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HomeMy WebLinkAboutCity Council Meeting Agenda 09-13-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO September 13, 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 September 13, 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: 845 6856 6956 and Passcode: 944754 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 23, 2021 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Arvada Wheat Ridge Service Ambassadors for Youth Twentieth Anniversary National Hispanic Heritage Month – September 15 to October 15 PUBLIC’S RIGHT TO SPEAK a. 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. CITY COUNCIL AGENDA: September 13, 2021 Page -2- b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. 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. Resolution No. 42-2021, a resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-motorized Trail Grant for Bass Lake Boardwalk Improvements b. Resolution No. 45-2021, a resolution in support of an application to the Colorado Department of Local Affairs Affordable Housing Strategies Planning Grant Program for a Wheat Ridge Housing Strategy and Action Plan PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 44-2021, a resolution approving a major subdivision at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) Zone District (Case No. WS-21-03/Judy Townhomes) 3. 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 ORDINANCES ON FIRST READING 4. Council Bill No. 16-2021, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property (Case No. ZOA- 21-02) 5. Council Bill No. 15-2021, an ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem DECISIONS, RESOLUTIONS, AND MOTIONS 6. Resolution No. 43-2021, a resolution authorizing submittal of an application to the Jefferson County Open Space Land Conservation Partnership Program for funding to support the acquisition of 4100 Gray Street, and in connection therewith, approving the acquisition by the City of real property for addition to Randall Park CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 23, 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 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 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Mark Westberg, Project Manager, Karen O’Donnell, Director of Parks and Recreation other staff, guests and interested citizens. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of August 9, 2021 the Special Study Session Notes of August 9, 2021, and City Council Study Session Notes of August 2, 2017 and August 16, 2021 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES Mayor Starker read and presented two Proclamations: National Suicide Prevention Awareness Week – September 5-11 Samantha Taylor, Youth Suicide Prevention Manager, Jefferson County Mental Health came to accept the Proclamation. The proclamation focuses on both Suicide Prevention Month and Suicide Prevention Week, to use every available means to prevent suicides. The first celebration of these events was in 1975. The Proclamation encourages everyone to take action to reach out to their friends and loved ones to get them help when we think they need help. Ms. Taylor expressed her gratitude for the City Council Minutes August 23, 2021 page 2 Proclamation, but more so the message that the Proclamation sends to us all to be aware and helpful when we see the need or the possibility of a need. Constitution Week – September 17–23 The Proclamation celebrates the 233-year-old Constitution of the United States, which is the oldest and most comprehensive political document to protect individual rights and liberties, the rule of law and free and fair elections in the world. PUBLIC’S RIGHT TO SPEAK Second Opportunity for Members of the Public input on the 2022 Budget 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 Julie DiTullio, Jefferson Center for Mental Health, 4851 Independence St., came to report on the Carnation Mile fund raiser held this past weekend. She thanked the volunteers, City staff and Councilmembers who made the event not only possible but also successful. She thanked Councilmembers who donated their discretionary funds to support the event, and by that generosity support the Jefferson Center. Note about Wheat Ridge Speaks: Members of the Public 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 members of the public 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 related to this Council session. 1. CONSENT AGENDA Discussion began at approximately 7:14 PM Councilmember Nosler Beck introduced the 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 City Council Minutes August 23, 2021 page 3 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 Motion by Councilmember Nosler Beck to approve Consent Agenda Items a.), b.), and c.) Seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None for tonight ORDINANCES ON FIRST READING Discussion began at approximately 7: PM 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. Councilmember Stites introduced Council Bill 14-2021. 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. Motion by Councilmember Stites 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 Monday, September 13, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication, seconded by Councilmember Hoppe, motion carried 8-0. City Council Minutes August 23, 2021 page 4 DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:22 PM 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 Councilmember Hultin introduced the motion. 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. Staff Presentation Project Manager Mark Westberg, gave a detailed presentation on the advertisement, bidding and construction process, including the financial impacts and scope of work to be involved. Public Comment No one came forward to speak. Council Questions Councilmembers thanked the staff for their work long and hard work on this project. Councilmember Hultin asked what the plans are for resident education and community outreach focused on the plans and impacts of the construction. Mr. Westberg addressed the issues related to traffic on Wadsworth and detours through neighborhoods. The Councilmember then asked about specific methods to curtail diverted traffic during the construction phase, such as speed bumps and temporary signals. Again, Mr. Westberg gave a detailed explanation supported by an explanation of next steps from Mr. Goff. Councilmember Nosler Beck asked that the City prioritize and act on temporary speed limit reductions in neighborhoods especially near schools, to protect the public, especially our children. Councilmember Urban asked a detailed question about the $1.5 million contingency fund. Mr. Westberg explained who controls this fund and how. Councilmember Hutchinson asked about the estimated timeline to complete the entire project. Mr. Westberg gave a date of the end of 2023. City Council Minutes August 23, 2021 page 5 Motion by Councilmember Hultin 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, seconded by Councilmember Urban, motion carried 8-0. Councilmember Hoppe asked about when the hotline for residents will open; Mr. Goff answered this October. Councilmember Hultin thanked the staff for their hard work and for including bicycle pathways in both directions along Wadsworth. CITY MANAGER’S MATTERS Nothing this evening. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick provided an update on the November 2, 2021 municipal election. Today was the last day for prospective candidates to submit nominating petitions to the Office of the City Clerk. One race, if all petitions are found sufficient, will have to candidates, Mr. Ihor Figlus and Councilmember Amanda Weaver. The other three Council seats and the Office of Mayor will be uncontested, unless write-in candidates come forth before August 30, 2021. Councilmember Nosler Beck announced the Mid-Century Modern Home tour, this Saturday, August 28 in person from 1:00-5:00 pm, and online August 28 through September 4. Councilmember Dozeman welcomed our youth back to their schools and asked the public to drive carefully. This Thursday evening Local Works will host any event from 5:00-7:00 p.m. at Clear Fork Cider along with a food truck offering street tacos. Councilmember Hultin announced that a local business, Rhythm Cycles, has moved to a larger building on 44th Avenue. She also thanked Councilmember Weaver for leading a community Regenerate Wheat Ridge event on bees and beekeeping as part of the urban agriculture efforts. Harvest Festival is scheduled for October 15th. Councilmember Weaver thanked our Parks and Recreation staff for all of their work and support of the Regenerate WR programs. She announced a dumpster day and district 3 meeting at Louise Turner Park this Saturday August 28 from 9 to approximately noon. Electronics and mattresses are ineligible for this program. Councilmember Stites echoed Councilmember Weaver’s announcement. Applewood is having an open house on Wednesday, September 1st. from 4:30 to 6:30 p.m. at Trinity Church and Wednesday, September 8, also 4:30-6:30 p.m. at the Wheat Ridge Rec Center. These sessions will conclude the second phase of What’s Up Applewood, and all residents and other members of the public are welcome to attend. City Council Minutes August 23, 2021 page 6 Councilmember Hoppe reminded us that we have a 24-hour walk-in Crisis Center operated by Jefferson Center for Mental Health at 46th Ave and Wadsworth; at 4643 Wadsworth Blvd. The Mayor thanked the folks who put on the event last Wednesday related to bees and beekeeping, He wished Mr. Westberg and the Comm Dev staff good luck on the Wadsworth redevelopment project. Please, be aware that we have traffic diverted by construction in our City, so please, drive carefully, especially for our children. The meeting adjourned at 7:47 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON September 13 , 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. PROCLAMATION ARVADA WHEAT RIDGE SERVICE AMBASSADORS FOR YOUTH TWENTIETH ANNIVERSARY WHEREAS, Arvada Wheat Ridge Service Ambassadors for Youth was founded in 2001 by Duane Youse and Bill Johnson, Arvada residents, and Diane Hegeman, Dean of the Arvada Campus of Red Rocks Community College; and WHEREAS, the mission of this volunteer driven organization is to facilitate the ongoing recognition, educational and leadership opportunities for Arvada and Wheat Ridge youth who have overcome adversity; and WHEREAS, the purpose of this organization is to ensure that youth who have overcome adversity receive public recognition and opportunities to help them achieve their potential; and WHEREAS, from 2001 to 2021, a total of 1,538 youth of Arvada and Wheat Ridge communities have been recognized by this organization in annual ceremonies, have been issued certificates of recognition and had their names placed in the United States Congressional Record; and WHEREAS, from 2001 to 2021, a total of 401 of the recognized youth have been awarded scholarships to Red Rocks Community College; and WHEREAS, Arvada Wheat Ridge Service Ambassadors for Youth will be celebrating its twenty years of existence and the many contributions it has made to the betterment of Arvada and Wheat Ridge in a celebratory event in the Community Room at Red Rocks Community College in Lakewood on October 21, 2021, from 5:30 to 8:30 p.m. NOW, THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council wishes to recognize Arvada Wheat Ridge Service Ambassadors for Youth, to honor its founders and the volunteers from twenty community organizations who have sustained this organization for two decades, and to congratulate the young people who have become confident members and leaders of our community because of this unique and special program. IN WITNESS THEREOF on this 13th day of September 2021. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL HISPANIC HERITAGE MONTH September 15 to October 15, 2021 WHEREAS, Hispanic Americans have contributed greatly to our nation in all areas including science, art, music, sports, education, and public service; and have bravely served their country in large numbers in times of peace, war and in every way in our nation’s history; and WHEREAS, in 1968, Congress authorized President Lyndon B. Johnson to proclaim National Hispanic American Heritage Week and this observance was expanded in 1988 to a month-long celebration; and WHEREAS, during this month, Americans celebrate the traditions, ancestry, and unique experiences of those who trace their family background to Spain and Latin American countries; and WHEREAS, twenty-one percent of Wheat Ridge residents identify as Hispanic or Latino; and WHEREAS, throughout our history, Hispanic Americans have enriched the American way of life and we recognize the millions of Hispanic Americans whose love of family, hard work, and community have helped unite us as a nation; and WHEREAS, accomplishments made by Hispanic Americans serve as an inspiration to all who seek freedom, opportunity, and a new beginning for themselves and their children. NOW, THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council wishes to recognize September 15 to October 15, 2021 as “National Hispanic Heritage Month” and encourage residents of Wheat Ridge to celebrate the cultural, professional, educational, and civic contributions of the Hispanic community. IN WITNESS THEREOF on this 13th day of September 2021. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 42-2021 – A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A 2022 COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR BASS LAKE BOARDWALK 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 Colorado Parks and Wildlife (CPW) Non-Motorized Trails grant for maintenance work on the boardwalk around Bass Lake. The maintenance work would include addressing uneven surfacing, sinking crossbeams, and replacing specific concrete pillars and wooden parallel support beams. A resolution of support is required from City Council to apply for this grant. PRIOR ACTION: The initial construction and 2009 replacement of the boardwalk was supported by City Council. A letter of support request has been sent to the Parks and Recreation Commission for their consideration of supporting the project. FINANCIAL IMPACT: The staff estimate for this work is approximately $100,000. The grant program requires a minimum 25% match, of which 10% or more must be cash. If the grant proposal is awarded funding, the City’s contribution would be between approximately $10,000 to $25,000, with the remaining $90,000+ coming from Colorado Parks and Wildlife. Council Action Form - CPW Non-Motorized Trail Grant Support September 13, 2021 Page 2 BACKGROUND: The boardwalk on the south side of Bass Lake in the Wheat Ridge Greenbelt requires maintenance. The boardwalk is popular with open space users as an area for bird and wildlife viewing. This project will improve the existing boardwalk around the southern perimeter of Bass Lake. The boardwalk was most recently replaced in 2009. This project would not be a full replacement, but rather spot-specific maintenance as needed. There are no current user-safety concerns, however if these issues are not addressed, they could develop into user-safety concerns. RECOMMENDATIONS: The Parks and Recreation Department recommends that Council approve this Resolution. This application, if awarded funding, would offset the majority of the costs of this project with state CPW funds rather than City funds. A viable alternative is to pursue other grant opportunities for this project, pursue this grant in future years, and/or pay for the maintenance project in a future budget year with 100% City funds. RECOMMENDED MOTION: “I move to approve Resolution No. 42-2021, a Resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for Bass Lake Boardwalk improvements.” Or, “I move to postpone indefinitely Resolution No. 42-2021, a Resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for Bass Lake Boardwalk improvements for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 42-2021 2. Colorado Parks and Wildlife Non-Motorized Trail Grant Maintenance Application 3. Project Maps-Bass Lake Wildlife Trail and Boardwalk Maintenance CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2021 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A 2022 COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR BASS LAKE BOARDWALK IMPROVEMENTS WHEREAS, the City of Wheat Ridge wishes to pursue an application for the Colorado Parks and Wildlife 2022 Non-Motorized Trail Grant for the purposes of contracting with a general contractor to perform maintenance and improvement work on the Bass Lake Wildlife Trail/Boardwalk; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, complete the maintenance project as described in the application by implementing grant funding supported by in-kind and cash funding; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, manage long-term maintenance on the project and property; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, maintain ownership of the property on which the feasibility assessment project is to occur (Bass Lake-adjacent shoreline) for at least 25 years. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of September 2021 Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 2022 Non-Motorized Trails Grant Application The Colorado State Recreational Trails Grant Program funds projects for recreational trail grants, trail planning and trail support. This program is a partnership among: •Colorado Parks and Wildlife •Great Outdoors Colorado (GOCO) •The Federal Recreational Trails Program (RTP) •The Land and Water Conservation Fund (LWCF) Grant Information Submit completed applications to: dnr_trails@state.co.us Applications may also be submitted via Dropbox. Contact a staff member for the link. Mail 1 hard copy to: Colorado Parks and Wildlife State Trails Program 13787 U.S. Hwy. 85 N., Littleton, CO 80125 If you are unable to submit electronically, include your completed application on a CD or thumb drive with your hard copy. Do not bind or staple your application. Paper clips are acceptable. For further information or guidance on the application process, please contact: Pam O’Malley Fletcher Jacobs Non-Motorized Grants Administrator State Trails Program Manager 303-791-1957 x4131 303-791-1957 x4129pam.omalley@state.co.us fletcher.jacobs@state.co.us For guidance on project development, please contact the appropriate Colorado Parks and Wildlife Regional Trail Coordinator: •Northeast Region: Ben Plankis (720) 582-6948, benjamin.plankis@state.co.us •Southeast Region: Luke Svare (719) 355-9405, lucas.svare@state.co.us •Northwest Region: Randy Engle (970) 434-6862 x4221, randy.engle@state.co.us •Southwest Region: Josh Stoudt (303) 548-8206, joshua.stoudt@state.co.us APPLICATION DEADLINE: Monday, October 4, 2021 ATTACHMENT 2 EXHIBIT A The final application you submit to State Trails will include the following documents presented in the order listed below: 1.Resolution from Governing Body 2. Application Checklist 3.Exhibit A – Application with complete answers in each category. Limit 1 PAGE PER QUESTION, MINIMUM 12pt. FONT 4.Exhibit B – Project Budget (Excel format only, unprotected) 5.Environmental Forms (Non-Federal Check List OR Federal Environmental Form) 6.Vicinity and Project Maps 7.Photographs 8.Letters of support All forms, eligibility criteria and other resource documentation are available on our website: http://cpw.state.co.us/aboutus/Pages/TrailsGrantsNM.aspx ** APPLICANT ORAL PROJECT PRESENTATION ** Applicant representatives (1-2 people) will appear in person (or possibly via remote web conferencing) to present their proposal to the subcommittee members. Applicants will have a 15- minute window with a 5-minute question period. Presentations will be scheduled during the January subcommittee meetings in the Denver area. Eligible applicants will be notified of their assigned day and time. Grant application and funding timeline: August 2 – October 4, 2021: Grant applications available on the CPW website September 7, 2021: Basic project scope and map emailed to Area Wildlife Manager and Trails Program email (dnr_trails@state.co.us) October – December 2021: CPW staff and subcommittee preliminary review January 2022: Applicant presentations to subcommittees January 2022: State Trails Committee reviews recommendations from subcommittees March 2022: CPW Commission makes the final decision on funding April – June 2022: Contracts/POs are prepared and distributed to awarded project applicants MANDATORY: Signed letter of resolution from the Governing Body that includes resources/support committed to the project Exhibit A - Application Exhibit B - Budget (Unprotected Excel CPW form) Maps/Photos/Graphics uploaded as PDF document(s) Letters of Support (maximum of five) uploaded. No letters from clubs, groups or individuals who are specifically working on the project. No letters from CPW staff. Project should be completed within 2.5 years from receiving grant Required MATCH funding is secured, including CASH match funds. If committed, but not yet secured at time of application, note details in the comments section below. CPW Area Manager was contacted about the project by September 7, 2021 and the applicant has discussed the project with them. ALL projects will be reviewed for wildlife impacts Project area is owned by a public land agency or has an easement that designates the area to be open to public outdoor recreation for at least 25 years. Formal Environmental Assessment (EA) or NEPA has been completed with final approval for the project area (federal lands only, include link to EA). Construction projects have been evaluated for required permits. If required, permits have been acquired (404 permit, etc.) ADDITIONAL PROJECT HIGHLIGHTS: Youth Corps or youth organization will be used on the project (name of organization) Volunteers will be utilized on the project (name of organization) Comments CONSTRUCTION OR MAINTENANCE GRANT APPLICATION CHECKLIST NON-MOTORIZED MAINTENANCE APPLICATION Applicant or Organization Name: Complete Mailing Address: Applicant Lead Contact Name: Title: Telephone: Email: Is this the primary contact for this grant: EXHIBIT A Project Description Previous CPW grants awarded (last 3 years) List award year, category and project name LAND OWNERSHIP 1.Provide the name/s of the property owners: 2. The trail corridor is controlled by: Fee Simple Lease Easement License Right-of-Way Other: USER INFORMATION (Please check all that apply) Hiking Motorcycling Equestrian Walking Four-Wheeling ADA Accessible Running All-Terrain Vehicle Paddling Skateboarding Snowmobiling Other In-Line Skating Snowshoeing Other Biking X-Country Skiing Other TRAIL SURFACE Asphalt Concrete Other Natural Crusher Fines Other PROJECT LOCATION (For multiple project sites attach a separate list.) Nearest Town or City: County: Latitude & Longitude Coordinates (in decimal degrees): State Congressional District (https://www.govtrack.us/congress/members): Please fill out all the applicable categories for your project: Acreage of new trailhead Miles of trail being planned Miles of new trail construction Miles of trail maintenance Miles of inter-connecting trail Miles of trail reroute Miles of trail to be decommissioned Miles of trail to be restored Miles of trail to be signed Miles of trail grooming Other Other Applicant Authorized Signature: ______________________________________Date: _____________ (From Applicant Organization) Land Agency Authorized Signature: ___________________________________Date: _____________ (From project location land agency, if different from applicant) EXHIBIT A Preliminary Timeline Estimate – Construction/Maintenance Provide a timeline estimate using the following form. Remember that the project is to be completed within two and a half years of the award date. Any proposed changes, including extensions or modifications in the project timeline, must be requested in writing and approved in advance by the State Trails Program. TASK Jun-Sep 2022 Oct-Dec 2022 Jan-Mar 2023 Apr-Jun 2023 Jul-Sep 2023 Oct-Dec 2023 Jan-Mar 2024 Apr-Jun 2024 Jul-Sep 2024 Oct-Dec 2024 Example [Project Initiation] Example [Mobilization] Example [Construction] Administrative Close-Out Grand Opening EXHIBIT A MAINTENANCE GRANT SCORING CRITERIA All applicants must respond to the following selection criteria questions in eight pages or less. Use the numbered blank pages at the end of this section. This application will be scored on a 100- point basis. The maximum number of points that can be awarded for each question is shown in parentheses. Outside reviewers and State Trails staff will review each project. Projects will be ranked according to reviewer and staff scores. Grant review subcommittee members review and score grant applications based on the totality of information available. This may include not only the answers provided to the application questions, but also additional information provided to the review subcommittee from agency staff and subcommittee member knowledge and information that is relevant to the proposed project. Failure to provide a response to any question (unless otherwise noted) will reduce your project’s score. Please read and understand all application questions prior to answering. Respond in 12-point font. Reference all attachments. SCOPE (15 Points Total) 1.Describe the proposed project including the length/width of trail maintenance, any major components necessary to complete the trail such as maintenance materials, under/overpasses, bridges, trail heads, trail sections that will be maintained, number of maintenance features, etc. –describe exactly what will be maintained and/or built. Discuss the ownership status of the trail corridor and any easements or land acquisitions that have been acquired for the trail. Address each trail component separately, specifically mentioning its characteristics. Describe the state of the existing trail, why it is no longer acceptable, and how it has arrived at its current condition it is in. Have trail reroute options been considered for current on-the-ground unsustainable trails and trail sections in the project area? If so, describe the length and distance of the reroute and the relationship to the existing corridor. Are there plans to decommission and/or restore these unsustainable trail sections? Briefly discuss how this project maintains trail loops, links, or improves and/or restores trail use and connectivity to other trails, park areas, outdoor recreation opportunities, and/or other public recreation and community centers. Please include a few site photos and a map of the area. NEED (15 Points) 2.Describe why this maintenance project is important at this time (resource damage, user safety, increased trail usage, etc.) and how this project will meet those needs. What is the Operations and Maintenance plan for the project area? Describe how the project will be maintained and managed for long-term sustainability. Describe the community this project will serve and provide population and economic data. Discuss the significance of the trail segment to users. List each user group and estimate their percentage of overall trail use, e.g., bicyclists – 40%, hikers – 50%, equestrian – 10%). How did you arrive at those estimates? Describe the project’s urgency. Why are CPW State Trails funds necessary to complete this project? What opportunities are lost if the grant is not awarded? EXHIBIT A PLANNING/SUSTAINABILITY (45 Points Total) 3.Planning and Prioritization Process (15 points)Discuss why this is being pursued at this time. What best management practices were used during the planning process to ensure that the trail and its amenities will be sustainable? What design practices were used to ensure that the project will meet current and future use levels? How were wildlife and natural resource impacts addressed in the planning process? Have CPW wildlife specialists provided input or consultation on this project? 4.Financial Sustainability (15 points) Is this a multi-phased project, and if so, how many phases is it and how will future phases be funded? Has an Operations and Maintenance plan been developed for the project areas? If so, please explain the plan in detail. Estimate the annual costs to maintain the project. How did you derive at those numbers and how do you intend to fund long-term maintenance? Who will be responsible for maintenance? Will funds from the State Trails grant program be requested for this trail project in the future? 5.Wildlife and Natural Resources (15 points)How were CPW staff engaged in the planning process? How were impacts to wildlife and habitat evaluated, avoided, and/or minimized? What factors were considered to avoid large blocks of less disturbed sensitive environmental resources such as wildlife habitat or wetlands in the planning process? What aspects were considered to evaluate wildlife connectivity across the landscape and to avoid and/or minimize the potential for fragmentation? PUBLIC COMMENT (10 points) 6.Public notification is mandatory for all projects. Projects without public involvement arenot eligible for rating.What community collaboration has taken place to determine maintenance priorities (regular meetings, public meetings, working groups, etc )? How was it determined that this maintenance project is a priority for the land management agency and trail users? Describe the public planning process that identified the maintenance of this trail(s) as a priority. Summarize the feedback received from the public and how it was determined that your constituents want and will use the project. Has this project been deemed a priority by any other agencies or given any significant designations? Describe any received opposition to the project and how the concerns have been addressed. EXHIBIT A ABILITY (15 Points Total) 7.Matching Funds and Partnerships (10 points) Discuss partnerships established for this project and their contributions. Discuss the sources of matching funds. How much match is secured beyond the required 25%? How much of it is yet to be raised and what are your plans for raising those additional funds? Submit letters of commitment/support from landowners and/or funders as a separate attachment (resolution from the governing body should include support and resource commitment; a separate support letter is not required). Beyond these letters, you may submit up to 5 letters of non-funding support. 8.Contingency/Ability (5 points) What other funding sources have been dedicated or are anticipated to be dedicated to this project? Will applicant and/or partner funds be lost if State Trails funds are not awarded? If you are not awarded State Trails funding, what measures will be taken to complete the project? Describe your ability to complete the specific grant transaction(s) that will be necessary to accomplish this project. Please provide examples (if any) for grant projects of similar magnitude that demonstrate your ability to manage the requested level of grant funding; including the project title, grantor, award amount, and year the project was funded. Were the necessary reporting and closeout requirements completed in a timely manner? How well was it managed from your perspective? EXHIBIT A 1.SCOPE (15 Points Total) EXHIBIT A 2.NEED (15 Points) EXHIBIT A 3.PLANNING/SUSTAINABILITY (Planning and Prioritization Process) (15 points) EXHIBIT A 4.PLANNING/SUSTAINABILITY (Financial Sustainability) (15 points) EXHIBIT A 5.(PLANNING/SUSTAINABILITY) Wildlife and Natural Resources (10 points) EXHIBIT A 6.(PUBLIC COMMENT) Public notification is mandatory for all projects (10 points) EXHIBIT A 7.(ABILITY) Matching Funds and Partnerships (10 points) EXHIBIT A 8.(ABILITY) Contingency/Ability (5 points) Bass Lake Wildlife Trail and Boardwalk Maintenance City of Wheat Ridge; CPW Non-Motorized Trails Grant Application 4.GIS Maps ATTACHMENT 3 Bass Lake Wildlife Trail and Boardwalk Maintenance City of Wheat Ridge; CPW Non-Motorized Trails Grant Application ITEM NO: 1b DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 45-2021 – A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS AFFORDABLE HOUSING STRATEGIES PLANNING GRANT PROGRAM FOR A WHEAT RIDGE HOUSING STRATEGY AND ACTION PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The Community Development Department is applying for a grant from the Colorado Department of Local Affairs (DOLA) Affordable Housing Strategies Planning Grant Program to complete a City of Wheat Ridge housing strategy. If awarded, the funds would be used for a consultant-supported strategy that includes a housing needs assessment, articulation of City housing policy, and action plan. DOLA is encouraging a resolution of support from the City Council to be included with the grant application. PRIOR ACTION: None FINANCIAL IMPACT: The grant is estimated to be approximately $90,000 to $150,000 depending on the scope of work. The grant requires a 25% local match which will require a supplemental budget appropriation from General Fund undesignated reserves if the City is awarded the grant. Council Action Form – Support for DOLA Affordable Housing Grant Application September 13, 2021 Page 2 BACKGROUND: State House Bill 21-1271 establishes a new program to support local governments in developing affordable housing strategies; the program is administered by the Department of Local Affairs (DOLA). This DOLA program recognizes that affordable housing is one of the biggest issues facing the state. The City has minimal adopted policies addressing affordable housing, nor any recent housing-related community-specific analysis or programmatic guidance. The City’s comprehensive plan is from 2009 and is still a couple years from being updated; the Housing Diversification Study was adopted in 2014, but it is not specifically focused on affordable housing and much has changed in the Wheat Ridge housing market in the intervening 7 years. Jefferson County periodically completes community needs assessments, but it is not specific to Wheat Ridge. This lack of guiding documents coupled with an increasing concern about this issue from residents and City Council members means this DOLA program represents a well- timed opportunity to advance a City-specific strategy on affordable housing. In the 2021 Resident Survey, residents rated “availability of quality affordable housing” 23rd of 25 community features. In other words, community members view housing affordability as an area needing improvement. In the Let’s Talk Resident Engagement Program, housing choice and affordability is one of the key issues emerging from the over 800 residents City staff has engaged with so far in the first four of ten neighborhoods. Bel Aire and East Wheat Ridge residents recently ranked “broadening housing options” as #2 of 9 possible City action items and Applewood and Leppla Manor residents are similarly raising housing choices as a key concern. This topic was also elevated to a City Council special study session on September 13. The purpose of the attached resolution is to obtain Council support in applying for a grant; it does not obligate the local match. If awarded, the grant funds would be administered by the Community Development Department to hire a consultant to complete the housing strategy. The details and process for such a strategy will be refined over the next few months, but would likely include a housing market assessment, problem definition, articulation of the City’s housing policies, and a market-based action plan in consultation with key stakeholders. This state-wide DOLA program has about $6.8 million available with individual awards expected to range from $50,000 - $200,000. DOLA reviews applications starting on September 20. RECOMMENDATIONS: Staff recommends approval of this resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 45-2021, a resolution in support of an application for a grant from the Colorado Department of Local Affairs Affordable Housing Strategies Planning Grant Program for a City of Wheat Ridge housing strategy and action plan.” Or, Council Action Form – Support for DOLA Affordable Housing Grant Application September 13, 2021 Page 3 “I move to postpone indefinitely Resolution No. 45-2021, a resolution in support of an application for a grant from the Colorado Department of Local Affairs Affordable Housing Strategies Planning Grant Program for a Wheat Ridge housing strategy and action plan for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Jeff Hirt, Senior Neighborhood Planner Lauren Mikulak, Planning Manager Ken Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 45-2021 2. DOLA Innovative Housing Strategies: Planning Grant Program Guidelines CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45 Series of 2021 TITLE: A RESOLUTION IN SUPPORT OF AN APPLICATION TO THE COLORADO DEPARTMENT OF LOCAL AFFAIRS AFFORDABLE HOUSING STRATEGIES PLANNING GRANT PROGRAM FOR A WHEAT RIDGE HOUSING STRATEGY AND ACTION PLAN WHEREAS, the City of Wheat Ridge has learned through recent community engagement that housing affordability and choice is one of the City’s most significant issues; and WHEREAS, the State of Colorado has recognized that housing affordability is one of the biggest issues facing the state by enacting House Bill 21-1271 that creates grant opportunities for local governments to address this issue; and WHEREAS, the City of Wheat Ridge has limited policy and programmatic guidance to address the issue of housing affordability and diverse housing choices in the City; and WHEREAS, the City of Wheat Ridge wishes to submit an application for the Department of Local Affairs Innovative Housing Strategies Grant Program to create a Wheat Ridge housing strategy and action plan; 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 Department of Local Affairs Innovative Housing Strategies Grant Program. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of September 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 2 DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 44-2021 – A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 5725-5785 W. 38TH AVENUE IN THE MIXED USE – NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WS-21-03 / JUDY TOWNHOMES) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision on property located at 5725 and 5785 W. 38th Avenue. The purpose of the request is to subdivide the property into 26 townhome lots in a total of four buildings, plus two tracts. The plat is required to divide the property, allowing each townhome in the development to be owned separately. PRIOR ACTION: Planning Commission heard the request at a public hearing on September 2, 2021 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Council Action Form – Major Subdivision at 5725-5785 W. 38th Avenue September 13, 2021 Page 2 FINANCIAL IMPACT: Fees in the amount of $1,473 were collected for the review and processing of Case No. WS-21- 03. Permit fees and use tax will be paid at time of building permit for future development. Fees- in-lieu of parkland dedication totaling $48,518.88 are due at time of building permit. BACKGROUND: The site is located at the northwest corner of W. 38th Avenue and Eaton Street and is 54,999 square feet in size. It currently contains three (3) lots, two of which are addressed as 5725 W. 38th Avenue containing a single-family home built in 1933, and one addressed as 5785 W. 38th Avenue which contains a single-family home built in 1936. The property is zoned Mixed Use – Neighborhood (MU-N), as are most of the properties on the 38th Avenue corridor, having been subject to a legislative rezoning of the corridor in 2012. Properties to the north along Eaton Street are zoned Residential-One A (R-1A) and to the northeast, Residential-Three (R-3), and primarily contain single-family homes. The InCarnation development is to the northwest and is zoned R-3 and contains a mix of townhomes and single-family homes. A small strip to the west of the site is zoned Neighborhood Commercial (NC) but is actually owned by the InCarnation development and includes a shared pedestrian pathway as well as provides vehicular access to the rear of some properties that front on Eaton Street. Key components of the subdivision are described below. The plat document and additional details are included in the Planning Division staff report. The purpose of a subdivision plat is not to review specific site plan or architectural details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. Lot Configuration The subdivision creates 26 townhome lots across 4 buildings, which will allow the developer to sell the units individually. It also creates two tracts: 1) Tract A which is a 6.5-foot wide strip of land along the Eaton Street frontage to allow for the construction of public improvements and dedication of right of way, and 2) Tract B which contains all of the common areas for the development including alleys, pedestrian pathways, open space and buffers, public utilities, and access easements. New development on the site is required to comply with the MU-N development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. The MU-N zone district does not have minimum lot size or width requirements, but is limited by the overall Charter density limits of 21 units/acre. After right-of-way dedication the total site size is 1.2383 acres, which allows a total of 26 dwelling units on the site. The townhome use is permitted by the underlying zoning and compatible with the nearby multifamily development and surrounding commercial uses on 38th Avenue. The site also exceeds the minimum setback requirements on the north side for townhomes adjacent to single-family uses. Council Action Form – Major Subdivision at 5725-5785 W. 38th Avenue September 13, 2021 Page 3 Attached residential development (single-attached dwellings such as townhomes) requires the following configurations, which this development meets: 1) buildings may contain no more than 8 side-by-side units, and 2) for units adjacent to public streets, front doors shall be located on the façade that faces the public right-of-way. Through review of the site plan and subdivision, staff has determined both requirements are met. Easements Several easements are created by this plat to allow adequate infrastructure and access: • Tract B contains a blanket public utility easement for wet and dry utilities. • The alleys contain a 25- to 26-foot wide emergency access and private access easement. • Sanitary sewer and water easements are shown on the plat and will be granted by separate document. • The existing City of Wheat Ridge permanent easement along the 38th Avenue frontage will remain as-is. This easement acts as right-of-way and allows the City to maintain its sidewalk and other improvements. It has been in place since 2001. Public Improvements & Required Agreements The developer will construct public improvements within the dedicated right-of-way on Eaton Street, shown as Tract A, upgrading the existing frontage with a 5-foot attached sidewalk and curb/gutter. The improvements along W. 38th Avenue are existing and will not be modified, except the relocation of the existing wall. This decorative screening wall along the frontage will shift slightly south to better accommodate street facing entrances to the townhome units along that frontage. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right- of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements on the subdivision regulations (Article IV in Chapter 26 of the City Code, is consistent with the MU-N zoning requirements, and staff has confirmed that all utility agencies can serve the property. For those reasons, staff is recommending approval of the request. RECOMMENDED MOTION: “I move to approve Resolution No. 44-2021, a resolution approving a major subdivision at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. Council Action Form – Major Subdivision at 5725-5785 W. 38th Avenue September 13, 2021 Page 4 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat.” Or, “I move to deny Resolution No. 44-2021, a resolution approving a major subdivision at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 44-2021 2. Planning Division Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes 4. Public Comments for PC Meeting (Wheat Ridge Speaks) ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 44 Series of 2021 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 5725-5785 W. 38TH AVENUE IN THE MIXED USE – NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WS-21-03 / JUDY TOWNHOMES) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and WHEREAS, an application for a subdivision plat was received from Michael Padavic (Storybuilt) to subdivide property located at 5725-5785 W. 38th Avenue in the Mixed Use – Neighborhood (MU-N) zone district; and WHEREAS, all referral agencies have reviewed the request and can serve the property; and WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED MIXED USE – NEIGHBORHOOD (MU-N) LOCATED AT 5725-5785 W. 38TH AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and Lot Sale Restriction Covenant Agreement prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 13th day of September, 2021. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Planning Commission 1Case No. WS-21-03 / Judy Townhomes CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: September 2, 2021 (Planning Commission) /September 13, 2021 (City Council) CASE MANAGER: Scott Cutler CASE NO. & NAME: WS-21-03 / Judy Townhomes ACTION REQUESTED: Request for approval a major subdivision with 26 townhome lots. LOCATION OF REQUEST: 5725-5785 W. 38th Avenue APPLICANT/OWNER (S): Storybuilt (Storybuilt West 38th LLC and Storybuilt 5785 West 38th LLC) APPROXIMATE AREA: 54,999 square feet (1.2626 acres) PRESENT ZONING: Mixed Use – Neighborhood (MU-N) PRESENT LAND USE: Single-family ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WS-21-03 / Judy Townhomes JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WS-21-03 is an application for a major subdivision on property located at 5275 and 5785 W. 38th Avenue. The applicant is proposing to subdivide the existing three lots into 26 townhome lots in a total of four buildings, plus two tracts. Given the total number of lots, this request is a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow each townhome in the development to be owned separately. A site plan for the townhome development has been found approvable by the Community Development Department. Civil construction documents are under review and are nearing approval. These documents are not reviewed by Planning Commission or City Council as part of the subdivision application. Townhomes are a permitted use by right in the Mixed Use – Neighborhood (MU-N) zone district, and review of site plan and construction documents is administrative. Staff has found that all requirements of the MU-N zone district have been met, including site design, landscaping, and architecture, making the site plan application approvable. The purpose of the plat is to create lots lines that will enable individual ownership of the townhomes. II. EXISTING CONDITIONS The site is located at the northwest corner of W. 38th Avenue and Eaton Street (Exhibit 1, Aerial). The site is 54,999 square feet (1.2626 acres) in size and contains three total lots: • 5725 W. 38th Avenue (two lots): contains a single-family home built in 1933 • 5785 W. 38th Avenue (one lot): contains a single-family home built in 1936 The property is zoned Mixed Use-Neighborhood (MU-N), as are most of the properties on the 38th Avenue corridor having been subject to a legislative rezoning of the corridor in 2012(Exhibit 2, Zoning). Properties to the north along Eaton Street are zoned Residential-One A (R-1A) and to the northeast, Residential-Three (R-3). A small strip to the west of the site is zoned Neighborhood Commercial (NC) but is actually part of the InCarnation development that includes a shared pedestrian pathway connecting W. 38th Avenue to the neighborhood to the north. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of two pages (Exhibit 3, Judy Townhomes). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; and standard declarations and notes. The second page includes the plat map and data table which shows the proposed property lines and easements. Planning Commission 3 Case No. WS-21-03 / Judy Townhomes Lot Configuration The subdivision creates 26 townhome lots across 4 buildings, which will allow the developer to sell the units individually. It also creates two tracts: 1) Tract A which is a 6.5-foot wide strip of land along the Eaton Street frontage to allow for the construction of public improvements and dedication of right of way, and 2) Tract B which contains all of the common areas for the development including alleys, pedestrian pathways, open space and buffers, public utilities, and access easements. New development on the site are required to comply with the MU-N development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. The MU-N zone district does not have minimum lot size or width requirements, but is limited by the overall Charter density limits of 21 units/acre. After right-of-way dedication the total site size is 1.2383 acres, which allows a total of 26 dwelling units on the site. The townhome use is permitted by the underlying zoning and compatible with the nearby multifamily development and surrounding commercial uses on 38th Avenue. The site also exceeds the minimum setback requirements on the north side for townhomes adjacent to single-family uses. Attached residential development (single-attached dwellings such as townhomes) requires the following configurations, which this development meets: 1) buildings may contain no more than 8 side-by-side units, and 2) for units adjacent to public streets, front doors shall be located on the façade that faces the public right-of-way. Through review of the site plan and subdivision, staff has determined both requirements are met. Easements Several easements are created by this plat to allow adequate infrastructure and access: • Tract B contains a blanket public utility easement for wet and dry utilities. • The alleys contain a 25- to 26-foot wide emergency access and private access easement. • Sanitary sewer and water easements are shown on the plat and will be granted by separate document. • The existing City of Wheat Ridge permanent easement along the 38th Avenue frontage will remain as-is. This easement acts as right-of-way and allows the City to maintain its sidewalk and other improvements. It has been in place since 2001. Public Improvements The developer will construct public improvements within the dedicated right-of-way on Eaton Street, shown as Tract A, upgrading the existing frontage with a 5-foot attached sidewalk and curb/gutter. The improvements along W. 38th Avenue are existing and will not be modified, except the relocation of the existing wall. This decorative screening wall along the frontage will shift slightly south to better accommodate street facing entrances to the townhome units along that frontage. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Planning Commission 4 Case No. WS-21-03 / Judy Townhomes Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. The site is located in an Urban Renewal area, so the fee is $2,021.62 per residential unit paid at time of building permit issuance. Credit is given for the two single-family homes, so fees are required for the addition of 24 new units. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Wheat Ridge Engineering Division: The plat is approvable. Civil Construction documents are under review and must be approved prior to construction or issuance of building permits. Wheat Ridge Building Division: No comments at this time. Any future development will be required to obtain building permits that will be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments on the plat. The applicant will submit building permits to West Metro for review. Wheat Ridge Sanitation District: No remaining comments. Wheat Ridge Water District: No comments. Applicant to set up service and obtain approval from Denver Water. Xcel Energy: No remaining comments. Applicant to work with Xcel to establish service. Century Link: No concerns. Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout, including the proposed right-of-way dedication. Staff further concludes that the subdivision plat complies with the standards in Article IV of Chapter 26 of the City Code (subdivision regulations) and that all utility agencies can serve the property. The plat provides for development of a land use that is permitted by the underlying zoning. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-21-03, a request for approval of a major subdivision on property located at 5725 and 5785 W. 38th Avenue and zoned Mixed Use – Neighborhood (MU-N) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. Planning Commission 5 Case No. WS-21-03 / Judy Townhomes 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat. Option B: “I move to recommend DENIAL of Case No. WS-21-03, a request for approval of a major subdivision on property located at 5725 and 5785 W. 38th Avenue and zoned Mixed Use – Neighborhood (MU-N), for the following reasons: 1. ...” Planning Commission 6 Case No. WS-21-03 / Judy Townhomes EXHIBIT 1: AERIAL (2018) Planning Commission 7 Case No. WS-21-03 / Judy Townhomes EXHIBIT 2: ZONING MAP Planning Commission 8 Case No. WS-21-03 / Judy Townhomes Attached as an 11x17 document on the following page. EXHIBIT 3: JUDY TOWNHOMES WS-21-03 (PLAT) & WSP-21-03 (SITE PLAN) Planning Commission Minutes - 1 – September 2, 2021 PLANNING COMMISSION Minutes of Meeting September 2, 2021 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:01 p.m. This meeting was heldin person and virtually, using Zoom video-teleconferencing technology. As dulyannounced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Daniel Larson Janet Leo Scott Ohm Jahi Simbai Commission Members Absent: Will Kerns Ari Krichiver Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner ANTOL and seconded by Commissioner DISNEYto approve the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – June 17, 2021 and August 19, 2021 ATTACHMENT 3 Planning Commission Minutes - 2 – September 2, 2021 It was moved by Commissioner DISNEY and seconded by Commissioner OHM to approve the minutes of June 17, 2021, as written. Motion carried 5-0-1 with Commissioner ANTOL abstaining. It was moved by Commissioner SIMBAI and seconded by Commissioner DISNEY to approve the minutes of August 19, 2021, as written. Motion carried 5-0-1 with Commissioner LEO abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WS-21-03: an application filed by Storybuilt for approval of a major subdivision with 26 townhome lots in the Mixed Use-Neighborhood (MU-N) zone district and located at 5725-5785 West 38th Avenue. Mr. Cutler gave a short presentation regarding the subdivision and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Chris Auxier, Storybuilt Applicant 1882 W 137th Dr. Mr. Auxier gave a brief background about Storybuilt and how they like developing small boutique projects and given the opportunity the development would be cottage style townhomes. He explained that the area is perfect for their vision with the great amenities that are close to the property. Commissioner SIMBAI asked staff to clarify how the site exceeds the minimum setback requirements on the north side for townhomes that are adjacent to single family homes. Mr. Cutler explained that there is a requirement of a 15-foot setback on the north side of the property, but the applicant is proposing a 20-foot setback so there will be a larger green space. Commissioner SIMBAI asked how the parkland dedication and the credit for the two homes currently on the property works. Planning Commission Minutes - 3 – September 2, 2021 Mr. Cutler clarified that the two homes on the property will be demolished, but for purposes of parkland dedication the applicant will get credit for the existing homes. Ms. Mikulak added that the purpose of the parkland dedication is to acknowledge the net increase of dwelling units for the demand on parks. In response to a question from Commissioner OHM, Mr. Jefferies explained there are no crosswalks between Harlan Street and Depew Street on 38th Avenue and if one is warranted then a study would be done depending on the pedestrian traffic in the area. Ms. Mikulak added that there is a signalized intersection at Depew Street, so there is cross walk there. Commissioner OHM asked for concerns on Wheat Ridge Speaks about construction traffic to be answered. Mr. Cutler clarified that protections are in place for residents during construction including on-site construction hours limited to 7am to 7pm. He added that if construction is in the right-of way then construction hours are further limited to 7am to 5pm and does not include weekends. Mr. Cutler also confirmed there will be a pre-construction meeting with the applicant to go over requirements related to construction staging and parking. In response to a question about building orientation, Mr. Cutler also confirmed that Lot 18 will have a front door facing Eaton. Commissioner OHM inquired if there is adequate space for the streetscape to be detached and allow for trees. Mr. Cutler said the streetscape on Eaton is partially detached along with an Xcel easement for a transformer which the sidewalk will go around and transition to an attached sidewalk. An attached sidewalk is the standard for a local street such as Eaton. Commissioner OHM asked if there will be pedestrian connection to the trail on the west side of the site and if there will be an HOA. Mr. Cutler confirmed there will be a pedestrian connection and said that an HOA is required, and the maintenance obligations in the covenants will be reviewed by the City, but the City will not manage the HOA. Commissioner DISNEY asked how the requirement of units per acre is determined and if the density of the neighborhood is taken into consideration. Mr. Cutler explained that this site, in the MU-N zone district, is bound by the City’s Charter which limits development to 21 units per acre or fewer. He added that this property’s size allows up to 26 units. Ms. Mikulak added that in a Planned Development the character of the neighborhood might be taken into consideration Planning Commission Minutes - 4 – September 2, 2021 for density on the site but in the Mixed-Use zone district the maximum 21 units per acre is a use by right. They only things that can limit the number of units is the ability of the site to also meet other zoning requirements such as parking and open space. Commissioner ANTOL asked what the average width of the units on 38th Avenue will be and if there are requirements. Mr. Mikulak explained that the width of the townhome lot is going to depend on the market and the product, but it is not determined by the Code. Mr. Cutler added the range of the width for townhomes in this project is from 16 feet to about 28 feet and it is based on the garage size. In response to a question from Commissioner LARSON, Mr. Cutler confirmed that the purpose of this case is to make sure the development is following all applicable regulations; he also confirmed the site conforms to MU-N regulations and that the parkland fees are $48,000. He also clarified that the easement on the west side of the property was originally for vehicular access for a couple properties on Eaton Street and was kept in place for the Incarnation Development and will remain in place. Commissioner SIMBAI asked the applicant how the lot sizes were determined. Mr. Auxier explained they are trying to hit certain price points; this project includes both 2 and 3 bedrooms so the range will be $550-570k per unit. Commissioner DISNEY asked why this project seems to be denser than Incarnation and if these townhomes can be used as an Airbnb. Mr. Auxier explained that the Residential-Three (R-3) and MU-N zone districts have different regulations. He added that the market in 2013 was also different and the demand for townhomes was less when Incarnation was developed than it is today. Mr. Cutler clarified that City Code does allow short-term rental, but they are limited. Public Comment John Conway, resident 3901 Eaton Street Mr. Conway mentioned he is a longtime resident in the City of Wheat Ridge and has concerns about traffic on Eaton Street and is wondering who will maintain the street. He also wondered if there will be any landscaping put in place for privacy and asked how many parking places will be on site. Vivian Vos, resident Planning Commission Minutes - 5 – September 2, 2021 6920 W 47th Place Ms. Vos talked about some of the concerns posted on Wheat Ridge Speaks: 38th Avenue is not a main street for the City; density; and construction dirt/dust, adding that there should be a water tanker on site. She also mentioned her concerns about the multiple developments happening throughout the City. Karen Case, resident 3871 Eaton St (rental), 6324 DeFrame Way, Arvada Ms. Case mentioned she is a longtime resident in the Wheat Ridge as well and feels Eaton Street is a little oasis in the City and is worried about a loss in property values due to the density of this project. She also has concerns about privacy for the existing properties and is worried about traffic and parking issues. Ross Carpenter, resident 3825 Depew Street Mr. Carpenter mentioned the deed covenant restriction for the Stuart Gardens Subdivision which states there should be no commercial development in the area, which included a lawsuit recently between neighbors and potential developers. Overall, he is in support of the project, but has concerns about density and height of the buildings. Patricia Allen, resident 3945 Eaton Street Ms. Allen mentioned she has been in the community for 20 years and she has concerns about height of the building, traffic on Eaton and would like to see speed bumps installed. Jill Folwell, resident/business owner 5885 W 38th Avenue Ms. Folwell said she is in favor of this project but has concerns about parking and thinks a speed bump would be ideal on Eaton Street. Susan Hartley, resident 4015 Eaton Street Ms. Hartley is concerned about the density and thought it was going to be fewer units based on a previous neighborhood meeting at her house. She also would like to see access only onto 38th Avenue and not Eaton Street. She is very concerned about parking and traffic on Eaton Street. Kayla Maranjian, resident Planning Commission Minutes - 6 – September 2, 2021 3880 Eaton Street Ms. Maranjian also said she is overall in favor of this project but has concerns about parking and is wondering if Eaton Street will be improved with sidewalks and gutters and is also concerned about the density. She acknowledged that MU-N zoning is appropriate for 38th but questioned how far back it extends into the neighborhood. Commissioner LARSON closed the Public Comment. Mr. Jefferies addressed the traffic concerns on Eaton Street and mentioned the Neighborhood Traffic Management Program that is resident-driven with regards to traffic speed bumps. He said most of the traffic will use 38th Avenue and the frontage to this development will be improved. Ms. Mikulak clarified that the City was not part of the lawsuits and the City does not enforce covenants. She added the site designs are available for the public to view and can email zoning@ci.wheatridge.co.us for more information. Ms. Mikulak mentioned that it is the zoning that dictates the density not the subdivision. She explained the irregular boundary of the MU-N zoning and the depth of the MU-N zoning on the subject property; the zone change to mixed use zoning was a legislative zone change and it was created to follow the Urban Renewal Boundary. Mr. Cutler added that parking is a part of the site plan and this development is meeting all zoning requirements including the 35-foot height limit. Mr. Auxier anticipates there will be fencing along the single-family property lines as well as buffers and he added there will be sidewalks and improvements to the project’s street frontages. He also clarified that the earlier neighborhood meeting that was mentioned was with a different developer not Storybuilt. Commissioner OHM asked if the City maintains Eaton Street and if access to the project can be explained. Mr. Jefferies clarified that the City does maintain Eaton Street and Mr. Cutler explained that the access to the development is dictated by the Fire Department as well as the City, and that the two access points was the most logical design to meet fire and utility requirements. Commissioner OHM asked about no parking signs and Mr. Jefferies said the Engineering Department would look at that on a complaint basis. Commissioner SIMBAI said he is taking both sides into consideration and understands the concerns of the neighbors but also is aware there is a need for townhomes for those people just starting out in property ownership. He feels the developer has met all the requirements and would like them to listen to the neighbors concerns and work with them. Planning Commission Minutes - 7 – September 2, 2021 Commissioner ANTOL thanked all for their thoughts and comments from the community and the hard work done by staff and the developer, but she is concerned about the density. She hopes the developer will listen to those concerns because she understands the reasons for different types of housing needed in the City. In response to a question from Commissioner OHM, Ms. Mikulak explained that the setback for this subdivision is more restrictive at 15 feet then some of the residential zone districts, but as all residential zone districts, the height is the same at 35 feet. Commissioner OHM feels the developer has met all the requirements and would like them to listen to the concerns of the neighbors. He mentioned he would also like to see a crosswalk mid-block on 38th Avenue. Commissioner DISNEY shares the density concerns of the community and doesn’t feel like it fits in with the neighborhood. She understands the City is evolving and agrees the development standards have been met and encouraged Storybuilt to step up and work with the neighborhood so the character of the area can be maintained. Commissioner LEO thanked the citizens for participating; she noted she did not hear that citizens are against the project but had concerns about construction, traffic and privacy. Commissioner LARSON said he understands the concerns about the density and wants the developer to not only look at the parameters for the development, but also listen to the neighborhood. It was moved by Commissioner LEO and seconded by Commissioner OHM to recommend APPROVAL of Case No. WS-21-03, a request for approval of a major subdivision on property located at 5725 and 5785 West 38th Avenue and zoned Mixed Use-Neighborhood (MU-N) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code has been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat. Planning Commission Minutes - 8 – September 2, 2021 Motion carried 5-1 with Commissioner ANTOL voting against. B. Case No. ZOA-21-02: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property. Ms. Mikulak gave a short presentation regarding outdoor recreational equipment on private property in the City of Wheat Ridge. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Mikulak mentioned that there will be a September 16, October 7 & 21 Planning Commission meetings. B. Project and Development Updates Ms. Mikulak updated the Commissioner on Let’s Talk which is now focusing on the Leppla Manor and Applewood neighborhoods. She mentioned that the first round of engagement has been completed and that report can be found on the What’s Up Wheat Ridge page. Currently, in the second phase and are waiting for each neighborhood to weigh in on specific action items, which is done by a survey. Ms. Mikulak said there will also be an open house on September 8 at the Rec Center which will duplicate the survey, but there will be representatives in attendance from Engineering, Planning and Parks & Rec to answer any questions. A summary of these 2 neighborhoods will be brought to City Council on the October 4 Study Session. Currently we are focusing on the 3rd and 4th of 10 neighborhoods. 10. ADJOURNMENT It was moved by Commissioner LEO and seconded by Commissioner OHM to adjourn the meeting at 9:50 p.m. Motion carried 6-0. __________________________ _______________________________ Dan Larson, Chair Tammy Odean, Recording Secretary Wheat Ridge Speaks Published Comments for September 2, 2021 Planning Commission Meeting Major Subdivision at 5725-5785 W. 38th Avenue I would like to indicate my support for this project. When I was looking for homes in the Denver metro, I wanted a location that was affordable (by Denver standards), but still had access to the amenities that the Denver Metropolitan area had to offer. I settled on Wheat Ridge after reading your comprehensive plan and by seeing your plans, some of which had already been completed, for 38th street. I was encouraged to see a plan that showed Wheat Ridge as a city who considered itself part of the metro region and, rather than fighting the oncoming density and pretending that Wheat Ridge was not adjacent to one of the fastest growing cities in the country and, indeed, an integral part of that metro region, were responsibly trying to focus their development into a particular area. Therefore, I see increased density along 38th, with more pedestrian amenities and, hopefully eventually, more businesses directly on 38th rather than set back from the road, as the best way forward. This development is just one of the many that I will continue to support that will reshape this area into the more walkable, bikable, livable district that will make Wheat Ridge attractive to not only its future and current residents, even if some don’t believe it, but visitors from around the region. That all being said, I would like to echo another comment requesting a crosswalk at Fenton. I live near 35th, so having a means to cross there and utilize that walking path alluded to in the developer’s video (which I was surprised and delighted to hear about) would be great. Also, it would provide safer access to the strip mall across the street for our new neighbors (and easier access to pizza for me…). I’m looking forward to watching 38th street continue to become the Main Street that it was meant to be. September 1, 2021, 9:59 AM Cody Hedges 3532 Ingalls St. Wheat Ridge , 80033 First off, thank you for allowing comments in this format. I live across the street from this proposed development along Eaton Street. I have reached out to both the applicant and City Staff to obtain more information about the project, and staff was very gracious in answering the various questions I had. I understand the difference between a zoning application and a subdivision application, and therefore have no comments on the overall density, height, etc. The existing yellow home on the subject property has surpassed its life cycle and is time for redevelopment. For the overall subdivision plat and site plan, I appreciate the increased open space/ drainage buffer along the north property line as well as placing the larger lots along the north side too, to act as a better buffer to the single family homes in the neighborhood. As for the subdivision itself, I would rather see this site developed with owner-occupied separate lots rather than potential renters under one large lot, so I support that effort. I have seen the positive effects of the townhomes along 38th Avenue at Depew as well as those built in the InCarnation development. Both have not negatively impacted ATTACHMENT 4 this area and have not brought down property values at all. After the review of the proposal, my comments for both PC and CC, to take under consideration, would be as follows: 1) If I had to choose the item I was most concerned about, it would be increased traffic on Eaton Street. While I am glad that development is showing its primary access off of 38th Avenue, is it possible to make the secondary access off of Eaton St a right-in, right-out only? This would perhaps limit the north bound traffic on Eaton for this development? My other concern deals with construction traffic, dust, and noise. Can the residents get some additional type of protection for construction hours of operation and also can the applicant submit and obtain approval for a dedicated construction site plan that limits/prohibits the construction traffic/parking/heavy equipment from using and parking on Eaton Street? Perhaps a joint parking agreement with the IPie parking lot during the day could work to accomplish this? Finally, can the applicant obtain a rigorous dust and debris control plan to prevent dust and debris from being left all over the area, as the weather can get quite windy in the area? I understand that the Denver Metro area is growing, as is the Wheat Ridge community. Hopefully this developer will make a positive impact on the neighborhood and for Wheat Ridge. Thank you for your consideration of my comments. August 31, 2021, 8:27 AM Steve Timms 3850 EATON ST WHEAT RIDGE, 80212 I respect the concerns expressed by other writers, particularly the potential for sunlight blockage and traffic on Eaton Street, and believe these should be addressed seriously and specifically to mitigate impacts. However, I also live nearby the site and, overall, support the new housing development. One reason we chose to relocate to Wheat Ridge six years ago was City signage on 38th Avenue and citizen meetings promoting its reinvigoration into more of a “Main Street” corridor for families and pedestrians, shoppers and businesses. In other words, the main drag could use a little love. I believe new housing and new blood can refresh a community and the health of local businesses, and that this can be done in a way that does not uproot the appeal of the older community. I do not find Wheat Ridge to be overrun by new development. But I do accept the reality that many younger people may be attracted to more contemporary notions of “housing and home” than was my generation. If this development is approved, I would like to suggest a painted crosswalk at Fenton Street to make it a little less nerve-wracking for pedestrians crossing 38th walking to the four nearby restaurants and Panorama and Randall Parks. Thank you. August 29, 2021, 8:37 AM Thad Keyes 5730 W. 39th Place Wheat Ridge, 80212 I am against the proposed project. August 27, 2021, 9:43 PM Kellie Clingan 4669 Independence St Wheat Ridge, 80033 I am against the proposed project August 27, 2021, 2:28 AM Katharyn Grant 3881 Estes St Wheat Ridge, 80033 I have lived in WR most of my life. I encouraged and paved the way for Bardo on 38th. Do you like Bardo? You’re welcome. It’s a quality business unlike all the lazy business development on 38th and Wads— corporate generic cookie cutter businesses with zero imagination for the most part (Ie not local except perigee factory). I believe in WR and love it but it’s losing its specialness star an alarming pace. I encourage everyone to study the work of Diana Crawford who had the vision to save Larimer Square when it was considered skid row, and to turn Union Station into a city center that is BEAUTIFUL and builds community. When green spaces and older architecture is gone it cannot be replaced. If we pack as much development as humanly possible into every corner and every green space we will no longer have our quaint small town feel. “Do rooftops bring retail or dues retail bring rooftops?” I’ve heard this from city government— we don’t want either. We are fine as is. Crime is increasing, traffic is increasing. A lot has been done behind closed doors to destroy the city charter and increase development, building height, and just plain ugly builds with no aesthetic oversight. We need property owners contributing to the decision- making, not unelected officials who don’t even live in WR who run our town like a business not like responsible city planners. Think about quality of life, green spaces, and beauty, not just shoving as many people in slot homes and high density housing, apartments, and condos as is humanly possible. Wheat Ridge is being destroyed by dumb decisions and when the bubble busts, and it will, there will be a lot of density and mediocre buildings, and the charming town will be long gone. More high density housing means more population means more crime, and more traffic accidents and fatalities. Bud Starker was elected with money from developers, and that has set a tone. Residents are expected to bow down to those who want to exploit every square inch of property for building apartments and townhomes. No more small town feel. It’s sad, but I know that no one on council or unelected decision makers care about the heart of WR— the long time residents. I ask this every time— what happened to the city charter? We need a cap on growth like the one in Golden. Otherwise what we are seeing is the death knell of our beloved Wheat Ridge, our quaint home. I hear all the chit chat about “affordable housing”— that’s just coded speak for housing under half a million. And it’s utter nonsense. Anyone making money off these transactions shouldn’t have a voice in local government because their persistence is fueled by greed. The rest of us don’t have the time or energy to continuously fight those who are fighting nonstop to make money off of destroying our neighborhoods. Their reward is millions in self-enrichment, while we are being rewarded by barely maintaining or getting screwed over by developers. IT’S ACTUALLY THE JOB OF CITY COUNCIL TO REPRESENT OUR INTERESTS. I WISH THIS WAS HAPPENING. August 27, 2021, 2:27 AM Katharyn Grant 3881 Estes St Wheat Ridge, 80033 People should not be afraid of their governments. Governments should be afraid of their people. There is something very wrong with this government? You once had the freedom to object, to speak out you now have censors and people coercing conformity on places like Facebook Wheat Ridge Community page by people who wish that you leave things alone and don't make trouble. If its not online then it is at meetings where public input is cancelled or cut short. I know why you go along you were/are afraid. Your reason was corrupted robbing you of common sense. If you are so blind that you see nothing then do nothing, go back to sleep, it's just a nightmare you're having. If on the other hand you wish this government serve the people and not corporate interests then take it back making sure as employees of your government they know they are public servants there to serve the public good. End all construction project and plant more green returning our city to it former self. August 27, 2021, 1:00 AM Richard Boettner 3140 fenton st wheat ridge, 80214 I am against the proposed project. While it may be zoned for multiple units, 26 units is far too many for the space. This is adjoining typical WR lots of (most likely) 1/4 acre. Technically if zoned the same, 5 single family homes would be allowed. The density and height of the proposal is too much. Just as the proposal for the development at 38th and Independence was rejected, so should this one. Perhaps something half the density but I see from the location that sunshine from the south and west will be blocked for the immediate neighbor. Furthermore, most likely, just like the town home development off 44th at Yukon, there will be an everywhere USA, cheap stick and board look to the development and the prices will still be so steep that anyone wanting to get into the housing market to own a home will be outpriced. If people want to live in the type of development proposed, then, they should live in Denver. Since when has Wheat Ridge turned into such a Denver wanna be? We have our own personality, separate and distinct from Denver and it is the reason people buy here and live here for generations. Outdoor space and yards are part of what helps people maintain good physical and mental health. I for one do not want to see a Wheat Ridge with block after block of 3+ story buildings lining the streets with no green space, individuality or uniqueness. If recent history is an indicator, I know that the powers that be in the city who approve these plans will once again betray the citizens of this city by putting profits before people. I'd rather my prediction be proved false. August 26, 2021, 2:36 PM Mariann Storck 4120 Balsam St Wheat Ridge, 80033 Wheatridge is becoming over grown with all the apts and multi family homes and just to many houses in general. Due this factor the crime rate has sky rocketed. Please no more building leave more open space. Let’s not become a cement city like denver or New York. We can’t leave ours doors unlocked like we did 10 years ago. To many people over crowding. More open space. This is not the quite Wheatridge I grew in. August 26, 2021, 4:42 AM L. Dearing 3453 Wheatridge , 80033 As a 40 year home owner near 32nd and Depew I like our individual home and don’t feel projects such as this are right for our neighbor hood and community. August 26, 2021, 3:04 AM Angela cook 1222 clubhouse dr Broomfield , 80020 As a fairly new resident to the beautiful Eaton Street, it's my obligation to speak on behalf of my fellow neighbors who have called this sliver of Wheat Ridge home for over 20 years to spanning multiple generations. None of these neighbors have the energy or fight left in them after the original lot filed a lawsuit which caused traumatic financial stress to those that were willing and able to put up a fight. Upon hearing of the initial plans of this project, one of our tenured neighbors called a meeting to hear out the developers and what they had planned for these two lots. Among the 20 in attendance, many in their senior years, I could see the confusion and horror on my fellow neighbors faces as developer started to reveal what was planned. I saw tears, shock, and speechless faces realizing that their beautiful, quiet street was about to become traffic ridden, their views blocked by unattractive and poorly designed multi-level units, and a plan to almost triple the street's population. 5 years ago, prior to finding Eaton street, my wife and I set out our tumultuous journey to finding our first home by searching high and low in Denver. After seeing street after street under construction with similar projects to this, we decided to open our search beyond the city limits and found Wheat Ridge. We were compelled to this are because it had been able to maintain its unique charm and beauty unlike what we had seen happening to historic Denver areas. We were excited to find a quiet, safe street, surrounded by beautiful homes that seemingly had been protected by what we believed to be a quality, honest, and respectful Planning Commission. What is happening now indicates we were wrong and the City of Wheat Ridge is clearly seeking any easy way to mimic the development failures that Denver and other neighboring areas have so terribly managed. While are clearly too late to do anything to disrupt this project from occurring, I simply ask the council and developers to realize the pain this is causing to people who've now lost trust in our local government. In this current real-estate climate, many of our neighbors are now held hostage, unable to find affordable homes elsewhere to live out their remaining years in peace and quiet. To the Planning Commission - Shame on you for allowing an overwhelming amount of disgustingly designed units be constructed in two former single-family plots, increasing traffic, limiting parking, and most importantly, jeopardizing the safety of old and young families like us who intended to raise young children on this street. I hope you learn from this and course correct for what's left unplanned on 38th and beyond. 1. What, if any regulations and standards do you have in place to protect Wheat Ridge from becoming another Tennyson or Jefferson Park? 2. Do you have interest in protecting Wheat Ridge from becoming another Denver metro area? 3. When do you plan to start allowing duplex houses disrupt the heart of Eaton Street? To the developers - Your brief description of the site plan was clearly designed to leave out details we demand more information on. 1. How tall are these units? 2. What materials do you plan to use to protect and compliment the existing 100+ year old homes on the same block? 3. What are your plans keep the existing 100 year old+ trees and additional landscaping ensure our views are protected from your buildings? 4. What is your construction schedule? What are you doing to ensure our street isn't disrupted with disruptive noise and construction crews littering our street? 5. What is the approximate timeline of construction, start to finish? I can confirm that this project has caused our community to lose trust in the planning commission and all hope that the remaining area will retain the same charm we all fell in love with. Neither the developers, construction crews, nor the new tenants of these new buildings will feel the warm welcome we all felt moving here prior to this project. August 25, 2021, 10:10 PM Matt Filippini 3905 Eaton St Wheat Ridge, 80212 ITEM NO: 3 DATE: September 13, 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 Council Action Form – IGA with URA for 7690 W. 38th Ave. September 13, 2021 Page 2 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 second reading, and that it take effect upon approval by Renewal Wheat Ridge of the Intergovernmental Agreement, but in no event later than November 20, 2021, as permitted by Section 5.11 of the Charter.” Council Action Form – IGA with URA for 7690 W. 38th Ave. September 13, 2021 Page 3 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 STITES 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 8 to 0 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 13th day of September 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: September 16, 2021 Effective Date: Upon approval by the Authority of the Intergovernmental Agreement, but in no event later than November 20, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT A INTERGOVERNMENTAL AGREEMENT {ATTACHED] 8/18/2021 N:\COUNCIL ACTION FORMS\2021 COUNCIL ACTION FORMS\08.23.21 - CC\210823 - D.1.C - ATTACH 2 - EXHIBT A IGA YUKON CT- A081621.DAHL COMMENTS.DOCX 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 8/18/2021 N:\COUNCIL ACTION FORMS\2021 COUNCIL ACTION FORMS\08.23.21 - CC\210823 - D.1.C - ATTACH 2 - EXHIBT A IGA YUKON CT- A081621.DAHL COMMENTS.DOCX 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 8/18/2021 N:\COUNCIL ACTION FORMS\2021 COUNCIL ACTION FORMS\08.23.21 - CC\210823 - D.1.C - ATTACH 2 - EXHIBT A IGA YUKON CT- A081621.DAHL COMMENTS.DOCX 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. 4 8/18/2021 N:\COUNCIL ACTION FORMS\2021 COUNCIL ACTION FORMS\08.23.21 - CC\210823 - D.1.C - ATTACH 2 - EXHIBT A IGA YUKON CT- 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. 5 8/18/2021 N:\COUNCIL ACTION FORMS\2021 COUNCIL ACTION FORMS\08.23.21 - CC\210823 - D.1.C - ATTACH 2 - EXHIBT A IGA YUKON CT- 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 4834-8576-4855 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, as amended by the First Amendment to Purchase and Sale Agreement, dated as of January 7, 2019 (as so amended, the “Purchase Agreement”). 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. 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: _____________________________ 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: 4 DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2021 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING OUTDOOR RECREATIONAL EQUIPMENT ON PRIVATE PROPERTY (CASE NO. ZOA-21-02) PUBLIC HEARING ORDINANCES FOR 1ST READING (09/13/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/27/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: The zoning code in Chapter 26 of the Code of Laws includes very few regulations related to outdoor recreational equipment. City Council has determined that it is appropriate to amend the code to limit the size of private recreational equipment, particularly those which are permanent in nature. The purpose of this amendment is to allow for reasonable, common sense enjoyment of recreational equipment in residential yards. PRIOR ACTION: City Council discussed this proposed amendment at study sessions on June 7, 2021 and August 9, 2021 and directed staff to move forward with the code amendment. Planning Commission reviewed the proposed ordinance at a public hearing on September 2, 2021 and recommended approval. Meeting minutes and public comment from the Planning Commission hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: None Council Action Form – Outdoor Recreational Equipment September 13, 2021 Page 2 BACKGROUND: For residential uses, there are many possible kinds of accessory recreational uses and play equipment including but not limited to in-ground pools, above-ground pools, hot tubs, playsets, tree or playhouses, basketball hoops, trampolines, obstacle/ninja courses, skate park equipment, lemonade stands, goals and nets, bounce houses, and movie screens. Some of these are more permanent in nature and some more portable. The building code has explicit requirements related to pools but specifically exempts play structures from permit requirements. Section 5-76 of the municipal code amends section 105.2 of the International Building Code (IBC) and exempts certain smaller types of recreational improvements. The zoning code (Chapter 26 of the municipal code) offers less clarity when it comes to play equipment. Historically, pools which have been subject to building permits have also been required to meet setbacks and coverage requirements; other types of recreational equipment have not been required to meet zoning requirements. Proposed Code Amendment Based on discussion at two study sessions during the summer of 2021, City Council consensus included the following: • to amend the code to regulate recreational equipment and structures on residential property; • to distinguish between temporary and permanent equipment/structures; • to utilize the accessory structure standards as a guideline, with consideration for setbacks, height, coverage, and size; and • to apply the amended requirements to existing recreational equipment. Staff is proposing to augment two existing code sections to achieve those goals: • Define a new term for “recreational equipment” in Section 26-123, and • Amend Section 26-625 (accessory buildings and structures) to provide supplementary regulations specific to recreational equipment, specifically: o Codify the existing policy related to pools and hot tubs whereby setback and lot coverage applies. o Codify exemptions for small or temporary recreational equipment. o Codify regulations for larger and permanent recreational equipment. Additionally, the ordinance modifies the variance regulations making recreational equipment eligible for a variance. Lastly, the proposed code includes an amortization schedule requiring that any existing equipment out of compliance would be required to comply with this code section by April 15, 2022 — this is approximately 6 months after the ordinance becomes effective. Based on Council policy direction and staff resources, enforcement would occur on a complaint basis. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form – Outdoor Recreational Equipment September 13, 2021 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2021, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property, on first reading, order it published, public hearing set for Monday, September 27, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 16-2021, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 16 ORDINANCE NO. ____ SERIES 2021 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS REGARDING OUTDOOR RECREATIONAL EQUIPMENT ON PRIVATE PROPERTY WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and development; and WHEREAS, the City Council wishes to allow for reasonable, common sense enjoyment of recreational equipment in residential yards; and WHEREAS, the City Council has observed the need to establish reasonable size limits for private outdoor recreational equipment. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-115 (Variance) of the Code of Laws is amended as follows: C. Variances: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the "development standards" pertaining to zone districts in article II and sections 26-501 (Off-street parking), and 26-502 (Landscaping requirements), and 26-603 (Fencing), 26-625 (Accessory buildings and structures), and Article VII (Signage) of this chapter, which apply throughout the various zone district regulations and in other situations which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: […] 3. Variances of more than fifty (50) percent: The board of adjustment is empowered to hold public hearings to hear and decide only upon appeals for variances from the strict application of the development standards pertaining to zone districts in article II, sections 26-501, 26-503, 26-603, 26-625 or article VII of this chapter. -2- Section 2. Section 26-123 (Definitions) of the Code of Laws is amended to add the following term in the appropriate alphabetical location: Recreational Equipment. Play apparatus such as swing sets, pools, hot tubs, play houses, goals, nets, ramps, trampolines and similar equipment or structures designed for private 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. Section 3. Section 26-625 (Accessory buildings and structures) of the Code of Laws is amended by the addition of a new subsection F: F. Accessory Recreational Equipment. Recreational equipment is permitted in addition to minor and major accessory structures on residential properties subject to the following: 1. All in-ground pools, above-ground pools, and hot tubs shall be subject to the accessory building setback requirements of the underlying zone district; however, setbacks shall not apply to those pools which are otherwise exempted from building permit by Chapter 5. The size of the pool or hot tub shall dictate whether it is subject to the major or minor setback requirements. Any pool or hot tub exceeding the minor accessory structure size shall be subject to the major accessory structure setback. The size of the pool or hot tub is limited by the ability of the lot to comply with the overall coverage requirements for the underlying zone district provided in Article II. 2. Any recreational equipment or structure which is 120 square feet in size or less is exempt from zoning development standards. 3. Any recreational equipment or structure which is essentially temporary is exempt from zoning development standards. 4. Any recreational equipment or structure which is more than 120 square feet and is essentially permanent shall be subject to the following standards: a. Maximum size: the total floor area of all recreational equipment or structures may not exceed 400 square feet or the underlying lot coverage, whichever is more restrictive. b. Maximum height: 12 feet c. Minimum side and rear setbacks: 5 feet d. Minimum front setback: subject to the front setback for the underlying zone district. 5. For the purpose of this subsection F, permanence shall be determined at the sole discretion of the Community Development Director in consideration of the size, portability, deconstructability, and presence of utilities. As examples only, -3- recreational equipment that is essentially temporary may include portable goals, portable playsets, portable playhouses, portable nets, portable skate park equipment, yard games, bounce houses, portable movie screens, and above ground trampolines. Recreational equipment that is essentially permanent may include playsets, tree houses, in-ground trampolines, and skate park equipment. 6. All nonconforming recreational equipment or structures existing prior to the effective date of this ordinance, shall be brought into conformance with these provisions on or before April 1, 2022. Section 4. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of September 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 27, 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 takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this ____ day of _________ 2021. SIGNED by the Mayor on this ____ day of ___________ 2021. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk -4- Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: September 16, 2021 2nd publication: Jeffco Transcript: Effective Date: ITEM NO: 5 DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2021 - AN ORDINANCE REVISING COMPENSATION FOR THE MAYOR, COUNCILMEMBERS AND MAYOR PRO TEM PUBLIC HEARING ORDINANCES FOR 1ST READING (09/13/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/27/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: As a 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 significantly lower than neighboring communities. This ordinance increases compensation for the Mayor, Councilmembers and Mayor Pro Tem and requires that this compensation is reviewed every six years by City Council. PRIOR ACTION: The annual compensation for Mayor in Wheat Ridge is currently $10,080, which was last increased in 1997. The annual compensation of Councilmembers in Wheat Ridge is currently $7,200, which was last increased in 2001. At the August 16 study session, consensus was reached by City Council to prepare this ordinance to increase that compensation and to provide extra compensation for the Mayor Pro Tem. FINANCIAL IMPACT: Consensus was reached to increase the Mayor’s compensation to $21,600 annually, Councilmember’s compensation to $14,400 annually and to provide an additional $200 monthly stipend for the Mayor Pro Tem. The proposed increase in compensation will increase the 2022 budget by $42,720 and the 2024 budget by $28,800. Council Action Form – Mayor and Council Compensation September 13, 2021 Page 2 BACKGROUND: 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.” At the November 2, 2021 municipal election, new terms of office will begin for four (4) Councilmembers and the Mayor, all of whom would be eligible for a compensation increase. The remaining four (4) councilmember seats would receive their increase after the November 2023 municipal election. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2021, an ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem on first reading, order it published, public hearing set for Monday, September 27, 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 adoption.” Or, “I move to postpone indefinitely Council Bill No. 15-2021, an ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem for the following reason(s): ___________________________________________________________________________.” REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2021 2. Elected Official Salary Survey CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2021 TITLE: AN ORDINANCE REVISING COMPENSATION FOR THE MAYOR, COUNCILMEMBERS AND MAYOR PRO TEM WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, Section 3.12 of the Wheat Ridge Home Rule Charter provides that compensation of the City’s elected officials must be established by ordinance; and WHEREAS, compensation for the Mayor and Councilmembers was last adjusted in 1997 and 2001, respectively; and WHEREAS, the City Council desires to increase the compensation for terms of office of the Mayor, Councilmembers and Mayor Pro Tem which commence on and after the November 2, 2021 election. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Compensation for Elected Officials. The salaries for terms of office commencing upon the November 2, 2021, municipal election and thereafter shall be: Mayor: $21,600 per year Mayor Pro Tem: $200 per month during term, in addition to Council Member compensation Councilmembers: $14,400 per year And that compensation for the Mayor, Mayor Pro Tem and Councilmembers shall be reviewed by City Council every six (6) years. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption, as provided by Section 5.11 of the Charter. ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of September 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 Monday, September 27, 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. 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: September 16, 2021 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us Your signature here ITEM NO: 6 DATE: September 13, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2021 – A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE LAND CONSERVATION PARTNERSHIP PROGRAM FOR FUNDING TO SUPPORT THE ACQUISITION OF 4100 GRAY STREET, AND IN CONNECTION THEREWITH, APPROVING THE ACQUISITION BY THE CITY OF REAL PROPERTY FOR ADDITION TO RANDALL PARK 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 would like to acquire and conserve the 4100 Gray Street residential lot, which is adjacent to the southwest corner of Randall Park. The current owner has contacted the City about its availability and given the City the option to purchase the property for market value. Should the City purchase the 0.16-acre property, the 1,110 square foot, circa 1951 house would be demolished and the property would become part of Randall Park. The Parks and Recreation Department is applying for a grant through the Jefferson County Open Space (JCOS) Land Conservation Partnership Program. The program will fund up to 25% of the cost of a local land acquisition. A resolution of support is required from City Council to apply for this funding program. Council Action Form – JCOS Land Conservation Partnership Application Support September 13, 2021 Page 2 PRIOR ACTION: In 2013, the owner of the property located at 4100 Gray Street approached the City to inquire about interest in buying the property. At that time, the Parks and Recreation Director drafted a memorandum to City Council detailing the plan to seek a 2014 JCOS Local Government Grant to acquire the property. In 2013 the property value was estimated to be around $180,000, and the cost to demolish and landscape the land estimated at $25,000. The successful sale of the property to the City never materialized and the property has remained with the current owner. Acquisition of this property is a Parks and Recreation Master Plan recommendation for Randall Park. FINANCIAL IMPACT: Based on conversations with the current owner, the estimated cost of acquisition is $535,000 - $540,000. According to Zillow research, this appears to be within a fair market range, but an appraisal would be required to be certain. Including miscellaneous fees (appraisal, closing costs, etc.) and demolition, we are estimating an initial cost of $600,000. The JCOS Land Conservation Program will fund up to 25% of the cost of local land acquisition, and therefore, we are requesting $150,000 in our application. The City’s Open Space Fund has the additional resources required to purchase this property. JCOS staff members are eager to assist the City with this project. There Ultimately, there will be additional park development costs related to the future use of that space, but that can be planned and budgeted in future budget cycles and is deemed less urgent. BACKGROUND: The acquisition of this property would expand the park to one city square block. It is proposed by City staff to convert the usage of the area into a community garden. The construction of a community garden would address equity issues as the City currently houses only one community garden several miles away. It would also help to bolster the current initiative for the increase in sustainable agriculture and food security for the Wheat Ridge community. Other potential uses may be considered including the expansion of parking and/or the expansion of the available park space. Staff would engage the neighborhood in discussions as future park development options as considered. This acquisition is one of timing and opportunity, as the potential to acquire this parcel is dependent on when the property may become available again in the future. As it has already been demonstrated, the cost of the property has increased 310% since 2013 and the Metro Area real estate market show no signs of slowing down. It is the current owner’s preference to sell to the City, but he has requested a quick turnaround, as he intends to take a different approach with a strict timeline (i.e., 1031 exchange), if we cannot come to an agreement. The house was constructed in 1951 and is 1,100 square feet on a slab with an attached single car garage. The land parcel size totals 7,100 square feet (.16 acres). The house on the property would be demolished if acquired. Council Action Form – JCOS Land Conservation Partnership Application Support September 13, 2021 Page 3 Staff also submitted a concept paper to GOCO (Great Outdoors Colorado), in hopes of securing additional funding for this project, but the City not selected to apply during this grant cycle. RECOMMENDATIONS: The Parks and Recreation Department recommends supporting this Resolution as it offers the City an opportunity to apply for JCOS funding for a local project that expands park and open space in Wheat Ridge. The Parks and Recreation Commission discussed this opportunity during their August 18th meeting, and unanimously agreed that it was important to seek ownership of this property to expand the park. Additionally, they agreed that a community garden would be a valuable use of that space. Should the City wish to pursue acquiring the property, but not pursue JCOS funding through approving this Resolution, there are other potential grant programs available for public land acquisition. It is unknown if those other programs would be more or less likely to fund this project, however, it is likely that a funding decision from a different grant program would occur further into the future. An alternative is also to not pursue acquiring this property in any way. Should this Resolution not be approved, the City would not be eligible to apply for this grant program and ultimately, the City would not proceed with the process of acquiring this property. If not acquired by the City, it is likely that this property will be sold to a private buyer by the end of 2021. The opportunity to acquire this property may not arise again for many years, if ever. RECOMMENDED MOTION: “I move to approve Resolution No. 43-2021, a resolution authorizing submittal of an application to the Jefferson County Open Space Land Conservation Partnership Program for funding to support the acquisition of 4100 Gray Street, and in connection therewith, approving the acquisition by the City of real property for addition to Randall Park.” Or, “I move to postpone indefinitely Resolution No. 43-2021, a resolution authorizing submittal of an application to the Jefferson County Open Space Land Conservation Partnership Program for funding to support the acquisition of 4100 Gray Street, and in connection therewith, approving the acquisition by the City of real property for addition to Randall Park for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution or Council Bill No. 43-2021 2. JCOS Land Conservation Partnership Program Flyer 3. 4100 Gray Street Aerial View 4. Draft Letter of Intent to Purchase CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2021 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE LAND CONSERVATION PARTNERSHIP PROGRAM FOR FUNDING TO SUPPORT THE ACQUISITION OF 4100 GRAY STREET, AND IN CONNECTION THEREWITH, APPROVING THE ACQUISITION BY THE CITY OF REAL PROPERTY FOR ADDITION TO RANDALL PARK WHEREAS, the City of Wheat Ridge has been approached with an opportunity to purchase the property at 4100 Gray Street for no more than fair market price, not the exceed the appraised value; and WHEREAS, the City of Wheat Ridge unsuccessfully pursued this acquisition in 2013, and this acquisition was identified as an opportunity in the 2006 Parks and Recreation Department Master Plan; and WHEREAS, the City of Wheat Ridge wishes to expand park and open space acreage and amenities through this acquisition; and WHEREAS, the City of Wheat Ridge wishes to support an application to Jefferson County Open Space’s Land Conservation Partnership Program for this proposed acquisition; 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, as well as a potential short-term interest-free loan through Jefferson County Open Space. 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 Land Conservation Partnership Program. The City Council hereby approves the City accepting the grant and loan and authorizes and directs the Mayor, City Clerk, and staff to execute such instruments as needed to complete the required process, provided, that the City’s obligation to repay the same shall be subject to appropriations. Section 2. Property acquisition approved: The City Council hereby approves the acquisition by the City of the real property shown on the attached Exhibit A and authorizes and directs the Mayor, City Clerk, City Manager and staff to execute such instruments as necessary to complete said acquisition. Section 3. This Resolution shall be effective upon adoption. ATTACHMENT 1 DONE AND RESOLVED this 13th day of September 2021 Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Exhibit A Legal Description of Property Jefferson County Open Space (JCOS) will fund up to 25% of local or up to 50% of regional open space, park, trail corridor, or greenway acquisition projects. All 12 cities/ towns and 12 districts that provide public park and recreation services in Jefferson County are eligible to apply. Land Trusts, conservation organizations, and other non- profit community group applications are considered on a case-by-case basis. Jeffco Open Space Land Conservation Partnership Program PROPOSAL PROCESS -Serves immediate neighborhood or community such as a neighborhood park -Greenway Enhancements along local trails Local Project Examples -Public access serves more than one community or visitors from multiple jurisdictions -Multiple partners (two+ jurisdictions or organizations) -Property draws visitors from larger surrounding area -Property is a priority in multiple Master Plans -Important habitat for a species of concern or Threatened/Endangered species -Lands that increase access for residents within a 10-minute walk or drive -Fee or easement acquisitions that connect to a regional trail Regional Project Examples 1.Contact JCOS 2.Submit Proposal 3.Proposal Review 4.Notification Discuss eligibility, readiness, and determine if project is local or regional. Include project description, maps, budget (including requested amount and potential and secured match), maintenance plan, and resolution from governing board. Award letter with JCOS funding amount, due diligence checklist, JCOS Fund Recognition Guide, Jeffco Open Space Reverter Requirement, and a project completion deadline within two years of award date. Applicants will be notified if their project is not selected. Proposals may be submitted at anytime when the acquisition is coming to fruition. 25% 50% ELIGIBILITY Hillary Merritt Deputy Director hmerritt@jeffco.us 303.271.5948 up to up to JCOS Funding JCOS Funding Jeffco Open Space staff and Open Space Advisory Committee reviews and recommends proposals. The Board of County Commissioners gives final approval. ATTACHMENT 2 Park Land Acquisition - 4100 Gray Street ATTACHMENT 3 City of Wheat Ridge Parks & Recreation Administration 4005 Kipling St. Wheat Ridge, CO 80033-4125 P: 303.231.1300 F: 303.420.0316 www.ci.wheatridge.co.us September 3, 2021 Mr. Thomas Major 4100 Gray St. Wheat Ridge, CO 80212 RE: 4100 Gray St. Property: Letter of Intent Dear Mr. Major, Following up on our conversation, this letter of intent for the 4100 Gray St. property, when signed by you, expresses the intent of both parties to negotiate a purchase contract for the property, the approximate timeline, the required steps, and relevant contingencies. This letter is not binding on either party; it expresses the basic terms and conditions necessary for us to enter into a purchase and sale contract, and enables the City to move with funding to achieve that goal. The parties intend to negotiate a contract for the purchase of 4100 Gray St. for an estimated purchase price of $535,000. This purchase price is contingent upon any negotiation, results of an appraisal, and the City securing the needed funding within the timeline. Due to the required steps outlined below, the target date for closing on this purchase is November 12, 2021. The City is working with Jefferson County Open Space to secure the funds needed to purchase the property. Closing will be contingent upon the completion of these required steps by the City of Wheat Ridge and Jefferson County Open Space: 1) Completed appraisal with a property value at or below the agreed upon purchase price; 2) Wheat Ridge City Council passing a resolution of support on 9/13/2021 and a future resolution supporting the final purchase price and purchase contract, likely in October 2021; 3) Jefferson County Open Space’s Open Space Advisory Committee recommending the City of Wheat Ridge’s Land Conservation Partnership Program application and the short-term loan to the City of Wheat Ridge for approval at their meeting on 10/7/2021; 4) Preparing and agreeing upon all purchase documents except for final signatures; 5) the Jefferson County Board of County Commissioners formally approving the Land Conservation Partnership Program funding award and the short-term loan to the City of Wheat Ridge at their meeting either on 10/26/2021 or 11/2/2021; 6) Finalizing all purchase documents with required signatures by 11/12/2021. The City of Wheat Ridge and Jefferson County Open Space will also conduct all inspections and due diligence within this time frame. While this work is ongoing, there is an understanding between both parties that the 4100 Gray St. property will not be sold to a separate party provided the above steps are successfully completed within the timeframe described. Please note the purpose of this letter is to create a framework for performing due diligence work and negotiating a purchase contract. Until the City of Wheat Ridge City Council and Board of County Commissioners has taken formal action on the proposal and the Purchase and Sale Contract has been signed by the Mayor of Wheat Ridge, there is no binding commitment to acquire the property. The City is prepared to close as soon as possible after the Contract has been signed by both parties. ATTACHMENT 4 Thank you for your consideration, I look forward to hearing from you. . Sincerely, Karen A. O’Donnell Parks and Recreation Director, City of Wheat Ridge ______________________________________________ _____________________ Signature Date Thomas Major, property owner cc: Patrick Goff, City Manager, City of Wheat Ridge Gerald Dahl, City Attorney, City of Wheat Ridge Tom Hoby, Jeffco Open Space Director Hillary Merritt, Jeffco Open Space Deputy Director