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HomeMy WebLinkAboutCity Council Meeting Agenda 09-27-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO September 27, 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 the 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 27, 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: 828 6734 6201 and Passcode: 243097 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 September 13, 2021 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Domestic Violence Awareness Month (October) Breast Cancer Awareness Month (October) Sustainable Neighborhood Certification Awards 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 27, 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. 47-2021, a resolution by the City of Wheat Ridge, Colorado in support of joining Colorado Communities for Climate Action b. Resolution No. 48-2021, a resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for consulting work from the Leave No Trace Center for Outdoor Ethics PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. 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) 3. Council Bill No. 15-2021, an ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem ORDINANCES ON FIRST READING 4. Council Bill No. 17-2021, an ordinance approving the rezoning of property located at 4535 Wadsworth Boulevard from Residential-Two (R-2) to mixed use-neighborhood (MU-N) (Case No. WZ-21-05 DECISIONS, RESOLUTIONS, AND MOTIONS 5. Motion to award a contract and approve subsequent payments of $2,784,939 to Farrington Construction for the Prospect Park Phase II Improvement Project and approve a contingency in the amount of $200,000 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS PROCLAMATION DOMESTIC VIOLENCE MONTH OCTOBER 2021 WHEREAS, domestic violence impacts countless Coloradans, without regard to age, race, religion, or economic status; as victims suffer at the hands of a spouse or partner, it affects their children, families, and entire communities; and WHEREAS, the City of Wheat Ridge is committed to the reduction of domestic violence and the health, safety and welfare of its residents; and WHEREAS, the Wheat Ridge Police Department is committed to providing assistance to victims and witnesses of crime and other traumatic events through victim assistance partnerships and awareness-related efforts and events; and WHEREAS, Wheat Ridge joins with others across Colorado and the nation in supporting victims of domestic violence and shares the worthy goals of this month-long observance, and likewise supports the work of public and private entities that strive to provide the best coordinated response to domestic violence in communities across this state, sending a loud and clear message to abusers that domestic violence is not tolerated in the City of Wheat Ridge. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of Wheat Ridge, Colorado, by virtue of the authority vested in me, do hereby proclaim October 2020 as DOMESTIC VIOLENCE AWARENESS MONTH in the City of Wheat Ridge. IN WITNESS THEREOF on this 27th day of September 2021. Bud Starker, Mayor Steve Kirkpatrick, City Clerk PROCLAMATION BREAST CANCER AWARENESS MONTH OCTOBER 2021 WHEREAS, October 2021 marks 36 years that National Breast Cancer Awareness Month has educated women about early breast cancer detection, diagnosis and treatment; and WHEREAS, one in eight women will be diagnosed with breast cancer within their lifetime; and WHEREAS, when breast cancer is detected early and is in the localized stage, the five-year survival rate for women is 99%; and WHEREAS, the awareness campaign is remembering those who have lost their fight against breast cancer, standing with those who remember their loved ones and continuing to support our Nation’s advocates; and WHEREAS, the American Cancer Society has searched endlessly for a cure through vital research, and has the mammoth task of educating our community and all Americans of the risks of breast cancer. NOW, THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council wishes to recognize October 1 to October 31, 2021 as “Breast Cancer Awareness Month” and encourage residents of Wheat Ridge to celebrate successes and memorialize lost battles. IN WITNESS THEREOF on this 27th day of September 2021. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk Sustainable Neighborhoods Awards Applewood Villages Paramount Heights City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 13, 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; Scott Cutler, Project Manager; Karen O’Donnell, Director of Parks and Recreation: Wheat Ridge Urban Renewal Authority, Steve Art other staff, guests and interested citizens. APPROVAL OF MINUTES Without objection or correction, the City Council Minutes of August 23, 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: Arvada Wheat Ridge Service Ambassadors for Youth Twentieth Anniversary The proclamation recognized 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 City Council Minutes September 13, 2021 page 2 National Hispanic Heritage Month – September 15 to October 15 The Proclamation encouraged residents of Wheat Ridge to celebrate the cultural, professional, educational, and civic contributions of the Hispanic community. Where throughout history, Hispanic Americans have enriched the American way of life and recognized the millions of Hispanic Americans whose love of family, hard work, and community have helped unite us as a nation PUBLIC’S RIGHT TO SPEAK 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: PM Councilmember Dozeman introduced the consent agenda. a. Resolution No. 43-2021 - 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. 46-2021 - 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 Motion by Councilmember Dozeman to approve Consent Agenda Items a.), and b.) Seconded by Councilmember; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:09 pm City Council Minutes September 13, 2021 page 3 2. Resolution No. 45-2021 – 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) Councilmember Hultin introduced Resolution No. 45-2021. 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. Mayor Starker opened the public hearing. Staff Presentation Scott Cutler gave a detailed presentation and entered into the records the case for a major subdivision that was previously heard and approved by the Planning Commission. Among many details, he explained that this subdivision approval does not involve a zoning change. Public Comment No one came forward to speak. Council Questions and comments Councilmember Hultin asked how the plan includes some ROW that are streets and others are allies. Mr. Cutler gave a detailed response. Councilmember Hutchinson asked Mayor Starker closed the public hearing. Motion by Councilmember Hultin to approve Resolution No. 45-2021 – 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. 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. City Council Minutes September 13, 2021 page 4 and with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 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., seconded by Councilmember, motion carried -0 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. Councilmember Stites introduced Council Bill 14-2021 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. Mayor Starker opened the public hearing at 7 pm. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Steve Kirkpatrick assigned Ordinance No. 1720 Staff Presentation Patrick Goff gave a detailed background summary of the location along with the financial impacts listed the financial impact where the sale of the tax credits is estimated to generate approximately $280,000. Public Comment No one came forward to speak. City Council Minutes September 13, 2021 page 5 Council Questions and comments Councilmembers asked Mayor Starker closed the public hearing. Motion by Councilmember Stites to approve 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, 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, seconded by Councilmember, motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at approximately 7: PM 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) Councilmember Weaver introduced Council Bill 16-2021. 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. Motion by Councilmember Weaver 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 (Case No. ZOA-21-02), 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 fifteen days after final publication, seconded by Councilmember, motion carried 8-0 5. Council Bill No. 15-2021 - An Ordinance revising compensation for the Mayor, Councilmembers and Mayor Pro Tem Councilmember Hutchinson introduced Council Bill 15-2021. 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 City Council Minutes September 13, 2021 page 6 and Mayor Pro Tem and requires that this compensation is reviewed every six years by City Council. Motion by Councilmember Hutchinson 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 if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect upon adoption, seconded by Councilmember, motion carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately PM 6. Resolution No. 44-2021, 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 Councilmember Urban introduced Resolution No. 44-2021. 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. Staff Presentation Karen O’Donnell, Director of Parks and Recreation presented on the issue to include that 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. Public Comment No one came forward to speak. City Council Minutes September 13, 2021 page 7 Council Questions Councilmembers thanked the staff for their work long and hard work on this project. Councilmember Hultin Motion by Councilmember Urban to approve Resolution No. 44-2021, 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, seconded by Councilmember, motion carried 8-0. Mayor Starker closed the public hearing. CITY MANAGER’S MATTERS Nothing this evening. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick Councilmember Nosler Beck Councilmember Dozeman Councilmember Hultin Councilmember Weaver Councilmember Stites Councilmember Hoppe The Mayor ADJOURNMENT TO SPECIAL STUDY SESSION Special Study Session was postponed The meeting adjourned at pm. _____________________________ Steve Kirkpatrick, City Clerk City Council Minutes September 13, 2021 page 8 APPROVED BY CITY COUNCIL ON September 27, 2021 ______________________________ Janeece Hoppe, Mayor Pro Tem Note: Resolutions 43-46 were misnumbered (42-45) in the original agenda packet and were changed administratively in these minutes to reflect the correct numbering sequence. 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. Your signature here ITEM NO: 1a DATE: September 27, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-2021 – A RESOLUTION BY THE CITY OF WHEAT RIDGE, COLORADO IN SUPPORT OF JOINING COLORADO COMMUNITIES FOR CLIMATE ACTION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: Colorado Communities for Climate Action (CC4CA) is a coalition of counties and municipalities advocating for strong state and federal climate policy. To become a CC4CA member, all agencies are required to pass a resolution in support of joining the program. PRIOR ACTION: At the July 19, 2021 City Council study session, CC4CA Executive Director Jacob Smith presented the membership benefits and current policy priorities to City Council. City Council provided consensus to return with a resolution in support of joining CC4CA in 2022. FINANCIAL IMPACT: CC4CA coalition members pay annual dues to provide the resources needed for effective coalition operations, including representation by professional advocacy consultants in the General Assembly and before state agencies. Dues are based on population size. Wheat Ridge falls into the 5,000 – 49,999 population category with the base membership due of $5,000. BACKGROUND: CC4CA focuses on legislative, regulatory, and administrative action on a state and federal level through the support of their coalition of Colorado municipalities. Through CC4CA, local governments can influence state and federal actions more than individual municipalities can Council Action Form – CC4CA Membership September 27, 2021 Page 2 alone. CC4CA provides the framework for strong collaboration between state and local governments, which results in maximum return on local efforts. Through the coalition, members pool financial resources through their membership dues to secure professional representation, ensuring impactful presence at the Colorado General Assembly, state agencies and rulemaking commissions and Colorado’s Federal Congressional delegation. The coalition also offers networking opportunities for members and produces analyses and materials in support of coalition and member priorities and actions. Coalition members annually update a Policy Statement that guides the coalition’s advocacy efforts. CC4CA’s policy positions reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. The Policy Statement includes: • Actively supporting pro-climate action legislation and opposing bills that undercut state or local climate authority. • Advocating for state policies and actions that put Colorado on the path to significant greenhouse gas emissions reductions and empower local governments to take effective action in their own communities. • Representing local interests in state agency proceedings on climate protection, energy efficiency, and clean energy, and advocating for continued and strengthened federal climate actions and against efforts to roll back federal policies and programs. RECOMMENDATIONS: Staff recommends approval of this resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 47-2021, a resolution by the City of Wheat Ridge, Colorado in support of joining Colorado Communities for Climate Action” Or, “I move to postpone indefinitely Resolution No. 47-2021, a resolution by the City of Wheat Ridge, Colorado in support of joining Colorado Communities for Climate Action for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Kayla Betzold, Sustainability Coordinator Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 47-2021 2. CC4CA 2021-2022 Policy Statement 3. CC4CA 2021-2022 Membership Overview CITY OF WHEAT RIDGE RESOLUTION NO. 47 Series of 2021 TITLE: A RESOLUTION BY THE CITY OF WHEAT RIDGE, COLORADO IN SUPPORT OF JOINING COLORADO COMMUNITIES FOR CLIMATE ACTION WHEREAS, the City of Wheat Ridge City Council recognizes the significant climate impacts to our community and many others that are already taking place, and the likelihood that these impacts will continue to intensify in the coming years, including additional infrastructure costs, health impacts to community members, economic impacts to businesses, water supply and water quality challenges, and others; and WHEREAS, Sustainable Wheat Ridge, a resident-led advisory committee, created a Sustainability Action Plan, and presented that plan to City Council in June 2018 to improve the six focus areas as determined by City Council: Energy Efficiency & Green Building, Renewable Energy, Water, Transportation, Solid Waste & Recycling, and Communications & Engagement; and WHEREAS, the City Council recognizes that local policies and local action, while critical, will not alone be sufficient to meet our own climate, energy, and sustainability goals, nor will they alone be sufficient to reduce the severity of climate change and its impacts to our community; and WHEREAS, Colorado Communities for Climate Action (CC4CA) was established to further the adoption of federal and state policies that will: a) strengthen statewide and federal policies impacting greenhouse gas emissions in Colorado; and b) provide local governments in Colorado with the tools, funding, flexibility, and authority necessary to adopt effective climate protection strategies; and WHEREAS, the City of Wheat Ridge desires to have an effective voice in the development of statewide energy and greenhouse gas reduction policies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. That the City of Wheat Ridge will join Colorado Communities for Climate Action and expresses support for the Colorado Communities for Climate Action Policy Statement adopted by the CC4CA Board of Directors on June 4, 2021. DONE AND RESOLVED THIS 27th DAY OF SEPTEMBER 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 Adams County · Aspen · Avon · Basalt · Boulder · Boulder County · Breckenridge · Broomfield Carbondale · Clear Creek County · Crested Butte · Dillon · Eagle County · Edgewater · Erie · Fort Collins Frisco · Gilpin County · Glenwood Springs · Golden · Lafayette · Longmont · Louisville · Lyons · Mountain Village Nederland · Northglenn · Ouray County · Pitkin County · Ridgway · Salida · San Miguel County Snowmass Village · Summit County · Superior · Telluride · Vail · Westminster CC4CA Policy Statement Effective July 1, 2021 Adopted by the Board of Directors June 4, 2021 Colorado Communities for Climate Action is a coalition of local governments advocating for stronger state and federal climate policy. CC4CA’s policy positions reflect unanimous agreement among the coalition members on steps that should be taken at the state and federal level, often in partnership with local governments, to enable Colorado and its communities to lead in protecting the climate. CC4CA generally focuses on legislative, regulatory, and administrative action, supporting efforts that advance the general policy principles and the detailed policy positions described below, and opposing efforts that would weaken or undermine these principles and positions. General Policy Principles The following general principles guide Colorado Communities for Climate Action's specific policy positions. CC4CA supports: •Collaboration between state and federal government agencies and Colorado’s local governments to advance local climate protection and resilience. •State and federal programs to reduce greenhouse gas pollution, including adequate and ongoing funding of those programs. •Analyses, financial incentives, infrastructure, and enabling policies for the development and deployment of clean energy technologies. •Locally driven and designed programs to support communities impacted by the clean energy transformation. •Prioritizing policies that put equity at the center of decision-making by addressing systemic environmental and governance inequities based on race and socioeconomic status and by justly transitioning and growing the clean economy. ATTACHMENT 2 2 Policy Positions Colorado Communities for Climate Action supports the following policy positions: Statewide Climate Strategies 1. Reduce statewide greenhouse gas emissions consistent with or greater than the State of Colorado’s 2019 codified goals. 2. Secure accurate, actionable useful, and regular state greenhouse gas inventories and forecasts for Colorado which are made accessible to local governments and incorporate alignment between state and local inventory data to the extent possible. 3. Adopt a comprehensive market-based approach to reduce Colorado’s greenhouse gas emissions that ensures the benefits accrue justly and equitably to impacted communities. 4. Expand consideration of the environmental and health costs associated with the use of fossil fuels in making and implementing climate-related policy. Local Climate Strategies 5. Remove barriers and promote opportunities that allow counties and municipalities to maximize deployment of local clean energy and climate-related strategies, including resilience-oriented strategies, while promoting affordable, accessible, and equitable delivery of reliable clean energy. 6. Enable local governments to obtain the energy use and other data from utilities and state agencies that they need to effectively administer climate and clean energy programs. 7. Support a comprehensive public process for evaluating retail and wholesale energy choice options for communities, informed by a broad variety of stakeholders. 8. Provide for cost-effective and equitable policies, strategies, and practices that enable and accelerate energy efficiency in buildings, beneficial electrification, reducing GHG emissions, improving quality of life, and making the electric grid more robust and resilient. Energy Generation 9. Accelerate retirement of existing fossil fuel generation facilities and their replacement with cost-effective and reliable clean energy supplies, through means that support utilities, consumers, and the communities where these facilities have been located. 3 10. Expand the ability of electric cooperatives and municipal electric utilities to independently purchase local renewable electricity and take other steps to reduce greenhouse gas pollution. 11. Modernize energy infrastructure to enhance community-based resilience and integrate distributed energy resources. Energy Efficiency 12. Expand demand side savings from efficiency and conservation for all energy types. 13. Support ongoing and sustainable funding for weatherization and renewable energy assistance to low-income households, including those in fossil fuel-dominated economies, so that all Coloradans have access to comfortable and affordable homes. 14. Support ongoing and sustainable funding for programs that assist communities in the transition from fossil fuel-dominated economies. 15. Provide counties and statutory cities and towns with the same authority held by home rule cities to implement local energy conservation policies and programs. Transportation 16. Ensure effective implementation of Colorado’s vehicle emissions standards and other regulatory and programmatic activities designed to reduce greenhouse gas emissions from mobile sources. 17. Implement the 2020 Colorado Electric Vehicle Plan and other efforts to increase electrification of all motor vehicles. 18. Increase funding and policy incentives for multimodal transportation and multimodal-friendly development statewide. 19. Incentivize and select mobility alternatives, including movement of both people and goods, based on energy efficiency, and environmental costs and benefits. Fossil Fuel Extraction Activities 20. Expand monitoring and reduction of the full life cycle emissions from fossil fuel extractive industry activities. Waste 21. Grant CDPHE authority to implement a plan for meeting Colorado’s statewide and regional solid waste diversion goals. 4 22. Reduce or eliminate use of disposable/single-use products and promote reuse of materials, including construction and demolition waste. 23. Foster circular economy policies like reuse, recycling, composting, and reducing the carbon intensiveness of materials and products. 24. Reduce greenhouse gas emissions from solid waste, water treatment, wastewater processing, and agricultural activities. General 25. Encourage adoption of climate-positive innovations like telecommuting, drawing from the lessons learned during the coronavirus pandemic, to substantially reduce air and greenhouse gas pollution. 26. Promote proactive programs and efforts that improve the resilience and adaptability of Colorado communities in the face of natural disasters and other major challenges associated with climate change, including ensuring that disaster stabilization and recovery efforts result in reduced greenhouse gas pollution and improved resilience to future disasters. 27. Support exploration and deployment, when appropriate, of natural climate solutions (NCS) and of carbon capture and utilization/sequestration (CCUS). 28. Reduce greenhouse gas emissions and increase resilience associated with water management through water conservation, efficiency, reuse, adaptation and low impact development strategies. 29. Encourage investments that achieve climate-positive solutions, including policies that encourage entities investing public dollars to consider partial or full divestment as part of their investment strategies. 30. Maintain protections and authorities currently provided under environmental laws like the National Environmental Policy Act, Clean Air Act, and Clean Water Act, and ensure that these laws are fully implemented. Colorado Communities for Climate Action July 2021 Colorado Communities for Climate Action is a coalition of counties and municipalities advocating for strong state and federal climate policy. Climate change is a defining challenge of this century. As local governments and local elected officials, we have a unique perspective on the threats and challenges that climate change poses, a perspective that is often overlooked in the policy debates. Current Policy Priorities Colorado Communities for Climate Action works to shape state and federal climate policy. Coalition members annually update a Policy Statement that guides the coalition’s advocacy efforts. The Policy Statement includes: • Actively supporting pro-climate action legislation and opposing bills that undercut state or local climate authority. • Advocating for state policies and actions that put Colorado on the path to significant greenhouse gas emissions reductions and empower local governments to take effective action in their own communities. • Representing local interests in state agency proceedings on climate protection, energy efficiency, and clean energy, and advocating for continued and strengthened federal climate actions and against efforts to roll back federal policies and programs. Benefits of the Coalition Collaboration Working together through Colorado Communities for Climate Action, local governments can influence state and federal actions more than individual jurisdictions can alone. CC4CA works for strong collaboration between state and local governments, maximizing the return on local efforts. Cost-Effectiveness Pooling resources to secure professional representation is the most cost-effective way for local governments to sustain a focused and impactful presence at the state and federal levels. Local Support The coalition also offers networking opportunities to members and produces analyses and materials in support of coalition and member priorities and actions. ATTACHMENT 3 Coalition Members • Adams County • Aspen • Avon • Basalt • Boulder • Boulder County • Breckenridge • Broomfield • Carbondale • Clear Creek County • Crested Butte • Dillon • Eagle County • Edgewater • Erie • Fort Collins • Frisco • Gilpin County • Glenwood Springs • Golden • Lafayette • Longmont • Louisville • Lyons • Mountain Village • Nederland • Northglenn • Ouray County • Pitkin County • Ridgway • Salida • San Miguel County • Snowmass Village • Summit County • Superior • Telluride • Vail • Westminster Budget and Annual Dues CC4CA members pay annual dues to provide the resources for effective coalition operations, including representation by professional advocacy consultants in the General Assembly and before state agencies. Dues are based on population size. Within each population category, local governments have a choice of dues amounts (Base, Base Plus, etc.). Every member of the coalition has the same voice and vote regardless of the dues level they select. Coalition Leadership The coalition is guided by a board comprised of representatives from member jurisdictions, as well as an executive director and other committees of member representatives making decisions on particular subjects. A unanimous vote of all members is required to amend CC4CA’s Policy Statement. Elisabeth Rosen of Political Advocacy, Inc. and Eliza Schultz of Schultz Public Affairs represent the coalition at the state capitol. For more information: Jacob Smith, Executive Director jsmith@cc4ca.org • (303) 810-6017 • CC4CA.org ITEM NO: 1b DATE: September 27, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 48-2021 – A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A 2022 COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR CONSULTING WORK FROM THE LEAVE NO TRACE CENTER FOR OUTDOOR ETHICS 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 funding for the Leave No Trace Center for Outdoor Ethics to consult on research, analysis, and recommendations for implementing and communicating the Leave No Trace principles throughout the trails and trailheads within the Wheat Ridge Greenbelt and Lewis Meadows Open Space. A resolution of support is required from City Council to apply for this grant. PRIOR ACTION: There has been no prior action on this 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 estimate for this work from the consultant is approximately $15,000. 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 $1,500 to $3,750, with the remaining $11,250 to $13,500 coming from Colorado Parks and Wildlife. Council Action Form - CPW Non-Motorized Trail Grant Support Page 2 BACKGROUND: Wheat Ridge open spaces (the Greenbelt and Lewis-Meadows) experience heavy use and issues related to off-trail pedestrians and cyclists, users accessing the creek in places that increase erosion, littering, people experiencing homelessness, and other user impact. Over time, these issues increase damage to the natural open space areas and make it less appealing to users and less sustainable for its natural components. This proposed work would have the consultant review and research the current state of the Wheat Ridge Greenbelt and Lewis Meadows Open Space (300 acres and 7 miles of trails in total), assess management and visitor concerns, and evaluate current recreation-related impacts and existing educational initiatives with respect to Leave No Trace practices and recommendations. The primary project deliverable would be to provide the Parks and Recreation department with a comprehensive assessment report including an executive summary, management implications, educational opportunities, program development strategies, science- based methods and tactics for effective visitor education and resource management, and actionable next steps. The department would look to implement the recommendations and actionable next steps in the future following this initial preparation work. The Leave No Trace Center for Outdoor Ethics provides “innovative education, skills and research to help people care for the outdoors. By working with the public and those managing public lands, the Leave No Trace Center for Outdoor Ethics focuses on educating people—instead of costly restoration programs or access restrictions—as the most effective and least resource-intensive solution to land protection.” 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 project in a future budget year with 100% City funds. RECOMMENDED MOTION: “I move to approve Resolution No. 48-2021, a Resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for consulting work from the Leave No Trace Center for Outdoor Ethics.” Or, “I move to postpone indefinitely Resolution No. 48-2021, a Resolution authorizing submittal of an application for a 2022 Colorado Parks and Wildlife Non-Motorized Trail Grant for consulting work from the Leave No Trace Center for Outdoor Ethics for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Council Action Form - CPW Non-Motorized Trail Grant Support Page 3 Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 48-2021 2. Leave No Trace Center for Outdoor Ethics Scope of Work, Estimate CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48 Series of 2021 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A 2022 COLORADO PARKS AND WILDLIFE NON-MOTORIZED TRAIL GRANT FOR CONSULTING WORK FROM THE LEAVE NO TRACE CENTER FOR OUTDOOR ETHICS WHEREAS, the City of Wheat Ridge wishes to pursue an application for the Colorado Parks and Wildlife 2022 Non-Motorized Trail Grant support category for the purposes of contracting with the Leave No Trace Center for Outdoor Ethics to consult on research, analysis, and recommendations for implementing and communicating the Leave No Trace principles throughout the trails and trailheads within the Wheat Ridge Greenbelt and Lewis Meadows Open Space; 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; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, manage long-term maintenance on the project and open space property; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, maintain ownership of the open space property on which the project is to occur (Wheat Ridge Greenbelt and Lewis Meadows Open Space) 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 27th day of September 2021. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 Project: Wheat Ridge Parks & Recreation – Leave No Trace Consulting Proposed site visit: Late winter – spring 2022 Draft scope of work: February – April 2022 (65 hours) 1) Administer online assessment to Wheat Ridge Parks & Recreation stakeholders (managers, volunteers, tourism entities, businesses, NGOs, etc. – exact sample population TBD) to obtain baseline perceptions of resource and recreation conditions, visitation and visitor demographic data, and to explore current outreach and education strategies utilized to reach existing and new visitors. 2) Conduct site visit to Wheat Ridge Parks & Recreation – spend 2 days on-site, tour specific areas, meet with various stakeholders, document conditions, assess impacts, explore visitor education efforts and outreach strategies, and identify opportunities for more effective visitor engagement and resource protection. 3) Provide initial consultation to assess and evaluate the management/visitor education concerns of the area. 4)Evaluate current recreation-related impacts and existing educational initiatives with respect to Leave No Trace practices and recommendations. 5)Submit comprehensive assessment report including sharable executive summary, management implications, educational opportunities, program development strategies, science-based methods and tactics for effective visitor education and resource management, and actionable next steps. ATTACHMENT 2 Leave No Trace Center for Outdoor Ethics PO Box 997, Boulder, CO 80306 www.LNT.org | 1.800.332.4100 2 Budget: The costs of the consulting services as outlined above will be $14,755. Breakdown of costs: 1.$150 – Fixed site visit costs 2.$14,625 – Time allocated to conduct steps 1-5 listed in the scope of work (65 hours total work, including site visit billed at $225 per hour) Hours worked on the project will be tracked, and will be reported to _______________ on a monthly basis for the duration of the project. Once the maximum number of hours has been reached, a new contract can be entered into by the parties or the project can be moved to an hourly rate for additional (or necessary) consulting services. For additional information: contact Ben Lawhon, Senior Director of Research & Consulting – Ben@LNT.org or call 1.800.332.4100 x104 Additional Services that can be added to the scope of work (for additional cost): •Initiate development of site-specific, locally-tailored visitor education program elements with Wheat Ridge Parks & Recreation stakeholders and managers. •Determine which existing language, graphics, assets, etc. from Leave No Trace could be utilized to address specific recreation and resource issues. •Provide guidance for the development of new language/graphics/assets as necessary to address other local concerns or impacts, specific activities, environments, or recreational pursuits. •Provide strategy for synchronization of content into a coherent, integrated educational/outreach program that can be implemented in whole or in part as necessary or desired. •Consult with Wheat Ridge Parks & Recreation stakeholders and managers to guide rollout and implementation of education/outreach/public engagement program(s). •Consult on various operational practices including outreach mechanisms, strategies, and methods for broad, consistent dissemination including Leave No Trace messaging/signage, location, frequency, and language. •Advise on training structure/needs for ensuring qualified pool of Leave No Trace trained stakeholders, volunteers, and staff. Leave No Trace Center for Outdoor Ethics PO Box 997, Boulder, CO 80306 www.LNT.org | 1.800.332.4100 3 • Provide guidance on program evolution over time, and strategies for maintaining and enhancing efforts as well as continued identification of emerging opportunities to reach new and diverse audiences. • Consult on deployment of assessment tools using quantitative and/or qualitative methodologies to measure effectiveness of programmatic efforts as desired. • Conduct empirical research exploring visitor attitudes, perceptions, norms, behavioral intent, and actual behaviors as they pertain to responsible recreation, Leave No Trace, recreation-related impacts, and sustainable enjoyment of the Park. • Conduct empirical research into the efficacy of education and outreach efforts in the park. • Creation of data-driven messages (based on research findings) for influencing visitor behavior to better align with recommended Leave No Trace practices. • Development and production of educational materials: brochures, posters, signs, booklets, web-based content, digital assets, etc. • Implementation of Leave No Trace efforts: ranger programs, volunteer coordination, staff training, Authority of the Resource training, volunteer training, effective communication training, etc. • Program development such as a locally- tailored Junior Ranger Programs, citizen science programs, etc. • Focus group facilitation to explore recreation or impact-related topics of interest with park visitors, park managers, or key park stakeholders. Confidentiality Notice This consulting proposal contains confidential and proprietary information of the Leave No Trace Center for Outdoor Ethics (the Center). Accordingly, this consulting proposal is confidential and is intended solely for the information of the individual or entity to which it is delivered by or on behalf of the Center. By accepting a copy of this consulting proposal, the recipient agrees not to copy, distribute or otherwise disclose this consulting proposal or its contents or any other related information to any other individual or entity without the prior written consent of the Center. ITEM NO: 2 DATE: September 27, 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 are included. FINANCIAL IMPACT: None Council Action Form – Outdoor Recreational Equipment September 27, 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 27, 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 second reading 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 2. Planning Commission draft meeting minutes 3. Public comment received on Wheat Ridge Speaks prior to September 2 PC hearing ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Weaver 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 8 to 0 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: September 30, 2021 Jeffco Transcript: Effective Date: October 15, 2021 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 held in person and virtually, using Zoom video-teleconferencing technology. As duly announced 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 City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated 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 DISNEY to approve the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – June 17, 2021 and August 19, 2021 ATTACHMENT 2 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. Public Comment Kathleen Baccarini 11065 Linda Vista Dr., Lakewood, Residence 10745 W. 35th Avenue, Wheat Ridge, Rental Property Ms. Baccarini explained that her renters abruptly moved out due to the halfpipe in their neighbor’s back yard due to the excessive noise that comes from the adults and the skateboards and the loss of privacy. She inquired why the ordinance was only limiting the structures to 12 feet and if there can still be a person on top. She appreciates the consideration from the Commissioners and City Council members. Amanda Weaver, District III Council Member 11100 W. 38th Ave., Wheat Ridge Ms. Mikulak stated that Ms. Weaver was present to read statements from constituents who wish to remain anonymous. The City Attorney has confirmed this is permitted because this case is legislative in nature and because Council Rules specifically allow City Council Members to read comments from constituents who cannot be present at the meeting. The 1st statement explained that they are neighbors concerned about the use of the skate ramp regarding privacy, safety, and property values. They also mentioned the noise level is very loud coming from the skateboards and the adults riding in the halfpipe. The 2nd statement is from another concerned neighbor who is directly affected by the halfpipe in their neighbor’s yard and is upset at the loss of privacy and the increase of noise. They are voicing their concerns no matter the outcome so other neighbors in the City of Wheat Ridge do not have to deal with the similar issues in the future. The 3rd statement stated they support the ordinance to limit the size and height of outdoor recreational structures on private property and reiterated their privacy has Planning Commission Minutes -9 – September 2, 2021 been lost. They added the property owner has not taken into consideration the impact of the halfpipe on the neighborhood or the quality or their quality of life. Enzo Perri, Resident 10750 W. 35th Avenue Mr. Perri explained the noise of the skateboard is constant and the property owner is very aggressive and unapproachable. Peter Baccarini, 11065 Linda Vista Dr., Lakewood, Residence 10745 W. 35th Avenue, Wheat Ridge, Rental Property Mr. Baccarini reiterated the comments of previous speakers and agrees there needs to be a code amendment for outdoor recreation equipment but is worried that 12 feet is still too high. Commissioner LARSON closed the public comment. Commissioner LEO thinks most of the comments had to do with noise and privacy and most of the structures pictured in the report do not usually have adults associated with them. She asked if there is a percentage of a yard that obstacle courses can be allowed on larger properties. Also, she asked what the amortization date is. Ms. Mikulak commented that smaller obstacle courses will be allowed if they comply with setbacks, size, and height. She added that variances are an option for larger yards, but percentage of lot areawas not explored as a maximum size limit. Ms. Mikulak also clarified that noise is not a part of the zoning code, but part of the nuisance code and is regulated by the police department which can be challenging to enforce. She mentioned that the amortization date for non-conforming equipment existing prior to the effective date of this ordinance is mid-April 2022, meaning equipment shall be brought into conformance by then. She added that enforcement is complaint driven. Commissioner DISNEY asked if the structure is 12 feet in height will this stop people from installing these types of equipment. Ms. Mikulak explained a code is not written for one specific issue, but there will need to be some modification to bring the existing halfpipe into compliance because it exceeds multiple development standards. She added the 12-foot regulation is a balance between minor and major accessory structures. Commissioner OHM asked if the height and setback is a typical structure height and understands the citizens complaints. He also commented that a property Planning Commission Minutes -10 – September 2, 2021 owner’s house can be 35 feet in height and a balcony can be up high. He then asked if there is a way to measure the noise. Ms. Mikulak explained that setback differs depending on the zone district and can range from 5 to 15 feet. She also clarified that the City’s noise regulations do not include a decibel limit on residential properties. In response to a question from Commissioner OHM, Ms. Mikulak said that structures in a front yard must follow front yard setbacks. Commissioner OHM feels that kiddy pools should be in a back yard for safety and to avoid accidental drowning. Commissioner SIMBAI inquired if the Community Development Director has the power to determine if the equipment is permanent or not. He also mentioned that this Code Amendment feels like it is due to one piece of equipment. Ms. Mikulak explained that the decision maker is the Director and if not agreed with, then the Board of Adjustment can make a final decision on the interpretation of whether something is permanent or temporary; the board also decides on variances that exceed 50% of the standard. She also mentioned this is not the typical path for a Code to be written based on specific issue, but it is the way it happens sometimes. Commissioner LARSON asked staff to explain the permitting process for a property owner that wants a permanent structure on their property. He also asked how these structures will come into compliance. Ms. Mikulak explained that this will be similar to the rules that apply to a fence which does not need a building permit, but it needs to follow the development standards. She added that enforcement of these structures will be complaint based. With the current code, it is basically impossible for the PD to enforce because there is not a specific code section to refer to. Ms. Mikulak mentioned that the Public Hearing for City Council is September 27. In response to a comment from Commissioner SIMBAI, Ms. Mikulak mentioned that paid mediation has been offered to the neighborhood with the halfpipe. It was moved by Commissioner DISNEY and seconded by Commissioner OHM to recommend approval of a code amendment modifying Chapter 26 of the Wheat Ridge Code of Laws regarding outdoor recreational equipment on private property Motion carried 6-0. 8.OLD BUSINESS Wheat Ridge Speaks Published Comments for September 2, 2021 Planning Commission Meeting Code Amendment - Outdoor Recreational Equipment I am writing today to express concern about the restrictive nature of the proposed ordinance with respect to Section 3, Substection F.4(a) wherein the proposed ordinance limits the square footage of recreational equipment to 400 square feet (sq/ft). The city of Wheat Ridge's intent with the new policy "is to allow for reasonable, common sense enjoyment of recreational equipment in residential yards." However, the 400 sq/ft limit, if imposed, would not allow for even the smallest readily available batting cage, which typically measure 12 x 35 (420 sq/ft). I believe limiting recreational equipment to 400 sq/ft is a "one size fits all" approach that not reasonable for a city where lot sizes are typically larger than those of Denver, especially in areas where typical lot sizes can often times exceed one-third of an acre. I think a more reasonable approach would be to follow the city of Denver by setting a limit of 1,000 sq/ft or 10% of the properties lot size, whichever is smaller. I believe this approach would be more tenable and it would allow residents to reasonably enjoy recreational equipment in their yards. August 31, 2021, 12:37 PM Jason Funk 7 Morningside Drive Wheat Ridge, 80215 ATTACHMENT 3 ITEM NO: 3 DATE: September 27, 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 27, 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 second reading and that it takes 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 Nosler-Beck 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 8 to 0 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: September 30, 2021 Effective Date: September 27, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us Lo u i s v i l l e 20 , 1 4 8 1 , 1 6 4 $ 13 , 9 6 8 $ no t s p e c i f i e d n o t s p e c i f i e d 972 $ 1 1 , 6 6 4 $ Go l d e n 2 0 , 7 4 9 1 , 8 4 7 $ 2 2 , 1 6 4 $ 1 , 4 4 7 $ 1 7 , 3 6 4 $ 1 , 3 4 7 $ 1 6 , 1 6 4 $ Wh e a t R i d g e 3 1 , 2 2 2 8 4 0 $ 1 0 , 0 8 0 $ 6 0 0 $ 7, 2 0 0 $ 600 $ 7,200 $ La f a y e t t e 34 , 2 0 5 1 , 0 3 1 $ 12 , 3 7 2 $ 79 7 $ 9, 5 6 4 $ 750 $ 9,000 $ Br i g h t o n 42 , 8 6 6 1 , 4 0 0 $ 16 , 8 0 0 $ 1, 2 0 0 $ 14 , 4 0 0 $ 1,000 $ 12,000 $ Pa r k e r 54 , 3 5 2 1 , 4 5 5 $ 17 , 4 6 0 $ no t s p e c i f i e d n o t s p e c i f i e d 1,164 $ 1 3 , 9 6 8 $ Lo n g m o n t 9 8 , 7 1 1 1 , 5 0 0 $ 1 8 , 0 0 0 $ no t s p e c i f i e d n o t s p e c i f i e d 1,200 $ 1 4 , 4 0 0 $ Bo u l d e r 1 0 5 , 0 0 3 1 , 0 1 7 $ 1 2 , 2 0 4 $ 1 , 0 1 7 $ 1 2 , 2 0 4 $ 1 , 0 1 7 $ 1 2 , 2 0 4 $ Gr e e l e y 1 1 0 , 9 9 7 1 , 5 0 0 $ 1 8 , 0 0 0 $ no t s p e c i f i e d n o t s p e c i f i e d 1,000 $ 1 2 , 0 0 0 $ We s t m i n s t e r 1 1 3 , 0 4 4 1 , 5 3 7 $ 1 8 , 4 4 4 $ 1 , 3 1 7 $ 1 5 , 8 0 4 $ 1 , 0 9 8 $ 1 3 , 1 7 6 $ Ar v a d a 1 2 2 , 9 7 4 1 , 5 0 0 $ 1 8 , 0 0 0 $ 1 , 2 5 0 $ 1 5 , 0 0 0 $ 1 , 1 5 0 $ 1 3 , 8 0 0 $ Th o r n t o n 1 4 5 , 6 8 8 2 , 0 0 0 $ 2 4 , 0 0 0 $ no t s p e c i f i e d n o t s p e c i f i e d 1,500 $ 1 8 , 0 0 0 $ La k e w o o d 1 6 0 , 4 4 1 3 , 2 3 3 $ 3 8 , 7 9 6 $ no t s p e c i f i e d n o t s p e c i f i e d 1,288 $ 1 5 , 4 5 6 $ Ft . C o l l i n s 1 7 4 , 8 7 1 1 , 2 8 0 $ 1 5 , 3 6 0 $ no t s p e c i f i e d n o t s p e c i f i e d 853 $ 1 0 , 2 3 6 $ Av e r a g e 1 , 5 2 2 $ 1 8 , 2 6 1 $ 1 , 0 9 0 $ 1 3 , 0 7 7 $ 1 , 0 6 7 $ 1 2 , 8 0 5 $ Annual Salary Council Ci t y Ci t y Po p u l a t i o n Mo n t h l y S a l a r y Ma y o r Mo n t h l y S a l a r y Ma y o r P r o T e m Mo n t h l y S a l a r y Co u n c i l An n u a l S a l a r y Ma y o r An n u a l S a l a r y Ma y o r P r o T e m AT T A C H M E N T 2 ITEM NO: 4 DATE: September 27, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2021 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4535 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-21-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (09/27/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4535 Wadsworth Boulevard. The zone change will result in a zoning that matches surrounding zoning designations, as well the character of the Wadsworth Corridor. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on September 16, 2021 and recommended approval. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the October 25, 2021 public hearing. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $934.66 were collected for the review and processing of Case No. WZ-20-04. If the rezoning is approved, the City may benefit from various fees collected depending on the future permitted use, such as building permit fees or sales tax. Council Action Form – Proposed Rezoning at 4535 Wadsworth Boulevard September 27, 2021 Page 2 BACKGROUND: The property is located on the west side of Wadsworth Boulevard between W. 44th Avenue and W. 47th Avenue. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials, with the Improve Wadsworth Project slated to start construction in fall 2021. Land for right-of-way dedication along the eastern property line was acquired from this property as part of the project. According to the Jefferson County Assessor, the property measures 49,223 square feet (1.13 acres) in size and contains a church built in 1952. The property is currently zoned Residential- Two (R-2). The properties immediately to the north and across the street to the east are also zoned R-2 and contain a residence and a church, respectively. Many church properties in the City are zoned residentially. Most other properties along Wadsworth Boulevard in this area, however, are in commercial or mixed-use zone districts and primarily contain commercial uses. To the immediate west is a multifamily residential development on Yukon Court zoned Residential- Three (R-3). Further to the east and west are lower-density residential uses, also zoned R-2 (Exhibit 2, Zoning Map). Current Zoning The current zone district, R-2, was established to provide high quality, safe, quiet, and stable low to moderate-density residential neighborhoods. The R-2 district allows only single-family houses, duplexes, churches, and schools; aside from home occupations, commercial uses are prohibited. Proposed Zoning The applicant is requesting the property be rezoned to MU-N, a zone district intended to provide medium density mixed-use development. In addition to residential and office uses, it allows for a range of neighborhood-serving commercial and retail uses. The applicant intends to rezone the property in order to allow uses that are more consistent with the current land use patterns on the Wadsworth Corridor and future potential conditions of Wadsworth due to the Improve Wadsworth Project. An analysis of the zone change criteria will be provided at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission staff report and minutes will be included in the City Council packet for the public hearing. Council Action Form – Proposed Rezoning at 4535 Wadsworth Boulevard September 27, 2021 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2021, an ordinance approving the rezoning of property located at 4535 Wadsworth Boulevard from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) on first reading, order it published, public hearing set for Monday, October 25, 2021 at 7 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.” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 17-2021 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 17 ORDINANCE NO. _________ Series of 2021 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4535 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-21-05) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, David Heller has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for property located at 4535 Wadsworth Boulevard; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses along Wadsworth Boulevard to encourage the redevelopment of outdated and underutilized properties on that corridor; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on September 16, 2021 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by David Heller for approval of a zone change ordinance from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 4535 Wadsworth Boulevard, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE SOUTH 150.00 FEET OF THE NORTH 556.00 FEET OF THE EAST ONE HALF OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. EXCEPT THE EAST 75.00 FEET THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 27th day of September, 2021, ordered it published with Public Hearing and consideration on final passage set for Monday, October 25, 2021 at 7:00 o’clock 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, 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: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: September 30, 2021 2nd publication: Jeffco Transcript: Effective Date: ITEM NO: 5 DATE: September 27, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS OF $2,784,939 TO FARRINGTON CONSTRUCTION FOR THE PROSPECT PARK PHASE II IMPROVEMENT PROJECT AND APPROVE A CONTINGENCY IN THE AMOUNT OF $200,000 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 award of this contract will continue the efforts to revitalize Prospect Park with the addition of several park amenities: replacement of the main picnic pavilion/shelter; re-routing of the main drive into the south parking lot; relocation of the playground, adding amenities including cornhole, horseshoe pits, and a small shelter; construction of a fishing pavilion on the northeast side of Prospect Lake; landscaping in the currently unimproved area on the north side of the park; and removal of current tennis courts with addition of lighted pickleball courts. PRIOR ACTION: City Council approved a Resolution authorizing the submittal of an application for a Local Parks and Outdoor Recreation Grant on October 9, 2017. That grant was later awarded in the amount of $350,000. City Council approved a contract award for Design Concepts, Inc. in a not to exceed amount of $175,695 for the purpose of preparing the design and construction documents for Prospect Park Phase II on January 22, 2018. Council Action Form – Prospect Phase II Construction Award September 27, 2021 Page 2 City Council approved the 2021 City budget, which included funding for this project in Fund 32 and Fund 54 on October 26, 2020. City Council approved an amendment to the grant agreement with GOCO to add $162,970 in Resilient Communities grant fund to the existing $350,000, totaling $512,970 on October 26, 2020. City Council approved a Resolution amending the 2021 Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $516,100 for the purpose of the Prospect Park Phase II project on April 26, 2021. FINANCIAL IMPACT: Funding in the amount of $2,984,939 for this project is budgeted in the Open Space and Conservation Trust Funds. The funds shall provide for all general contractor costs as identified in the bid package. Including but not limited to any demolition, mobilization, site management, site cleanup costs. Itemized costs for structural, mechanical, and electrical considerations have been provided by the contractor. Two grants also support this project: A GOCO Local Parks and Outdoor Recreation Grant in the amount of $350,000, and a GOCO Resilient Communities Grant in the amount of $162,970. BACKGROUND: The 2015 Parks and Recreation Master Plan recommended significant revitalization efforts for Prospect Park. The Prospect Revitalization Project was conceptualized and designed based on input provided by the community and stakeholders. Because of budget constraints the project has been broken down into three phases. Phase I, completed in spring of 2018, included drainage improvements, construction of three sports fields, fencing replacement, pedestrian walkway construction, and irrigation improvements. Phase III, which remains unfunded, represents the northern portion of the park, and includes a new restroom building and storage, Berbert House renovations, a picnic area with a play feature and parking lot improvements. The bid documents for ITB-21-10 Prospect Park Phase II were advertised on July 27, 2021 and the bids were opened on September 7, 2021. Five proposals were received, and two proposals were accepted as complete. City staff, with assistance from Design Concepts, has evaluated the bids and found that the lowest bidder, Farrington Construction, has met the bid and qualification requirements. RECOMMENDATIONS: Parks and Recreation staff recommend the award of the Prospect Phase II Park Improvement Project to Farrington Construction of Denver, CO. Council Action Form – Prospect Phase II Construction Award September 27, 2021 Page 3 RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Farrington Construction in the amount of $2,784,939 for the Prospect Park Phase II Improvement Project and approve a contingency in the amount of $200,000. Or, “I move to deny award and payment to Farrington Construction in the amount of $2,784,939 for the Prospect Park Phase II Improvement Project for the following reason(s) ______________________.” REPORT PREPARED/REVIEWED BY: Zach Lovato, Parks, Forestry and Open Space Manager Karen O’Donnell, Director of Parks and Recreation Thomas (TJ) Ellison, Procurement Coordinator Whitney Mugford-Smith, Procurement Manager Patrick Goff, City Manager ATTACHMENTS: 1. ITB-21-10 Prospect Park Phase II Bid Tabulation PROJECT: ITB-21-10 VENDOR Native Sun Construction Inc. GoodLand Construction Inc. Musco Sports Lighting Adolfson & Peterson Construction Western States Reclamation LOCATION 16050 Old Denver Rd, Monument, CO 80132 760 Nile St, Golden, CO 80401 3756 Imperial St, Frederick, CO 80516 MANDATORY SITE VISIT Y Y Y Y Y BIDDER ACKNOWLEDGEMENT FORM Y Y ACKNOWLEDGE ADDENDA (3)Y Y CONTRACTOR'S QUALIFICATION FORM Y Y BID FORM Y Y LIST OF SUBCONTRACTORS AND AMOUNT Y Y NON-DISCRIMINATION ASSURANCE FORM Y N WORKER WITHOUT AUTHORIZATION Y Y NON-COLLUSION AFFADAVIT Y Y CERTIFICATION STATEMENT FOR KEEP JOBS IN COLORADO ACT Y Y BID BOND FORM Y Y LUMP SUM BASE BID 2,665,630.00 2,495,020.00 LUMP SUM PICKLEBALL ALTERNATE 624,800.00 678,882.00 ATTACHMENT A - PRICE SCHEDULE Y Y OTHER DESCRIBED TOTAL BID $0.00 $3,290,430.00 $0.00 $0.00 $3,173,902.00 DQ - Incomplete WITNESSED BY: WHITNEY MUGFORD-SMITHDUE DATE/TIME: TUESDAY, SEPTEMBER 7, 2021 BY 1:00 PM LOCAL TIM REQUESTED BY: MARK RUOTE OPENED BY: TJ ELLISONPROSPECT PARK PHASE 2 CONSTRUCTION page 1 of 2 ATTACHMENT 1 PROJECT: ITB-21-10 VENDOR Star Playgrounds Farrington Construction KCI Technologies ECI Construction Management, Inc. Terradyne Engineering, Inc. LOCATION 9892 Titan Park Cir STE 1, Littleton, CO 8012 400 W 48th Ave, Denver, CO 80216 605 Weaver Park Road. Longmont CO 80501 2526 14th St SE, Loveland, CO 80537 15403 E. 17th Ave, Ste E, Aurora, CO 80011 MANDATORY SITE VISIT Y Y Y Y N BIDDER ACKNOWLEDGEMENT FORM Y Y ACKNOWLEDGE ADDENDA (3)Y Y CONTRACTOR'S QUALIFICATION FORM Y Y BID FORM Y Y LIST OF SUBCONTRACTORS AND AMOUNT Y Y NON-DISCRIMINATION ASSURANCE FORM Y N WORKER WITHOUT AUTHORIZATION Y Y NON-COLLUSION AFFADAVIT Y N CERTIFICATION STATEMENT FOR KEEP JOBS IN COLORADO ACT Y N BID BOND FORM Y Y LUMP SUM BASE BID 2,229,138.00 2,151,618.00 LUMP SUM PICKLEBALL ALTERNATE 485,801.00 594,956.00 ATTACHMENT A - PRICE SCHEDULE Y Y OTHER DESCRIBED $22,013.20 TOTAL BID $0.00 $2,784,939.00 $2,746,574.00 $0.00 $22,013.20 DQ - Incomplete DUE DATE/TIME: TUESDAY, SEPTEMBER 7, 2021 BY 1:00 PM LOCAL TIM WITNESSED BY: WHITNEY MUGFORD-SMITH REQUESTED BY: MARK RUOTE PROSPECT PARK PHASE 2 CONSTRUCTION OPENED BY: TJ ELLISON page 2 of 2