticks out as Concrete Works provided a price for the typically more expense HMA (G SX) (100)
(PG 76-28) of $105/ton vs this pricing of $235/ton. Reviewing the plans and where this asphalt will be
placed, it’s reasonable to compare this more closely to a patching item as the contractor will be placing
this in small areas with small quantities. Taking $235/ton and comparing it to historical cost data for
HMA (Patching), that price would be in the 60th percentile of patching pricing since 2019 (and $5 lower
than Concrete Works’ pricing for patching). The plans do count for irregularities of roughly 5%, but with
the small quantities at numerous locations I would expect closer to 10-15% irregularities. That puts the
potential pricing overrun between the base bid and options 1 and 2 at $40,773 (173.5 tons x $235).
608-00026 Concrete Bikeway (6 Inch)
There is no good cost data to compare Concrete Works’ price of $137/SY to but it sticks out as compared
to their price of Concrete Sidewalk (6 Inch) at $49/SY and their Concrete Pavement (6 Inch) at $50/SY. It
will be a little more difficult than typical flatwork and potentially require a pump, which would raise the
cost. Ultimately, the planned quantity checks out and the area where this is paid is well defined due to
the typical seconds on Sheet 15, so there is little to no risk.
609-40130 Curb (Median) (Special)
Concrete Works’ price of $629/LF is nearly three times the price of the next highest bidder. The detail
for the Curb (Median) (Special) is essentially the Curb Type 2 (Section B) (Special) just set back to back.
The plans are a little tricky to understand as this detail isn’t called out well in the landscaping plans, but
the lengths were double checked, and everything checks out. No significant risk.
630-00007 Traffic Control Inspection
Concrete Works’ price of $532/day is significantly higher than expected. The historical cost data for 2019
to present shows this price as over double the average ($243) and in the 96th percentile of over 200
projects. There is a seemingly obvious error in the quantities that Concrete Works may or may not have
recognized that will likely result in a higher construction price. By the CDOT specifications (630.17) a
TCM day is any day where there is active traffic control (this includes flagging and/or setting
up/removing construction zones), and a TCI day is any day where there are devices on site as shown on
an MHT but there was no active traffic control.
So, the project should essentially have somewhere around 825 days combined TCM + TCI as that is the
number of calendar days they will have to complete the project. Between the base bid, option 1, and
option 4, there are 170 days of TCI and 340 days of TCM. That leaves somewhere around 315 calendar
days unaccounted for that the contract will reasonably be able to claim as either TCI or TCM (likely
mostly TCI). Assuming only TCI days, we will have up to a $167,580 overrun ($283,500 if TCM).
630-80355 Portable Message Sign Panel
Concrete Works’ price of $14,752 is in the 97th percentile since 2019, but there is very little risk
associated with this item as we have control of where these are placed and we only pay the maximum
number that are out at any given time. We have 16 planned including the two bid options, and it is more
likely we underrun that quantity versus overrunning it.
Summary
Generally, the overall bid price as well as individual unit prices were found to be reasonable and we did
not find any reason to doubt the integrity of Concrete Works low bid. As discussed above, there are a
small handful of items that were appreciably higher than the other contractors, the engineers bid, and
cost data, so during the construction phase of the project we will monitor the field conditions and
quantities closely. Based on
Our analysis was done with the best available data to AECOM including the bid plans and specifications
as well as the bid data provided. During construction we may find