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HomeMy WebLinkAboutCity Council Meeting Agenda 11-22-21AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 22, 2021 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 22, 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: 894 5330 6594 • Passcode: 638647 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. Those requiring assistance, ASL or translation service for languages other than English are asked to contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes October 25, 2021 PROCLAMATIONS AND CEREMONIES Small Business Saturday APPROVAL OF AGENDA PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: NOVEMBER 22, 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. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to cancel the December 27, 2021 Regular Business Meeting of the Wheat Ridge City Council due to the Christmas holiday b. Motion to appoint Councilmember Hultin to the Sustainable Wheat Ridge Committee PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 19-2021 - an ordinance approving the rezoning of property located at 6011 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use – Commercial (MU-C) (Case. No. WZ-21-07) ORDINANCES ON FIRST READING 3. Council Bill No. 22-2021 - an ordinance approving the disposition of park land at Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary 4. Council Bill No. 23-2021 – an ordinance approving the transfer of 4100 Gray Street through General Warranty Deed to the County of Jefferson, State of Colorado, in order to place a reverter on the property and return ownership to the City of Wheat Ridge through a Commissioner’s Deed DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 56-2021 – a resolution amending the Fiscal Year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $187,402 for the purpose of purchasing and installing an outdoor fitness court CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS PROCLAMATION SMALL BUSINESS SATURDAY NOVEMBER 27, 2021 WHEREAS, the City of Wheat Ridge recognizes the importance of local small businesses and the significant contributions they make to our local economy and community; and WHEREAS, according to the United States Small Business Administration, there are 31.7 million small businesses in the United States that employ 47.1% of the employees in the private sector; and WHEREAS, small businesses are critically important to the overall economic health of the United States, highlighting the impact of supporting local small businesses in communities like Wheat Ridge; and WHEREAS, Wheat Ridge local businesses create jobs, boost our local economy, and contribute to the vibrancy of our neighborhoods, and the City of Wheat Ridge remains committed to providing entrepreneurs and small business owners the support they need to thrive and grow; and WHEREAS, advocacy groups, local governments and public and private organizations including the Wheat Ridge Chamber of Commerce and the Wheat Ridge Business Association support the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim November 27, 2021, as SMALL BUSINESS SATURDAY ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 25, 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 Attorney, Gerald Dahl; City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; Community Development Director, Ken Johnstone; Lauren Mikulak, Planning Supervisor; other staff, guests and interested Members of the Public. APPROVAL OF MINUTES Without objection or correction, the Study Session Notes of October 4, 2021 and City Council Minutes of October 11, 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 the Proclamations Native American Heritage Month The Proclamation addresses public awareness of the history, culture and sacrifices of our indigenous people, also called the First Nations. The Mayor also highlighted the many contributions of Native American Peoples to service in our armed forces. Six First Nation peoples have connections to Wheat Ridge. City Council Minutes October 25, 2021 page 2 Communities That Care Sam Taylor, Jeffco Communities that Care Coordinator with the Jefferson Center; Pamela Gould, Jeffco Communities that Care Coordinator with Jeffco Public Health; Susan Anderson and June Beth, representing the WR Rec Center, came forward to accept the proclamation. The City participates in a multi-governmental effort to support the mental health and social development of our adolescent residents. PUBLIC’S RIGHT TO SPEAK Wes Johnson, 3595 Quail St. came to speak in support of re-election of Councilmember Amanda Weaver. He recounted specific situations during which she has helped him and why he will support her. Jenny Shaver, 8835 W. 38th Avenue came to suggest that we have red-light and speed cameras at certain more dangerous and frequently traveled intersections, especially along our major corridors. She cited examples of nearby communities that have had speed violation cameras and how those have positively impacted public safety. George Pond, 1 Rangeview Drive came to thank the Council for adapting to these challenging times. He recognized the Mayor and Council, City staff and volunteers who have served with humility, prudence and balance. Amanda Weaver is an example of such a servant leader, who has been a valued community leader for many years. I served with her, beside her, and saw her in action. I strongly support her candidacy for re-election to the City Council from District III. David Land, 8730 W. 34th Avenue, came to support Amanda Weaver’s candidacy for re- election to City Council. She is both fostering responsible development and working to fulfill all of our housing needs. She has all the pieces necessary to succeed and benefit us all. I support her re-election. Kathleen Baccarini, 10745 W 35th Ave. Came to recount her experience working with Councilmember Weaver when a huge half-pipe was built by her neighbors. Councilmember Weaver attended all of the neighborhood meetings, seeking to find mutually beneficial solutions. She put forward the proposal for a new ordinance to regulate such structures and preserve our neighbors’ rights. I support her for re-election to Council from District III. Mary Fedje, 3465 Estes St., came to say that she is very grateful and pleased with the direction of the City for the past several years. She expressed gratitude for Council’s handling of the new marijuana law. However, we have had to circulate petitions twice to undo zoning changes on Upham and on 38th Ave. I live one block from the Lutheran Campus, and I want the City to listen to our citizens and mutually trust one another but at present the City Council and staff are not trustworthy when it comes to development. Stephanie Eble, 3225 Parfet St. This is my first involvement local government. I came to highlight Amanda Weaver’s hard work on sustainable neighborhoods. She came to see me when I emailed her, and I spent an hour discussing sustainability with her. I City Council Minutes October 25, 2021 page 3 was very grateful for Amanda’s responsiveness to our residents. That convinced me to put my efforts behind Amanda. She is responsive and works with a lot of integrity. Joy Opp, 46 Hillside Drive, came as the co-chair of Sustainable Wheat Ridge, to thank Councilmember Amanda Weaver for her support and leadership in the area of sustainability. I am very grateful for her leadership on sustainability, and I support her candidacy for re-election. Julie Scarlata, 10662 W. 35th Place, came to support Amanda Weaver’s campaign for re-election to Council. Her work at Five Fridges Farm is an example of her commitment to urban agriculture, environmental awareness and integrity. Her farm is more than a business, it is a statement about urban agriculture. She is honest, works with integrity and responsiveness. She read a statement from a neighbor who also supports Councilmember Weaver’s re-election. Amanda Rebel, 10762 W. 35th Place. As a proud district III resident and strong support of Councilmember Amanda Weaver. She listens to me and educates me and then tirelessly advocates for our neighborhood. She models ethical behavior. Amanda gives and models respect, exhibits kindness, does her best and works tirelessly. I see Amanda as a gifted honest Councilmember. Kathy Plummer, 3 Twilight Drive came to support the candidacy for re-election of Councilmember Amanda Weaver. She read a statement from Councilmember Korey Stites, District III, who strongly supports his colleague’s re-election. Even through the pandemic we worked together and moved things forward. We do not always agree, but we work together for a common good. Ms. Plummer echoed Councilmember Stites impressions of Councilmember Weaver and recounted her own experience working with Councilmember Weaver. She strives to maintain the respect and dignity of all with whom she works. Kim Calomino, 4070 Dover St. Councilmember Amanda Weaver has proven to be a conscientious, honest and admirable leader. Her dedication to our history and future is clear. She strives to create a future we can all thrive in. She thanked Councilmember Urban for his eight years of service to the City and his dedication to our wellbeing and to the City’s future. Rolly Sorrentino, 4175 Teller St. to say that the City Council has not represented the citizens of Wheat Ridge recently. He cited the Upham, 38th Ave., and other zoning changes that citizens opposed. The City Council and City staff are not listening to us as they move forward developments that the residents oppose. Vivian Vos, 6920 W. 47th. Place. I served on the Planning Commission with Councilmember Weaver. I reapplied for appointment to the Planning Commission and Councilmember Weaver stated from the dais that I was unfit and unqualified. I asked her why she opposed my seating. She stated falsehoods and promised to find facts to support her contentions. She has not. She thanked Councilmember Urban for his service and responsiveness to District II residents. City Council Minutes October 25, 2021 page 4 Donna Gimeno, 3575 Quail St., has lived in Wheat Ridge for 15 years. I have been a public servant for 35 years. She knows how demanding this service is. She finds Amanda Weaver well qualified for re-election. Fred Gimeno, 3575 Quail St. He has always found Councilmember Amanda Weaver to be a responsive, respectful and helpful servant. She helped us deal with a damaged, partially fallen tree that was a clear and present danger to her house. She called Councilmember Weaver and asked for her help, and she got action from Code Enforcement quickly. He wanted an amicable solution without a confrontation with his neighbor. The City resolved the situation to his satisfaction. Janelle Shaver 8090 W. 35th Ave. Please, see that staff and the City Clerk time stamp things properly and on time. Filings should be properly timestamped and duly posted in the same manner for all. The time stamp is here, but not being used for the election. My comments are not intended as a criticism but as a suggestion to run things more smoothly. Some of the disagreements of late would have been avoided had the time stamp been properly used. Kim Ortal Hardi, 10240 W. 34th. Place. I have personally experienced Councilmember Weaver’s opponent’s lack of integrity and his personal agenda. Ms. Weaver is the opposite. She works with integrity and in good faith, and I support her re-election. Saini Hardi, 10240 W. 34th. Place looked at Council candidate Figlus’ website for his campaign and found several statements that he doubts are true. Mr. Figlus has tried to dictate the size of my back yard, something he should not be able to do. He is driven by his own needs and agenda and not the interest of our neighborhoods. I support Councilmember Weaver’s candidacy for re-election 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 one entered comments in WR Speaks for this Council session. 1. CONSENT AGENDA Discussion began at approximately 7:57 PM Councilmember Nosler Beck introduced the consent agenda. City Council Minutes October 25, 2021 page 5 a. Resolution No. 52-2021 – a resolution authorizing a building lease between the City of Wheat Ridge and Concrete Works of Colorado for 7575 West 44th Avenue Issue The City of Wheat Ridge owns the former Bank of the West building located at 7575 W. 44th Avenue (the Property). The City wishes to lease the building to Concrete Works of Colorado (CWC) for the purposes of construction headquarters for the Improve Wadsworth Project. b. Motion to approve payments to Insight Public Sector in the amount of $148,974.75 for the annual renewals of the Microsoft Enterprise Three-Year Agreement Issue The City renewed its current three-year Microsoft Enterprise Agreement on October 1, 2021. The three-year renewal included an upgrade of the current on-premises license and software package to Office 365 and Teams, inclusive of implementation and support c. Motion to cancel the November 1, 2021 study session of the Wheat Ridge City Council due to Municipal Election Issue The City Council Study Session meeting of November 1, 2021 currently does not have any scheduled agenda items. In order to provide time for the Mayor and City Council to participate in election activities, the meeting will be canceled. d. Motion to award a contract and approve subsequent payments of $88,907.73 annually to Terracide Associates LLC., of Centennial, Colorado, for right-of- way maintenance services Issue This request is for approval of the Right-Of-Way Maintenance Service Contract. The City currently contracts annually for mowing, weed prevention and mitigation, and trash pickup in various rights-of-way areas. The total service area for this contract is around 34 acres. The scope of work includes year-round services, as and where needed. Staff anticipates 5 cycles of chemical weed control, 7 cycles for mowing and trimming services, and 12 cycles each for trash and debris removal and for sidewalk and median cleaning. Motion by Councilmember Nosler Beck to approve Consent Agenda Items a.), b.), c.) and d.), Seconded by Councilmember Urban; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 53-2021 - A Resolution Adopting the Lutheran Legacy Campus Master Plan as an amendment to the City’s Comprehensive Plan, Envision Wheat Ridge. City Council Minutes October 25, 2021 page 6 Discussion began at approximately 8:02 pm Councilmember Stites introduced Resolution No. 53-2021 Issue The Lutheran Medical Campus is located in the heart of Wheat Ridge and has operated as a medical use since 1905. A new Lutheran hospital is currently being constructed at the Clear Creek Crossing development, and the hospital’s move presents a rare opportunity to reimagine the future of the Lutheran Legacy Campus. The Lutheran Legacy Campus Master Plan outlines a 20-year vision for the property and is based on six months of input from Wheat Ridge community members. Because the City’s 2009 Comprehensive Plan does not contemplate a potential change of use on the property, adoption of this master plan is a critical next in starting a new chapter for the property. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Attorney Dahl asked Councilmember Dozeman several questions related to her employment at Lutheran Medical Center and based on her answers determined that she may participate in the consideration and voting on this item. Mr. Dahl asked Councilmember Urban questions related to his service on the Lutheran Foundation Board and also found that he is free of any conflict of interest to participate in consideration and vote on this agenda item. Staff Presentation Ken Johnstone, Community Development Director and Lauren Mikulak, Planning Manager summarized the background of the facility where SCL Health currently owns and operates the Lutheran Medical Center (LMC) at 8300 W. 38th Avenue. The campus is about 100 acres in size, extending between W. 32nd Avenue and W. 38th Avenue and between Allison and Dudley. While there are no public rights-of-way within the property, this area is roughly equivalent to the size of 12 city blocks Medical uses on the property significantly pre-date the City. The site began as the Evangelical Lutheran Sanitarium in 1905, with numerous tents erected for the treatment of tuberculosis patients. In 1961, Lutheran Hospital opened as a non-profit general medical facility. In the 1970s, the site became known as the Lutheran Medical Center, and services continued to expand with the construction of new buildings and additions over the next 30 to 40 years. City Council was first briefed on the idea of a master plan in November 2020, and the formal process kicked off shortly thereafter with a contract award to MIG, Inc in January City Council Minutes October 25, 2021 page 7 2021. The public process began in May 2021 and has extended through October 2021 with a wide range of public input opportunities: • April 16 – Stakeholder steering committee meeting • May 1 – Public meeting #1 (on-site walking tour) • May 6 – Planning Commission study session • May 10 – City Council study session • May 20 – Community focus group A meeting • May 24 – Community focus group B meeting • May 27 – Business/development focus group meeting • June 10 – Public meeting #2 (virtual visioning session) • June 10 to July 10 – Online visioning survey • July 7 – Stakeholder steering committee meeting • July 21 – Community focus group A meeting • July 23 – Community focus group B meeting • July 29 – Business/development focus group meeting • August 3 – Public meeting #3 (in-person review of conceptual plans) • August 3 to 10 – Online survey for conceptual plans • August 16 – City Council study session • August 19 – Planning Commission study session • September 10 – Stakeholder steering committee meeting • September 13 – Business/development focus group meeting • September 22 – Public meeting #4 (open house review of final recommendations/next steps) • October 7 – Planning Commission public hearing • October 25 – City Council public hearing Public Comment More than 20 residents signed up to speak. Zoriana Morozewych, 3651 Ward Road, yields her 3 minutes to Carol Matthews. Elise Brougham, 2545 Allison Ct., came to comment that there was no reason to hire expensive consultants to create this Legacy Campus plan. Why did we not use the Planning staff’s work? She emphasized that the City must remain true to its own plans. We should only encourage developments that are aligned with the existing neighborhoods. She spoke at length about her perception that the City Council that the City government are not acting in concert with the will of our residents and have not for many years. Jenny Shaver, 8835 W. 32nd. Ave. Recounted her reasons for moving to WR, where we have single-family and duplex properties without high density development. She echoed others concerns that the Lutheran Master Plan runs contrary to the Wheat City Council Minutes October 25, 2021 page 8 Ridge history and culture. The neighbors have not been adequately involved in the planning of the Lutheran campus future. She also thanked Councilmembers Weaver and Stites for listening at a recent District III meeting with residents. Joshua Meyer, 8835 W. 32nd. Ave. I respect the elected officials and the process. I hope your minds are still open to listening to our residents about this plan. The Planning Commission did not listen to us; he commented that Commissioner Christine Disney called WR the donut hole in the metro area. He almost took Umbridge to that comment. I see WR as an oasis in the metro area. There are many, many housing developments already and we do not need to include high density housing in our future. I am in your District, Amanda Weaver, and I hope you will listen to me now. George Pond, 1 Rangeview Drive. The process to design a master plan for Lutheran Legacy Campus has been an open, robust and inclusive one. What we are discussing tonight is not really a plan; it’s is a framework. I support the framework as proposed, understanding that there are many steps, and much more input to be sought and discussion to be had. The framework is smart, timely and it makes sense! It is thoughtful of history, of context and of the present and future. I must say that we do not have enough housing. Please, adopt this framework and continue our discussions. Fred Linton 8865 W. 32nd. Place. I would like to see this plan move forward without the high-density housing. David Land, 8730 W. 34th Ave. My family moved one block away from Lutheran 20 years ago. We greatly appreciate the hospital, a great asset to our city and neighbors. Since SCL has decided to move a new plan is essential. We support this plan as presented. We need more affordable housing to encourage young families to move to WR. High density should not scare us but encourage us to be more diverse and inclusive. Carol Matthews. The City has put our city up for sale to the highest developer bidder. Developers are contributing to our Councilmembers campaigns to get favorable consideration. The NRS showed that residents overwhelmingly oppose high-density housing. Yet, the City continues to bow to the needs of the developments. The proposed plan would put 5000 residents on the Lutheran Legacy Campus. What will that do to our traffic, to long lines in stores and will they shop online? When Clear Creek Campus was planned, we were promised that the Legacy Campus would not include high density housing. Do not be fooled again. Demand quality not quantity housing. Marta Hedde, 7385 W. 28th Ave. I represent the WR Historical Society, and I came to respond to some inaccuracies in what I have heard. For example, some say none of these building have been designated as historically important. However, we are in the process of getting a National Historical Site designation for the Blue House. At least two other structures are also qualified for designation as historic landmarks. City Council Minutes October 25, 2021 page 9 Fred Linton, 8835 West 32nd. Pl. came to make two points. First, let’s move this plan forward without the high-density housing. Second, I have a question for SCL Health. What will they do with their water rights to the flow of the small creek that flows through their property? Dave Land, 8730 W. 34th Ave. We have lived the past 20 years just two blocks from Lutheran Hospital. We have been to the emergency room a number of times; we like the hospital and are glad it’s there. Obviously, SCL has decided to move. We fully support this proposed plan. If we put 2000 sq. ft. houses across the entire ten acers, we would have more housing like we already have, but nothing for people like my family and me 20 years ago. We need housing that teachers, and firefighters and nurses can afford. I support the resolution. High density should not scare us. Carol Matthews, (for six minutes; Ms. Morozewych yielded her 3 minutes to Ms. Matthews) 3851 Hoyt St. City Hall has put Wheat Ridge up for sale to the developers. They are not just selling our land but our property rights and our personal rights. Many of our City Council candidates are getting huge donations from developers that are unmatched by other candidates. What do the developers expect in return. Seventy-two percent of the residents who responded to the Neighborhood Revitalization Strategy survey said we do not want high density housing in our neighborhood. Lutheran is right in the middle of our neighborhood. If Council approves this zoning change, there will be no rights for homeowners or property owners. We have witnessed this before in two other locations despite our opposition. This plan may house 5,000 people or more, with ten thousand cars. In high-density housing we will have a serious parking and traffic problem. We should attract a medical development, that we could benefit from. We do not need high-density housing. Stand-up Wheat Ridge citizens and do not let them do this to us again. Marta Hedde, 7385 W. 28th Ave. I represent the WR Historical Society. I provided a packet for Council before the deadline. At the past several meetings, someone has stated that none of the historical building on the Lutheran Campus has been designated historical sites; why is that? Application has been made by History Colorado to designate the Blue House a National Historic Site. Once that happens, the State will follow. At that point, per Wheat Ridge Code, the designation will be automatically. It is a beautiful example of Victorian architecture and qualifies because of its longevity. We believe these historic building and the surrounding land should be a park. Bob Brazell, 3830 Carr St., commented on the use of consultants vs. using the staff. Why we keep hiring outside consultants instead of having City staff do the work? I sold real estate for several years. You know that the appraiser work for the seller and the inspector for the buyer. MIG must work for SCL and must provide the best deal for SCL. Why would you move the entire hospital onto new land? Someone is making a killing at the expense of us residents. I do not want my neighborhood destroyed for the benefit of SCL Health. Lucille Ray, 3230 Balsam St. I am one of the people who were not informed about this plan. I am unhappy that some of the developers are trying to make a killing. I am not in favor of any housing plan at this time because I have not seen what the developers plan for this project. I am opposed to the current plan and oppose high rises and high- City Council Minutes October 25, 2021 page 10 density housing. We neighbors of SCL have bent over backward to accommodate SCL in the past. I am opposed to high-, middle- and low-density housing because I do not know what the developers mean. I came here 50 years ago to avoid the urban high- density housing in Denver. I oppose this plan and want more dialogue and study. Kim Calomino, 4070 Dover St, I have lived for 25 years a few blocks from Lutheran. I am glad the community has a chance to give input to the plan, and I support the plan as presented. The community has had a robust process through which to give their input. I believe what is proposed an excellent representation of the Community’s vision. I served on the Steering Committee and we heard often from the community during the planning process. Let’s not cannibalize the existing commerce on 38th Ave. Let’s make sure that there is adequate buffering and traffic planning to help the adjacent neighborhood. Finally consider the future of our city. Some are using terms high density and high rise as fear terms. Let’s stop that now. Sandy Nance 4097 Field Drive. Came to discuss the future of the beautiful chapel and Blue House, that the plan says will be preserved – but only if the adjacent development can offset the cost of preservation. Historic Landmark designation takes years. However, the City could hold a public hearing to designate these historic building for preservation. SCL could make a lot of friends if they would make the application to put the historic buildings on City historic registry. The City should consider an historic district for that corner of the property. Anne Brinkman, 7420 W. 34th Ave. I came to comment as a private citizen on the Rocky Mountain Ditch that flows through the Lutheran Campus. The ditch is not an amenity; it has a specific purpose. It’s intended use is as a utility. I am in favor of the plan as submitted. Just wanted to point out that there are two ditches, not just the RM Ditch; there is also an agricultural ditch. I am glad we hired the consultants to build this plan and I am in favor of it. Ihor Figlus, 9775 W. 36th. Ave. came to comment on the acquisition of SCL by Intermountain Health. When the current hospital moves to Clear Creek Crossing, we have an opportunity to take a different tact and create more jobs for people in Wheat Ridge. Intermountain is ranked 4th in the nation in innovative healthcare. We need to engage with Intermountain to determine if we can continue to use this campus for medical and rehabilitation purposes. We need to postpone this master plan and reach out to Intermountain and get them involved in a conversation. Janelle Shaver, 8090 W. 35th. Ave. (Six minutes with the 3 minutes yielded by Bob Kordiva). Please, reject or postpone this master plan because I see several flaws. The process was not robust. The efforts to involve the community have not been inclusive enough because they depend too much on social media and the City website. This is not the biggest outpouring of community involvement we have had; the Rec Center was. We had meeting after meeting with residents and constructed a list of what people wanted in the new Rec Center. We have no such list. We should pursue community farms, like communities nearby. The Council decides what kind of housing density we will have through zoning, not the developers. We do not have to do something that earns the developers a lot of money; your job is to protect residents’ interest. We do not need to move to a new city hall to Lutheran because this very building was built on deep City Council Minutes October 25, 2021 page 11 pilings to allow for up to a 5-story building. We need to respect all of the neighborhoods to not only the north but also the west and the east. The current plan leaves commercial development wanting in favor of high-density housing. Rollie Sorrentino, 4175 Teller St. He recalls when the Lutheran property was full of wildlife as an open space. Yet he has not heard one alternative to the proposed plan that ought to be considered. What will happen at Clear Creek Crossing when they move? I believe SCL will need the space on the Legacy Campus. Rosemarie Bowden, 3535 Dudley St. When SCL moves to Clear Creek Crossing, we will not have access to quality healthcare because the new facility will not be accessible or large enough. We need more outpatient care, and we need to delay this plan until we know what is happening with the merger of SCL and Intermountain. I beg you not to change the zoning. Daniel Findlay. 3375 Dudley St. He wanted everyone to know that he only learned about the planning process by word of mouth. The current plan involves a lot more than housing but does not indicate how many residences per acre. Where will the new residents park? How much more traffic will this create? You have not done enough to engage the neighborhoods, and this plan does not have enough detail, enough specifics for us to move forward. His wife, who was not further identified, supported his comments. She wants more input than she has had the chance to give. She is very concerned about what the developers really want to do. Julie Stern, 7630 W 38th Avenue. I appreciate the City and SCL’s effort to bring intentionality to the plans for the future of the Lutheran Campus. The proposed plan includes new uses of the land, for commercial and residential uses, and I think this a good plan. We are a young family. We see too many young families opt to move elsewhere because there is no housing that meets their needs that they can afford. I am really excited to see this plan come to fruition and I urge Council to approve it. Lindsay Burney, 3880 Garrison St. Change is sometimes scary, but it can also be exciting. My neighbors and I are very excited about what this plan will provide for us. We could enjoy walking or cycling to the green space and perhaps visiting a business. I support this plan and urge Council to adopt this framework as a starting point. Smart developers understand what Wheat Ridge wants in new housing and will plan accordingly. The Mayor closed public comment and thanked all those who came to give their input this evening. Meeting recessed until 10:00 pm. Council Questions and comments Councilmember Stites asked staff to recount the opportunities the public to give input to the Master Plan. Ms. Mikulak and MIG gave a detailed answer. He also asked who is paying the fees for consultant MIG and to whom they are accountable. Staff and Mr. Chung, SVP at Lutheran, recounted why SCL helped defray City Council Minutes October 25, 2021 page 12 the cost of the consultants. Mr. Johnstone commented that the City needed financial help to defray such a large project cost. Then Councilmember Stites asked whether this plan, if adopted tonight, would foreclose SCL from choosing to use the legacy site for outpatient care. Ms. Mikulak said that no, it does not. Then he asked if the plan is adopted tonight, when would any zoning change come before Council and when would groundbreaking occur? MIG and Ms. Mikulak replied that that will take years. It will be at least 2024 before the hospital moves. Previous, similar processes have taken as long as 9 years. Councilmember Stites also asked what next steps would involve. Ms. Mikulak replied in detail. Councilmember Dozeman asked what this process would have been like without the community involvement steps we have undertaken. Staff gave a detailed answer. Councilmember Hoppe asked if duplexes are considered low-, mid- or high-density? Ms. Mikulak replied that those terms are used indistinctly, and their meaning varies. About 4-5 houses per acer is generally considered low-density. Councilmember Nosler Beck asked for staff to explain the process of obtaining an historical designation. Mr. Johnstone gave a detailed answer. Councilmember Hultin recalled several comments about ensuring open space and green space, and asked how we can be assured that open/green space will be included? Again, staff gave a detailed answer. She then asked whether any developers have been approached about this project. Mr. Johnstone explained that a few were included in focus groups, but none are engaged in any discussions about this project. No developers are engaged in any specific discussions about the property. Councilmember Hultin then asked for comments on the economic model that will be applied here in terms of jobs, housing costs and commercial enterprises. MIG gave a professional opinion and discuss the current thinking. Councilmember Urban asked how the rezoning usually occurs. MIG replied that usually the rezoning comes first. He asked that a future Study Session engage SCL in a process of looking at pursuing an historic designation. Councilmember Urban then suggested we engage in that process as soon as practicable in what will surely be a multi-year process. He suggested a consensus that City council supports a resolution to keep the Blue House, the permanent tent and the Chapel as historic landmarks. Consensus Attained. Councilmember Weaver thanked those who brought forth the issue of flowing water on the site. Councilmember Hutchinson is in favor of including the Chapel along with the Blue House in any effort to preserve them as historic sites. She then asked for a concrete City Council Minutes October 25, 2021 page 13 definition of “affordable housing.” Staff replied that there is no generally accepted definition because it varies so widely based on so many variables and factors that what is affordable in one locale is not affordable in another area. She also asked about a definition of low density. Councilmember Hoppe asked whether there will be some kind of housing design standard for locations near the perimeter of the Legacy Campus with variability as we get deeper into the center of the campus. Ms. Mikulak replied that a set of criteria would necessarily have to be included in the proposed development plan. Councilmember Hultin asked for an explanation of how the different interested groups were recruited, how their input was collected and compiled during the planning process. MIG gave a detailed answer. Motion by Councilmember Stites to approve Resolution 53-2021 – a resolution adopting the Lutheran Legacy Campus Master Plan as an amendment to the City’s Comprehensive Plan, Envision Wheat Ridge, seconded by Councilmember Urban. After further discussion and deliberation, and consideration of two amendments to the motion, the amended motion carried 7-1, with Councilmember Hutchinson voting nay. The following discussion of the motion preceded the vote reported above. Councilmember Dozeman thanked staff, MIG and our community for their participation and hard work on this Master Plan. She will vote for the adoption of the Plan. She emphasized that this action tonight is not a rezoning. Councilmember Hoppe thanked Councilmember Dozeman and commented that this is the beginning of considering many different approaches and plans in the coming years. We need to continue this process and allow our residents to continue with even more involvement in the next phases of this process. She also reminded everyone that we have tools in our zoning process to protect against wild developer plans. Councilmember Stites thanked everyone who participated whether they feel like the outcome is what they hoped or not. Please, remember that this process will be ongoing for 10-15 years. Going forward, everyone who has an opinion, or a desire, will have ample opportunity in the coming years to have their desires and concerns heard. Councilmember Urban commented that in 1902 when Lutheran was purchased, we had trollies on 38th Avenue. We need to have a long-term perspective and keep involved in the process. We know that some will be disappointed, but please, stay involved. Councilmember Hultin opined that we have a diversity of viewpoints and opinions with respect to the Legacy Campus. When she first came to Council, there was the view that you were either right or wrong. We need to celebrate the engagement we have seen, and this project will reflect the evolving yet legacy nature of Wheat Ridge-ness. City Council Minutes October 25, 2021 page 14 Councilmember Hutchinson has read the comments on Wheat Ridge Speaks and commented that it is important that we continue to listen to those who are opposed, and we should pause this process. Motion by Councilmember Hoppe to continue addressing the remaining items on the agenda, this evening. Motion passed 8-0. 3. Council Bill No. 18-2021 - An Ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article XIV entitled Hotel Licenses and in connection therewith, adding reference to extended stay lodging in Chapter 26 use schedules. Discussion began at approximately 11:08 pm Councilmember Dozeman introduced Council Bill 18-2021 Issue Within the City of Wheat Ridge there are presently nine hotels with a total of approximately 972 rooms. While these nine hotels represent less than .05% of the total number of households and businesses in the City, the calls for service from the City’s Police Department to these establishments constitute approximately 10% of the total police calls. This ordinance will create a licensing program for hotels and require minimal amenities to provide safe and healthy environments for persons relying upon short-term and extended stay housing in Wheat Ridge. Mayor Starker opened the public hearing. Councilmember Nosler Beck disclosed a business relationship with the American Hotel at arm’s length. In consultation with the City Attorney, she will not recuse herself. 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 Kirkpatrick assigned Ordinance No. 1723 Staff Presentation Patrick Goff, City Manager, Jim Lorentz, Division Chief, and Jerry Dahl, City Attorney summarized the prior actions and background of the bill where the City’s interest in considering these new regulations is for the protection of the health and safety of the public. The intent of this ordinance is two-fold: 1) require motels that are providing lodging services of less than 30 days to meet certain minimum standards for public safety and health and 2) require motels that are providing extended stay services of 30 days or more to meet certain minimum standards for public safety and health and to provide certain amenities to ensure extended stay units are livable. Staff believes if these minimum standards are met, criminal activity and calls for service to these motels will decrease over time. City Council Minutes October 25, 2021 page 15 Chief Murtha presented his thoughts and data on the need for this ordinance as a matter of public health and safety. He noted that the few hotels and motels in the City account for 10% of all calls for service to the WRPD, a percentage that is consistently growing. Our hotel district is simply a nexus of drug abuse and sales, prostitution, human trafficking and related nefarious activity. Public Comment Ryan Sugden, 1144 15th St. Denver, an attorney representing the American Motel. We have already discussed some concerns, but 3 points need to be made. The notion that the management of the motels are somehow responsible for the misbehavior on their properties is illogical. Second, the staff are put at risk if we have a limit on the number of calls for police service in order to keep our license. How can the property managers ameliorate calls for trespassing or public intoxication? The other issue we want to raise is that management is not allowed to discriminate against anyone who wants to rent a room. What would you have management do? Should a property be punished for being proactive? He then addressed the extended stay provision in the ordinance, and the high cost of complying. There is a market and a need for extended stays. This looks like a solution looking for an issue. Limiting extended stay will result in more calls for service not fewer. We need more dialogue with the management of the owners before we have an ordinance that makes it impossible to stay in business. Don White, 3737 S. Independence St. in Missouri. We have been in business in WR since 1988. Every day 24 hours a day, we fight trespassers; today, we had 13 people outside our property on the parking lot who were obviously using drugs, drinking or otherwise in need of help. We had an incident today when the WRPD sent four officers descend on our parking lot because they were apprehending a suspect brandishing a machete. Stop this intimidation and come to a round table and let’s discuss this problem. Denise Mas, representing the American Motel and a collation of homeless advocates. The call for service metric punishes the hotels and motels who call for service. If you call for the police, you will lose your business license. This proposed ordinance is bad public policy and contrary to community policing principles. Too often some calls for service for suspicious vehicles and suspicious persons are code for racist discomfort. Further, a wellness check call for service is not about criminal activity. Whether it is the intent or not, a call for service metric has the impact of creating more problems than it solves. Sandy Monks 11010 Service Road, manager of the American Motel. She asserted that extended stay issues are not a financial incentive; we would make much more money on one- or two-night stays. You should see the things we have to deal with every day. City Council Minutes October 25, 2021 page 16 Wheat Ridge has changed, and these problems are not our making. Please, do not pass this ordinance. Mr. Kohlmeyer, 4845 W. 45th Avenue. The timeline in this ordinance will be nearly impossible for the property owners to meet. You cannot find the contractors or materials. Some of the other requirements make no sense. Council Questions and comments Councilmember Hoppe asked for clarification of the separate bedroom requirement in the extended stay part of the proposed ordinance. Mr. Johnstone gave a response; it need not be a separate room with a door but a separate space. She then asked about the three phases of crime free hotel designation; how long would it take a property to comply. Chief Murtha gave a specific answer. She asked for specifics of the construction requirements for fencing, etc. and how that will impact properties. Mr. Goff gave a detailed answer, including a deadline of June 30, 2022. Councilmember Hoppe asked if it would be within the language of the ordinance to allow a property to gradually transform its rooms to meet the extended stay requirements. Mr. Dahl gave a detailed response. Councilmember Hoppe asked when the calls for service provision would begin; Mr. Goff replied with details. Councilmember Stites asked what the differences are among the three properties with high call for service metrics, vs. the remaining WR hotels and motels with significantly fewer calls by that same metric. Chief Murtha provided a detailed reply. The chief also stated that the WRPD will not report calls for service that the police initiate in the area of a property to artificially inflate the calls for service statistics. In a similar vein if a guest and the manager both call for the same issue, then that is not two calls. Councilmember Nosler Beck asked about the fairness, the objectivity of calls for service metrics, in terms of solving the problem we are addressing. Chief Murtha responded in detail about the experience with these metrics in other municipalities. Councilmember Dozeman asked how the City determined that 1.5 calls per service per room was the correct level of that metric. Chief Murtha responded in detail with the basis for that determination. Councilmember Dozeman asked if any other hotels or motels who object to this ordinance. Mr. Goff replied with the requested information. Councilmember Hultin asked to see the slide from Chief Murtha’s presentation that explains the calculation of the metrics proposed. She also asked about the impact of the pandemic on calls for service data. Chief Murtha replied that calls for service have risen in 2021 from 2020, and at the hotels the number of calls is rising even faster. Councilmember Nosler Beck asked if we could come back and revisit the statistics on calls for service. Mr. Goff and Chief Murtha agreed that they will work with the properties monthly to review progress and calibrate the metrics to Wheat Ridge. City Council Minutes October 25, 2021 page 17 Mayor Starker closed the public hearing. Motion by Councilmember Dozeman to approve Council Bill 18-2021 – An Ordinance amending Chapter 11 of the Wheat Ridge Code of Laws by the addition of a new Article XIV entitled Hotel Licenses and in connection therewith, adding reference to Extended Stay Lodging in Chapter 26 use schedules, and that it take effect 15 days after final publication, seconded by Councilmember Urban. Councilmember Hoppe proposed an amendment to the motion, seconded by Councilmember Stites, to make the following changes to the proposed ordinance language: In 11-508 D,2 Change common area amenities minimum from 4 to 3. In 11-509 add #5 Council shall review every 18 months In 11-504 A, change CFS from 1.5 to 1.8 for the year of 2022 and shall be decreased to 1.5 in 2023 and the following years. In 11-509 4 change June 30, 2022 to September 30,2022 Amendment passed 8-0. Following passage of the Amendment, the amended main motion passed 8-0. Councilmember Urban commented on the main motion that while this is an imperfect solution, we have to deal with the problems presented. 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) Discussion began at approximately 12:43 a.m. October 26, 2021 Councilmember Hultin introduced Council Bill 17-2021 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. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Clerk Kirkpatrick assigned Ordinance No. 1724 City Council Minutes October 25, 2021 page 18 Staff Presentation Zareen Tasneem, Planner I presented that 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. 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. Public Comment No one came forward to speak. Council Questions and comments What is the zoning for the property immediately north of the subject property? R-2. Why is a church zoned residential? The zoning was inherited from the county. Mayor Starker closed the public hearing. Motion by Councilmember Hultin to approve Council Bill 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), on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-603 of the Code of Laws Seconded by Councilmember Urban, motion carried 8-0. ORDINANCES ON FIRST READING Discussion began at approximately 12:49 AM City Council Minutes October 25, 2021 page 19 5. Council Bill No. 19-2021 - An Ordinance approving the rezoning property located at 6011 W. 44th Avenue from Restricted Commercial (R-C) to Mixed Use – Commercial (MU-C) (Case No. WZ-21-07) Councilmember Urban introduced Council Bill 19-2021. ISSUE The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) for property located at 6011 W. 44th Avenue. The zone change will result in a zoning that more accurately reflects surrounding conditions and other nearby zoning designations. Motion by Councilmember Urban to approve Council Bill No. 19-2021 - an ordinance approving the rezoning of property located at 6011 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) on first reading, order it published, public hearing set for Monday, November 22, 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, seconded by Councilmember Stites, motion carried 8-0. 6. Council Bill No. 20-2021 - An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning letter notice to property owners and occupants for development applications (Case No. ZOA-21-03) Councilmember Hutchinson introduced Council Bill 20-2021. ISSUE The City’s zoning code has specific letter notice requirements for development applications including for neighborhood meetings, comment periods, and in advance of public hearings. For most mailings, the code only requires that mailings are sent to property owners which excludes other stakeholders, such as renters or business tenants. This ordinance expands letter notice for development applications to include owners and occupants to provide more inclusive information sharing in the community. Motion by Councilmember Hutchinson to approve Council Bill No. 20-2021 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning letter notice to property owners and occupants for land use applications, on first reading, order it published, public hearing set for Monday, November 8, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication, seconded by Councilmember Urban, motion carried 8-0 CITY MANAGER’S MATTERS Mr. Goff had nothing further. City Council Minutes October 25, 2021 page 20 CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick reminded voters that it is too late to mail your ballot; please, use a drop box. Councilmember Nosler Beck thanked Mr. Urban for his mentorship and eight years of outstanding service as a Councilmember. Councilmember Dozeman thanked Local Works for their work and for the Lutheran Fall Festival held recently. She bid a fond farewell to Councilmember Urban. Councilmember Hutchinson thanked Councilmember Urban for his long-standing service to the City. Councilmember Hultin thanked those who made a recent urban agriculture event successful, including Ms. Mikulak for her staff support. We are productively tapping into something already strong in this community. She thanked Councilmember Urban for his long-standing service to the District and the City. Councilmember Stites thanked those who came and stayed tonight. He also acknowledged those who worked to make the Trunk or Treat event held recently such a big success. He thanked Councilmember Urban for his work for the City. You will be missed, Councilmember Urban. Councilmember Hoppe recognized Councilmember Urban especially for his ability and skill for reading contracts. You have been a good leader on this dais. Councilmember Urban stated he has been honored to serve, and to serve with the current Councilmembers. Move forward by working together to create a better future for the City. He thanked Mr. Goff and Mr. Dahl for their hard work and help. I could not have asked for a better last meeting, as it lasted two days. The Mayor visited the Harvest Festival and enjoyed it. He thanked those who attended tonight and engaged in the dialogue. He thanked Councilmember Urban for his hard work and collegial approach. Please, remember to drive carefully and safely! ADJOURNMENT The meeting adjourned at 1:08 a.m. on Tuesday, October 26, 2021. _____________________________ Steve Kirkpatrick, Deputy City Clerk APPROVED BY CITY COUNCIL ON November 22, 2021 City Council Minutes October 25, 2021 page 21 ______________________________ Rachel Hultin, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions ITEM NO: 1a DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE DECEMBER 27, 2021 REGULAR BUSINESS MEETING OF THE WHEAT RIDGE CITY COUNCIL DUE TO THE CHRISTMAS HOLIDAY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The Regular City Council Business Meeting of December 27, 2021 currently does not have any scheduled agenda items. In order to provide time for City Council and Staff to spend the Christmas holiday with family and friends, it is recommended that City Council cancel this meeting. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the Regular City Council Business Meeting scheduled for December 27, 2021. RECOMMENDED MOTION: “I move to cancel the December 27, 2021 Regular City Council Business Meeting.” Or, “I move to not cancel the December 27, 2021 Regular City Council Business Meeting for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ITEM NO: 1b DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT COUNCILMEMBER HULTIN TO THE SUSTAINABLE WHEAT RIGE COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________________ City Manager ISSUE: Sustainable Wheat Ridge is the City’s environmental sustainability resident advisory committee. Appointing a councilmember to the committee would assist the committee in effectively advising the City of Wheat Ridge regarding environmental sustainability policies and programs. PRIOR ACTION: Consensus was received by City Council on November 8, 2021 during the Elected Officials’ Reports to create a councilmember appointment to the Sustainable Wheat Ridge Committee. Councilmembers were instructed to email their interest level and experience to Marianne Schilling by Friday, November 12. Councilmember Hultin expressed interest in the appointment. FINANCIAL IMPACT: None BACKGROUND: In April 2017, Mayor Joyce Jay and City Council initiated the inaugural Wheat Ridge Environmental Sustainability Committee (WRESC). The Mayor and City Council charged WRESC with developing recommendations to improve community conditions in six areas of environmental sustainability: green building and energy efficiency, renewable energy, transportation, solid waste and recycling, water, and communication and engagement. Between June 2017 and June 2018, the committee, comprised of 11 residents, developed the Council Action Form – Councilmember Appointment to Sustainable Wheat Ridge November 22, 2021 Page 2 environmental sustainability action plan. This plan was presented to and accepted by City Council in June 2018. At its creation, the mission of the committee was to: • Evaluate current City of Wheat Ridge sustainability practices and policies • Provide advice, support and guidance to Mayor and Council regarding sustainability, climate change, and environmental management issues • Involve the community at large through engagement and outreach • Support education, awareness and stewardship • Identify metrics to track progress • Develop and help implement the strategies within the Action Plan Currently, over 51% of the goals in the action plan are either completed or in progress. Appointing a councilmember to Sustainable Wheat Ridge would assist the committee in continuing to make progress on the action plan and advising the City of Wheat Ridge regarding environmental sustainability policy and programs in the future. RECOMMENDED MOTIONS: “I move to appoint Councilmember Hultin to the Sustainable Wheat Ridge Committee.” REPORT PREPARED/REVIEWED BY: Kayla Betzold, Sustainability Coordinator Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ITEM NO: 2 DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2021 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6011 W. 44th AVENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-21-07) PUBLIC HEARING ORDINANCES FOR 1ST READING (10/25/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/22/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) for property located at 6011 W. 44th Avenue. The zone change will result in a zoning that more accurately reflects surrounding conditions and other nearby zoning designations. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on October 7, 2021 and recommended approval. The staff report and a copy of the Planning Commission minutes are attached. This Council Bill was introduced on first reading by Councilmember Urban on October 25, 2021 and approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $959 were collected for the review and processing of Case No. WZ-21-07. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees or sales tax. Council Action Form – Proposed Rezoning at 6011 W. 44th Avenue November 22, 2021 Page 2 BACKGROUND: The property is located at the northwest corner of W. 44th Avenue and Harlan Street. Harlan Street is a primary north-south street and is considered a collector street by the Engineering Division. North of 44th Avenue, Harlan Street is a busy 4-lane street providing access to Interstate 70, Lakeside, and 44th Avenue. According to the Jefferson County Assessor, the property is unplatted, the parcel area measures 50,036 square feet (1.15 acres) in size, and it contains a single-story commercial building originally built in 1958 and remodeled in 1995 for a drive-thru bank. The Town of Lakeside is located to the east across Harlan Street. The property is currently zoned Restricted Commercial (RC). The property immediately to the north on Harlan Street is zoned RC but contains a two-story residential apartment building. Other properties north on Harlan are zoned Commercial-One (C-1), which is a more intensive commercial zone, or Commercial-Two (C-2) which is the most intensive commercial zone that also allows some light industrial uses. Properties to the west on 44th Avenue are zoned Commercial-One (C-1) and contain a mix of commercial uses including a three-story office building. There is a residential area to the northwest of the property which is zoned Residential-Three (R-3) and contains single-family and duplexes. Harlan Street south of the property contains a variety of uses and zones, including Mixed Use-Neighborhood (MU-N) but is primarily commercial in nature. Lastly, the Town of Lakeside to the east contains large-format commercial uses including the Walmart shopping center, drive-thru banks, and big box retail. Current Zoning The current zone district, RC, is a legacy zone district and was established to provide light commercial uses including office uses and limited retail uses. It was originally designed for and is more often seen on smaller properties with adjacency to lower density residential uses. The RC zoning dates back to the City’s original 1972 zoning map. Proposed Zoning The applicant is requesting the property be rezoned to MU-C, a zone district intended for commercial corridors and at community and employment activity centers. It encourages medium- to high-density mixed-use development. In addition to residential and civic uses, it allows for a range of commercial and retail uses. The applicant intends to rezone the property to allow uses that are more consistent with the current land use patterns on this portion of the Harlan Street corridor. The allowed uses in the RC zone district are limited which could make it challenging to attract users for the building or someone interested in redeveloping the site. The MU-C zone district is more appropriate than RC in terms of allowed land uses and will expand the permitted uses on the subject property. MU-C also has more strict requirements in terms of development standards. This area is not exempted from the City Charter’s height limitations, so building height even under MU-C would be consistent with the other zones in the area: 50-foot maximum for nonresidential uses and 35-foot maximum for any building containing a residential use. A full analysis of the zone change criteria is included in the enclosed Planning Commission staff report. Council Action Form – Proposed Rezoning at 6011 W. 44th Avenue November 22, 2021 Page 3 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. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of the request. RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2021, an ordinance approving the rezoning of property located at 6011 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-112 of the Code of Laws.” Or, “I move to deny Council Bill No. 19-2021, an ordinance approving the rezoning of property located at 6011 W. 44th Avenue from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C), for the following reasons: ___________________________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2021 2. Planning Commission Staff Report 3. Planning Commission Minutes from October 7, 2021 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 19 ORDINANCE NO. 1726 Series of 2021 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6011 W. 44TH AVENUE FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-21-07) 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, P Street I, LLC has submitted a land use application for approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for property located at 6011 W. 44th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for a mix of land uses along Harlan Street and 44th Avenue and to encourage opportunities for reinvestment on those corridors; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 7, 2021 and voted to recommend approval of rezoning the property to Mixed Use-Commercial (MU-C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by P Street I, LLC for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) for property located at 6011 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Beginning at a point 30 feet West and 30 feet North of the Southeast corner of the E ½ SE ¼ SE ¼ NW ¼, Section 24, Township 3 South, Range 69 West of the 6th P.M.; thence North a distance of 280 feet to a point; thence West and parallel to the South line of the NW ¼ of said Section 24, Township 3 South, Range 69 West, a distance of 178.7 feet to a point; thence South and parallel to the East line of the NW ¼ of said Section 24, Township 3 South, Range 69 West a distance of 280 feet to a point; thence East and parallel to the South line of the NW ¼ of said Section 24, Township 3 South, Range 69 West a distance of 178.7 feet to the point of beginning, Except the following Parcel for road purposes only as described in Book 2301, Page 417, Jefferson County Records, Beginning at a point 30 feet West and 30 feet North of the Southeast corner of the East ½, Southeast ¼, Southeast ¼, Northwest ¼ of Section 24, Township 3 South, Range 69 West of the 6the P.M., in the City of Wheat Ridge, County of Jefferson, State of Colorado, 1. Thence Northerly a distance of 20 feet; 2. Thence Diagonally Southwesterly a distance of 28.28 feet; 3. Thence Easterly a distance of 20 feet to a Point of Beginning, 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 8 to 0 on this 25th day of October 2021, ordered it published with Public Hearing and consideration on final passage set for Monday, November 22, 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: October 28, 2021 Jeffco Transcript 2nd publication: November 24, 2021 Denver Post Effective Date: December 9, 2021 Planning Commission 1Case No. WZ-21-07 / 44th & Harlan Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: October 7, 2021 (Planning Commission) / November 22, 2021 (City Council) CASE MANAGER: Scott Cutler, Senior Planner CASE NO. & NAME: WZ-21-07 / 44th & Harlan Rezone ACTION REQUESTED: Approval of a zone change from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C) LOCATION OF REQUEST: 6011 W. 44th Avenue APPLICANT / OWNER: Chris Student, representing P Street I, LLC APPROXIMATE AREA: 50,000 square feet (~1.15 acres) PRESENT ZONING: Restricted Commercial (RC) COMPREHENSIVE PLAN: Primary Commercial Corridor, Primary Gateway ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN(X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-21-07 / 44th & Harlan Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of the property at 6011 W. 44th Avenue is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that more accurately reflects surrounding conditions and other nearby zoning designations. The zone change will allow a wider range of potential land uses in the future. II. EXISTING CONDITIONS The property is located at the northwest corner of W. 44th Avenue and Harlan Street (Exhibit 1, Aerial). Harlan Street is a primary north-south street and is considered a collector street by the Engineering Division. North of 44th Avenue, Harlan Street is a busy 4-lane street providing access to Interstate 70, Lakeside, and 44th Avenue. According to the Jefferson County Assessor, the property is unplatted and the parcel area measures 50,036 square feet (1.15 acres) in size and contains a single-story commercial building originally built in 1958 and remodeled in 1995 for a drive-thru bank. The Town of Lakeside is located to the east across Harlan Street. The property is currently zoned Restricted Commercial (RC) (Exhibit 2, Zoning Map). The property immediately to the north on Harlan Street is zoned RC but contains a two-story residential apartment building. Other properties north on Harlan are zoned Commercial-One (C-1), which is a more intensive commercial zone, or Commercial-Two (C-2) which is the most intensive commercial zone that also allows some light industrial uses. Properties to the west on 44th Avenue are zoned Commercial-One (C-1) and contain a mix of commercial uses including a three-story office building. There is a residential area to the northwest of the property which is zoned Residential-Three (R-3) and contains single-family and duplexes. Harlan Street south of the property contains a variety of uses and zones, including Mixed Use-Neighborhood (MU-N) but is primarily commercial in nature. Lastly, the Town of Lakeside to the east contains large-format commercial uses including the Walmart shopping center, drive-thru banks, and big box retail. III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-C, a zone district intended for major commercial corridors and at community and employment activity centers. It encourages medium- to high-density mixed-use development. In addition to residential and civic uses, it allows for a range of commercial and retail uses. The current zone district, RC, is a legacy zone district and was established to provide light commercial uses including office uses and limited retail uses. It was originally designed for and is more often seen on smaller properties with adjacency to lower density residential uses. The applicant intends to rezone the property in order to allow uses that are more consistent with the current land use patterns on this portion of the Harlan Street corridor. Because the building is now vacant, the allowed uses in the RC zone are limiting and can make it challenging to attract users of the Planning Commission 3 Case No. WZ-21-07 / 44th & Harlan Rezone building or someone interested in redeveloping the site. While the applicant does not have an intended user or redevelopment plans at this time, any redevelopment or major change of use on the property would require a Site Plan review and/or building permits, which are separate application processes subsequent to the zone change. Until 2010, the only commercial zone change option was to a planned a development. The mixed-use zone districts were created in the code in 2010 to create an alternative to planned development zoning. The City then legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011, and a portion of the 38th Avenue corridor to Mixed Use-Neighborhood (MU-N) in 2012 based on the recommendations of associated corridor plans. The remaining commercial corridors in the City (W. 44th Avenue, Harlan Street, Kipling Street, and Youngfield Street) contain a wide range of commercial and residential zones, which are sometimes incompatible with the actual character or uses of the corridors. The current RC zoning is a remnant of the past and reflective of the long-standing bank use. The RC zoning dates back to the City’s original 1972 zoning map. The MU-C and RC districts have similar development standards with permitted uses being the most significant difference. The RC zone district allows a limited range of office uses including administrative, professional, and personal services, and a limited range of neighborhood-oriented retail uses. By contrast, the MU-C zoning allows residential uses, commercial uses, or a mix of the two. A summary of the MU-C zone district is provided below. CURRENT ZONING Restricted Commercial (RC) PROPOSED ZONING Mixed Use-Commercial (MU-C) Uses Offices and limited range of retail uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Architectural Standards Architectural and Site Design Manual (ASDM) standards apply, including architecture Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Max. Building Height 50’ 35’ if the building has a residential use and 50’ for nonresidential uses (per Charter) Max. Lot coverage 80% 90% for mixed use 85% for single use Min. Landscaping 20% 10% for mixed use 15% for single use Build-to Area 0-12’ along front property lines (Traditional Overlay area) 0-20’ along front property lines Setbacks West (side): 5’ per story North (side): 5’ per story North (side): 10’ or more, depending on number of stories (since the property abuts a residentially zoned lot that contains a single- or two-family residential use), plus upper story step backs West (side): 0’ Density (Residential) Residential permitted, but may not exceed square footage of commercial and limited number of units 21 dwelling units per acre Staff has reviewed potential zone change options and determined that the MU-C zoning is appropriate along Harlan Street north of 44th Avenue because the character of the street in this area. North of 44th Avenue, Harlan has additional vehicle travel lanes, a wider right-of-way, and more intense commercial uses on both sides of the street (in Wheat Ridge and Lakeside). The interstate is less than a half mile away and is due to be upgraded in with CDOT replacing the I-70 bridge over Harlan, completing Planning Commission 4 Case No. WZ-21-07 / 44th & Harlan Rezone safety improvements, and improving pedestrian and bicycle crossings. Design is currently ongoing with construction expected in 2023-2024. This kind of public investment can help catalyze improvements to a corridor, and the proposed zone change encourages corresponding private investment. South of 44th Avenue, Harlan Street is narrower, with smaller lots and more adjacency to residential uses on both sides of the street. The Mixed Use-Neighborhood (MU-N) zone district is more appropriate in this area, and several properties south of 44th Avenue have been rezoned to MU-N in the past several years. MU-N is also more appropriate further west of the subject property on 44th Avenue where properties are smaller in size and more immediately adjacent to residential uses. The MU-C and MU-N zone districts have virtually the same development standards (build-to is more flexible in MU-C at 20 feet instead of 12), but the MU-C district is designed for larger lots along busier corridors. Having the MU-C zone at the hard corner of 44th Avenue and Harlan Street is more appropriate given the prominence of this property, immediate adjacency to large-format commercial use, and proximity to the interstate. MU-N and MU-C have similar permitted uses with MU-C allowing slightly larger retail and more auto-oriented uses. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns on Harlan Street north of 44th Avenue, the MU-C zone district is more appropriate than RC in terms of allowed land uses. For that reason, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-C zoning is expected to add value to the subject property. The mixed-use development standards will support compatibility between future redevelopment and existing land uses. In addition, building heights in this area are limited by the Charter consistent with other zones in the area: 50 feet for nonresidential uses and 35 feet for any use containing a residential use. Design standards for MU-C are stricter than for other zones, including setbacks, landscaping buffers, and architecture. A small portion of the site borders R-3 zoned properties to the northwest, but upper story stepback requirements and larger setback requirements in this area will help buffer the site from the residential uses. Ultimately, the MU-C zoning supports a vibrant corridor on Harlan Street. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, Planning Commission 5 Case No. WZ-21-07 / 44th & Harlan Rezone the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Harlan Street north of 44th Avenue is a primary north-south thoroughfare in the City connecting the area to the interstate; it is predominantly commercial in character. In the City’s 2009 comprehensive plan, Envision Wheat Ridge, the property is located at the intersection of a Primary Commercial Corridor (along Harlan) and Neighborhood Commercial Corridor (along 44th Avenue), and the intersection is also designated as a Primary Gateway (Exhibit 5, Comprehensive Plan). The Primary Commercial Corridor designation extends only on this northern portion of Harlan, recognizing that the character in this area differs from the character further to the south. This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. The Neighborhood Commercial designation also supports a broad mix of commercial and residential uses. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property and by aligning the zoning with the City’s mixed-use goals for this corridor. The Primary Gateway contemplates enhanced signage, landscaping, and streetscape improvements to signify to travelers when they are entering or leaving Wheat Ridge. There is an existing City monument sign adjacent to this property at the corner of W. 44th Avenue and Harlan Street (Exhibit 6, Site Photos), but any future redevelopment of the property could include additional enhancements to the streetscape. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current RC zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Planning Commission 6 Case No. WZ-21-07 / 44th & Harlan Rezone The Harlan Street corridor has evolved significantly since the original zoning and even since the 2009 comprehensive plan. Major redevelopments on the east side of the street in Lakeside have occurred over the last decade with the Walmart opening in 2013 and surrounding pad sites building out since then to include Molly’s Spirits, Petco, Goodwill, Les Schwab Tire Center, Planet Fitness, and a gas station. The land uses along Harlan are evolving to be more commercial in nature reflective of their relatively large parcel sizes. Properties along 44th Avenue in this area have seen some limited reinvestment as well, including some commercial remodels and live/work uses. North of 44th Avenue, the Restricted Commercial zoning does not reflect the reality of the corridor as a major connection to Interstate 70 and a regional commercial center with the addition of Walmart and other big-box retail. The changed conditions mean the limitations of the RC zoning are no longer appropriate for the property. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on August 11, 2021. This meeting was advertised and conducted as a virtual meeting on Zoom. Three members of the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, September 24, 2021, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No comments. If future development occurs, comments will be provided at time of site plan and/or plat for this site. West Metro Fire Protection District: No objections. Xcel Energy: No objections. Century Link: No comments received. Planning Commission 7 Case No. WZ-21-07 / 44th & Harlan Rezone Comcast Cable: No comments received. Wheat Ridge Water District: No comments received. If future development occurs, the water district will review provided utility plans. Wheat Ridge Sanitation District: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-21-07. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-21-07, a request for approval of a zone change from Restricted Commercial (RC) to Mixed-Use Commercial (MU-C) for property located at 6011 W. 44th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Harlan Street north of 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-21-07, a request for approval of a zone change from Restricted Commercial (RC) to Mixed-Use Commercial (MU-C) for property located at 6011 W. 44th Avenue, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WZ-21-07 / 44th & Harlan Rezone EXHIBIT 1: AERIAL Planning Commission 9 Case No. WZ-21-07 / 44th & Harlan Rezone EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WZ-21-07 / 44th & Harlan Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 11 Case No. WZ-21-07 / 44th & Harlan Rezone Planning Commission 12 Case No. WZ-21-07 / 44th & Harlan Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: August 11, 2021 Attending Staff: Scott Cutler, Senior Planner Location of Meeting: Virtual Meeting Property Address: 6011 W. 44th Avenue Property Owners and Applicant: P Street I, LLC (Chris Student and Justin Brockman) Property Owner Present? Yes Existing Zoning: Restricted Commercial (RC) Existing Comp. Plan: Primary Commercial Corridor, Primary Gateway Existing Site Conditions: The site is located on the northwest corner of W. 44th Avenue and Harlan Street. It is approximately 1.149 acres in size and contains a one-story bank building originally built in 1958 but modified in 1995. The current zoning of the property is Restricted Commercial (RC). Harlan Street contains a mix of commercial uses and zonings, ranging from RC to Commercial-Two (C-2) which allows more intensive auto-related and industrial uses. The Town of Lakeside is immediately to the east of the site, across Harlan Street, and contains a mix of commercial uses including Walmart and several commercial pad sites. To the northwest of the site is a more residential area, containing primarily single-family homes zoned Residential-Three (R-3). Applicant/Owner Preliminary Proposal: The applicant recently purchased the property after the bank vacated the building. They intend to hold the property long-term and either renovate the existing bank building for a new user, or if a tenant is interested, demolish and build a new building. There are no specific plans for the property at this time. In order to attract users of the property, the applicant plans to rezone the property to Mixed Use – Commercial (MU-C) which allows a wider range of uses than RC. The RC zone district is fairly limiting in terms of allowed uses which make a lot of commercial redevelopment not viable, despite being on a primary commercial corridor. The following is a summary of the neighborhood meeting: • The applicant and staff gave introductions. • The applicant discussed their potential plans for the property. • Three (3) members of the public were in attendance and were able to ask questions. • Staff described the rezoning process and informed residents of their ability to comment on the EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 13 Case No. WZ-21-07 / 44th & Harlan Rezone application at public hearings in front of Planning Commission and City Council. The following issues were discussed regarding the rezoning request: • Does the applicant intend to demolish the building, or repurpose? At this time, the applicant is seeking out a quality tenant. The easiest thing to do is to repurpose the building, but some users may want to build a custom building which will require demolition. All options are on the table. • Will the applicant sell the property? Ideally they will not, and will be long-term landlords for a commercial user. • Will residents be notified of any demolition or construction on the site? A demolition permit is required to take down the existing building, which does not require public notice. However, any land use application for future site development is public record and residents can contact the City for more information on permits and/or construction plans. Site plans for new development are administrative processes, meaning no public hearings, but plans are public record. Some land use cases, such as major subdivisions, do require public notice and/or additional hearings. Staff also received one phone call prior to the meeting, which was a general inquiry with no objections to the proposal. Planning Commission 14 Case No. WZ-21-07 / 44th & Harlan Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Primary Commercial Corridor (Harlan Street) Neighborhod Commercial Corridor (44th Avenue) Primary Gateway Planning Commission 15 Case No. WZ-21-07 / 44th & Harlan Rezone EXHIBIT 6: SITE PHOTOS View of the subject property looking northeast from the intersection of W. 44th Avenue and Harlan Street. The site was most recently used as a US Bank building with a drive-thru. (Source: Google Maps May 2021) View looking west from Harlan Street. The neighboring apartment building is shown on the right side of this image. (Source: Google Maps May 2021) ATTACHMENT 3 ITEM NO: 3 DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2021 – AN ORDINANCE APPROVING THE DISPOSITION OF PARK LAND AT STITES PARK AND IN CONNECTION THEREWITH AUTHORIZING AN EXCHANGE OF LAND TO CORRECT THE PROPERTY BOUNDARY PUBLIC HEARING ORDINANCES FOR 1ST READING (11/22/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/13/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: Stites Park is located at the northwest corner of W. 29th Avenue and Newland Street. At the north side of the park, the playground and basketball court were constructed by the City over a 15-foot sliver of private property. At the west side of the park, the fence, constructed in partnership by the City and adjacent property owner, is located several feet off the property line and into the City-owned park. Approval of this ordinance will facilitate a land exchange between the City and the adjacent property owner to correct these discrepancies. Because this exchange involves park land, unanimous approval by the entire Council is required for the ordinance. PRIOR ACTION: This issue was presented at a study session on June 1, 2020. City Council provided consensus and direction to move forward on the land exchange. Council Action Form – Stites Park Land Exchange November 22, 2021 Page 2 FINANCIAL IMPACT: There is no proposal to exchange funds in association with the land exchange. The owner of the adjacent property at 6675 W. 29th Avenue is in the process of subdividing their property, and they bore the cost of the plat and the exhibits associated with the exchange. The City previously shared the cost of replacing and upgrading the fence between the two properties. BACKGROUND: Stites Park is located at the northwest corner of W. 29th Avenue and Newland Street. The park contains a playground, basketball court, and a youth-size baseball field. The adjacent property at 6675 W. 29th Avenue contains two parcels under one ownership in a flag lot configuration: the majority of the lot is located to the west of Stites Park and a narrow 15-foot wide pole portion extends to Newland Street. This lot configuration is shown in the attached aerial image. The property at 6675 W. 29th Avenue is an oversized lot in the Residential-Two (R-2) zone district. In 2017, the private property was purchased by a partnership. The property previously contained a single-family home which was removed from the site through a demolition permit issued in November 2017. The owner at the time explored the possibility of a subdivision. They also worked with the City’s Parks and Recreation Department to replace the chain link fence separating the park and private property. The chain link fence was located several feet into the park because of the location of several mature trees. In an effort to retain the trees, the upgraded fence was installed in the same location in 2018. The ownership that completed this work subsequently dissolved, and no formal subdivision application was submitted. The current owner of the property was in communication with the Community Development staff in early 2020 to discuss the possibility of development under the existing residential zoning and to discuss the possibility of a land exchange in association with a subdivision plat. The land exchange corrects two issues: • At the north side of the park, the playground and basketball court were constructed over a 15-foot sliver of private property. This portion is 3,671 square feet in size and through the land exchange would be deeded to the City. • At the west side of the park, the fence is located several feet off the property line and into the park. This portion varies in width and is 1,485 square feet in size and through the land exchange would be deeded from the City to the adjacent owner. These two parcels are each shown and described in the exhibit to the ordinance; they are described as the east-west and north-south land dedications, respectively. Parkland Disposal While the exchange results in a net increase for the park, the disposition of the western sliver is still considered to be disposal of parkland and therefore is required to be reviewed pursuant to Section 16.5 of the Wheat Ridge Charter. This section requires a unanimous vote of the entire Council to dispose of park property. Specifically, it states: Council Action Form – Stites Park Land Exchange November 22, 2021 Page 3 The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council. Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land. If Council approves the land exchange and specifically the disposal of the 1,485 square feet of parkland, then the property owner will proceed with a subdivision plat reflecting such exchange and warranty deeds would be executed to complete the transaction. There is no proposal to exchange funds in association with the land exchange. Rather, in this case, the dedication of the parcel to the City could fulfill all or a portion of the parkland dedication requirement if the owner pursues development of new residential units at 6675 W. 29th Avenue in the future. RECOMMENDATIONS: Subdivision or development of the adjacent private property can proceed with or without the land exchange, however the exchange results in a preferred condition for both the City and the property owner. For this reason, staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2021, an ordinance approving the disposition of park land at Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary, on first reading, order it published, public hearing set for Monday, December 13, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 22-2021, an ordinance approving the disposition of park land at Stites Park and in connection therewith authorizing an exchange of land to correct the property boundary, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2021 2. Exhibits A and B 3. Aerial Image CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ______ Council Bill No. 22 Ordinance No. _________ Series 2021 TITLE: AN ORDINANCE APPROVING THE DISPOSITION OF PARK LAND AT STITES PARK AND IN CONNECTION THEREWITH AUTHORIZING AN EXCHANGE OF LAND TO CORRECT THE PROPERTY BOUNDARY WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the northeast corner of West 29th Avenue and Newland Street that is designated as park land and known as Stites Park (the “Park Property”); and WHEREAS, a playground and basketball court were constructed at the north end of the Park Property over a 15-foot wide parcel of private property; and WHEREAS, the fence along the western boundary of the Park Property is not aligned with the parcel line because of the presence of mature trees; and WHEREAS, the City and the adjacent property owner, James S Muniz, desire to correct these property line discrepancies; and WHEREAS, the portion of Park Property which the City proposes to convey to James S Muniz is designated park land; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council finds and determines that the disposition of a portion of Stites Park does not impact the use or needs of the adjacent park; and WHEREAS, the City Council therefore desires to approve the disposition of the Park Property conditioned upon the receipt of the parcel along the north boundary of the park and the consolidation of the same with the Park Property. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Conveyance of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the conveyance to James S Muniz of certain City-owned property designated as park land, which land is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. ATTACHMENT 1 Section 2. Conveyance Documents. In connection with the conveyance of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute the associated deeds and plat (once approved), in a form approved by the City Attorney. Section 3. Conditions of Approval of Sale of Property. The conveyance of property and execution of associated documents approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) James S Muniz conveys to the City the parcel north of the park, which land is more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, and (2) James S Muniz completes final approval of a plat which consolidates the Park Property. Should any one of these conditions precedent fail to occur on or before December 12, 2022, the approvals set forth in Sections 1 and 2 above shall never become effective. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of November 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 December 13, 2021, at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this ___ day of _____ , 2021. SIGNED by the Mayor on this ____ day of _____ 2021. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: December 2, 2021 2nd publication: _______ Jeffco Transcript: _______ Effective Date: _______ ATTACHMENT 2 EXHIBIT B PARCEL DESCRIPTION EAST WEST PARK A PARCEL OF LAND LOCATED TN LOT 4 OF HENDERSON'S SUBDIVISION AMENDED PLAT, TN THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. BASTS OF BEARINGS: THE NORTH UNE OF SATO HENDERSON'S SUBDIVTSTON AMENDED PLAT, BEING MONUMENTED TO THE NORTHEAST BY A 3" BRASS CAP STAMPED "DMWW" AND TO THE NORTHWEST BY A I" REBAR, ASSUMED TO BEAR SOUTH 89°41'31" WEST, A DISTANCE OF 375.10 FEET. COMMENCING AT THE SAID 3" BRASS CAP TO THE NORTH EAST, THENCE SOUTH 89°41'31" WEST ON SATO NORTH LINE OF HENDERSON'S SUBDIVTSTON AMENDED PLAT, A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 00°18'52" EAST, A DISTANCE OF 15.00 FEET, THENCE SOUTH 89°40'01" WEST, A DISTANCE OF 243.89 FEET, THENCE NORTH 00°03'34" EAST TO THE NORTH LINE OF SAID HENDERSON'S SUBDIVISION AMENDED PLAT, A DISTANCE OF 15.11 FEET, THENCE NORTH 89°41'31" EAST, ON THE NORTH LTNE OF HENDERSON'S SUBDIVTSTON AMENDED PLAT, A DISTANCE OF 243.79 FEET, TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 3,671 SQ. FT. MORE OR LESS. SURVEYOR'S STATEMENT: l, AARON A. DEMO, A LICENSED PROFESSIONAL LAND SURVEYOR TN THE STATE OF COLORADO, DO HEREBY ST ATE THAT THIS PARCEL DESCRIPTION WAS PREPARED UNDER MY PERSONAL SUPERVISION AND CHECKING, AND THAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, BELIEF AND IN MY PROFESSIONAL OPINION. AARON A. DEMO, PLS COLORADO LICENSED PROFESSIONAL LAND SURVEYOR NO. 38285 FOR AND ON BEHALF OF BASELINE CORPORATION BASELINE ENGINEERING CORP. 4007 S. LINCOLN A VE. SUITE 405, LOVELAND, CO, 8053 7 (970)353-7600 PAGE 1 OF 2 The first image shows in blue the current property lines of Stites Park and the adjacent private property at 6675 W. 29th Avenue; it also shows that park improvements encroach into private property. This second image highlights the parcels which are proposed to be exchanged. The east-west parcel shaded green is currently under private ownership and would become part of Stites Park. The north-south parcel shaded in orange is currently under City ownership but located on the west side of the fence line and would be conveyed to the owner of 6675 W.29th Avenue. The net increase in parkland would be just over 2,000 sf. ATTACHMENT 3 ITEM NO: 4 DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2021 – AN ORDINANCE APPROVING THE TRANSFER OF 4100 GRAY STREET THROUGH GENERAL WARRANTY DEED TO THE COUNTY OF JEFFERSON, STATE OF COLORADO, IN ORDER TO PLACE A REVERTER ON THE PROPERTY AND RETURN OWNERSHIP TO THE CITY OF WHEAT RIDGE THROUGH A COMMISSIONER’S DEED PUBLIC HEARING ORDINANCES FOR 1ST READING (11/22/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/13/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director City Manager ISSUE: Following Council approval, the City of Wheat Ridge recently purchased a home at 4100 Gray Street for $525,000, with the intent to expand the adjacent Randall Park. Staff worked with Jefferson County Open Space to seek a Land Conservation Partnership Grant in the amount of $150,000 to assist in the purchase. As a requirement for Open Space funding, the property must be made subject to a reverter clause. The formal process requires the City of Wheat Ridge to transfer the property to Jefferson County through a General Warranty Deed. Once received, Jefferson County will return ownership to the City of Wheat Ridge through a Commissioner’s Deed, imposing the reverter clause requiring that the property be used for public open space, park or recreational purposes in perpetuity. Pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land. Council Action Form – Ordinance Approving Transfer of 4100 Gray Street November 22, 2021 Page 2 While the transfer to Jefferson County is not a final disposal, the Charter requirement must be followed. PRIOR ACTION: On September 13, 2021, City Council approved Resolution 43-2021, authorizing the 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. The City closed on the property on October 20, 2021. FINANCIAL IMPACT: The approval of this ordinance will result in $150,000 in Jefferson County Open Space Land Conservation Partnership Program grant funds being added to the City’s Open Space Fund (Fund 32) to assist with the cost of purchasing the property at 4100 Gray Street. Ultimately, it will reduce the City’s cost from $525,000 to $375,000. If the ordinance is not adopted, the City will be responsible for the full property cost of $525,000. BACKGROUND: 4100 Gray Street was acquired to expand Randall Park to one city square block. It is proposed by City staff to convert the usage of the area into a community garden. The construction of a community garden would address equity issues as the City currently houses only one community garden several miles away. It would also help to bolster the current initiative for the increase in sustainable agriculture and food security for the Wheat Ridge community. Other potential uses may be considered including the expansion of parking and/or the expansion of the available park space. Staff will engage the neighborhood in discussions as future park development options as considered. Upon learning of the opportunity to purchase the property, staff immediately considered various grant opportunities to assist with the purchase price. Jefferson County Open Space staff saw the value and were very interested in collaborating through their Land Conservation Partnership Program. Staff worked quickly together to get this pushed through for funding in 2021. On November 9, 2021, the Board of Jefferson County Commissioners approved grant funding in the amount of $150,000. The final steps include (1) the approval of this ordinance, transferring the property to Jefferson County through a General Warranty Deed; (2) submitting a signed Environmental Indemnification and Hold Harmless form, and finally; (3) receiving property ownership back through a Commissioner’s Deed from Jefferson County, requiring that the property be used for public open space, park or recreational purposes in perpetuity. RECOMMENDATIONS: Staff recommends the approval of Council Bill No. 23-2021 in order to receive funding from Jefferson County Open Space for the land acquisition. While the process is slightly Council Action Form – Ordinance Approving Transfer of 4100 Gray Street November 22, 2021 Page 3 cumbersome, staff supports the reverter process and recommends that 4100 Gray Street remains as an open space, park or recreation amenity in perpetuity. RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2021, an ordinance approving the transfer of 4100 Gray Street through General Warranty Deed to the County of Jefferson, State of Colorado, in order to place a reverter on the property and return ownership to the City of Wheat Ridge through a Commissioner’s Deed on first reading, order it published, public hearing set for Monday, December 13, 2021 at 7:00 p.m. as a virtual meeting and in City Council Chambers, if allowed to meeting in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 23-2021, an ordinance approving the transfer of 4100 Gray Street through General Warranty Deed to the County of Jefferson, State of Colorado, in order to place a reverter on the property and return ownership to the City of Wheat Ridge through a Commissioner’s Deed for the following reason(s) _________________.” REPORT PREPARED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2021 2. General Warranty Deed 3. Environmental Indemnification and Hold Harmless Form 4. Board of Jefferson County Commissioners 11/9/21 Meeting Agenda 5. Commissioner’s Deed 6. Originally recorded General Warranty Deed CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ______ Council Bill No. 23 Ordinance No. _________ Series 2021 TITLE: AN ORDINANCE APPROVING THE TRANSFER OF 4100 GRAY STREET THROUGH GENERAL WARRANTY DEED TO THE COUNTY OF JEFFERSON, STATE OF COLORADO, IN ORDER TO PLACE A REVERTER ON THE PROPERTY AND RETURN OWNERSHIP TO THE CITY OF WHEAT RIDGE THROUGH A COMMISSIONER’S DEED WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property within the City at the southwest corner of West 41st Avenue and Gray Street designated as park land and known as Randall Park (the “Park Property”); and WHEREAS, the City recently purchased property at 4100 Gray Street to expand Randall Park to one City square block; and WHEREAS, to assist in this purchase the City was awarded $150,000 in grant funds through the Jefferson County Open Space Land Conservation Partnership Program; and WHEREAS, the process of accepting these grant funds requires the City to transfer the property via General Warranty Deed to the County of Jefferson, State of Colorado; and WHEREAS, the property ownership will be returned to the City of Wheat Ridge through a Commissioner’s Deed, requiring that the property be used for public open space, park or recreational purposes in perpetuity; and WHEREAS, in connection with this procedure, the City is also required to submit a signed Environmental Indemnification and Hold Harmless form; and WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the unanimous approval of the entire City Council, by ordinance, is necessary to sell or dispose of designated park land; and WHEREAS, the City Council therefore desires to approve the transfer of the Park Property conditioned upon the receipt of $150,000 in grant funds and a Commissioner’s Deed, returning ownership to the City of Wheat Ridge. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 1 Section 1. Conveyance of Park Property Approved. Pursuant to Charter Section 16.5, the City Council hereby approves the conveyance to the County of Jefferson, State of Colorado of certain City-owned property designated as park land, which land is more particularly described in Exhibit A, attached hereto and incorporated herein by this reference. Section 2. Agreement Approved. In connection with the transfer of park land approved by Section 1 above, the City Council hereby authorizes and directs the Mayor and City Clerk to execute the necessary instruments to complete the transfer and subsequent re-conveyance back to the City of the 4100 Gray Street Property, in form approved by the City Attorney. Section 3. Conditions of Approval of Sale of Property. The conveyance of property and agreement approved by Sections 1 and 2 above is expressly contingent upon the satisfaction of all of the following conditions precedent: (1) The City of Wheat Ridge receives $150,000 in grant funds through the Jefferson County Open Space Land Conservation Partnership Program and (2) the County of Jefferson, State of Colorado returns ownership to the City of Wheat Ridge through a Commissioner’s Deed. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of November 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 December 13, 2021, at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this ___ day of _____ , 2021. SIGNED by the Mayor on this ____ day of _____ 2021. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: December 2, 2021 2nd publication: _______ Jeffco Transcript: _______ Effective Date: _______ EXHIBIT A Legal Description of the Property THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING WITHIN THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO-WIT: BEGINNING AT A POINT 22.4 FEET NORTH AND 220.9 FEET WEST OF THE SOUTHEAST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE WEST 110.0 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 65.0 FEET; THENCE EAST 110.0 FEET; THENCE SOUTH 65.0 FEET, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 4100 GRAY STREET, WHEAT RIDGE, CO 80212 GENERAL WARRANTY DEED THIS DEED, made this 22nd day of November, 2021, is between the CITY OF WHEAT RIDGE, COLORADO ("Grantor”) and the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate, duly organized and existing under and by virtue of the laws of the State of Colorado (“Grantee”), whose legal address is 100 Jefferson County Parkway, Golden, Colorado 80419. For valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor hereby sells and conveys to Grantee the real property described in the General Warranty Deed dated October 20, 2021, and recorded at Reception No. 2021150743 in the Jefferson County Clerk & Recorder’s Office. Together with all its appurtenances and warrants title to the same, subject to Statutory Exceptions, pursuant to C.R.S. 28-30-113(1)(a). IN WITNESS WHEREOF, the Grantor has executed this deed. GRANTOR: City of Wheat Ridge, Colorado By__________________________________ Bud Starker, Mayor STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this ______ day of ____________, 2021, by Bud Starker as Mayor of the City of Wheat Ridge, Colorado, Grantor. WITNESS my hand and official seal. My Commission expires: __________________________ __________________________ Notary Public ATTACHMENT 2 THE WITHIN DEED IS ACCEPTED THIS _____ DAY OF ______________, 2021. Grantee: COUNTY OF JEFFERSON STATE OF COLORADO By_______________________________ Lesley Dahlkemper, Chair Board of County Commissioners APPROVED AS TO FORM: ____________________________ Steven L. Snyder Senior Assistant County Attorney INDEMNIFICATION AND HOLD HARMLESS THIS INDEMNIFICATION AND HOLD HARMLESS, dated this 22nd day of November, 2021, is granted by the CITY OF WHEAT RIDGE, COLORADO (“Wheat Ridge”), for the benefit of the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”). WHEREAS, by the deed recorded on October 25th, 2021, at Reception No. 2021150743, the County has conveyed to Wheat Ridge the property described in Exhibit A attached hereto and incorporated by reference (the "Property"); and WHEREAS, as a condition of the conveyance of the Property, the County has requested, and Wheat Ridge has agreed to provide, the within indemnification and hold harmless. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Wheat Ridge states as follows: 1. As used herein, the term "Hazardous Materials" means flammable or explosive materials, petroleum or petroleum products, oil, crude oil, methane gas or synthetic gas usable for fuel, radioactive materials, asbestos or any hazardous, toxic or dangerous substances, materials or wastes which are regulated under any applicable county, municipal, state or federal law, rule, ordinance, direction, or regulations as may be amended from time to time. 2. Within the limitations imposed by the Colorado Constitution and statutes, Wheat Ridge, by and through the undersigned, does hereby release, waive, discharge, agree to defend, indemnify and hold harmless the County and its officers, agents, employees, successors and assigns, from and against any actual or alleged injury, damage, or loss to the County relating to or arising from the use or presence of Hazardous Materials on the Property, including, without limitation, all (1) civil, legal and administrative costs; (2) fines and penalties; (3) response, remedial, and clean-up costs; and (4) attorneys’ and consultants’ fees, which may be incurred by the County. Notwithstanding the foregoing, however, Wheat Ridge does not waive or intend to waive the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended. The within indemnification and hold harmless extends to the pre-existing condition of the Property. 3. Wheat Ridge acknowledges that the County conveyed the Property "AS IS" and is not warranting the absence of Hazardous Materials. ATTACHMENT 3 - 2 - CITY OF WHEAT RIDGE, COLORADO By: ________________________________ Bud Starker, Mayor ATTEST: By: _______________________________ Name: Stephen Kirkpatrick, City Clerk STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2021, by Bud Starker as Mayor and Stephen Kirkpatrick as City Clerk of the City of Wheat Ridge, Colorado. WITNESS my hand and official seal. My Commission expires: __________________________ __________________________ Notary Public EXHIBIT A Legal Description of the Property THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING WITHIN THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO-WIT: BEGINNING AT A POINT 22.4 FEET NORTH AND 220.9 FEET WEST OF THE SOUTHEAST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE WEST 110.0 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 65.0 FEET; THENCE EAST 110.0 FEET; THENCE SOUTH 65.0 FEET, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 4100 GRAY STREET, WHEAT RIDGE, CO 80212 Board of County Commissioners Meeting Tuesday, November 9, 2021 8:00 a.m. Hybrid Meeting Hearing Room, First Floor and WebEx Events Virtual To attend the Public Meeting please attend in person or visit the County’s web site at www.jeffco.us/meetings to attend virtually and click on the link for the BCC Meeting you desire to attend which will take you to the WebEx Events platform. Please register and click on the blue “Join by Browser” option to join the meeting. The following website also provides access to the meeting: https://jeffco.webex.com/jeffco/onstage/g.php?MTID=ec19384f6c 6383b577afdaebd86b505ff If a citizen wishes to make public comment during the meeting please attend in person or when attending virtually you will be required to log into the meeting using a computer. Instructions for participating can be found on the County’s web site under Meetings and Agendas. Alternatively, citizens can also call in and listen to the meeting by dialing: +1-408-418-9388 and entering access code 2487 060 8856 Note: Citizens who dial in will not be able to provide public comment during the meeting. AGENDA The Tuesday meeting of the Board of County Commissioners (the “Board”) is an open meeting in which the Board approves contracts, expends funds, hears testimony, makes decisions on land use cases and takes care of other county matters. The public is welcome to attend. The Board meeting has three parts: Public Comment, the Business Meeting and the Public Hearing. General Procedures Agenda items will normally be considered in the order they appear on this agenda. However, the Board may alter the agenda, take breaks during the meeting, work through the noon hour; and even continue an item to a future meeting date. The Board welcomes your comments. During the Public Comment time, members of the public have three minutes to present views on county matters that are not included on the Hearing Agenda. The Public Comment time is not for questions and answers; it is your time to express your views. The Board will take up to 15 minutes at the beginning of the meeting and if needed, additional public comment will be taken at the end of the meeting on items not listed on the Hearing Agenda. ATTACHMENT 4 Tuesday, November 9, 2021 (continued) To participate in Public Comment please attend in person or please log into the WebEx Events virtual meeting using a computer. Once logged into the meeting on your computer, please send a chat message to the host with your name, address, and the topic of your comment so that the Chair can recognize you at the appropriate time for public comment. Please note that you are always welcome to communicate with the Board on the county’s web site (www.jeffco.us), by e-mail (commish@jeffco.us), by phone (303-271-8525), fax (303-271-8941) or US mail (100 Jefferson County Parkway, Golden, CO 80419). You can also meet your Commissioners at numerous community events such as town hall meetings, homeowner associations and chamber meetings. Business Meeting Call to Order Pledge of Allegiance Public Comment - Please See Public Comment Instructions Above Approval of Minutes Dated November 2, 2021 Consent Agenda CONSENT AGENDA PROCEDURES - Items on the Business Meeting Consent Agenda generally are decided by The Board without further discussion at the meeting. However, any Board member may remove an item from the Business Meeting Consent Agenda. The Board is not required to take public comment on removed items but may request additional information and input. 1.Resolution CC21-305 Expenditure Approval Listings - Finance 2.Resolution CC21-306 2022 Pre-Approval of Certain Items - Human Services 3.Resolution CC21-307 Service Agreement - Colorado Preschool Program - Head Start 4.Resolution CC21-308 City of Arvada - Van Bibber - Public Service Company Release of Reverter JCOS21-06 - Open Space 5.Resolution CC21-309 City of Wheat Ridge - Randall Park Expansion - Land Conservation Partnership Program JCOS21-11 - Open Space Tuesday, November 9, 2021 (continued) 6.Resolution CC21-310 Grant Application and Award - Colorado Department of Agriculture Noxious Weed Fund Grant - Land Stewardship Resources 7. Resolution CC21-311 Eighth Lease Amendment - Fairlanes Shopping Center, LLC for Space at 6510 Wadsworth Boulevard, Units 300, 310 and 320 in Arvada for Use by the Motor Vehicle Division - Facilities 8. Resolution CC21-312 Property Purchase - Three Hills Investment LLC for Approximately 12 acres of Land Located West of C-470 and South of US Hwy 285 Along South Turkey Creek Road ($547,000.00) - Road and Bridge 9. Resolution CC21-313 Policy Manual Part 4, Chapter 1, Section 2 Regarding Mill Levy Certification Policy - Strategy, Planning and Analysis Other Contracts and Resolutions for which Notice was not possible may be considered. Regular Agenda - No Agenda Item Public Hearing There are two parts to the Public Hearing Agenda: The Hearing Consent Agenda and the Regular Hearing Agenda. Items are listed on the Hearing Consent Agenda because no testimony is expected. In the event a Commissioner or any member of the public wishes to testify regarding an item on the Consent Agenda, the item will be removed and considered with the Regular Hearing Agenda. To offer public testimony on any of the cases on the Public Hearing Agenda, please attend in person or please log into the WebEx Events virtual meeting using a computer. Once logged into the meeting on your computer, please send a chat message to the host with your name, address, and the topic of your comment so that the Chair can recognize you at the appropriate time for public testimony. Unless otherwise stated by the Chair, a motion to approve the Hearing Consent Agenda shall include and be subject to staff’s findings, recommendations, and conditions as listed in the applicable Staff Report. Agenda Item_____ M E M O R A N D U M TO:Honorable Chairman and Members of the Board of County Commissioners FROM:Donald J. Davis, County Manager RE:City of Wheat Ridge - Randall Park Expansion - Land Conservation Partnership Program JCOS21-11 DATE:November 9, 2021 _________________________________________________________ Staff Recommendation: That the Board of County Commissioners (BCC) approve the recommendation made in Open Space Advisory Committee Resolution #21-15 to approve a Jefferson County Open Space (JCOS) Land Conservation Partnership Program grant of $150,000 to Wheat Ridge for its purchase of a 7,100 square foot parcel adjoining Randall Park. Authorization for: 1) the Chair of the BCC to accept a General Warranty Deed from the City of Wheat Ridge for the parcel; 2) the Chair of the BCC to execute a Commissioner’s Deed to Wheat Ridge with the Open Space Reverter upon receipt of an Environmental Indemnification from the City; 3) the County Attorney’s Office to cause the deeds to be recorded in the Jefferson County Clerk & Recorder’s Office; and 4) the Treasurer or his designee to make an electronic payment to Wheat Ridge for the $150,000 grant, using specific payment delivery instructions to be provided by the Director of Finance. Resolution No. Background: The City of Wheat Ridge (Wheat Ridge) purchased the last privately-owned parcel adjoining Randall Park. Located on the corner of 41st Avenue and Gray Street in northeast Wheat Ridge, the 7,100 square foot lot (0.16 acres) includes a house and garage that will be demolished following acquisition, and the land will be incorporated into the surrounding park. This acquisition will expand park and open space acreage in Wheat Ridge and add additional park and recreation opportunities for nearby residents. Wheat Ridge requested a $150,000 contribution from JCOS toward the $600,000 project through the Land Conservation Partnership Program. Wheat Ridge purchased the parcel on October 20, 2021, to meet the landowner’s timetable. JCOS will provide the $150,000 grant as a reimbursement to Wheat Ridge and will reconvey the parcel to Wheat Ridge with the Open Space Reverter to ensure it is used exclusively for park and open space purposes. Fiscal Impact: $150,000, paid with Open Space Funds from the adopted 2021 budget BCC Briefing Presented on: October 26, 2021 Originator: Hillary Merritt, Deputy Director Distribution: Clerk to the Board, Hillary Merritt, Amy Mueller, Karey Baker and Steve Snyder M:\BCC\2021 Agendas Memos\11 - November\November 9 BCC Packet Wheat Ridge Randall Park Expansion\Wheat Ridge Reimbursement Randal Park Expansion routing form with funds.doc Date Revised: 02/22/07 CONTRACT REVIEW ROUTING FORM Parties to Contract: Jefferson County Project: City of Wheat Ridge - Randall Park Expansion - Land Conservation Partnership Program JCOS21-11 Process Dates: Must be executed by BCC: November 9, 2021 Deadline to County Manager: November 2, 2021 Contacts: Originating Department/Contact: Open Space/ Hillary Merritt Phone: 303-271-5948 County Attorney/Contact: Steve Snyder Phone: 303-271-8926 MANDATORY ACCOUNT INFORMATION Total Amount: $150,000 Account Number: CC53180, Account 550000:SC557110. Project: Funds Available: Yes X No ROUTING O R D E R Department A u t h o r i z e d S i g n a t u r e s Name/Initials (*) Date Rec’d Date Forward Comments Originator Department/Division Director Tom Hoby 10/28/21 10/28/21 County Attorney Director of Accounting BCC Agenda Coordinator INSTRUCTIONS (*) Initials of reviewer indicate that the contract is acceptable and ready for BCC action, from reviewer’s perspective. (**) Signature of authorized department contact for contractual questions. 11-2-21 11-2-21 COMMISSIONER'S DEED THIS DEED, dated for reference purposes this _______ day of __________________, 2021, is between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"), acting by and through its duly constituted and appointed Commissioner to execute and quitclaim this deed, and the CITY OF WHEAT RIDGE, COLORADO (the “City”) whose address is 4005 Kipling Street, Wheat Ridge, CO 80033. WITNESSETH THAT WHEREAS, the Board of County Commissioners of the County of Jefferson did at a regular meeting of said Board held at the Administrative/Judicial Facility in the County on the ______ day of _______________, 2021, duly adopt and pass Resolution No. CC21-_____ authorizing the quitclaim of the property described in Exhibit A attached hereto and incorporated by reference (the "Property") to the City. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, acting as Commissioner aforesaid, does by these presents quitclaim unto the City and its successors and assigns, for so long as all of the Property remains within Jefferson County boundaries and is used by a public entity for public open space, park or recreational purposes, and no longer, all the right, title, interest, claim and demand that the County has in and to the Property, with all its appurtenances. TO HAVE AND TO HOLD the same, but if any portion of the Property or the appurtenances ceases to be within Jefferson County boundaries or is used for any purpose other than by a public entity for public open space, park or recreational purposes, the Property, along with the appurtenances, shall revert to the County and this deed shall be null and void. [Signatures on Following Page] ATTACHMENT 5 - 2 - COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate ATTEST: _________________________ By____________________________ Deputy Clerk Lesley Dahlkemper, Chair Board of County Commissioners STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this ______ day of _________________, 2021, by Lesley Dahlkemper, Chair for the Board of County Commissioners for the County of Jefferson, State of Colorado, a body politic and corporate. WITNESS my hand and official seal. My Commission expires: __________________________ __________________________ Notary Public APPROVED AS TO FORM: _____________________________ Steven L. Snyder Sr. Assistant County Attorney EXHIBIT A Legal Description of Property THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING WITHIN THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST TO-WIT: BEGINNING AT A POINT 22.4 FEET NORTH AND 220.9 FEET WEST OF THE SOUTHEAST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE WEST 110.0 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 65.0 FEET; THENCE EAST 110.0 FEET; THENCE SOUTH 65.0 FEET, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 4100 GRAY STREET, WHEAT RIDGE, CO 80212 ATTACHMENT 6 ITEM NO: 5 DATE: November 22, 2021 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 56-2021 – A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $187,402 FOR THE PURPOSE OF PURCHASING AND INSTALLING AN OUTDOOR FITNESS COURT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ ___________________________ Director of Parks & Recreation City Manager ISSUE: The City received a $30,000 grant from the National Fitness Campaign (NFC) and Colorado Parks and Recreation Association (CPRA) for an outdoor fitness court to be installed at Panorama Park. The total cost to purchase and install the fitness court is $217,402. This resolution will amend the 2021 General Fund budget, in the amount of $187,402, to use American Rescue Plan Act (ARPA) dollars to fund the remainder of the project. PRIOR ACTION: The Parks and Recreation Department was awarded a $30,000 grant for an outdoor fitness court from an NFC and CPRA statewide campaign. The NFC and the City identified Panorama Park as the best location for the fitness court, based on visibility, accessibility, and connectivity. City Council accepted this grant award via Resolution 58-2020 on December 14, 2020. FINANCIAL IMPACT: The cost of the fitness court is $145,365 and the City will receive a $30,000 grant in the form of a discount, reducing the price of the fitness court to $115,365. In addition, a concrete slab in the amount of $30,000, installation of $25,000 and a 10% contingency of $17,037 increases the total Council Action Form – Purchase of Outdoor Fitness Court November 22, 2021 Page 2 project cost to $187,402. Staff is requesting a supplemental budget appropriation in the amount of $187,402 from the General Fund using ARPA dollars. BACKGROUND: The mission of NFC is to “design healthy infrastructure for cities to improve the quality of life for people.” They partner with cities, schools, and state agencies to install fitness courts that are free to the public. The CPRA is the statewide industry association for parks and recreation. During the COVID-19 pandemic, access to Wheat Ridge Parks and Recreation and private gym facilities has been limited for public safety. This outdoor fitness court will provide an additional, outdoor, free-to-use option for residents to exercise. Panorama Park was specifically identified as an ideal location as it is in a different geographic area of the City from the other public fitness options (Recreation Center, Anderson Building and Active Adult Center), is in an area of Wheat Ridge with higher population density and lower median incomes, and is near traffic routes including 32nd Avenue, 35th Avenue, Harlan Street and Sheridan Boulevard. The fitness court from the NFC is installed on a 38-foot by 38-foot concrete slab with sport tile flooring. The court includes seven body-weight exercise stations focusing on core, squat, push, pull, lunge, agility and bend movements. Each station is approximately six feet apart. The court can be used year-round. There are instructions for exercises included with the court, as well as access to a free phone application where more workouts can be viewed. RECOMMENDATIONS: The Parks and Recreation Department recommends approval of the purchase of the outdoor fitness court for installation at Panorama Park. RECOMMENDED MOTION: “I move to approve Resolution No. 56-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $187,402 for the purpose of purchasing and installing an outdoor fitness court.” Or, “I move to table indefinitely Resolution No. 56-2021, a resolution amending the fiscal year 2021 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $187,402 for the purpose of purchasing and installing an outdoor fitness court for the following reason(s)_____________________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager Council Action Form – Purchase of Outdoor Fitness Court November 22, 2021 Page 3 ATTACHMENTS: 1. Resolution No. 56-2021 2. National Fitness Campaign Quote (not including concrete slab, installation & project contingency) 3. Outdoor Fitness Court Executive Summary 4. Outdoor Fitness Court Site Analysis 5. Outdoor Fitness Court sole source letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 56 Series of 2021 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2021 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $187,402 FOR THE PURPOSE OF PURCHASING AND INSTALLING AN OUTDOOR FITNESS COURT WHEREAS, the City received a $30,000 grant from the National Fitness Campaign and Colorado Parks and Recreation Association for an outdoor fitness court; and WHEREAS, the outdoor fitness court would provide an outdoor, free-of-charge amenity for community members to exercise safely during the pandemic and beyond; and WHEREAS, the City of Wheat Ridge received American Rescue Plan Act funds to be used for the purpose of responding to the pandemic and its negative economic impacts; and WHEREAS, the Wheat Ridge Parks and Recreation Master Plan calls for a balanced and equitable park and recreation system responsive to all age groups and user groups; and WHEREAS, Panorama Park was specifically identified as an ideal location as it is in a different geographic area in the City from other public fitness opportunities, is in an area of Wheat Ridge with a higher population density and lower median income, and is near various traffic routes; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A supplemental budget appropriation of $187,402 is hereby approved to be transferred from General Fund undesignated reserves to account 01-610- 700-777 and that revenues are amended accordingly. DONE AND RESOLVED this 22nd day of November 2021. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 00000053Quote Number 11/26/2021Expiration Date 10/19/2021Created Date National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. 1. PAYMENT TERMS Purchaser will pay Seller 100% of the Purchase Price upon receipt of delivery. Purchaser is responsible for payment of shipping costs, including packing, insurance and freight. These payment terms will apply unless other approved payment terms have been agreed to by both parties 2. TAX EXEMPTION This quoted total is based upon Purchaser's tax exempt status, for which verifying documentation must be provided to Seller. If Purchaser is not tax exempt, sales tax will be applied before Purchase Price is to be considered final or binding. $115,365.00Grand Total $115,365.00Subtotal 4005 Kipling St Wheat Ridge, CO 80033 Bill To Wheat Ridge, COBill To Name Description Quantity List Price Total Price Freight, Packing and Insurance for shipment 1.00 $2,000.00 $2,000.00 Fitness Court® and National Campaign Resources 1.00 $128,000.00 $128,000.00 Fall 2021 Material Increase - Raw Steel 1.00 $6,865.00 $6,865.00 Premium Art Collection - Full Wrap Vinyl Mural with Custom Logo Integrated 1.00 $8,500.00 $8,500.00 NFC National Grant Funding Award 1.00 ($30,000.00) ($30,000.00) Terms ATTACHMENT 2 NATIONAL FITNESS CAMPAIGNEXECUTIVE SUMMARY 2021 STATE AGENCIES INVITATION NATIONAL FITNESS CAMPAIGN202110 STATE PARTNERS ATTACHMENT 3 The First Fitness Court The New Fitness Court 3 Countries 10,000 FITNESSCOURTS San Francisco StanfordUniversity FITNESS COURT INVENTED 1979 A NEW CAMPAIGN &WORLD CLASS TEAM 2012 NATIONWIDE CAMPAIGN LAUNCH 2018 & PRESENT EXPANSION TO 1,000 CITIES 2022 CAMPAIGN EXPANDS 1980-2000 1979 1980 2018 20222012 MITCH MENAGEDNFC FOUNDER GADI AMITNEW DEAL DESIGN SAM LUCENTEHEWLETT PACKARD MARK LAURENSPECIAL FORCES FITNESS COURT® DESIGN TEAM NFC : PAST, PRESENT, FUTURECAMPAIGNSTORY NFC : WHO & WHATCAMPAIGNMISSION THE PROBLEM OUR MISSION WHO WE ARE WHAT WE DO Preventable diseases like obesity continues to rise across America. The built environment can increase longevity. Design healthy infrastructure for cities to improve the quality of life for people. National Fitness Campaign is a San Francisco based social enterprise and consulting firm. NFC partners with cities, schools and state agencies who make health a priority to plan, build, fund and activate healthy infrastructure. THE NEW2021 CAMPAIGN A HOLISTIC QUALITY OF LIFE INITIATIVE FOR PARTNER CITIES H e a l t H y I n f r a s t r u c t u r e s e r v I c e s H E A L T H Y INFRA S T R U C T U R E Healthy Infrastructure Development C A M PAIGN S E R V I C E S Annual Campaign Services FITNESS COURT INSTALLATION GUIDANCE H.I. DESIGN SERVICES CONSENSUS BUILDINGGRANT FUNDING CUSTOM DESIGN SERVICESSPONSOR SUPPORTPARTNER TOOLBOX LAUNCH SUPPORT IMPACT STUDY OFFICIAL NFC GEAR CLASSES &CHALLENGE MEDIA & PRESS AMBASSADOR TRAINING MOBILE APP FITNESS SEASON Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo A Comprehensive Wellness Program The Campaign is a collection of resources and services designed to activate, encourage and support participation in outdoor fitness activities. Our campaign is separated into two stages: Healthy Infrastructure & Campaign Services. All Cities and schools awarded in the program receive all products, tools and services described on this page and detailed in this executive summary document. NFC : COMPREHENSIVE PROGRAM CAMPAIGN SUMMARY H e a l t H y I n f r a s t r u c t u r e c a m p a I g n s e r v I c e s 21st Century Healthy Infrastructure National Fitness Campaign’s Fitness Court is the centerpiece to its holistic health and wellness initiative. The Fitness Court is an outdoor bodyweight circuit training center with functional fitness DNA. The best-in-class system provides a full-body workout to adults of all ability levels. With 7 functional fitness zones, the Fitness Court can be used in thousands of ways. The Fitness Court is the world’s best outdoor gym! Featured Stories Highlighted through Press and Local MediaNFC Fitness Court Ambassador Training ACE Certified (America Council of Exercise) Free digital App Delivering Programing, Workouts & ContentStrategic Planning & Feasibility Study, Site Design Consulting Sponsor Strategy, Best Practices,National Installation Team Support Spring/Summer/Fall national & local training, classes & challenges series Launch & Public RelationsAmbassador TrainingFitness Court AppStrategic Planning Studies Campaign Funding Support Annual Fitness Season ACTIVITY ANALYSIS | PHYSICAL Austin, TX Phase 1 Potential Sites Future PhaseExpanded Network Farmers MarketNutrition Network FITNESS COURT WALKABILITY NUTRITION 10 M I N W A L K 20 M I N W A L K Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS SEASON 2020 WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SPRING CHALLENGE SERIES The Fitness Season culminates with local, regional and national challenges for residents. FALL WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SUMMER 1 2 3 4 5 6 7 7 Minutes 7 Movements Integrated Sports Floor Each Fitness Court® includes an integrated sports floor made from durable 2’x2’ tiles which adhere directly to the concrete slab. Available in our standard NFC Blue or Gray to match any custom design. Top (Blue Option)Top (Grey Option) Made & Manufactured in the USA Designed by NFC in California. FITNESS COURT® WORLD CLASS MATERIALS & SYSTEM High QualityDual-layer powder-coating carbon steel Durable Materials Tamper-resistant, galvanized & stainless steel bolts and fittings. Best In ClassAnti-graffiti laminate vinyl decals Variable Footstrips Destabilized Push Rings Destabilized Pull Rings (2) Push Ladders (6) Box Jumps (8) Lunge Steps (4) Pull Ladders (2) Bend Stations Integrated Sports Floor Agility Station Support Wall 38’x3 8 ’ C o n c r e t e S l a b The new campaign is now operating in over 100 cities and colleges across the Nation. By the end of 2020, the program will be thriving in over 200 communities across 40 states. The Campaign’s unique funding model brings partnerships and funding to cities and schools of all sizes. 500 PARTNERS & SPONSORS ANNUAL HEALTHY INFRASTRUCTURE EDUCATIONAL WORKSHOP ACTIVITY ANALYSISMCKINNEY, TX Phase 1 Potential Sites Future PhaseExpanded Network FITNESS COURT CENSUS DATA Population DensityPeople per square mile Low 4,000 High18,000 Population IncomeAnnual Income per Block Group Low $50,000 High$140,000 ACTIVITY ANALYSISMCKINNEY, TX Activity Mapping Population Density Park Network Population Income Greenways & Trails Council DistrictsPOPULATION PER SQ MILEINCOME PER BLOCK 2019 aggregated anonymous data set mckinney, tx | Population 181,330 city activity mapping SITE MAP MCKINNEY, TX Activity MappingPhase 1 Recommendation: Activity MappingPhase 2 Recommendation: Fitness Trail13 Mile Marathon Loop ACTIVITY ANALYSISMCKINNEY, TX Phase 1 Potential Sites Future PhaseExpanded Network Farmers MarketNutrition Network Fitness Trail13 Mile Marathon Loop 10 M I N W A L K 20 M I N W A L K Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS COURT WALKABILITY NUTRITION SITE MAP MCKINNEY, TX Activity MappingPhase 1 Recommendation: Activity MappingPhase 2 Recommendation: Fitness Trail13 Mile Marathon Loop Data Mapping Tools, Analysis Methods, Healthy Infrastructure Planning In recognition of the importance of continuing education and professional development and the extensive work supported by CPRA’s Foundation, NFC proposes an innovative regional workshop series providing specialized training and education in the development of pedestrian infrastructure, healthy living policies and practices, and Fitness Court programming. These day-long programs will occur each Spring. The below information provides a tentative framework. NFC envisions close collaboration with CPRA to determine the structure and execution of the workshops. PROGRAM ADOPTION PROCESS IS WELLNESS A PRIORITY SITE SELECTION PROGRAM FUNDING PROGRAM TIMING Is healthy living a priority in your city? Does the campaign align with your city’s goals and local initiatives? Is there support from appropriate stakeholders? Main Criteria for Site Selections 1. Iconic Sites Supports Success and Impact 2. Accessibility Engage all Population Sectors 3. Connectivity Program locations align with pedestrian infrastructure and trails systems. Qualified cities will receive $30,000 in Grant Funding from NFC for each Fitness Court and local Campaign. With variable funding models and opportunities for partnership development within your local and regional network, there are multiple ways to fund the Campaign. NFC is here to help! 321 4 Healthy Living [ [ ++ - Mayor- City Council- Park Director - Leadership GRANT FUNDING REQUIREMENTS NFC 4-STEP PROGRAM ADOPTION PROCESS Early Application Deadline:AUGUST 24 - SEPTEMBER 11 Application Deadline:OCTOBER 16 Grant Award AnnouncementNOVEMBER 2 Program Launch: NOV. 2 2020 - OCT. 2021 GRANT FUNDING AWARDREQUIRED FUNDING FOR EACH SITE = $25,000 GRANT FROM NFC $105,000 LOCAL FUNDING MATCH(PLUS INSTALLATION)$130,000 COURT INSTALL FITNESS COURT & CAMPAIGN ECOSYSTEM + REQUIRED PER FITNESS COURT TOTAL FUNDING +INSTALLATION METHODS IN KIND IN HOUSE CONCRETE SLAB + FITNESS COURT ASSEMBLY + GRAPHICS INSTALL OROR BID OUT NATIONAL FITNESS CAMPAIGN202110 STATE PARTNERS PROGRAM SUMMARY NFC 2020 CAMPAIGN SPECIFICATIONS 2021 PROGRAM SUMMARY: All items and services below are delivered to approved partners as part of the 2021 Campaign. CAMPAIGN SERVICESH E A L T HY INFRA S T R U C T U R E Fitness Court® Description:32’x35’ outdoor bodyweight circuit training system with the following components:• Seven station circuit training system providing full-body workout modules• Fitness Court body-weight training wall - 32’W x 2’D x 6’ H with custom graphics• Thirty pieces of body-weight fitness elements for simultaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations.• Bolts, attachments and anchors required for installation FITNESS COURT® HEALTHY INFRASTRUCTURE HEALTHY INFRASTRUCTURE DESIGN SERVICES GRANT FUNDING, CONSENSUS BUILDING, SPONSOR SUPPORT • Outdoor Sports Floor Size: 1,024 SF (32’x32’)• Color: NFC Blue• Thickness: 1” Tiles• ADA Border Included Fitness Court Surface - Tile Surface Specifications • All structural components are made from high-grade carbon steel• Structural components receive high-grade duel layer powder coating• All cladding (skins) made from high-grade aluminum and powder coated• Graphics and signage printed with anti-graffiti over-lamination material• Manufactured in the United States• Resilient to heavy, repeated daily use• Over 30 individual pieces of equipment• Powder-Coated Structural Components • Galvanized fittings and bolts - included• Stainless steel cables• Full installation guide provided• Warranty through NFC Fitness Court Specifications: Strategic Planning & Feasibility Study • City-wide impact analysis and master plan integration plan• Site Design and Visibility Analysis Custom Fitness Court Design Services & Construction & Installation Support • Customized Fitness Court powder-coating and decal design - no two Fitness Courts are the same!• Stamped and certified design plans, concrete slab drawings, and contractor management are provided by the NFC Activation Team. With all ready-to-build plans included, most installations require less than 90 days to complete from ground-breaking to launch.• NFC National Installation Partner Access - EIS (contracted separately) NFC Grant Funding Qualification • Access to qualify for NFC’s Grant Funding through NFC’s national partners to support seeding the program. Consensus Building Consulting • NFC has industry experts in project management, and from conception through execution, they will collaborate on an average of 2 intensive monthly planning calls to drive success. Sponsor Strategy Consulting Support • Up to 10 custom renderings provided by NFC Design Team to support outreach to local sponsors and partners. Up to 5 custom slide presentations provided for in-person meetings and internal stakeholder consensus-building. • Made for all climates• Almost no moving parts (only cables)• Equipment is anchor bolted into concrete• Replacement parts available through NFC• No requirement for disassembly in winter• Maintenance guide, including touch-up paint & necessary tooling included See Official Warranty for Full Coverage Detail Warranty + Maintenance *Not Included The Fitness Court App Free mobile app for iOS / Android teaches proper use, routines and challenges to all users • Classes: schedule, run and track attendance using the Fitness Court App back-end scheduling tool, providing live class management through the OnSched platform. Training and basic setup provided by NFC within 30 days of launch event.• Learn: video guides deliver workouts, and teach the basics for beginners on the Fitness Court. New content released quarterly, and updated by NFC National Training Team.• Train: individual audio guides. New content released quarterly, updated by NFC National Training Team.• Challenge: competitive tracking allows users to participate in timed, scored challenges, with an option to submit their scores to a national Leaderboard. Acts as a regional and national event qualification tool. FITNESS COURT® APP Programming and Training Tools Fitness Court Ambassadors build and sustain a healthy culture around the Fitness Court ecosystem • Learn: education modules provided by the NFC Training Team are eligible for a range of industry certifications, are offered both in-person and remote, and provide a range of class templates, coaching tips and more to qualified Ambassadors. Partnership includes program vouchers for up to 12 individual Ambassadors per Fitness Court, individually eligible for up to 3 continuing education credits (CECs), approved through the American Council on Exercise (ACE).• Train: classes, clinics and challenges become the building blocks of a Fitness Season, led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption.• Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Fitness Court. Up to five local Ambassadors are eligible to attend an in-person regional training event of their choice in 2020. *Regional training schedule provided May 2020 CERTIFIED AMBASSADOR TRAINING Promotions and Marketing PackageMedia support and community engagement materials excite users and strengthen program adoption • Custom Grant Announcement Kit: promote the development of the program in your community with NFC support through traditional and social media channels - including a custom Press Release, site rendering, and outreach planning tools.• Launch Event Promotions Toolkit: announce the launch of the Fitness Court on traditional media channels with a separate customized press release, outreach support and uniquely branded assets for social media.• NFC Website Feature Story: NFC-hosted custom storytelling showcases the partnership and program development in your community.• Fitness Court Gear: minimum $750 credit towards the official NFC gear store - gear and giveaways (provided in part by national Campaign sponsor, Badger Sport®) nurture Ambassador relationships, honor stakeholders and excite event attendees, to amplify launch activities.• Opening Day Launch Support: NFC provides event management templates, guidance for launch event planning, and custom promotional materials (flyer’s, media assets). MEDIA, PRESS, & PROMOTIONS Annual Activation Series: 2020 Fitness SeasonBring the Latest Events & Programs to Your Fitness Court® this Year! • Spring 2020 : 18 new workout routines & video tutorials introduced to the Fitness Court App, featuring pro trainer, Mark Lauren.• Summer 2020: Classes and Clinics support ongoing programming for group exercise and app-based class• Fall 2020: Challenge series builds competition & strengthens community. Marks the success of year’s activation program for all users.• Healthy Infrastructure Awards: annual recognition program highlighting exceptional partners and leaders nationwide, winners receive custom awards, decals and press support to announce FITNESS SEASON 2020 C A MPAIGN S E R V I C E S SAN FRANCISCO, USANATIONALFITNESSCAMPAIGN.COM INFO@NFCHQ.COM (415) 702-4919 NATIONAL FITNESS CAMPAIGN WHEAT RIDGECOLORADO 2020 CITY-WIDE PARTNERSHIP NATIONAL FITNESS CAMPAIGN ATTACHMENT 4 A Note from the NFC Team: The following overview of pedestrian analysis for Albemarle is presented as part of CPRA NFC state-wide campaign program services that provide support and guidance for building a healthy city network. These data sets and resources have now been made available to select 40 Partner Agencies who are now moving forward with state-wide campaigns and programs. The following pages are an excerpt of our analysis, which we are pleased to present and share with you. We look forward to working with you to further develop the site map and partnership. Please Note: These materials are the property of NFC and are made available to qualified candidates who are being considered for funding and or participation in the NFC Model Cities and Healthy Infrastructure program. Any reproduction or sharing of these materials is strictly forbidden and use of these materials is for work done in conjunction with NFC and its partners and sponsors. WHEAT RIDGECOLORADO Partnership Stage 2 : Evaluation 321Iconic Sites SITE SELECTIONS Accessibility Connectivity To support the campaigns’ initiative of world class free fitness for all, the Fitness Court should be placed in a publicly accessible area. The Fitness Court is designed as a piece of healthy infrastructure that pairs with city parks, trails and pedestrian infrastructure. Visibility plays a key role in bringing power and excitement to the Fitness Court. QUALIFY YOUR SITE FOR FUNDING city activity 2020 AGGREGATED ANONYMOUS DATA SET WHEAT RIDGE POPULATION 31,400 TRAILS Bike & Walking Paths PARKS City Parks & Open Space COUNCIL DISTRICTS City Breakdown CITY WIDE INVENTORY: PHYSICAL WHEAT RIDGE, CO 4 2 13 ACTIVITY NETWORK Running, Biking, Walking POPULATION DENSITY People per sq. Mile EQUITY MAP Median Household Income CITY WIDE INVENTORY: SOCIAL WHEAT RIDGE, CO ACTIVITY ANALYSIS: MOBILITY + OPEN SPACE FITNESS COURT SITE OPPORTUNITIES CITY PARKS WALKING RADIUS10 MINUTE = .5 MILE WALKABILITY WHEAT RIDGE, CO 10 M I N W A L K 4 2 1 3 PANORAMA PARK CREEKSIDE PARK HAYWARD PARK DETAILED ACTIVITY ANALYSIS: MOVEMENT WHEAT RIDGE, CO SITE MAP: RECOMMENDED SITE OPPORTUNITIES v PHASE 1 SITE OPPORTUNITIES PHASE 2 SITE OPPORTUNITIES Panorama ParkCreekside ParkHayward Park Prospect ParkDiscovery ParkAnderson ParkLight Rail- End of G LineClear Creek Crossing Prospect Park Light Rail - End of G Line Clear Creek Crossing Discovery Park Anderson Park Hayward Park Creekside Park Panorama Park WHEAT RIDGE, CO REQUIRED PROGRAM FUNDING: PER LOCATION WHEAT RIDGE, CO = $25,000 GRANT FROM NFC $105,000 LOCAL FUNDING MATCH$130,000 COURT INSTALL FITNESS COURT & CAMPAIGN ECOSYSTEM + REQUIRED PER FITNESS COURT TOTAL FUNDING +INSTALLATION CONCRETE SLAB + FITNESS COURT ASSEMBLY + GRAPHICS INSTALL BID OUTIN KIND IN HOUSE OROR SPONSORS NATIONWIDEOVER500 2021 STATE-WIDE PROGRAM REQUIRED PROGRAM FUNDING: TIMELINE APPLICATION SUBMISSION: OCTOBER 15, 2020 ADVANCE AWARD ANNOUNCEMENTS: NOVEMBER 1, 2020 SUBMIT MATCHING FUNDING: JUNE 15, 2021 PROGRAM LAUNCH: OCTOBER 1, 2021 WHEAT RIDGE, CO Next steps Feasibility Share Video - Build Consensus1 Evaluation Call Discuss Support, Evaluate Sites,Assess Funding2 Grant Application NFC Releases Application 3 Program Adopted NFC Awards Grant, Funding Development Begins4 A Note from the NFC Team: Please Note: These materials are the property of NFC and are made available to qualified candidates who are being considered for funding and or participation in the NFC Model Cities and Healthy Infrastructure program. Any reproduction or sharing of these materials is strictly forbidden and use of these materials is for work done in conjunction with NFC and its partners and sponsors. NATIONAL FITNESS CAMPAIGN WHEAT RIDGE COLORADO San Francisco, USA | Nationalfitnesscampaign.com | info@nfchq.com | 415.702.4919 National Fitness Campaign LP | PO Box 2367, San Francisco CA 94126 | ​info@nfchq.com  February 23rd, 2021  To Whom it May Concern,  National Fitness Campaign LP is a consulting firm that partners with public and private  organizations to impact quality of life through changing the built environment and community  wellness practices. The NFC initiative provides design and planning services, a trademarked  outdoor infrastructure product, the Fitness Court®, an integrated digital ecosystem, the Fitness  Court® mobile app and engagement wall, and integrated public art wall to approved cities, schools,  and organizations that apply to receive an NFC partnership and bring the program to their selected  site location.  This program is highly specialized, and NFC is the only organization in the world that delivers these  elements either individually, or as part of an integrated program. For the reasons listed below, the  trademark ownership of the system and infrastructure, and the integrated nature of the initiative  including services, products, tools and grant funding, it is approved as a sole source across the  United States.  A competitive analysis has been conducted by hundreds of cities and institutions across the  country, who have concluded that the products and services have no equal. This group includes  cities like Sacramento California and Las Vegas Nevada, and institutions such as Stanford  University and The University of Colorado at Boulder, where the Fitness Court® and associated  tools and services were successfully sole sourced, evidenced by public documentation and  approvals which have been documented widely. Further, the Fitness Court® is trademarked and  owned by National Fitness Campaign.  While the integrated nature of the products and services is grounds for sole source by most  national standards, there are three primary differentiators that validate the sole source justification  of the Fitness Court® and national campaign resources, which are described below. In addition to  the below descriptions of these three primary items, an appendix is provided as an attachment to  this document that provides graphic aids and further detailed information regarding the  differentiation of this program and its associated products and services.  1.Patented Fitness Court​®​ System A.Fitness Court​®​ is trademarked and owned by National Fitness Campaign LP. a.As such, this product cannot be procured from any other organization. Any organization seeking to fund and install a Fitness Court® must do so through National Fitness Campaign LP. i.See Appendix for Trademark Document from the United States Patent and Trademark Office B.The Fitness Court® and each element is manufactured only by National Fitness Campaign LP. It is impossible to not only procure the elements as a system, but individually. Every aspect of the Fitness Court®, including the functional design of all equipment, structural engineering, elements are the property of National Fitness Campaign LP. The individual elements are each named and registered with a unique design and serial number. Because the design of the elements is owned by National Fitness Campaign LP and not licensed to any other organization or distributor, it is not possible to procure them anywhere else. C.The Fitness Court® is available only in a single configuration, shown in the ATTACHMENT 5 appendix materials. The system includes over 118 unique elements. There is  absolutely no variation in the layout of the elements. Elements can not be added  or removed. Spacing cannot be altered. Like many integrated products, Individual  elements can not be procured separately.  D.The Fitness Court® has a patented training envelope that accommodates more users per square foot than any other system in the world. The Fitness Court​®​ is a comprehensive outdoor circuit training system, laid out in 32’x32’ of space, for a total of 1024 sq ft of training area. NFC’s patented design is able to support 28 simultaneous users on 30 integrated bodyweight training components, derived from the previously stated 118 elements. This configuration is impossible to re-create in only 1024 square feet without NFC’s patented equipment and components due to specific requirements set forth by other manufacturers. E.Public Art Mural and Digital Engagement Wall a.Each Fitness Court® is designed as a one-of-a-kind work of art that includes a 32’x5.5’ public art mural. The mural is an integral component of the Fitness Court design, and makes each Fitness Court® a one-of-a-kind public art installation. b.Further, the mural can be periodically re-designed and introduced, to create a rotating art mural. i.NFC provides integrated consulting and design services to assist in this process. c.Digital Engagement Wall i.On the opposite side of the mural wall, the Fitness Court includes a custom digital engagement wall. 1.This wall provides digital QR codes and embedded, proprietary information regarding the use of the Fitness Court® and Fitness Court App. 2.This information is unavailable from any other organization because it is the IP of National Fitness Campaign LP. 3.Tracking Fitness Court® usage wouldn't be possible without the built in GPS tracking features available on the Fitness Court® digital engagement wall. d.NFC is unaware of any other outdoor fitness element that provides an integrated art mural of any kind. e.Further, NFC has an in-house art studio that designs, produces, and creates the art and custom graphics that are integrated into each Fitness Court. i.This scope of services for design and production of commercial grade, anti-graffiti laminate vinyl specific to the Fitness Court® is not provided by any other organization as an integrated service. 2.Fitness Court® App and Digital Tracking System a.Each Fitness Court® is supported by a mobile app called the Fitness Court® App. All IP, including the app itself are owned by National Fitness Campaign LP. The training resources, world-class workout programs, challenges and data analytics features are only available for Fitness Court® users and site partners. b.No other outdoor fitness equipment provides a mobile app with the following four categories of functionality:   c.Mobile App Primary Features   1.Mark Lauren Training Series   a.Mark Lauren is a US Special Operations Trainer and  Bestselling Author. He has developed 18 proprietary  workout programs specifically for the Fitness Court®  system. They are only available on the Fitness Court®  App. Mark Lauren has no other programs for outdoor  fitness equipment available.   2.Fitness Court® App Live Challenge Feature   a.This is a proprietary feature that allows a user to score a  7 station circuit on the Fitness Court® using their mobile  device. This feature is not available for any other outdoor  fitness product of any kind.   3.Annual Data Analytics Reporting   a.Each site partner who builds a Fitness Court® receives an  annual data report tracking usage on their Fitness Court®.  b.To NFC’s knowledge, no other manufacturer of any type  of outdoor exercise component provides regular, annual  report of key usage metrics using digital, GPS based  systems.   i.The Report is provided by NFC, and includes  annual demographic data, user age ranges,  Fitness Court app downloads and other  important information.   ii.This information is generated by NFC’s  proprietary GPS based data analytics services for  each Fitness Court® in America.   c. See appendix for sample annual user data report.   d.See appendix for additional information regarding the Fitness Court® App.       3.National Grant Funding     a.National Fitness Campaign LP builds and maintains a National Grant Fund,  supported each year by sponsors and partners of the campaign. This funding  takes tremendous effort to build, and it is provided by National Fitness Campaign  and partners and sponsors to support the mission of making wellness  infrastructure free and accessible across America in partnership with leading  cities, schools and organizations.    b.For 2021, National Campaign sponsors include:  i.The Keith Haring Fitness Court® Signature Series Collection  ii.Engineered Installation Solutions   iii.Regupol America  iv.USA Shade and Fabric Structures   v.Badger Sport     c.To procure a Fitness Court®, an organization must complete a formal application  and be approved for funding and participation. Each partner organization that  succeeds in submitting a successful application is eligible to receive a Grant  Award which is deducted from the funds required for the NFC program from  sponsors of the National Fitness Campaign.      d.This funding is administered in the preferred method of receipt for each partner  organization. Methods include a credit on final invoices for remaining funding, and  direct grant disbursements provided by National Fitness Campaign.     e.This funding is available for a limited number of partners in each state on an  annual basis, and is awarded based on merit of application from a qualified site  partner, including the requirement for the Fitness Court to build in a publicly  accessible location.     f.For more information, see: ​https://nationalfitnesscampaign.com/grants     No other vendor, distributor or organization makes these materials available for procurement by  any city, school, or organization. They must be acquired from National Fitness Campaign LP. If you  have further questions regarding this sole source letter or require additional information, please  contact us per the information provided on this letterhead.       Sincerely,     Mitch Menaged,​ Founder and Director  National Fitness Campaign LP  National Grant Funding National Fitness Campaign is a quality of life consulting firm builds and maintains a National Grant Fund, supported each year by sponsors and partners of the campaign. This funding takes tremendous effort to build, and it is provided by National Fitness Campaign and its sponsors to support the mission of making wellness infrastructure free and accessible across America in partnership with leading cities, schools and organizations. Distributions from this Grant Fund are provided directly to cities, schools, and organizations who qualify for, and are approved to become, campaign partners. For the 2021 Campaign, National Campaign sponsors include: 1.The Keith Haring Fitness Court® Signature Series Collection in partnership with Artestar and the Keith Haring Foundation 2.Engineered Installation Solutions 3.Regupol America 4.USA Shade and Fabric Structures 5.Badger Sport Additional state and regional sponsors are now joining the campaign, as well as state recreation agencies and other partners. Sponsor funding and grant distribution varies per state and location, based on participating partners and the presence of campaign sponsors and partners within that region. Funding distributions can vary annually based on these factors,and the overall size of NFC’s National Grant Fund. Participating as a partner in the National Fitness Campaign To become a partner in the NFC program and bring a Fitness Court® and associated services to a location, an organization must engage in a qualification and feasibility process, and be approved to complete a formal application and be approved for funding and participation. NFC’s feasibility and qualification process is led by consultants that assist eligible cities and schools in determining if they are qualified for participation.Limited funding exists on an annual basis for partners to participate based on NFC grant maximums established for America and each of the fifty states. Each partner organization that succeeds in submitting a successful application and is approved by the NFC Grant Committee is eligible to receive a Grant Award which is deducted from the funds required for the NFC program from sponsors of the National Fitness Campaign. This funding is administered in the preferred method of receipt for each partner organization. Methods include a credit on final invoices for remaining funding,and direct grant disbursements provided by National Fitness Campaign. For more information, see:https://nationalfitnesscampaign.com/grants NFC : COMPREHENSIVE PROGRAM CAMPAIGN SUMMARY H E A L T H Y I N F R A S T R U C T U R E C A M P A I G N S E R V I C E S 21st Century Healthy Infrastructure National Fitness Campaign’s Fitness Court is the centerpiece to its holistic health and wellness initiative. The Fitness Court is an outdoor bodyweight circuit training center with functional fitness DNA. The best-in-class system provides a full-body workout to adults of all ability levels. With 7 functional fitness zones, the Fitness Court can be used in thousands of ways. The Fitness Court is the world’s best outdoor gym! Featured Stories Highlighted through Press and Local MediaNFC Fitness Court Ambassador Training ACE Certified (America Council of Exercise) Free digital App Delivering Programing, Workouts & ContentStrategic Planning & Feasibility Study, Site Design Consulting Sponsor Strategy, Best Practices,National Installation Team Support Spring/Summer/Fall national & local training, classes & challenges series Launch & Public RelationsAmbassador TrainingFitness Court AppStrategic Planning Studies Campaign Funding Support Annual Fitness Season ACTIVITY ANALYSIS | PHYSICAL Austin, TX Phase 1 Potential Sites Future PhaseExpanded Network Farmers MarketNutrition Network FITNESS COURT WALKABILITY NUTRITION 10 M I N W A L K 20 M I N W A L K Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS SEASON 2021 WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SPRING CHALLENGE SERIES The Fitness Season culminates with local, regional and national challenges for residents. FALL WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SUMMER 1 2 3 4 5 6 7 7 Minutes 7 Movements Integrated Sports Floor Each Fitness Court® includes an integrated sports floor made from durable 2’x2’ tiles which adhere directly to the concrete slab. Available in our standard NFC Blue or Gray to match any custom design. Top (Blue Option)Top (Grey Option) Made & Manufactured in the USA Designed by NFC in California. High QualityDual-layer powder-coating carbon steel Durable Materials Tamper-resistant, galvanized & stainless steel bolts and fittings. Best In ClassAnti-graffiti laminate vinyl decals Variable Footstrips Destabilized Push Rings Destabilized Pull Rings (2) Push Ladders (6) Box Jumps (8) Lunge Steps (4) Pull Ladders (2) Bend Stations Integrated Sports Floor Agility Station Support Wall 38’x3 8 ’ C o n c r e t e S l a b WORLD CLASS MATERIALS & SYSTEMFITNESS COURT 2021 PROGRAM SUMMARY: All items and services below are delivered to approved partners as part of the 2021 Campaign. CAMPAIGN SERVICESH E A L T HY INFRA S T R U C T U R E Fitness Court® Description:32’x35’ outdoor bodyweight circuit training system with the following components:• Seven station circuit training system providing full-body workout modules• Fitness Court body-weight training wall - 32’W x 2’D x 6’ H with custom graphics• Thirty pieces of body-weight fitness elements for simultaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations.• Bolts, attachments and anchors required for installation FITNESS COURT® HEALTHY INFRASTRUCTURE HEALTHY INFRASTRUCTURE DESIGN SERVICES GRANT FUNDING, CONSENSUS BUILDING, SPONSOR SUPPORT • Outdoor Sports Floor Size: 1,024 SF (32’x32’)• Color: NFC Blue• Thickness: 1” Tiles• ADA Border Included Fitness Court Surface - Tile Surface Specifications • All structural components are made from high-grade carbon steel• Structural components receive high-grade duel layer powder coating• All cladding (skins) made from high-grade aluminum and powder coated• Graphics and signage printed with anti-graffiti over-lamination material• Manufactured in the United States• Resilient to heavy, repeated daily use• Over 30 individual pieces of equipment• Powder-Coated Structural Components • Galvanized fittings and bolts - included• Stainless steel cables• Full installation guide provided• Warranty through NFC Fitness Court Specifications: Strategic Planning & Feasibility Study • City-wide impact analysis and master plan integration plan• Site Design and Visibility Analysis Custom Fitness Court Design Services & Construction & Installation Support • Customized Fitness Court powder-coating and decal design - no two Fitness Courts are the same!• stamped and certified design plans, concrete slab drawings, and contractor management are provided by the NFC Activation Team. With all ready-to-build plans included, most installations require less than 90 days to complete from ground-breaking to launch.• NFC National Installation Partner Access - EIS (contracted separately) NFC Grant Funding Qualification • Access to qualify for NFC’s Grant Funding through NFC’s national partners to support seeding the program. Consensus Building Consulting • NFC has industry experts in project management, and from conception through execution, they will collaborate on an average of 2 intensive monthly planning calls to drive success. Sponsor Strategy Consulting Support • Up to 10 custom renderings provided by NFC Design Team to support outreach to local sponsors and partners. Up to 5 custom slide presentations provided for in-person meetings and internal stakeholder consensus-building. • Made for all climates• Almost no moving parts (only cables)• Equipment is anchor bolted into concrete• Replacement parts available through NFC• No requirement for disassembly in winter• Maintenance guide, including touch-up paint & necessary tooling included See Official Warranty for Full Coverage Detail Warranty + Maintenance *Not Included The Fitness Court App Free mobile app for iOS / Android teaches proper use, routines and challenges to all users • Classes: schedule, run and track attendance using the Fitness Court App back-end scheduling tool, providing live class management through the OnSched platform. Training and basic setup provided by NFC within 30 days of launch event.• Learn: video guides deliver workouts, and teach the basics for beginners on the Fitness Court. New content released quarterly, and updated by NFC National Training Team.• Train: individual audio guides. New content released quarterly, updated by NFC National Training Team.• Challenge: competitive tracking allows users to participate in timed, scored challenges, with an option to submit their scores to a national Leaderboard. Acts as a regional and national event qualification tool. FITNESS COURT® APP Programming and Training Tools Fitness Court Ambassadors build and sustain a healthy culture around the Fitness Court ecosystem • Learn: education modules provided by the NFC Training Team are eligible for a range of industry certifications, are offered both in-person and remote, and provide a range of class templates, coaching tips and more to qualified Ambassadors. Partnership includes program vouchers for up to 12 individual Ambassadors per Fitness Court, individually eligible for up to 3 continuing education credits (CECs), approved through the American Council on Exercise (ACE).• Train: classes, clinics and challenges become the building blocks of a Fitness Season, led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption.• Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Fitness Court. Up to five local Ambassadors are eligible to attend an in-person regional training event of their choice in 2021. *Regional training schedule provided May 2021 CERTIFIED AMBASSADOR TRAINING Promotions and Marketing PackageMedia support and community engagement materials excite users and strengthen program adoption • Custom Grant Announcement Kit: promote the development of the program in your community with NFC support through traditional and social media channels - including a custom Press Release, site rendering, and outreach planning tools.• Launch Event Promotions Toolkit: announce the launch of the Fitness Court on traditional media channels with a separate customized press release, outreach support and uniquely branded assets for social media.• NFC Website Feature Story: NFC-hosted custom storytelling showcases the partnership and program development in your community.• Fitness Court Gear: minimum $750 credit towards the official NFC gear store - gear and giveaways (provided in part by national Campaign sponsor, Badger Sport®) nurture Ambassador relationships, honor stakeholders and excite event attendees, to amplify launch activities.• Opening Day Launch Support: NFC provides event management templates, guidance for launch event planning, and custom promotional materials (flyers, media assets). MEDIA, PRESS, & PROMOTIONS Annual Activation Series: 2021 Fitness SeasonBring the Latest Events & Programs to Your Fitness Court® this Year! • Spring 2021 : 18 new workout routines & video tutorials introduced to the Fitness Court App, featuring pro trainer, Mark Lauren.• Summer 2021: Classes and Clinics support ongoing programming for group exercise and app-based class• Fall 2021: Challenge series builds competition & strengthens community. Marks the success of year’s activation program for all users.• Healthy Infrastructure Awards: annual recognition program highlighting exceptional partners and leaders nationwide, winners receive custom awards, decals and press support to announce FITNESS SEASON 2021 C A MPAIGN S E R V I C E S NFC 2021 CAMPAIGN SPECIFICATIONSPROGRAM SUMMARY SAN FRANCISCO, USANATIONALFITNESSCAMPAIGN.COM INFO@NFCHQ.COM (415) 702-4919 NATIONAL FITNESS CAMPAIGN FC 01NOT FOR CONSTRUCTION FC 01NOT FOR CONSTRUCTION FITNESS COURT™ SCHEMATIC DESIGN SET FC 02NOT FOR CONSTRUCTION FC 02NOT FOR CONSTRUCTION 06.30.17 FC 02FC 03 06.30.17 NOT FOR CONSTRUCTION Rear Wall Elevation Front and Side Wall Elevation NFC FITNESS COURT SCHEMATIC ELEVATIONS NOTE: SPONSOR RECOGNITION, SIGN DESIGN NOT STANDARD - SHOWN FOR REFERENCE ONLY. ADDITIONAL DESIGN FEE MAY APPLY. Your Safety is of CORE importance. Use at your own risk. The Fitness Court is a public workout structure designed to help you live a long, healthy life. The best part is you don’t pay for SQUAT! Don’t PUSH yourself too hard. By using the Fitness Court, you assume responsibility for any resulting accidents, injuries, illnesses or conditions. Before you LUNGE into any new exercise program, consult a physician or qualified healthcare provider. Don’t PULL the children into this. You must be at least 14 years old and weigh less than 300 lbs to use the Fitness Court. Maintain AGILITY by wearing proper footwear and avoiding wet surfaces. Stop immediately if you feel dizzy or lightheaded. Be safe and have a good time. Please don’t BEND these rules. SAFETY WARNING Fitness Court PARKS DIRECTORMELISSA FREENY MAYORAJA BROWN Get the App Get a coach Share your moves Discover videos Take the challenge Join the Campaign Brought to you by National Fitness Campaign. fitnesscourt.com Get the AppBrought to you by National Fitness Campaign. fitnesscourt.com Get the App 7 Movements 7 Movements 7 Movements 7 BEND1 CORE 2 SQUAT 4 LUNGE 6 AGILITY5 PULL3 PUSH 4’ 7 / 1 6 ” 2’ 5” 3’ 1 3 7 / 1 0 0 ” 4’ 7 / 1 6 ” 3’ 1 3 7 / 1 0 0 ” 6’ 0 ” 4’ 1 1 / 1 0 0 ” 6’ 0 ” 2’ 5”32’ 1/2” 7’ 1 8 0 / 1 0 0 ” 3’ 1 3 7 / 1 0 0 ” 4’ 7 / 1 6 ” 32’ 1/2” 7’ 1 8 0 / 1 0 0 ” REAR ELEVATION - STANDARD DECAL FRONT AND SIDE ELEVATION - STANDARD DECALS NOTE: Sponsor Recognition shown for reference only. For Custom Decals, additional fee applies. 6’ 0 ” 7'-10 5/8"4'-11 1/4"6’-4 1/8”5'-11 1/8"6'-6 5/8" 31’-8” 0'-0 1/16" TYP. GAP Graphics Layout - In Context Scale: 100px = 12.00”Code: 02/22/2019 1 CORE 2 SQUAT 4 LUNGE 6 AGILITY5 PULL3 PUSH 7 BEND Join the CampaignGet the App Get a coachDiscover videosTake the challenge Fitness Court WARNING Use At Your Own RiskYou must be at least 14 years old to use the Fitness Court. Your safety is of CORE importance. The Fitness Court is a public workout structure designed to help you live a long, healthy life. The best part is you don’t pay for SQUAT! Don’t PUSH yourself too hard. By using the Fitness Court, you assume responsibility for any resulting accidents, injuries, illnesses or conditions.Before you LUNGE into any new exercise program, consult a physician or qualified healthcare provider. Don’t PULL the children into this. You must be at least 14 years old and weigh less than 300 lbs to use the Fitness Court. Maintain AGILITY by wearing proper footwear and avoiding wet surfaces. Stop immediately if you feel dizzy or lightheaded. Be safe and have a good time. Please don’t BEND these rules. SAFETY WARNING 7 Movements FITNESS COURT Created by National Fitness Campaign - San Francisco 1979 Created by National Fitness Campaign - San Francisco 1979 FITNESS COURT San Francisco, CA JM-10-07 Brought to you by National Fitness Campaign. fitnesscourt.com Get the App 7 Movements Brought to you by National Fitness Campaign. fitnesscourt.com Get the App 7 Movements Graphics Layout - In Context 3'–1 3/4"3'–1 3/4" 32’-0” 48.00” 35.93” 72.15”72.15” 3'-3 1/2" 2'–8.65" 0'-2 13/16"0'-3 3/16"0'-3"0'-3 1/8"0'-2 15/16"0'-3 3/16" 0'-3" 0'-3 1/8" 0'-2 15/16"0'-3 3/16"0'-3"0'-3 1/8"0'-3" 29”29”29”29” 48.00”48.00” NOT FOR CONSTRUCTION FC 03NOT FOR CONSTRUCTION FC 04 06.30.17 NFC FITNESS COURT LAYOUT PLYO BOX 1 PLYO BOX 3 (TALLEST) PLYO BOX 5 PUSH STATION QTY 2 BEND STATION TALL BEND STATION SHORT LUNGE STATION 2 QTY 8 LUNGE STATION 1 QTY 2 PULL STATION LEFT QTY 2 PULL STATION RIGHT QTY 2 WALL WITH ATTACHED WALL BRACKETS AND PULL CHAINS DOTS PATTERN QTY 2 (FLOOR MARKING) LADDER PATTERN (FLOOR MARKING) STATION NAME TEXT QTY 7 STATION NAMES (FLOOR MARKING) EQUIPMENT AND FLOOR MARKING LAYOUT PLYO BOX 2 PLYO BOX 4 PLYO BOX 6 (SHORTEST) NOTES: 1.DIMENSIONS SHOW CLEAR DISTANCE BETWEEN EQUIPMENT FOR ADA COMPLIANCE. 2.WALL BRACKETS ARE MOUNTED 54" ABOVE THE FLOOR. THIS DOCUMENT IS PROPERTY OF NFC (THE NATIONAL FITNESS CAMPAIGN). THIS DOCUMENT CONTAINS CONFIDENTIAL AND PROPRIETARY INFORMATION AND MAY ONLY BE USED BY PERMISSION FROM NFC AND FOR THE PURPOSES AUTHORIZED BY NFC. DISCLOSURE, DUPLICATION, MODIFICATION, OR OTHER USE OF THIS DOCUMENT IS NOT PERMITTED WITHOUT THE PRIOR WRITTEN PERMISSION OF NFC.