HomeMy WebLinkAboutCity Council Meeting Agenda 12-13-21AGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO December 13, 2021
7:00 p.m.
This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
City Council Meeting Minutes October 25, 2021 (revised)
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1.Wheat Ridge 101 Graduation
2.Longs Peak Metropolitan District Reimbursement to the City and Clear Creek
Crossing Development Update
3.2021 Patrol Officer Recruits Introduction
PUBLICS’ RIGHT TO SPEAK
CITY COUNCIL AGENDA: December 13, 2021 Page -2-
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 theMayor.
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 theday 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 approve monthly payments to Kaiser Permanente for January throughDecember 2022 membership billing not to exceed a total of $2,800,000
b.Motion to adopt the 2022 City Council meeting calendar
c.Motion to cancel the December 20, 2021 study session of the Wheat Ridge CityCouncil
d.Resolution No. 57-2021 - a resolution approving an intergovernmental agreementwith Jefferson County Public Health for hosting youth community events
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2.Council Bill No. 21-2021 - an ordinance approving the rezoning of property locatedat approximately 4051 Clear Creek Drive from Planned Commercial Development(PCD) to Planned Mixed Use Development (PMUD) (Case No. WZ-21-04)
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 correctthe property boundary
4.Council Bill No. 23-2021 - an ordinance approving the transfer of 4100 Gray Streetthrough 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
ORDINANCES ON FIRST READING
5.Council Bill No. 24-2021 - an ordinance approving the rezoning of property located
at 12100 W. 44th Avenue from Commercial-One (C-1) to Mixed-Use-Commercial(MU-C) (Case No. WZ-21-10)
DECISIONS, RESOLUTIONS, AND MOTIONS
6.Resolution No. 58-2021 - a resolution approving the Amended and RestatedIntergovernmental Agreement concerning animal sheltering, dog licensing and
funding of the Foothills Animal Shelter
7.Resolution No. 59-2021 - a resolution approving an agreement with the Mile HighFlood District and the City of Lakewood regarding funding of major drainageway
CITY COUNCIL AGENDA: December 13, 2021 Page -3-
planning and flood hazard area delineation for Lena Gulch and Tributary H
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
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: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE MONTHLY PAYMENTS TO
KAISER PERMANENTE FOR JANUARY THROUGH
DECEMBER 2022 MEMBERSHIP BILLING NOT TO EXCEED A TOTAL OF $2,800,000
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager
ISSUE: The City offers employees two medical plans through Kaiser Permanente; a High Deductible
plan and Deductible HMO Plan. Both plans are also offered as COBRA protection for former
employees who choose to enroll. January through December billing, inclusive of the City’s and employee’s portion, is estimated at $2,800,000. Staff requests approval of the estimated annual 2022 expenditure so that monthly invoices can be paid in a timely manner.
PRIOR ACTION: Prior to 2019, staff requested City Council approval to pay each invoice on a monthly basis per procurement regulations. This resulted in late payments to the vendor.
FINANCIAL IMPACT:
Based on the 253.750 authorized FTE in 2022 plus COBRA memberships, costs for medical insurance premiums are estimated to be $2,800,000. The City’s expense (total billing minus the employee’s contribution and COBRA memberships) is estimated and budgeted in the amount of $2,263,201. The City’s contract with Kaiser stipulates penalties and potential cancelation for late
payment.
Council Action Form – Kaiser Permanente 2022 Membership Billing December 13, 2021
Page 2
BACKGROUND: Kaiser Permanente has been the City of Wheat Ridge’s medical plan provider for several years. The City offers two deductible plans and a robust wellness program. Prior to 2019, bills were
presented to City Council for approval on a monthly basis. Due to the regular meeting schedule,
there were several occasions where Kaiser Permanente’s payment terms were violated, resulting in late fees for the City. In the years 2019-2021, City Council authorized the payment of all expenses for the following year. This has resulted in the timely payments of monthly membership invoices in all instances since.
RECOMMENDATIONS:
Staff recommends that Council approve and allow administrative payment of the monthly 2022 Kaiser bills, not to exceed a total of $2,800,000 inclusive of City, employee and COBRA expenses.
RECOMMENDED MOTION:
“I move to approve monthly payments to Kaiser Permanente for January through December 2022 membership billing not to exceed a total amount of $2,800,000.”
Or
“I move to deny monthly payments to Kaiser Permanente for January through December 2022 membership billing not to exceed a total amount of $2,800,000 for the following reason(s) ________________________________________.”
REPORT PREPARED/REVIEWED BY:
Allison Scheck, Administrative Services Director Patrick Goff, City Manager
ITEM NO: 1b
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ADOPT THE 2022 CITY COUNCIL MEETING
CALENDAR
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Steve Kirkpatrick, City Clerk Patrick Goff, City Manager
ISSUE: The calendar of City Council meetings is adopted by a motion of the City Council annually.
Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary.
The following City Council meetings that conflict with observed City holidays or other known
events during the year are recommended for cancellation. President Biden signed a bill in June 2021 recognizing Juneteenth (June 19th) as a federal holiday. Numerous Denver metro area cities have chosen to recognize Juneteenth as an official holiday starting in 2022 including Golden and Lakewood. Staff recommends that City Council add Juneteenth as an official holiday starting in 2022.
•Study Session, January 17, 2022, Martin Luther King Jr. Day
•Study Session, February 21, 2022, Presidents’ Day
•Study Session, June 20, 2022, Juneteenth
•Study Session, July 4, 2022, Independence Day
•Study Session, September 5, 2022, Labor Day
•Regular City Council Meeting, December 26, 2022, Christmas Day
PRIOR ACTION: None
Council Action Form – 2022 City Council Meeting Calendar December 13, 2021
Page 2
FINANCIAL IMPACT: None
BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of council.” Section IV of the City Council Rules of Order and Procedure states that, “Regular Meetings are held the second (2nd) and fourth
(4th) Monday of each month at 7:00 p.m. unless otherwise provided by amendment of these
Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem. RECOMMENDATIONS:
None RECOMMENDED MOTION: “I move to adopt the 2022 City Council Meeting Calendar as presented.”
Or,
“I move to adopt the 2022 City Council Meeting Calendar with the following amendment(s) ____________________________________________.”
Or,
“I move to not adopt the 2022 City Council Meeting Calendar for the following reason(s) ___________________________________.”
REPORT PREPARED/REVIEWED BY:
Stephanie Pomponio, Administrative Assistant to Mayor and Council Patrick Goff, City Manager ATTACHMENTS:
1. Proposed 2022 City Council Meeting Calendar
2022 City Council Mee�ngs
Study Session Mee�ng – Held 1st & 3rd Monday of the month at 6:30 pm Regular City Council Mee�ng – Held 2nd & 4th Monday of the month at 7:00 pm No Council Mee�ng – 5th Monday of the month Holiday observed by the City
JANUARY FEBRUARY MARCH
S M T W T F S
31 01
2 03 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
S M T W T F S
1 2 3 4 5
6 07 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
S M T W T F S
1 2 3 4 5
6 07 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
APRIL MAY JUNE
S M T W T F S
1 2
3 04 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
S M T W T F S
1 02 3 4 5 6 7
8 09 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
S M T W T F S
1 2 3 4
5 06 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
JULY AUGUST SEPTEMBER
S M T W T F S
1 2
3 04 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
S M T W T F S
01 2 3 4 5 6
7 08 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
S M T W T F S
1 2 3
4 05 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
OCTOBER NOVEMBER DECEMBER
S M T W T F S
1
2 03 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
S M T W T F S
1 2 3 4 5
6 07 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
S M T W T F S
1 2 3
4 05 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 31
December 31, 2021 – New Year’s Day July 4th – Independence Day
January 17th – Mar�n Luther King Jr. Day September 5th – Labor Day
February 21st – President’s Day November 11th – Veteran’s Day
May 30th – Memorial Day November 24th and 25th – Thanksgiving Day June 20th - Juneteenth December 26th – Christmas Day Observed
ATTACHMENT 1
ITEM NO: 1c
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO CANCEL THE DECEMBER 20, 2021 STUDY SESSION OF THE WHEAT RIDGE CITY COUNCIL
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ City Manager
ISSUE: The Study Session of December 20, 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 Study Session scheduled for December 20, 2021.
RECOMMENDED MOTION: “I move to cancel the December 20, 2021 Study Session.”
Or,
“I move to not cancel the December 20, 2021 Study Session for the following reason(s)__________________________________________.”
REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager
ITEM NO: 1d
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 57-2021 – A RESOLUTION APPROVING
AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY PUBLIC HEALTH FOR HOSTING YOUTH COMMUNITY EVENTS
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________ _____________________________ Director of Parks & Recreation City Manager
ISSUE: Staff members within the Parks & Recreation Department are currently serving as part of the
Jefferson County Communities That Care Coalition. Through this coalition, funding
opportunities were presented, which require an intergovernmental agreement (IGA). To maximize available resources for teen programming in the City of Wheat Ridge, staff is requesting the approval of this resolution.
The IGA specifically outlines the relationship between The City of Wheat Ridge and Jefferson
County Public Health (JCPH) in offering at least three, but no more than six free teen events in
venues provided by the City of Wheat Ridge throughout the year. The tasks outlined include, but are not limited to promotion, hosting of activities, compensation, equipment, food, etc. Additionally, the IGA details the recruitment and compensation of three youth interns who will be tasked with promoting the events and hosting activities at each event. Specifically, JCPH will
compensate the City $1,000 for each event hosted in compliance with this agreement.
PRIOR ACTION: On October 21, 2021, City Council presented a Proclamation taking community action with teens in partnership with the Jeffco Communities That Care Coalition.
Council Action Form – IGA with JCPH December 13, 2021
Page 2
FINANCIAL IMPACT: If not approved, the Parks & Recreation Department will either be required to find funding
within the existing budget to cover the costs associated with community teen nights or cancel
these events. Additionally, without the funded intern positions, staff will be responsible for planning, organizing, and promoting these events.
BACKGROUND: Jefferson County Communities That Care (CTC) is a coalition of approximately 100
stakeholders, community members, key leaders and youth. CTC uses a structured, evidence-
based community change process focused on preventing substance misuse, interpersonal violence and hopelessness among youth in our community by reducing risk factors while improving protective factors.
RECOMMENDATIONS:
Parks & Recreation Department staff recommend the approval of this intergovernmental agreement to maximize available resources in our effort to serve teens in the Wheat Ridge community.
RECOMMENDED MOTION:
“I move to approve Resolution No. 57-2021, a resolution approving an intergovernmental agreement with Jefferson County Public Health for hosting youth community events.”
Or,
“I move to postpone indefinitely Resolution No. 57-2021, a resolution approving an intergovernmental agreement with Jefferson County Public Health for hosting youth community events for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY:
Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 57-2021
2. Exhibit A – Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 57 Series of 2021
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY PUBLIC HEALTH FOR HOSTING YOUTH COMMUNITY EVENTS
WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-
201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake, and
WHEREAS, the Intergovernmental Agreement for Hosting Youth Community
Events calls for the City of Wheat Ridge to work with the youth interns to plan, organize, and promote at least three (3) but no more than six (6) community teen nights, and
WHEREAS, Jefferson County Public Health will pay Wheat Ridge One-Thousand Dollars ($1,000.00) for each event hosted in compliance with the terms of the
agreement, and
WHEREAS, the City of Wheat Ridge wishes to enter into an intergovernmental agreement with Jefferson County Public Health to accomplish these goals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado:
Section 1. The Intergovernmental Agreement between the City and Jefferson County Public Health, attached hereto as Exhibit A, is hereby approved.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 13th day of December 2021.
______________________________ Bud Starker, Mayor ATTEST:
Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
EXHIBIT A INTERGOVERNMENTAL AGREEMENT
[ATTACHED]
TM 21-1849
9.27.2021 Page 1 of 7
INTERGOVERNMENTAL AGREEMENT
FOR HOSTING YOUTH COMMUNITY EVENTS
THIS INTERGOVERNMENTAL AGREEMENT FOR HOSTING YOUTH COMMUNITY
EVENTS (this “Agreement”) dated for reference purposes only this 27th day of September, 2021, is
made and entered into by and between JEFFERSON COUNTY PUBLIC HEALTH, a body politic and
corporate (“JCPH”), and CITY OF WHEATRIDGE, a body politic and corporate (“Wheat Ridge”).
RECITALS
A.Jefferson County Communities That Care (“CTC”) is a coalition of stakeholders across Jefferson
County, Colorado, that provides opportunities for the community to engage in activities with a focus
towards preventing substance misuse, sexual/relationship violence, and hopelessness and anxiety
among youth in Jefferson County.
B.CTC is housed within JCPH, and therefore its projects are administered by JCPH.
C.The parties desire to work with CTC youth interns to host a series of youth community events to
promote safe and constructive youth socialization that are designed to improve mental health, reduce
substance misuse, and promote healthy activities (the “Events”).
D.Wheat Ridge desires to make its recreation centers available for the Events.
E.Pursuant to Article XIV, § 18(2)(a), Colorado Constitution, and § 29-1-203, C.R.S., JCPH and Wheat
Ridge have the authority to enter into intergovernmental agreements.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein,
the parties agree as follows:
1.AUTHORIZED REPRESENTATIVES. Each party’s representative designated below shall have
the authority to bind said party to that party’s obligations as provided for herein.JCPH designates
Pamela Gould as its authorized representative under this Agreement. Wheat Ridge designates Stephen
Clyde as its authorized representative under this Agreement.
2.OBLIGATIONS OF JCPH.
a)Provide at least one (1) table with an activity at each Event and at least one (1) staff member or
volunteer to operate the activity.
b)Promote the Events on the CTC website and social media platforms.
c)Recruit and compensate a team of three (3) youth interns through the CTC program who will be
tasked with promoting the Events and hosting one (1) or more activities at each Event (the
“Interns”)
3.OBLIGATIONS OF WHEAT RIDGE.
a)Work with the City of Wheat Ridge city council and the Interns to consider issuing a
proclamation that Wheat Ridge is a “Community Taking Action with Teens” in collaboration
with the CTC coalition.
b)Work with the Interns to plan, organize, and promote at least three (3) but no more than six (6)
community teen nights. The Events shall occur once per month on a Saturday night, beginning
at or before 7:30 p.m. and ending no earlier than 11:30 p.m. or thirty (30) minutes before any
ATTACHMENT 2
TM 21-1849
9.27.2021 Page 2 of 7
curfew that is in place on the day of the Event, whichever is earlier. The Events must offer free
admission to at least seventy-five (75) teens.
c)Wheat Ridge shall provide the venue for all Events.
d)Notify JCPH of each Event that is scheduled no less than three (3) weeks prior to the Event.
e)Provide food and beverages at no cost to the attendees throughout the duration of the Event.
Wheat Ridge shall not serve or permit alcoholic beverages or illegal substances at any Event.
f)Provide at least four (4) activities or forms of entertainment for the attendees throughout the
duration of the event, including, but not limited to, music, movies, swimming, dodgeball, ping
pong, card tables, videogames, and craft projects.
g)Provide all necessary staffing, equipment, signage, and materials for the Events, including, but
not limited to:
i.All registration, sign in, and required parent/guardian/caregiver permissions or waivers,
as required by Wheat Ridge or CTC;
ii.Staff engaged to supervise the attendees who have personal or professional experience
interacting with teenagers;
iii.All necessary safety and security equipment and staffing;
iv.Physical space (the venue) where each Event will be hosted;
v.Audio and visual equipment and sound systems for music, movies, videogames, or other
entertainment requiring AV systems;
vi.Promotional and informational signage, flyers, posters, and banners regarding the
Events;
vii.Sports equipment, as needed;
viii.Tables, chairs, and other set-up materials; and
ix.Parking.
4.INFORMATIONAL OBLIGATIONS. Each party hereto will meet its obligations as set forth in
C.R.S. §29-1-205, as amended, to include information about this Agreement in a filing with the
Division of Local Government; however, failure to do so shall in no way affect the validity of this
Agreement or the remedies available to the Parties hereunder.
5.FINANCIAL MATTERS.
a)Contract Price. JCPH will pay Wheat Ridge One-Thousand Dollars and Zero Cents ($1,000.00)
for each Event hosted in compliance with the terms of this Agreement. JCPH shall not have any
obligation to compensate Wheat Ridge for hosting more than a total of six (6) events during the
term of this Agreement.
b)Invoicing.Wheat Ridge may submit invoices to JCPH no more frequently than on a monthly
basis that itemize the services performed since the last invoice in accordance with the terms of
this Agreement.Wheat Ridge shall prepare the invoices at its sole cost and shall include
sufficient detail as determined by JCPH to enable JCPH to verify the appropriateness of the
invoice. JCPH shall pay each invoice within thirty (30) calendar days of the JCPH
TM 21-1849
9.27.2021 Page 3 of 7
Representative’s approval of the invoice and the services described therein.Invoices may be
submitted via mail to 645 Parfet Street, Lakewood, CO 80215 or electronically to
PublicHealthAccountsPayable@co.jefferson.co.us
c)Each Party Responsible for Its Own Costs. Except for the compensation due to Wheat Ridge
described above, each party shall be responsible for its own costs incurred in the performance
of this Agreement.
d)Incorrect Payments.Incorrect payments to Wheat Ridge due to omission, error, fraud, or
defalcation may be recovered from Wheat Ridge by deduction from subsequent payments due
to Wheat Ridge under this Agreement.
e)Appropriation. The continuation of this Agreement beyond the initial fiscal year is contingent
upon funds for that purpose being appropriated, budgeted, or otherwise made available by the
governing body of each party. Any party shall have the right to withdraw its participation from
this Agreement with thirty (30)days written notice to the other parties in the event that its
governing body does not appropriate, budget, or otherwise make funds available for the
purpose of fulfilling its obligations under the Agreement for any subsequent fiscal year.
6.CONFIDENTIALITY. The parties, for themselves, their agents, employees and representatives,
agree that they will not divulge any confidential or proprietary information they receive from the
other party or otherwise have access to, except as may be required by law.
7.LIABILITY AND IMMUNITY.
a)Each party will be responsible for its own negligent or intentional acts or omissions and for
those of its employees, officers, agents and volunteers.
b)Wheat Ridge assumes all liability for the condition of the premises on which the Events take
place.
c)The parties agree that in the event any claim or suit is brought against either or both parties by
any third party as a result of the operation of this Agreement, both parties will cooperate with
each other, and with the insuring entities of both parties, in defending such claim or suit.
d)The parties hereto intend that nothing herein shall be deemed or construed as a waiver by either
party of any rights, immunities, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.) as now or hereafter amended or
otherwise available at law or equity.
8.TERM AND TERMINATION.
a)The term of this Agreement shall commence on the date the Agreement is executed by all
parties and continue through and including June 30, 2022,unless earlier terminated as
described herein. JCPH may, at its sole option, renew this Agreement for additional one (1)
year terms, beginning on July 1 for each subsequent year, by giving notice of such renewal to
Wheat Ridge prior to the end of the then-current term.
b)Any party may terminate this Agreement with or without cause upon thirty (30)days’ prior
written notice to the other parties.
TM 21-1849
9.27.2021 Page 4 of 7
9.AMENDMENT. This Agreement contains the entire agreement of the parties relating to the subject
matter hereof and, except as provided, this Agreement may not be modified or amended except by
written agreement of the parties.
10.NOTICES.
a)“Key Notices” under this Contract are notices regarding any Contract default, contractual
dispute, or termination of the Contract. Key Notices shall be given in writing and shall be
deemed received if given by: (i) electronic mail (as set forth in subsection (b) below) when
transmitted, if transmitted on a business day and during normal business hours of the recipient,
and otherwise on the next business day following transmission; (ii) certified mail, return receipt
requested, postage prepaid, three (3) business days after being deposited in the United States
mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the
parties will follow up any electronic mail with a hard copy of the communication by the means
described in subsection (a)(ii) or (a)(iii) above. The requirement for following up a Key Notice
made by electronic mail with a hard copy shall be deemed waived by the receiving party upon
acknowledgement, via electronic mail, within three (3) business days of transmission of the
Key Notice, that the Key Notice has been received. All other communications or notices
between the parties that are not Key Notices may be done via electronic mail. Notice shall be
given to the parties at the following addresses:
JEFFERSON COUNTY PUBLIC
HEALTH:
Jefferson County Public Health
Attn: Cindy Hedgecock
645 Parfet Street
Lakewood, CO 80215
Tele: 303-271-5712
Email: phcontracts@jeffco.us
CITY OF WHEAT RIDGE
City of Wheat Ridge City Hall
Attn: Beth June
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Tele: 303-234-5900
Email: bjune@ci.wheatridge.co.us
With a copy to:
Jefferson County Attorney
100 Jefferson County Pkwy
Golden, CO 80419-5500
Tele: 303-271-8900
Email: CAOContracts@jeffco.us
All Key Notices shall include a reference to the Agreement including the parties’ names and the
date of the Contract.
10.2 Electronic Mail. The parties agree that: (i) any notice or communication transmitted by
electronic mail shall be treated in all manner and respects as an original written document; (ii)
any such notice or communication shall be considered to have the same binding and legal effect
as an original document; and (iii) at the request of either party, any such notice or
communication shall be re-delivered or re-executed, as appropriate, by the party in its original
form. The parties further agree that they shall not raise the transmission of a notice or
communication, except for Key Notices, by electronic mail as a defense in any proceeding or
TM 21-1849
9.27.2021 Page 5 of 7
action in which the validity of such notice or communication is at issue and hereby forever
waive such defense. For purposes of this Contract, the term “electronic mail” means email.
11.MISCELLANEOUS.
a)Independent Entities. The parties enter into this Agreement as separate, independent
governmental entities and shall maintain such status throughout.
b)Assignment. This Agreement shall not be assigned by any party without the prior written
consent of all parties.
c)Integration and Amendment. This Agreement represents the entire agreement between the
parties and terminates any oral or collateral agreement or understandings. This Agreement may
be amended only by a writing signed by the parties. If any provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding, and all of the
remaining provision of this Agreement shall continue in full force and effect.
d)Officials Not to Benefit. No elected or employed member of any party shall be paid or receive,
directly or indirectly, any share or part of this Agreement or any benefit that may arise
therefrom.
e)Conflict of Interest. No party shall knowingly perform any act that would conflict in any
manner with said party’s obligations hereunder. Each party certifies that it is not engaged in any
current project or business transaction, directly or indirectly, nor has it any interest, direct or
indirect, with any person or business that might result in a conflict of interest in the
performance of its obligations hereunder.
f)Governing Law.This Agreement shall be governed by the laws of the State of Colorado.
g)Venue. Venue for all disputes arising under this agreement shall be in the District Court of and
for the County of Jefferson, State of Colorado.
h)Binding Effect.This Agreement shall inure to the benefit of, and be binding upon, the parties,
their respective legal representative, successors, heirs, and assigns, provided that nothing in this
paragraph shall be construed to permit the assignment of this Agreement except as otherwise
expressly authorized herein.
i)Survival. Notwithstanding anything to the contrary, the parties understand and agree that all
terms and conditions of this Agreement that require continued performance or compliance
beyond the termination or expiration of this Agreement shall survive such termination or
expiration and shall be enforceable against a party if such party fails to perform or comply with
such term or condition.
j)Waiver. This Agreement or any of its provisions may not be waived except in writing by a
party’s authorized representative. The failure of a party to enforce any right arising under this
Agreement on one or more occasions will not operate as a waiver of that or any other right on
that or any other occasion.
k)No Third-Party Beneficiaries.It is expressly understood and agreed that enforcement of the
terms and conditions of this Agreement and all right of action relating to such enforcement
shall be strictly reserved to the parties and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other third party. It is the express intention of
TM 21-1849
9.27.2021 Page 6 of 7
parties that any person other than parties receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only.
l)Records Retention. The Parties shall maintain all records, including working papers, notes and
financial records. Copies of such records shall be furnished to the other party upon request.
m)Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute
one and the same instrument.The parties approve the use of electronic signatures for execution
of this Agreement. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.
§§24-71.3-101 to -121.
n)Proper Execution. Each party represents that all procedures necessary to authorize such party’s
execution of this Agreement have been performed and that the person signing for such party
has been authorized to do so.
[The remainder of this page intentionally left blank.]
TM 21-1849
9.27.2021 Page 7 of 7
IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement for Hosting
Youth Community Events.
JEFFERSON COUNTY PUBLIC HEALTH
By: ______________________________
Dr. R. Dawn Comstock
Executive Director
APPROVED AS TO FORM:
__________________________
Kelsey M. Hall
Assistant County Attorney
CITY OF WHEAT RIDGE
By: ______________________________
Bud Starker, Mayor
APPROVED AS TO FORM:
________________________
INTERGOVERNMENTAL AGREEMENT
FOR HOSTING YOUTH COMMUNITY EVENTS
THIS INTERGOVERNMENTAL AGREEMENT FOR HOSTING YOUTH COMMUNITY
EVENTS (this “Agreement”) dated for reference purposes only this 27th day of September, 2021, is
made and entered into by and between JEFFERSON COUNTY PUBLIC HEALTH, a body politic and
corporate (“JCPH”), and CITY OF WHEATRIDGE, a body politic and corporate (“Wheat Ridge”).
RECITALS
A. Jefferson County Communities That Care (“CTC”) is a coalition of stakeholders across Jefferson
County, Colorado, that provides opportunities for the community to engage in activities with a focus
towards preventing substance misuse, sexual/relationship violence, and hopelessness and anxiety
among youth in Jefferson County.
B. CTC is housed within JCPH, and therefore its projects are administered by JCPH.
C. The parties desire to work with CTC youth interns to host a series of youth community events to
promote safe and constructive youth socialization that are designed to improve mental health, reduce
substance misuse, and promote healthy activities (the “Events”).
D. Wheat Ridge desires to make its recreation centers available for the Events.
E. Pursuant to Article XIV, § 18(2)(a), Colorado Constitution, and § 29-1-203, C.R.S., JCPH and Wheat
Ridge have the authority to enter into intergovernmental agreements.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein,
the parties agree as follows:
1. AUTHORIZED REPRESENTATIVES. Each party’s representative designated below shall have
the authority to bind said party to that party’s obligations as provided for herein. JCPH designates
Pamela Gould as its authorized representative under this Agreement. Wheat Ridge designates Stephen
Clyde as its authorized representative under this Agreement.
2. OBLIGATIONS OF JCPH.
a) Provide at least one (1) table with an activity at each Event and at least one (1) staff member or
volunteer to operate the activity.
b) Promote the Events on the CTC website and social media platforms.
c) Recruit and compensate a team of three (3) youth interns through the CTC program who will be
tasked with promoting the Events and hosting one (1) or more activities at each Event (the
“Interns”)
3. OBLIGATIONS OF WHEAT RIDGE.
a) Work with the City of Wheat Ridge city council and the Interns to consider issuing a
proclamation that Wheat Ridge is a “Community Taking Action with Teens” in collaboration
with the CTC coalition.
b) Work with the Interns to plan, organize, and promote at least three (3) but no more than six (6)
community teen nights. The Events shall occur once per month on a Saturday night, beginning
at or before 7:30 p.m. and ending no earlier than 11:30 p.m. or thirty (30) minutes before any
TM 21-1849 9.27.2021 Page 1 of 7 ATTACHMENT 2
TM 21-1849 9.27.2021 Page 2 of 7
curfew that is in place on the day of the Event, whichever is earlier. The Events must offer free
admission to at least seventy-five (75) teens.
c) Wheat Ridge shall provide the venue for all Events.
d)Notify JCPH of each Event that is scheduled no less than three (3) weeks prior to the Event.
e)Provide food and beverages at no cost to the attendees throughout the duration of the Event.
Wheat Ridge shall not serve or permit alcoholic beverages or illegal substances at any Event.
f)Provide at least four (4) activities or forms of entertainment for the attendees throughout the
duration of the event, including, but not limited to, music, movies, swimming, dodgeball, ping
pong, card tables, videogames, and craft projects.
g)Provide all necessary staffing, equipment, signage, and materials for the Events, including, but
not limited to:
i.All registration, sign in, and required parent/guardian/caregiver permissions or waivers,
as required by Wheat Ridge or CTC;
ii.Staff engaged to supervise the attendees who have personal or professional experience
interacting with teenagers;
iii.All necessary safety and security equipment and staffing;
iv.Physical space (the venue) where each Event will be hosted;
v. Audio and visual equipment and sound systems for music, movies, videogames, or other
entertainment requiring AV systems;
vi. Promotional and informational signage, flyers, posters, and banners regarding the
Events;
vii.Sports equipment, as needed;
viii.Tables, chairs, and other set-up materials; and
ix. Parking.
4.INFORMATIONAL OBLIGATIONS. Each party hereto will meet its obligations as set forth in
C.R.S. §29-1-205, as amended, to include information about this Agreement in a filing with the
Division of Local Government; however, failure to do so shall in no way affect the validity of this
Agreement or the remedies available to the Parties hereunder.
5.FINANCIAL MATTERS.
a)Contract Price. JCPH will pay Wheat Ridge One-Thousand Dollars and Zero Cents ($1,000.00)
for each Event hosted in compliance with the terms of this Agreement. JCPH shall not have any
obligation to compensate Wheat Ridge for hosting more than a total of six (6) events during the
term of this Agreement.
b) Invoicing. Wheat Ridge may submit invoices to JCPH no more frequently than on a monthly
basis that itemize the services performed since the last invoice in accordance with the terms of
this Agreement. Wheat Ridge shall prepare the invoices at its sole cost and shall include
sufficient detail as determined by JCPH to enable JCPH to verify the appropriateness of the
invoice. JCPH shall pay each invoice within thirty (30) calendar days of the JCPH
TM 21-1849 9.27.2021 Page 3 of 7
Representative’s approval of the invoice and the services described therein. Invoices may be
submitted via mail to 645 Parfet Street, Lakewood, CO 80215 or electronically to
PublicHealthAccountsPayable@co.jefferson.co.us
c) Each Party Responsible for Its Own Costs. Except for the compensation due to Wheat Ridge
described above, each party shall be responsible for its own costs incurred in the performance
of this Agreement.
d) Incorrect Payments. Incorrect payments to Wheat Ridge due to omission, error, fraud, or
defalcation may be recovered from Wheat Ridge by deduction from subsequent payments due
to Wheat Ridge under this Agreement.
e) Appropriation. The continuation of this Agreement beyond the initial fiscal year is contingent
upon funds for that purpose being appropriated, budgeted, or otherwise made available by the
governing body of each party. Any party shall have the right to withdraw its participation from
this Agreement with thirty (30) days written notice to the other parties in the event that its
governing body does not appropriate, budget, or otherwise make funds available for the
purpose of fulfilling its obligations under the Agreement for any subsequent fiscal year.
6. CONFIDENTIALITY. The parties, for themselves, their agents, employees and representatives,
agree that they will not divulge any confidential or proprietary information they receive from the
other party or otherwise have access to, except as may be required by law.
7. LIABILITY AND IMMUNITY.
a) Each party will be responsible for its own negligent or intentional acts or omissions and for
those of its employees, officers, agents and volunteers.
b) Wheat Ridge assumes all liability for the condition of the premises on which the Events take
place.
c) The parties agree that in the event any claim or suit is brought against either or both parties by
any third party as a result of the operation of this Agreement, both parties will cooperate with
each other, and with the insuring entities of both parties, in defending such claim or suit.
d) The parties hereto intend that nothing herein shall be deemed or construed as a waiver by either
party of any rights, immunities, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.) as now or hereafter amended or
otherwise available at law or equity.
8. TERM AND TERMINATION.
a) The term of this Agreement shall commence on the date the Agreement is executed by all
parties and continue through and including June 30, 2022, unless earlier terminated as
described herein. JCPH may, at its sole option, renew this Agreement for additional one (1)
year terms, beginning on July 1 for each subsequent year, by giving notice of such renewal to
Wheat Ridge prior to the end of the then-current term.
b) Any party may terminate this Agreement with or without cause upon thirty (30) days’ prior
written notice to the other parties.
TM 21-1849 9.27.2021 Page 4 of 7
9. AMENDMENT. This Agreement contains the entire agreement of the parties relating to the subject
matter hereof and, except as provided, this Agreement may not be modified or amended except by
written agreement of the parties.
10. NOTICES.
a) “Key Notices” under this Contract are notices regarding any Contract default, contractual
dispute, or termination of the Contract. Key Notices shall be given in writing and shall be
deemed received if given by: (i) electronic mail (as set forth in subsection (b) below) when
transmitted, if transmitted on a business day and during normal business hours of the recipient,
and otherwise on the next business day following transmission; (ii) certified mail, return receipt
requested, postage prepaid, three (3) business days after being deposited in the United States
mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the
parties will follow up any electronic mail with a hard copy of the communication by the means
described in subsection (a)(ii) or (a)(iii) above. The requirement for following up a Key Notice
made by electronic mail with a hard copy shall be deemed waived by the receiving party upon
acknowledgement, via electronic mail, within three (3) business days of transmission of the
Key Notice, that the Key Notice has been received. All other communications or notices
between the parties that are not Key Notices may be done via electronic mail. Notice shall be
given to the parties at the following addresses:
JEFFERSON COUNTY PUBLIC HEALTH: Jefferson County Public Health Attn: Cindy Hedgecock 645 Parfet Street Lakewood, CO 80215 Tele: 303-271-5712
Email: phcontracts@jeffco.us
CITY OF WHEAT RIDGE
City of Wheat Ridge City Hall
Attn: Beth June
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Tele: 303-234-5900
Email: bjune@ci.wheatridge.co.us
With a copy to:
Jefferson County Attorney
100 Jefferson County Pkwy
Golden, CO 80419-5500
Tele: 303-271-8900
Email: CAOContracts@jeffco.us
All Key Notices shall include a reference to the Agreement including the parties’ names and the
date of the Contract.
10.2 Electronic Mail. The parties agree that: (i) any notice or communication transmitted by
electronic mail shall be treated in all manner and respects as an original written document; (ii)
any such notice or communication shall be considered to have the same binding and legal effect
as an original document; and (iii) at the request of either party, any such notice or
communication shall be re-delivered or re-executed, as appropriate, by the party in its original
form. The parties further agree that they shall not raise the transmission of a notice or
communication, except for Key Notices, by electronic mail as a defense in any proceeding or
TM 21-1849 9.27.2021 Page 5 of 7
action in which the validity of such notice or communication is at issue and hereby forever
waive such defense. For purposes of this Contract, the term “electronic mail” means email.
11. MISCELLANEOUS.
a) Independent Entities. The parties enter into this Agreement as separate, independent
governmental entities and shall maintain such status throughout.
b) Assignment. This Agreement shall not be assigned by any party without the prior written
consent of all parties.
c) Integration and Amendment. This Agreement represents the entire agreement between the
parties and terminates any oral or collateral agreement or understandings. This Agreement may
be amended only by a writing signed by the parties. If any provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding, and all of the
remaining provision of this Agreement shall continue in full force and effect.
d) Officials Not to Benefit. No elected or employed member of any party shall be paid or receive,
directly or indirectly, any share or part of this Agreement or any benefit that may arise
therefrom.
e) Conflict of Interest. No party shall knowingly perform any act that would conflict in any
manner with said party’s obligations hereunder. Each party certifies that it is not engaged in any
current project or business transaction, directly or indirectly, nor has it any interest, direct or
indirect, with any person or business that might result in a conflict of interest in the
performance of its obligations hereunder.
f) Governing Law. This Agreement shall be governed by the laws of the State of Colorado.
g) Venue. Venue for all disputes arising under this agreement shall be in the District Court of and
for the County of Jefferson, State of Colorado.
h) Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the parties,
their respective legal representative, successors, heirs, and assigns, provided that nothing in this
paragraph shall be construed to permit the assignment of this Agreement except as otherwise
expressly authorized herein.
i) Survival. Notwithstanding anything to the contrary, the parties understand and agree that all
terms and conditions of this Agreement that require continued performance or compliance
beyond the termination or expiration of this Agreement shall survive such termination or
expiration and shall be enforceable against a party if such party fails to perform or comply with
such term or condition.
j) Waiver. This Agreement or any of its provisions may not be waived except in writing by a
party’s authorized representative. The failure of a party to enforce any right arising under this
Agreement on one or more occasions will not operate as a waiver of that or any other right on
that or any other occasion.
k) No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the
terms and conditions of this Agreement and all right of action relating to such enforcement
shall be strictly reserved to the parties and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other third party. It is the express intention of
TM 21-1849 9.27.2021 Page 6 of 7
parties that any person other than parties receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only.
l)Records Retention. The Parties shall maintain all records, including working papers, notes and
financial records. Copies of such records shall be furnished to the other party upon request.
m)Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute
one and the same instrument. The parties approve the use of electronic signatures for execution
of this Agreement. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.
§§24-71.3-101 to -121.
n) Proper Execution. Each party represents that all procedures necessary to authorize such party’s
execution of this Agreement have been performed and that the person signing for such party
has been authorized to do so.
[The remainder of this page intentionally left blank.]
TM 21-1849 9.27.2021 Page 7 of 7
IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement for Hosting
Youth Community Events.
JEFFERSON COUNTY PUBLIC HEALTH
By:
Dr. R. Dawn Comstock
Executive Director
APPROVED AS TO FORM:
Kelsey M. Hall
Assistant County Attorney
CITY OF WHEAT RIDGE
By:
Bud Starker, Mayor
APPROVED AS TO FORM:
ITEM NO: 2
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2021 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT APPROXIMATELY 4051 CLEAR CREEK DRIVE FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-21-04)
PUBLIC HEARING ORDINANCES FOR 1ST READING (11/8/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/13/2021) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager
ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) for property located at approximately 4051 Clear Creek Drive. The request will add an additional
planning area (Planning Area 9) to Clear Creek Crossing.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on October 21, 2021 and recommended approval. The staff report, proposed ODP, proposed Design Pattern Book, and a
copy of the Planning Commission minutes are attached for reference.
City Council approved this ordinance on first reading on November 8, 2021. A motion was made by Councilmember Stites and seconded by Councilmember Dozeman and was approved 8-0.
FINANCIAL IMPACT:
Fees in the amount of $2,662.50 were collected for the review and processing of Case No. WZ-21-04. If the rezoning is approved, the City will benefit from various fees collected from futuredevelopment applications, such as building permit fees and use tax.
Council Action Form – Proposed Rezoning at Clear Creek Crossing December 13, 2021
Page 2
BACKGROUND: The site is located beyond the current northern terminus of Clear Creek Drive, on the west side
of the Clear Creek Drive right-of-way and north of W. 40th Avenue. The existing street currently
ends as a cul-de-sac with a trail extending to Clear Creek. To the west of the property is unincorporated Jefferson County, to the north and east is the Clear Creek Crossing development (currently under construction), and to the south is a Coors Brewing Company water storage facility. Coors currently owns the subject property, and there is a minor lot line adjustment
underway to allow the transfer of ownership to Evergreen and creating the approximately 13 acre
site. There is an 80-foot wide Denver Water easement that covers Clear Creek Drive to the northeast and parallel to the northeast property line. The property is zoned Planned Commercial Development (PCD) and development standards are
regulated by the 2011 Clear Creek Crossing PCD Outline Development Plan (ODP). The site is
currently vacant land. The water storage facility is also zoned PCD and the adjacent Clear Creek Crossing development is in the 2018 Clear Creek Crossing Planned Mixed Use Development (PMUD) ODP.
Current Zoning
The existing PCD zoning on the property was established in 2011 with the Clear Creek Crossing Planned Commercial Development Concept ODP, which included the entire current Clear Creek Crossing PMUD site, and the subject property. At the time, the project was owned by Cabela’s and proposed to be anchored by a Cabela’s and Walmart Superstore. The subject property was in
Planning Area 7 (PA-7) of the PCD. The zoning allowed for a wide range of commercial uses,
including retail, office, and some special uses including campgrounds. Residential uses were not permitted. Under the PCD, development on the site was severely restricted by a limit on the “floor area
ratio” (FAR) for this site to 0.08 FAR. A campground (at the time conceptually planned for the
Boy Scouts) was a permitted use, but those plans did not come to fruition. The low FAR and low intensity use was intended to balance out the significantly higher FAR and development that had been proposed for the site at the time, including the Cabela’s and Walmart.
The original PCD included land owned by Jefferson County, Cabela’s, and Coors. Evergreen
purchased the property owned by Jeffco and Cabela’s which was about 100 acres in size and comprised a majority of the original PCD. In 2018, Evergreen rezoned that property to PMUD for what is now described as Clear Creek Crossing. The subject site remained under Coors’ ownership and has remained vacant.
Proposed Zoning The proposed PMUD zoning is required in order to accommodate the proposed residential use and to remove the FAR restrictions on this property. It’s also necessary to ensure compatible site and building design. The proposed zoning incorporates many standards and principles of the
Clear Creek Crossing ODP and Design Pattern Book approved in 2018. However, the rezoning
for the subject property is considered a stand-alone application with its own customized
Council Action Form – Proposed Rezoning at Clear Creek Crossing December 13, 2021
Page 3
standards with the creation of Planning Area 9. The proposed rezoning consists of two documents:
1. Homestead District Expansion ODP of Planning Area 9: This is the ODP document that
establishes the zoning boundary, character of development, permitted uses, and generalsite boundaries, access points, and open space.2. Design Pattern Book (DPB) for Planning Area 9 – Homestead District Expansion: This isan independent document from the existing DPB for Clear Creek Crossing and contains
details on the design review process, concept site plans, a site analysis, detailed
development standards, a diagram of the planning area, additional open space details, andsignage standards. This document makes some cross references to the overall DPB forClear Creek Crossing, as many of the proposed standards are the same.Refer to the enclosed Planning Division Staff Report for a complete analysis of the proposed
zoning.
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 Sec. 26-303.D of the code to evaluate the
applicant’s request for a zone change with an outline development plan. 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. 21-2021, an ordinance approving the rezoning of property located at approximately 4051 Clear Creek Drive from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) 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 aproper public hearing.2. The proposed rezoning has been reviewed by the Community Development Departmentwhich has forwarded its recommendation of approval.
3. The proposed rezoning has been found to comply with the criteria for review in Section
26-303.D of the Code of Laws.”
Or,
“I move to deny Council Bill No. 21-2021, an ordinance approving the rezoning of property
located at approximately 4051 Clear Creek Drive from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD), for the following reasons:
Council Action Form – Proposed Rezoning at Clear Creek Crossing December 13, 2021
Page 4
___________________________ 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. 21-2021 2. Planning Commission Staff Report
3. Proposed Outline Development Plan (ODP)
4. Proposed Design Pattern Book (DPB) 5. Planning Commission Meeting Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 21
ORDINANCE NO. 1727 Series of 2021 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT APPROXIMATELY 4051 CLEAR CREEK DRIVE
FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED MIXED USE DEVELOPMENT (PMUD) (CASE NO. WZ-21-04) 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, Evergreen-Clear Creek Crossing has submitted a land use application for approval of a zone change to the Planned Mixed Use Development (PMUD) zone district with an Outline Development Plan (ODP) and Design Pattern
Book for property located at approximately 4051 Clear Creek Drive in Block 5 of Clear Creek Crossing; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—Envision Wheat Ridge—which calls for a mix of land uses in Clear Creek Crossing; and,
WHEREAS, the proposed zoning will promote well-designed development that is compatible with the character and uses of the balance of the Clear Creek Crossing development; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 21, 2021 and voted to recommend approval of rezoning the property, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Evergreen-Clear Creek Crossing for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) and Design Pattern Book for property located at approximately 4051 Clear
Creek Drive, 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: A parcel of land being all of Lot 1, Block 5 and a portion of Lot 2, Block 5 Clear
Creek Crossing Filing No. 3 recorded at Reception Number 2019087681, located
in the Northeast Quarter of Section 30 and the Southeast Quarter of Section 29, Township 3 South, Range 69 West of the Sixth Principial Meridian, City of Wheat Ridge, 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 8th day of November 2021, ordered it published with Public Hearing and consideration on final passage set for Monday, December 13, 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: November 11,2021
2nd publication: December 16, 2021 Jeffco Transcript: Effective Date: December 31, 2021
Planning Commission 1Case No. WZ-21-04 / CCC PA-9 ODP
CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT
REVIEW DATES: October 21, 2021 (Planning Commission) / December 13, 2021 (City Council)
CASE MANAGER: Scott Cutler, Senior Planner
CASE NO. & NAME: WZ-21-04 / Clear Creek Crossing Planning Area 9 ODP
ACTION REQUESTED: Approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan.
LOCATION OF REQUEST: Approximately 4051 Clear Creek Drive (west side of Clear Creek Drive north of W. 40th Avenue, in Block 5 of Clear Creek Crossing)
APPLICANT: Norris Design on behalf of Evergreen-Clear Creek Crossing
OWNER: Coors Brewing Company
APPROXIMATE AREA: 568,679 square feet (13.06 acres)
PRESENT ZONING: Planned Commercial Development (PCD)
COMPREHENSIVE PLAN: Mixed-Use Commercial, Regional Commercial Center
ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN
(X)ZONING ORDINANCE (X)DIGITAL PRESENTATION
Location Map
Site
ATTACHMENT 2
Planning Commission 2Case No. WZ-21-04 / CCC PA-9 ODP
JURISDICTION:
All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case.
I.REQUEST
The applicant is currently under contract to purchase the subject property at approximately 4051 Clear Creek Drive and is requesting approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP). The
request will add an additional planning area (Planning Area 9) to the Clear Creek Crossing Planned
Mixed Use Development.
II.EXISTING CONDITIONS
The site is located beyond the current northern terminus of Clear Creek Drive, on the west side of the
Clear Creek Drive right-of-way and north of W. 40th Avenue (Exhibit 1, Aerial). The existing street
currently ends as a cul-de-sac with a trail extending to Clear Creek. To the west of the property is unincorporated Jefferson County, to the north and east is the Clear Creek Crossing development (currently under construction), and to the south is a Coors Brewing Company water storage facility.
Coors previously owned the subject property, and there is a minor lot line adjustment underway to
allow the transfer of ownership to Evergreen and creating the approximately 13 acre site. There is an 80-foot wide Denver Water easement that covers Clear Creek Drive to the northeast and parallel to thenortheast property line.
The property is zoned Planned Commercial Development (PCD) (Exhibit 2, Zoning Map) and
development standards are regulated by the 2011 Clear Creek Crossing PCD Outline Development
Plan (ODP). The site is currently vacant land. The water storage facility is also zoned PCD and the adjacent Clear Creek Crossing development is in the 2018 Clear Creek Crossing Planned Mixed Use Development (PMUD) ODP.
III.ZONING AND DEVELOPMENT STANDARDS
The applicant would like to rezone the property to Planned Mixed Use Development (PMUD). This corresponds to the PMUD zoning that covers the adjacent Clear Creek Crossing site. The subject
property is described as “Planning Area 9” to complement the existing 8 planning areas in the adjacent
PMUD. PA-9 is proposed as an extension of the Homestead District, with its own distinct ODP and associated Design Pattern Book (DPB); these are modeled for continuity after the standards of the overall ODP and DPB for Clear Creek Crossing.
If the zone change is approved, the applicant is proposing to build multifamily rental apartments on the
site. The apartments would be a “phase two” of the existing Outlook apartment site across Clear Creek
Drive to the east, where construction has been completed and it is fully leased. The proposal would be less dense and lower in building height than the adjacent Outlook height, capped at 250 additional dwelling units and with 2-3 story buildings.
Rezoning Process
Rezoning to a planned development in the City of Wheat Ridge involves a two-step process. The first step is to approve the ODP, which establishes the development standards and permitted uses for the
Planning Commission 3 Case No. WZ-21-04 / CCC PA-9 ODP
property. In this case, the DPB acts as a supplementary document to the ODP with additional details
including more substantial development standards and references to the original DPB which applies to
the balance of the Clear Creek Crossing development. These two regulatory documents establish the allowed uses and development standards for the property and establish access configurations for vehicles, pedestrians, and bicycles. While rare in Wheat Ridge, a design pattern book is common for
developments of this size, for which formatting flexibility including photos and graphics are necessary
to explain substantive development standards. The second step for development in a PMUD requires approval of Specific Development Plan (SDP) for each development site. For example, in September 2019, the Commission approved the SDP for the Outlook apartments site. A similar application and review would be required for any future
development on the subject property.
Existing Zoning The existing PCD zoning on the property was established in 2011 with the Clear Creek Crossing Planned Commercial Development Concept ODP, which included the entire current Clear Creek
Crossing PMUD site, and the subject property. At the time, the project was owned by Cabela’s and
proposed to be anchored by a Cabela’s and Walmart Superstore. The subject property was in Planning Area 7 (PA-7) of the PCD. The zoning allowed for a wide range of commercial uses, including retail, office, and some special uses including campgrounds. Residential uses were not permitted.
Under the PCD, development on the site was severely restricted by a limit on the “floor area ratio” (FAR) for this site to 0.08 FAR. On the 13.68 acre site, development would be limited to a single-story
building of about 47,672 square feet (595,900 square feet of land area x .08 FAR = 47,672 square feet). Although this could be considered a large building, it is a very low density use for the site and would prohibit any big-box retail or multi-story office. As suggested by the “campground” allowed use, the
site was intended to be used as a Boy Scout camp, but those plans did not come to fruition. The low
FAR was intended to balance out the significantly higher FAR and development that had been proposed for the site at the time, including the Cabela’s and Walmart. The original PCD included land owned by Jefferson County, Cabela’s, and Coors. Evergreen
purchased the property owned by Jeffco and Cabela’s which was about 100 acres in size and
comprised a majority of the original PCD. In 2018, Evergreen rezoned that property to PMUD for what is now described as Clear Creek Crossing. The subject site remained under Coors’ ownership and has remained vacant.
Proposed Zoning
The proposed PMUD zoning is required in order to accommodate the proposed residential use and to
remove the FAR restrictions on this property. It’s also necessary to ensure compatible site and building design. The proposed zoning incorporates many standards and principles of the Clear Creek Crossing ODP and DPB approved in 2018. However, the rezoning for the subject property is considered a stand-
alone application with its own customized standards with the creation of Planning Area 9. The
proposed rezoning consists of two documents: 1. Homestead District Expansion ODP of Planning Area 9 (Exhibit 3: Proposed ODP): This is the ODP document that establishes the zoning boundary, character of development, permitted uses, and general site boundaries, access points, and open space.
2. Design Pattern Book (DPB) for Planning Area 9 – Homestead District Expansion (Exhibit 4,
Proposed Design Pattern Book): This is an independent document from the existing DPB for Clear Creek Crossing and contains details on the design review process, concept site plans, a
Planning Commission 4Case No. WZ-21-04 / CCC PA-9 ODP
site analysis, detailed development standards, a diagram of the planning area, additional open
space details, and signage standards. This document makes some cross references to the overall
DPB for Clear Creek Crossing, as many of the proposed standards are the same.
Development Standards
The rezoning documents propose the following development standards:
PROPOSED ZONING
Planned Mixed Use Development (PMUD)
Uses Residential and limited public/civic uses
Architectural Standards
Shall adhere to standards established in overall
Design Pattern Book for Clear Creek Crossing,
including architecture, materials, landscaping, and lighting (generally “modern agrarian”)
Max. Building Height 50’
Max. Lot coverage 80% Min. Landscaping 20%, plus dedicated open space tract Build-to Area 0-20’: 50% along western property line (lake
shore) and 30% along Denver Water easement
Density (Residential) Maximum of 250 dwelling units (approximately
19 units per acre)
Unlike other planning areas within the Clear Creek Crossing development, the proposed allowed uses
for PA-9 are only residential, with some limited civic and public uses including open space or civic buildings. Although different than the original ODP, the allowance for residential in this planning area allows for a natural expansion of the existing Outlook residential uses to the east. The site takes advantage of waterfront on the west and south sides and mountain views to the west. Given the nature
of the site far from the interstate access and commercial corridors/areas, the site is likely less
appropriate for commercial uses, and many uses may not be economically viable. The site is adjacent to a future major employment center and retail opportunities and will contribute to the overall mixed-use nature of Clear Creek Crossing.
The maximum building height of 50’ is lower than that of the Outlook apartments in Planning Area 2 (PA-2), which allows residential buildings up to 65’ and other buildings up to 90’. The lowered height
limits in PA-9 result in a maximum height that tapers down from the large-scale SCL hospital building, to the mid-rise Outlook site, to the more low-rise development proposed in PA-9.
The vast majority of other requirements will be the same in PA-9 as they are in PA-2, including
parking (vehicle and bicycle), architecture, materials, landscaping, and lighting, which will follow the standards outlined in the original DPB for Clear Creek Crossing and themes from the Vision Book for Clear Creek Crossing. The required open space percentage of 20% is also the same. Unlike PA-2, PA-9 is capped at a maximum density of 250 dwelling units. Although the site is in an area exempted
from height and density restrictions in the City Charter, the maximum of 250 units in PA-9 will allow
reasonable development without overly impacting existing roads and infrastructure (refer to the Engineering comments in Section VI of this report for more information on traffic).
Planning Commission 5 Case No. WZ-21-04 / CCC PA-9 ODP
Access
Two access points are proposed into the site, one from Clear Creek Drive across from the northern
boundary of PA-2, and one between the site and PA-7 (the hotel site). Clear Creek Drive will be extended moving the cul-de-sac bulb to the northwest. Additionally, the trail along Clear Creek Drive will be extended along this site. These access points align with regional circulation goals established in
the overall DPB for Clear Creek Crossing, and Specific Development Plans will be reviewed for each
site to ensure compliance with circulation and street hierarchy requirements.
Open Space and Parkland Dedication Open space concepts are a critical component of an ODP. The developer will be responsible for incorporating a trailhead area, including a structure, on the property. The requirement for a dedicated
trailhead area at the northwest corner of the site is included in the ODP and DPB. This area will be
constructed with the proposed development along with the extension of Clear Creek Drive. Parkland dedication is required for all residential developments based on the assumption that additional residents in the City will impact the demand for parks and open space. The calculations for
land and fee amounts are determined by Section 26-414 of the City Code and by City Council
resolution. Typically, applicants pay a fee in lieu of dedicating parkland. In this case, the trailhead and amenity can be encumbered appropriately for public use and dedicated as a separate tract maintained by the metro district. This component is large part of the reason that public uses are permitted in the
planning area on the ODP.
This land dedication will count towards the overall parkland dedication requirement and will
significantly reduce any required fees. All calculations will be based on final unit count and total area dedicated for the trailhead structure/area as a public amenity to be determined with the Specific Development Plan.
IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the Outline Development Plan Criteria provided in Section 26-303.D of the City Code. 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 of the area, the proposed rezoning will not result in adverse effects
on the surrounding area. The only immediate neighbor at this time is the Outlook apartment site in
PA-2, which has been completed. A future development site in Planning Area 7 to the southeast will contain a hotel use. There are no immediate neighbors to the west or south, as Coors uses those sites for water storage. The Engineering Division has confirmed the amount of added traffic
generated by this site is marginal when taking the entire Clear Creek Crossing development into
account. The road network can accommodate the proposed unit count. The developer will also dedicate a trailhead structure and tract to the benefit of all residents of Wheat Ridge, which will promote health and provide a community gathering space.
Staff concludes that this criterion has been met.
Planning Commission 6Case No. WZ-21-04 / CCC PA-9 ODP
2.The development proposed on the subject property is not feasible under any other zonedistrict, and would require an unreasonable number of variances or waivers and conditions.
The current allowances under the existing PCD zoning are limited given the restrictive FARrequirements. It is more logical to rezone the site to be more compatible with the surrounding
PMUD zoning and design standards as opposed to using the existing and outdated PCD
requirements which were established for a very different development concept. The proposedPMUD zoning allows for this site to be unified with the balance of the Clear Creek Crossingdevelopment and subject to the same architectural and site design controls.
Staff concludes that this criterion has been met.
3.Adequate infrastructure/facilities are available to serve the types of uses allowed by thechange of zone, or the applicant will upgrade and provide such where they do not exist or areunder capacity.
Adequate infrastructure currently serves the property. All responding agencies have indicated theycan serve the property. In the event that the current utility capacity is not adequate for a future use,
the property owner/developer would be responsible for utility upgrades. A Specific DevelopmentPlan and associated plat will be referred to the utility districts prior to development occurring.
Staff concludes that this criterion has been met.
4.The Planning Commission shall also find that at least one (1) of the following conditionsexists:
a.The change of zone is in conformance, or will bring the property into conformance, withthe City of Wheat Ridge comprehensive plan goals, objectives and policies, and otherrelated policies or plans for the area.
The City’s 2009 comprehensive plan has two designations for the area: Regional CommercialCenter and Mixed-Use Commercial. Regional Commercial Center designation is intended to
include anchor stores, employment uses, restaurants, and hotel. The comprehensive plan does
not specifically anticipate residential uses in Regional Commercial Centers. However, theMixed-Use Commercial designation also at this location focuses on long-term infill,redevelopment, and reinvestment with a mix of uses.
The 2009 comprehensive plan designations were very specifically influenced by Cabela’sdevelopment plans which dated back to 2005 and called for Cabela’s to be the main anchortenant with accessory retail and restaurant uses. When PA-9 is considered in combination withthe larger Clear Creek Crossing development, the project as a whole upholds the long-rangegoals of the City to create a mixed-use development.
Staff concludes that this criterion has been met.
b.The existing zone classification currently recorded on the official zoning maps of the Cityof Wheat Ridge is in error.
Staff has not found any evidence of an error with the current PCD zoning designation as itappears on the City zoning maps.
Planning Commission 7 Case No. WZ-21-04 / CCC PA-9 ODP
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.
As noted above the 2009 comprehensive plan designations were informed by the proposed development at the time which was being driven by Cabela’s and focused on commercial uses. Contemporary mixed use developments rely on a broader land use mix and retail and
commercial development has changed dramatically in the 20 years since the City adopted the
comprehensive plan. Regional developments like Clear Creek Crossing are expected to
accommodate a “live, work, play” lifestyle and mix of uses. The 2011 zoning for this site, which anticipated low-density commercial development or recreational/educational uses does not align with the zoning of the adjacent properties. The site
is likely not viable as a commercial opportunity given its existing zoning, and the proposed Boy
Scout camp did not move forward with developing the site. The proposed rezoning to PMUD will encourage more efficient development on this site that would otherwise sit vacant under Coors’ private ownership.
Housing demand continues to be strong, and with proximity to the new SCL Health Lutheran Hospital anchoring Clear Creek Crossing, additional housing is appropriate for the
development. The Comprehensive Plan is nearly 13 years old, and it is in the public interest to approve a zone change that responds to these changes and supports the contemporary definition of a “regional commercial center” and provides sufficient rooftops to support the viability of
retail and restaurant uses that are desired in the center.
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 PCD zoning approved in 2011 could not have anticipated the unprecedented growing need
for all types of housing in the Denver Metro area in the next 10-20 years. Although the
comprehensive plan addressed the need to increase variety in housing types, it did not anticipate the Clear Creek Crossing site to contribute to housing supply. With the Outlook Phase I fully leased it is clear there is significant demand for rental housing in this area. Staff concludes that this criterion has been met.
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.
Planning Commission 8Case No. WZ-21-04 / CCC PA-9 ODP
A meeting for neighborhood input was held on June 30, 2021. This meeting was advertised and
conducted as a virtual meeting on Zoom. No members of the public attended the virtual meeting. Only
the applicant and staff were present (see Exhibit 7, Neighborhood Meeting Notes).
As of the date of distribution of this staff report, October 8, 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 concerns with the zone change and the development moving forward as proposed in the trip generation letter. They will formally approve the traffic memo at the time of SDP review if the unit count proposed remains the same or under 250 units (the cap proposed by the ODP). As part of the federal review process associated with the hook
ramp design a master Traffic Impact Study (TIS) was completed prior to the 2018 zoning. The
TIS relied on the prior development concept including Walmart and other big box stores and establishes overall trip counts for the project. With the change from a low FAR to a multifamily residential project, the specific site has an increase in trips, however the Clear Creek Crossing
project as a whole is still within the acceptable levels established within the TIS. The applicant
will also provide a drainage conformance letter with the SDP submittal.
Consolidated Mutual Water District: No objections. The property is not currently served by the district but is eligible for service provided all requirements are met. The applicant is coordinating directly with the district. The district will review specific plans at time of SDP.
Denver Water: No objections. They provided instructions for what is allowed within the easement that traverses much of the property, and will review plans for this area at time of SDP/plat.
Applewood Sanitation District: Applicant coordinating directly with the district. The district
will review specific plans at time of SDP.
West Metro Fire Protection District: No objections. Will review future SDP and plat for
compliance with fire code and access requirements.
Xcel Energy: No objections.
Century Link: No comments received.
Comcast Cable: No comments received.
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
Planning Commission 9 Case No. WZ-21-04 / CCC PA-9 ODP
consistent with the goals and objectives of the Comprehensive Plan and the overall goals for the Clear
Creek Crossing area.
Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-21-04.
VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-21-04, a request for approval of a zone change
from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an
Outline Development Plan (ODP) for property located at approximately 4051 Clear Creek Drive, 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 goals for the Clear Creek Crossing area. 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-21-04, a request for approval of a zone change from Planned Commercial Development (PCD) to Planned Mixed Use Development (PMUD) with an
Outline Development Plan (ODP) for property located at approximately 4051 Clear Creek Drive, for
the following reasons:
1. 2. …”
Planning Commission 10 Case No. WZ-21-04 / CCC PA-9 ODP
EXHIBIT 1: AERIAL
Planning Commission 11 Case No. WZ-21-04 / CCC PA-9 ODP
EXHIBIT 2: ZONING MAP
Planning Commission 12 Case No. WZ-21-04 / CCC PA-9 ODP
See attached document.
EXHIBIT 3: PROPOSED OUTLINE
DEVELOPMENT PLAN (ODP)
Planning Commission 13 Case No. WZ-21-04 / CCC PA-9 ODP
See attached document.
EXHIBIT 4: PROPOSED DESIGN PATTERN
BOOK (DPB)
Planning Commission 14 Case No. WZ-21-04 / CCC PA-9 ODP
EXHIBIT 5: APPLICANT LETTER
Planning Commission 15 Case No. WZ-21-04 / CCC PA-9 ODP
Planning Commission 16 Case No. WZ-21-04 / CCC PA-9 ODP
The following in an excerpt from the Structure Map within the Comprehensive Plan.
EXHIBIT 6: COMPREHENSIVE PLAN
Subject Property
Regional Commercial Center
(Clear Creek Crossing)
Mixed-Use Commercial
Planning Commission 17 Case No. WZ-21-04 / CCC PA-9 ODP
NEIGHBORHOOD MEETING NOTES
Meeting Date: June 30, 2021
Attending Staff: Zareen Tasneem, Stephanie Stevens
Location of Meeting: Virtual
Property Address: Approximately north end of existing Clear Creek Drive (PIN 39-194-05-023, Schedule 300513419)
Property Owner(s): Coors
Property Owner(s) Present? No
Applicant: Evergreen – Clear Creek Crossing, LLC
Applicant Present? Yes
Existing Zoning: Planned Commercial Development (PCD)
Existing Comp. Plan: Regional Commercial Center, Mixed-Use Commercial
Existing Site Conditions: The site is located beyond the northern terminus of Clear Creek Drive. The existing street currently ends as a cul-de-sac with a planned trailhead. To the west is unincorporated Jefferson County, to the north and east is the Clear Creek Crossing development (currently under
construction), and to the south is a Coors Brewing Company water storage facility. Coors Brewing
Company also currently owns the subject property. There is a 100-foot wide drainage easement that runs parallel to the western property line and an 80-foot Denver Water easement that covers Clear Creek Drive to the northeast and parallel to the northeast property line. According to the Jefferson County Assessor’s Office, the site measures 13.36 acres in size. The
property is zoned Planned Commercial Development (PCD) and development standards are regulated
by the 2011 Clear Creek Crossing PCD Outline Development Plan (ODP). The site is currently vacant land. The water storage facility is also zoned PCD and the adjacent Clear Creek Crossing development is in the 2018 Clear Creek Crossing Planned Mixed Use Development (PMUD) ODP.
Applicant/Owner Preliminary Proposal: The applicant would like to rezone the property to the
Clear Creek Crossing PMUD zoning and incorporate it as a new Planning Area. The applicant’s desire is to have the site be added in as “Planning Area 9” to the ODP, as an extension of the Homestead District, with the Clear Creek Crossing Design Pattern Book (DPB) standards also applying.
If the zone change is approved, the applicant is proposing to build multi-family rental apartments on
the site. The apartments are proposed to be less dense and lower in building height than the Outlook
EXHIBIT 7: NEIGHBORHOOD MEETING
Planning Commission 18 Case No. WZ-21-04 / CCC PA-9 ODP
multi-family project to the east. Initial submittal materials propose 262 units across 14 buildings each
two- to three stories in height, including the carriage unit building types found in the Outlook
development, as well as a clubhouse. Two new access points are proposed along Clear Creek Drive. Two parking spaces per dwelling unit are proposed in the form of surface parking. Subsequent character images submitted by the applicant proposes the development to be similar to the Outlook
Gateway development the applicant has built at E. 56th Avenue and Tower Road in the City and
County of Denver. The buildings will be primarily oriented to take advantage of the views of the water ponds to the west and south.
The following is a summary of the neighborhood meeting:
• In addition to the applicant and staff, the applicant’s architect team was in attendance, including Jared Carlon and Kelly Walls of Norris Design and Rachel Patton of HKS, as well as co-applicant, Jeff Wikstrom of the Evergreen multi-family group.
• No members of the public were in attendance. The following issues were discussed regarding the zone change request and proposed
development:
• None Staff received no comment from others in the area regarding the proposal.
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REGIONAL
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SINGLE FAMILY RESIDENTIAL
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UNDERPASS.
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FUTURE
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1. INTERNAL PEDESTRIAN CROSS ACCESS BETWEEN
PLANNING AREAS SHALL BE PROVIDED; LOCATIONS AND
ALIGNMENT OF SUCH CONNECTIONS SHALL BE FINALIZED
DURING SPECIFIC DEVELOPMENT PLANS PROCESSING.
2. ASSOCIATED WITH THE CLEAR CREEK CROSSING
DEVELOPMENT IS A VISION BOOK THAT SHALL BE KEPT ON
FILE WITH THE CITY OF WHEAT RIDGE FOR FUTURE
REFERENCE.
3. FINAL LOCATION OF TRAILHEAD STRUCTURE TO BE
DETERMINED AT TIME OF SDP.
LEGEND
PLANNING AREA BOUNDARY
EXISTING CLEAR CREEK TRAIL
PROPOSED PRIMARY TRAIL
VEHICULAR ACCESS
(CONCEPTUAL)
PLANNING
AREA 2
(12.54 ACRES)
PLANNING
AREA 5
(4.19 ACRES)
PLANNING
AREA 7
(3.43 ACRES)
PLANNING
AREA 4
(2.98 ACRES)
PLANNING
AREA 8
(15.48 ACRES)
ZONING: PCD
COMMERCIAL
(VACANT)
MULTI-USE TRAIL CONNECTION
(BY PROSPECT RECREATION
AND PARK DISTRICT)
NOTES
ZONING: PCD
COMMERCIAL
(VACANT)
OFF-SITE MULTI-USE TRAIL
CONNECTION
CDOT 'A' LINE
PLANNING AREA
PEDESTRIAN OR VEHICULAR
CROSS ACCESS (CONCEPTUAL)
PROPOSED SECONDARY TRAIL
CLEAR CREEK
PLANNING AREA 9
HOMESTEAD
EXPANSION
(13.10 ACRES)
APPLICANT:
DATE:
SHEET TITLE:
CH
E
C
K
E
D
B
Y
:
DR
A
W
N
B
Y
:
HO
M
E
S
T
E
A
D
D
I
S
T
R
I
C
T
E
X
P
A
N
S
I
O
N
HO
M
E
S
T
E
A
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D
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N
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T
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F
W
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A
T
R
I
D
G
E
,
C
O
L
O
R
A
D
O
CLEAR CREEK CROSSING, L.L.C.
1873 S. BELLAIRE STREET
SUITE 1106
DENVER, CO 80222
NO
T
F
O
R
C
O
N
S
T
R
U
C
T
I
O
N
HOMESTEAD DISTRICT EXPANSION
AN OFFICIAL OUTLINE DEVELOPMENT PLAN OF PLANNING AREA 9 :
HOMESTEAD DISTRICT EXPANSION FOR CITY OF WHEAT RIDGE, CO
A PARCEL OF LAND BEING ALL OF LOT 1, BLOCK 5 AND A PORTION OF LOT 2, BLOCK 5, CLEAR CREEK CROSSING FILING
NO. 3 RECORDED AT RECEPTION NUMBER 2019087681, LOCATED IN THE NORTHEAST QUARTER OF SECTION 30 AND
THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
7/6/2021
8/16/2021
10/11/2021
PROPOSED
TRAIL STRUCTURE
LOCATION
COORS
POND
SOUTH
COORS
POND
WEST
AL
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-
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NP
03 OF 03USE TABLE
LE
G
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N
D
:
P:
P
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R
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NP
:
N
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NOTES:1.
A
R
C
H
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C
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A
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N
,
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N
A
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E
,
F
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N
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I
N
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,
LIGHTING AND LANDSCAPING SHALL BE IN CONFORMANCE WITH THE DESIGN PATTERN BOOK FOR PLANNING AREA 9.
AL
L
O
W
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D
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S
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S
,
C
O
N
T
I
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U
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D
PA
-
9
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(
C
O
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)
:
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:
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(
S
E
E
2
6
-
6
3
5
)
P
APPLICANT:DATE:SHEET TITLE:
C
H
E
C
K
E
D
B
Y
:
D
R
A
W
N
B
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HOMESTEAD DISTRICT EXPANSION HOMESTEAD DISTRICT EXPANSION CITY OF WHEAT RIDGE, COLORADO CLEAR CREEK CROSSING, L.L.C.1873 S. BELLAIRE STREET SUITE 1106 DENVER, CO 80222 NOT FOR CONSTRUCTION
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PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION1
Design Pattern Book
Planning Area 9 - Homestead District Expansion
September 2021
ATTACHMENT 4
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION2
TABLE OF CONTENTS - APPENDIX
0.0 SCHEMATIC REVIEW
0.0 Schematic Design Review Process..........................................................
0.1 Design Development Review Process........................................................
1.0 OVERVIEW
1.1 Property Description ......................................................................
1.2 Concept Site Plan .........................................................................
1.3 Site Analysis and Constraints Diagram .......................................................
2.0 SITE
2.1 Development Standards......................................................................
2.2 Homestead District Description ..............................................................
2.3 District Diagram.............................................................................
2.4 Homestead District Expansion...............................................................
2.5 Development Standards.....................................................................
2.6 Street Map.................................................................................
3.0 SIGNAGE
3.1 Signage Map .................................................................................
3
4
5
6
7
8
8
9
10
11
13
14
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION3
0.0 Schematic Design Review Process
The Homestead District Expansion ODP must comply with all applicable statutes, ordinances, rules and
regulations promulgated by the City and other governmental entities which have jurisdiction over the
Project, including revocable permits in the right-of-way (ROW), Americans with Disabilities Act, building
permits, and permits for other public works matters.
GENERAL COMPLIANCE
APPLICABILITY
OBJECTIVE
SUBMITTAL REQUIREMENTS
PRE-APPLICATION MEETING
SCHEMATIC DESIGN
A pre-application meeting shall be held between the Applicant and with both the ACC as well as
City of Wheat Ridge to review the scope of the Project, the design review process, and identify all
requirements, presumptions and considerations. The Applicant shall submit at the pre-application
meeting the following:
• Intent Statement
• Development scope, Project uses and adjacent uses, and Project description
• Context Photos
• Conceptual Site Plan
• Conceptual Elevations, are encouraged
• Any special considerations
The Applicant team shall submit a Schematic Design Development Plan to the ACC. The ACC will
request a meeting to discuss the application within 14 days from the receipt of the Schematic Design
Plan. At this meeting, the Schematic Plan will be reviewed for compliance with the ODP and Design
Pattern Book. In addition, the Application will be reviewed for its overall compatibility with the Clear
Creek Crossing Vision Book, representing all of Clear Creek Crossing, including the PA-9 expansion.
The applicant shall submit the following:
• Narrative describing elements of Project design and their compliance with the ODP and DPB.
• Site Plan
• Floor Plans
• Elevations
All development within PA-9 - Homestead District Expansion is subject to the PA-9 Design Pattern Book
(this document). Design review shall be conducted by the Architectural Control Committee (ACC) as
established by the Master Developer and the City of Wheat Ridge.
The objective of the design review process is to create a clear, consistent, and predictable process for
development at the Project. The ACC shall perform schematic design review prior to the planning review
process required and conducted by the City of Wheat Ridge.
The Applicant team shall meet with or submit approved design documents to the ACC at the following
four key Project phases: Pre-Application Conference, Schematic Design, Design Development, and Final
Recordation Phase. Informal design review meetings may be requested by the Applicant at any point in
the development process as necessary to identify solutions on specifi c issues.
APPROVALThe Schematic Design Development Plan shall be reviewed and comments shall be provided
by ACC to Applicant within 14 business days after receipt of such submittal. ACC shall approve,
recommend revision and re-submittal for subsequent Schematic Design Review or deny the
submittal.
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION4
0.1 Design Development Review Process
DESIGN DEVELOPMENT
City Staff shall include the Clear Creek Crossing ACC in its referral process as it relates to documents
and plans submitted to City of Wheat Ridge within the requirements of Specifi c Development Plan
review and approval processes. The ACC will provide comments on these documents and plans
to Wheat Ridge planning staff as requested in referral correspondence. Schematic Design review
comments and approval correspondence will be provided to Wheat Ridge planning staff as an
attachment to the referral comments. The City of Wheat Ridge Planning Commission has the ability to
grant waivers to the standards set forth in this Design Pattern Book through a Specifi c Development
Plan public hearing.
MODIFICATION OF DESIGN STANDARDS
These Design Standards are intended to have some fl exibility. The ACC, with Wheat Ridge Community
Development Director review and approval, may grant an alternative to a design standard if it fi nds the
Applicant has satisfi ed the following:
• Alternative is consistent with the stated intent of the design standard.
• Alternative achieves or implements the stated intent to the same degree or better than strict
compliance to the design standard would have achieved otherwise.
• Alternative will not create adverse impacts on adjacent developments.
AMENDMENT OF DESIGN PATTERN BOOK
ARCHITECTURAL CONTROL COMMITTEE (ACC)
The ACC shall be permitted to recommend amendment of the text of the Design Pattern Book at any
time. However, if the ACC elects to amend the text of any of the provisions, such amendment shall
not be eff ective until the ACC obtains written approval of the consent of the Wheat Ridge Community
Development Director.
Committee:
• 3 seats, appointed by mutual agreement between the Developer and City of Wheat Ridge
Community Development Director:
• 2 seats held by the Developer
• 1 seat held by City of Wheat Ridge Planning Staff member
Summary of Schematic Review Procedure and Architectural Control Committee’s Role:
• Submittal to ACC for Schematic Design Review and Approval
• ACC provides letter to City regarding required schematic design review indicating plans are
consistent with the intent of the overall development including any conditions or stipulations of
approval.
• City of Wheat Ridge referral to ACC during SDP review and approval processes.
• ACC provides letter from to City regarding SDP document referrals, describing any signifi cant
diff erences from approved schematic design and including any additional comments relative to the
design intent of the proposed site plan.
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION5
1.1 Property Description
Located at the southwest quadrant of Hwy 58 and I-70 in Wheat Ridge, Clear Creek Crossing is an 124-acre Planned
Mixed-Use development, including retail, entertainment, hotel, multifamily residential and employment land uses. With the
site’s proximity to Clear Creek, the Project will include a strong connection to the creek with its trail networks to and through
the planned development. Clear Creek Crossing’s community-driven approach will embrace simplicity in its design, taking
cues from the natural beauty and history of the location while taking advantage of visibility and direct accessibility to a major
freeway corridor, providing the community with exciting new opportunities to live, work, shop, dine, stay and play.
The Planning Area 9: Homestead District Expansion, is a 13-acre addition to this particular district within the Clear Creek
Crossing PMUD. Located north of 40th Ave and on the west side of Clear Creek Drive, the property abuts Planning Area 7
and lies west of Planning Areas 1 and 2. In addition, the property is adjacent to Coors-owned water storage ponds, to both
the west and south. Planning Area 9 will include multifamily residential uses that follow development standards consistent
with the Homestead District in the CCC PMUD. The vision book referenced herein shall cover the entirety of Clear Creek
Crossing.
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION6
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PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION88
2.2 Homestead District Description
HOMESTEAD - Multifamily residential uses, including apartments and/or town home formats. Buildings shall be placed
according to the requirements of the use and in consideration of the characteristics of the site, while placing a priority on
circulation and walk-ability to other Districts including the adjacent Clear Creek Trail. Parking will be in surface lots; with
above-grade garages tucked under units in buildings or in separate buildings allowed as well.
2.1 Development Standards
The original Clear Creek Crossing site is adjacent to the subject property and inclues eight (8) Planning Areas. It was
originally rezoned to Planned Mixed Use Development (PMUD) in 2018 (Case Number WZ-16-07). The regulatory
documents approved as part of the zone change included an Outline Development Plan (the Clear Creek Crossing Planned
Mixed Use ODP) and a Design Pattern Book (herein referred to as the CCC DBP). The CCC DBP establishes several
subdistricts within the development, including Homestead, Harvest, Vineyard, and Wagon.
The subject property represents an expansion of the original Homestead District to create a new Planning Area 9 (PA9)
within Clear Creek Crossing and ajdacent to the existing PAs 2 and 7. Each Planning Area has a distinct set of development
standards and allowed uses. Refer to the CCC PUMD : Homestead District Expansion ODP for the permitted uses in PA9.
This document (“PA9 DPB”) regulates the site and building design PA9 exclusively.
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION9
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PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION10
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION KEY MAP
PLANNING AREA DIAGRAM
2.4 PLANNING AREA 9: HOMESTEAD DISTRICT EXPANSION
INEINENENEEYARDYARYARDYARDAYARD
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the Design Pattern Book.
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PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION11
PERMITTED USES REFER TO CLEAR CREEK CROSSING PUMD - HOMESTEAD DISTRICT EXPANSION FOR ALL PERMITTED USES
SITE PLANNING BUILDINGS SHALL BE PLACED ACCORDING TO THE SETBACKS OUTLINED BELOW. GIVEN PLANNING AREA’S ADJACENCY TO COORS-OWNED PONDS TO THE NORTH AND MOUNTAIN VIEWS TO THE SOUTH, BUILDINGS SHALL BE PLACED TO
CAPTURE VIEWS. PEDESTRIAN CONNECTIVITY TO ADJACENT USES AS WELL AS WITH THE TRAIL NETWORK IS REQUIRED.
SETBACKS AND
BUILDING ORIENTATION
RESIDENTIAL USES
PRIMARY FRONTAGE: WESTERN POND ORIENTATION
• AT LEAST 50% OF THE PROPERTY’S FRONTAGE ALONG THE WESTERN PROPERTY LINE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE ORIENTED TOWARD THE POND TO THE WEST.
SECONDARY FRONTAGE: CLEAR CREEK DRIVE
• AT LEAST 30% OF THE PROPERTY’S FRONTAGE ALONG CLEAR CREEK DRIVE MUST CONTAIN A BUILDING WITHIN THE
REQUIRED 0-20 FOOT BUILD-TO AREA. DUE TO THE DENVER WATER EASEMENT ALONG THIS FRONTAGE, THE BUILD-TO
REQUIREMENT SHALL BE MEASURED FROM THE WESTERN EDGE OF THE EASEMENT.
MAXIMUM LOT COVERAGE 80%
MINIMUM LANDSCAPE REQUIRED 20%
MAXIMUM BUILDING HEIGHT RESIDENTIAL AND PUBLIC/RECREATIONAL USES: 50’-0”
MAXIMUM RESIDENTIAL DENSITY 250 UNITS
PARKING
SURFACE AND/OR STRUCTURED PARKING PER SECTION 2.5 (PARKING AND SERVICE) OF THE CCC DESIGN PATTERN BOOK. ALL
PARKING SHALL MEET THE CITY OF WHEAT RIDGE STANDARDS, CHAPTER 26, ARTICLE V, SEC. 26-501
1.0 SPACE PER 1 BEDROOM MFR UNIT
2.0 SPACES PER 2-3 BEDROOM MFR UNIT
2.5 SPACES PER 4 BEDROOM MFR UNIT
PLUS 1.0 GUEST SPACE PER 10 SPACES
BICYCLE PARKING BICYCLE PARKING PER SECTION 2.6 (BICYCLE PARKING) OF THE CCC DESIGN PATTERN BOOK.1 BICYCLE SPACE PER EVERY 10 UNITS, BUT NO LESS THAN 3 SPACES
BUILDINGS / ARCHITECTURE REFER TO SECTION 3.0 (BUILDING DESIGN) AND 3.10.2 (MULTI-FAMILY ARCHITECTURE) OF THE CCC DESIGN PATTERN BOOK
MATERIALS REFER TO SECTION 4.0 (MATERIALS) OF THE CCC DESIGN PATTERN BOOK
LANDSCAPE REFER TO SECTION 5.0 (LANDSCAPE) OF THE CCC DESIGN PATTERN BOOK
LIGHTING REFER TO SECTION 6.0 (LIGHTING) OF THE CCC DESIGN PATTERN BOOK
SIGNAGE REFER TO SECTION 3.1 OF THIS DOCUMENT FOR LOCATIONS AND SECTION 7.0 OF THE CCC DESIGN PATTERN BOOK FOR
STANDARDS.
OTHER REQUIREMENTS
PLAZA AND GATHERING AREA REQUIREMENT, REFER TO SECTION 2.10 OF THE CCC DESIGN PATTERN BOOK
PUBLIC ART REQUIREMENT, REFER TO SECTION 2.12 OF THE CCC DESIGN PATTERN BOOK
DEVELOPMENT STANDARDS
2.5 DEV STDS: HOMESTEAD DISTRICT EXPANSION
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION12
SITE PLANNING: HOMESTEAD DISTRICT EXPANSION
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FIGURE 1:
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AT LEAST 50% OF THE PROPERTY’S PRIMARY FRONTAGE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE
AT LEAST 30% OF THE PROPERTY’S SECOND FRONTAGE MUST CONTAIN A BUILDING WITHIN 0-20 FEET OF THE PROPERTY LINE FACING CLEAR CREEK DRIVE
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WATER EASEMENT
PRIMARY ACCESS
SECONDARY ACCESS
PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION13
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PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION14
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ATTACHMENT 5
ITEM NO: 3
DATE: December 13, 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.
City Council approved this ordinance on first reading on November 8, 2021. A motion was made by Councilmember Hutchinson and seconded by Councilmember Stites and was approved 7-0.
Council Action Form – Stites Park Land Exchange December 13, 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 December 13, 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 second reading, 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 HUTCHINSON Council Bill No. 22
Ordinance No. 1728 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 _7_ to _0_ 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: December 16, 2021
Jeffco Transcript:
Effective Date: December 31, 2021
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: December 13, 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 December 13, 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. City Council approved this ordinance on first reading on November 22, 2021. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and was
approved 7-0.
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 are 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.
Council Action Form – Ordinance Approving Transfer of 4100 Gray Street December 13, 2021
Page 3
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
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, ordered it published 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. 23-20212.General Warranty Deed3. Environmental Indemnification and Hold Harmless Form4. 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 HULTIN Council Bill No. 23
Ordinance No. 1729 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 7 to 0 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: December 16, 2021 Jeffco Transcript Effective Date: December 31, 2021
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: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2021 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 12100 W. 44th AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-21-10)
PUBLIC HEARING ORDINANCES FOR 1ST READING (12/13/2021) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/10/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager
ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 12100 W. 44th Avenue. The zone change is
compatible with the area and will allow a wider range of potential land uses in the future, including residential workforce housing.
PRIOR ACTION:
Planning Commission reviewed this request at a public hearing held on November 18, 2021 and
recommended approval. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the January 10, 2022 public hearing.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the
amount of $1,182.00 were collected for the review and processing of Case No. WZ-21-10. If the
rezoning is approved, the City may benefit from various fees collected depending on the future permitted use, such as building permit fees or sales tax.
Council Action Form – Proposed Rezoning at 12100 W. 44th Avenue December 13, 2021
Page 2
BACKGROUND: The property is located on the southeast corner of Van Gordon Street and W. 44th Avenue.
W. 44th Avenue is one of Wheat Ridge’s main east-west arterials, with the 44th Avenue Subarea
Plan process slated to move forward in 2022. The I-70 interstate is nearby to the north. There is currently one access point into the site off W. 44th Avenue and two access points off Van Gordon Street.
The property is currently zoned Commercial-One (C-1). According to the Jefferson County
Assessor, the property consists of 4 lots totaling 125,264 square feet (2.876 acres) in size, and it contains the Howard Johnson hotel built in 1985 which is currently operating. There is a restaurant component located on the first floor of the hotel that is currently vacant. The properties along this portion of W. 44th Avenue are in commercial, mixed-use, residential, and
agricultural zone districts, and primarily contain commercial uses including a truck stop across
the street to the north. Tabor Lake borders the site to the south.
Current Zoning The current zone district, C-1, was established to provide for areas with a wide range of
commercial land uses which include office, general business, and retail sales and service
establishments. Land uses in this district are often supported by the community and/or entire region. Hotels are considered a special use in the C-1 zone district; this hotel is considered legally nonconforming because a special use permit was not required at the time it was developed. Residential uses are not permitted in the C-1 zone district, therefore a zone change is
required in order to allow a proposed conversion of the hotel into a residential use.
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 applicant has proposed to rezone the
property to convert the existing 108-room hotel and restaurant into approximately 100 residential apartments. The project aims to generate workforce housing to serve the Wheat Ridge area. An analysis of the zone change criteria will be provided at second reading.
RECOMMENDATIONS:
The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10;
Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes
place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant
and all interested parties have their due process rights to a hearing, the City Attorney advises
Council to approve rezoning ordinances on first reading. This merely sets the date for the public
Council Action Form – Proposed Rezoning at 12100 W. 44th Avenue December 13, 2021
Page 3
hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission staff report and minutes will be included in the City Council packet for
the public hearing.
RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2021, an ordinance approving the rezoning of property located at 12100 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-
C) on first reading, order it published, public hearing set for Monday, January 10, 2022 at 7 p.m.
as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.”
REPORT PREPARED/REVIEWED BY:
Stephanie Stevens, Senior Planner
Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 24-2021
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 24
ORDINANCE NO. ______ Series of 2021 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 12100 W. 44TH AVENUE FROM COMMERCIAL-
ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-21-10) 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, Eric Boogaard 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 12100 W. 44th Avenue; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for a mix of neighborhood-supporting uses along 44th Avenue to encourage neighborhood revitalization and promote reinvestment along the corridor; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 18, 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 Eric Boogaard for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 12100 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: LOTS 1, 2, 3 AND 4, SHUMWAY RESUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of December, 2021, ordered it published with Public Hearing and consideration on final passage set for Monday, January 10, 2022 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: December 16, 2021 2nd publication: Jeffco Transcript: Effective Date:
ITEM NO: 6
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 58-2021 – A RESOLUTION APPROVING
THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT CONCERNING ANIMAL SHELTERING, DOG LICENSING AND FUNDING OF THE FOOTHILLS ANIMAL SHELTER
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________ City Manager
ISSUE: The Foothills Animal Shelter Board of Directors has recognized a need to update the
Intergovernmental Agreement between Jefferson County and the cities therein to revise the
funding model and assessment calculation, update compliance requirements, remove outdated language, and update the timing of budget recommendations.
PRIOR ACTION:
On June 20, 2007, Jefferson County and several Jefferson County municipalities, including Wheat Ridge, entered into an Intergovernmental Agreement (IGA) to implement a county-wide dog licensing program in order to fund construction of the Foothills Animal Shelter. On January 1, 2009, a second IGA was approved to provide funding for the construction of the animal shelter through certificates of participation issued by Jefferson County which would be repaid by the
municipalities. On August 15, 2012 Jefferson County and the municipalities therein entered into a third IGA to establish a funding mechanism by which revenue generated by the dog licensing program funds the costs of operation and debt for the Shelter.
FINANCIAL IMPACT:
There is no significant financial impact in approving this amended and restated IGA. The 2021
assessment for the City of Wheat Ridge for FAS operational expenses is $56,686 which is in line
Council Action Form – Foothills Animal Shelter Amended and Restated IGA December 13, 2021
Page 2
with recent assessment rates. Wheat Ridge’s share of annual debt service is approximately $25,000 which will end in 2029.
BACKGROUND: In 1997, the City became a party to the IGA that formed the Table Mountain Animal Center (TMAC). Over the years, the operations of TMAC have grown – to a point of constructing a new shelter in 2010 that is three times larger than the old facility and changing the name of the
facility to Foothills Animal Shelter (FAS). Currently, the City of Wheat Ridge, along with
Jefferson County and the cities of Arvada, Edgewater, Lakewood, Westminster, and Golden make annual contributions towards the operations of the shelter. Wheat Ridge’s annual contribution to the shelter has historically been approximately $25,000 to $27,000.
In 2007, the County and the various cities entered into an IGA that implemented a countywide
dog licensing program. The revenue generated from the program was to be allocated to pay for the new shelter. As part of the IGA most recently amended in 2012, language was added that required each city to meet a 20% dog licensing goal.
While initially the goal was to incentivize licensing, which would help to pay off the debt service
of the building more quickly, most jurisdictions were not able to consistently meet the licensing requirement. Moreover, the fines for noncompliance have been difficult to budget in advance because the fines for the previous year were received after the following year’s budget was adopted.
In 2019, the FAS Board came to an agreement to identify an ongoing contribution level annually, which would be offset by dog licensing. Each board member would now be able to accurately budget in advance and would then be rewarded instead for meeting licensing goals instead of punished for not meeting them. This was reviewed with both the county/city managers group
and the commissioner/city council group. Since that time, the Board has been working to update
the IGA to put this concept into writing. At the same time, the goal was to generally update and to provide additional clarifying language to the IGA. The complete updates to the IGA include:
• An update of the funding model and assessment calculation.
o The Annual Contribution calculation remains the same: Total Households (in jurisdiction) x 0.47 (estimated dog population) x 1.6 (estimated dogs per household)
o The Total Household demographics will now be updated annually. Previously it
had been updated every seven years.
• Removal of the 20% compliance language. Dog licensing is now built into the assessment calculation to encourage continued dog licensing.
• Update/remove outdated sections:
o Removed outdated sections related to the construction of the FAS building.
o Updated financial management language to incorporate best practices. o Removed horses, cattle and wild animals from FAS responsibility.
Council Action Form – Foothills Animal Shelter Amended and Restated IGA December 13, 2021
Page 3
•Updated the timing of budget recommendations and licensing reports consistent across
statutory requirements, the IGA, and the FAS bylaws. This will also improve the timing
for budgetary purposes.
RECOMMENDATIONS: Staff recommends approval of the resolution.
RECOMMENDED MOTION: “I move to approve Resolution No. 58-2021, a resolution approving the amended and restated intergovernmental agreement concerning animal sheltering, dog licensing and funding of the Foothills Animal Shelter.”
Or,
“I move to table indefinitely Resolution No. 58-2021, a resolution approving the amended and restated intergovernmental agreement concerning animal sheltering, dog
licensing and funding of the Foothills Animal Shelter for the following
reason(s)_____________________________.”
REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant to the City Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 58-20212. Foothills Animal Shelter Amended and Restated IGA redline
3. Foothills Animal Shelter Amended and Restated IGA
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 58
Series of 2021
TITLE: A RESOLUTION APPROVING THE AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT CONCERNING ANIMAL
SHELTERING, DOG LICENSING AND FUNDING OF THE FOOTHILLS
ANIMAL SHELTER
WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its
City Council (“Council”) is a home rule municipality with statutory and
constitutional authority to enact ordinances and enter into agreements for the
protection of the public health, safety and welfare; and
WHEREAS, pursuant to its home rule authority under Section 6, Article XX of
the Colorado Constitution and C.R.S. § 31-15-401, the City is authorized to provide
law enforcement services, including animal control services; and
WHEREAS, in performing such animal control services, the City has the
periodic need to issue dog licenses and to detain and shelter animals; and
WHEREAS, since 2007 and in accordance with Part 2, Article 1, Title 29, C.R.S.,
the City has cooperated with Jefferson County and other area municipalities to
cooperatively fund and provide animal licensing and sheltering services through an
intergovernmental agreement (IGA) and the creation of the separate legal entity
known as the Foothills Animal Shelter (FAS); and
WHEREAS, over the past fifteen years, the logistics, practices and capital
improvement needs of the FAS have grown and changed, and it is necessary to
reflect the latest understanding among the parties concerning how the FAS will be
funded and operated; and
WHEREAS, the Council recognizes and affirms the value and benefit of the
availability of FAS as a City resource when needed, and therefore wishes to
continue to participate in the IGA to mutually fund and sustain the FAS; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes
the Council, acting by resolution or ordinance, to approve such IGA.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council
Section 1. IGA approved.
The Amended and Restated Intergovernmental Agreement Between Jefferson
County and the Cities of Arvada, Lakewood, Wheat Ridge, Golden, Westminster and
ATTACHMENT 1
2
Edgewater for Animal Shelter/Dog Licensing/Funding, a copy of which is attached
as Exhibit A, is hereby approved. The Mayor and City Clerk are authorized and
directed to execute the same.
Section 2. Effective date.
This Resolution shall be effective upon adoption.
DONE AND RESOLVED this ____ day of ______________, 2021.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
3
Exhibit A
Amended and Restated Intergovernmental Agreement Between Jefferson County
and the Cities of Arvada, Lakewood, Wheat Ridge, Golden, Westminster and
Edgewater for Animal Shelter/Dog Licensing/Funding
[attached]
1
AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND THE CITIES OF ARVADA,
LAKEWOOD, WHEAT RIDGE, GOLDEN,
WESTMINSTER AND EDGEWATER
ANIMAL SHELTER/DOG LICENSING/FUNDING
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
(“Amended IGA”1), dated for reference purposes only this ____ day of ________________,
2021, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF
COLORADO, a body politic and corporate (the “County”); the CITY OF ARVADA, a
municipal corporation (“Arvada”); the CITY OF LAKEWOOD, a municipal corporation
(“Lakewood”); the CITY OF WHEAT RIDGE, a municipal corporation (“Wheat Ridge”); and
the CITY OF GOLDEN, a municipal corporation (“Golden”); the CITY OF
WESTMINSTER, a municipal corporation (“Westminster”) and the CITY OF
EDGEWATER, a municipal corporation (“Edgewater”)(collectively, the “Parties” and
individually a “Party”)(Arvada, Lakewood, Wheat Ridge, Golden, Westminster, and Edgewater
may be referred to individually as a “City” or collectively as the “Cities”).
RECITALS
1.C.R.S. Section 30-15-101(1) authorizes the board of county commissioners of each
county to establish an animal holding facility and engage personnel to operate it, provide
for the impoundment of animals, and to establish terms and conditions for the release or
other disposition of impounded animals.
2.C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter into an
intergovernmental agreement to provide for the control, licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a
county or municipal dog control or pet animal control licensing resolution or ordinance.
3.C.R.S. Section 31-15-401(m)(I) authorizes municipalities to regulate and control animals
within the municipality including, but not limited to, licensing, impoundment, and
disposition of impounded animals.
4.Part 2 of Article 1 of Title 29, C.R.S. permits and encourages governments to make the
most efficient and effective use of their powers and responsibilities by cooperating and
contracting with other governments.
5.Part 2 of Article 1 of Title 29, C.R.S. authorizes governments to contract with one
another to provide any function, service, or facility lawfully authorized to each of the
contracting units through the establishment of a separate legal entity.
1 The first use of a defined term is bolded and italicized for reference purposes.
ATTACHMENT 2
2
6. Pursuant to C.R.S. Section 30-11-107(1) the Parties are authorized to enter into
agreements for the joint use and occupation of public buildings.
7. The Parties (except Edgewater) entered into the June 20, 2007 Intergovernmental
Agreement (“Dog Licensing IGA”) implementing a County-Wide Dog Licensing
Program (“Dog Licensing Program”) which provided that the revenue from the Dog
Licensing Program would be used to construct a new animal shelter facility due to the
deterioration of the prior facility.
8. The Parties (except Edgewater) entered into the Intergovernmental Agreement dated
January 1, 2009 (“Facility Funding IGA”), in which the County agreed to issue
Certificates of Participation (“COPs”) in the amount of $5,200,000 that expire in 2029,
contribute $3,000,000, and to provide additional financing in the amount of $1,500,000.
In accordance with the terms of the Facility Funding IGA, the Parties have repaid the
County the $1,500,000.
9. The Parties entered into the Intergovernmental Agreement dated August 15, 2012
(“2012 Facility IGA”), that renamed the separate legal entity the Foothills Animal
Shelter (“Shelter”) and addressed the operation and administration of the Shelter’s
facility located at 580 McIntyre Street, Golden CO 80401 (“Facility”). The 2012 Facility
IGA, in part, superseded the Dog Licensing IGA and amended the Facility Funding IGA.
10. By this Amended IGA, the Parties desire to amend and restate the 2012 Facility IGA and
supersede and terminate the Dog Licensing IGA and the Facility Funding IGA to, in part,
provide for the Parties to pay an annual assessment for the operation of the Shelter and
use the revenue from the Dog Licensing Program to offset the cost of operating the
Shelter.
11. The Parties agree that each Party and its residents should contribute toward the funding
for the cost of capital construction of the Facility and operation and maintenance of the
Shelter pursuant to the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the
Parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is
understood and agreed as follows:
PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION
I. GENERAL PROVISIONS
A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The Parties
reaffirm the establishment of the separate legal entity known as the Foothills Animal Shelter,
which is responsible for the administration and operation of the Shelter and the Facility.
3
B.FACILITY LEASE. The Shelter entered into the Lease Agreement dated August
9, 2010 (“Lease Agreement”) with the County for the Facility located at 580 McIntyre Street,
Golden CO 80401. The Shelter, for the purpose of organizing, administering, and operating the
central animal facility on the land so leased, will improve, maintain, and operate the Facility as
provided herein and as provided in the Lease Agreement.
C.JURISDICTION. As used herein, the “Jurisdiction” of each City shall be the
area withing its municipal boundaries. The Jurisdictions of Arvada and Westminster include the
areas within their respective municipal boundaries within Adams County and Jefferson County.
The Jurisdiction of the County shall be the unincorporated area of the County.
D.REPORTING PERIOD. As used herein, the term “Reporting Period” shall mean
the period from January 1 to December 31 of each year.
II.POWERS OF THE SHELTER
A.GENERAL POWERS. The Parties agree the Shelter shall be empowered with the
authority to improve, construct, maintain, repair, control, regulate, and operate the Facility within
Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the Parties to
this Amended IGA and their constituents.
B.POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL
PROGRAMS. The principal purposes of the Shelter are (1) to retain in temporary custody and to
provide for the subsequent adoption or disposition of animals taken into possession by the
respective governing bodies or animals tendered to the Shelter by residents of the respective
governing bodies, and (2) to provide educational, volunteer and related programs to individuals
and the community to promote responsible pet ownership. As used herein, the term “animals”
shall include, but is not necessarily limited to, dogs, cats, all other domestic animals, and injured
wild animals if required.
C.POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES.
In addition to providing temporary custody for said animals, the Shelter shall have the authority
to establish a clinic for the purpose of spaying and neutering animals, or any other animal
welfare related purposes as deemed appropriate by the governing Shelter Board of Directors
(“Shelter Board”).
D.POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Parties further
agree the Shelter shall have the authority to contract and purchase all necessary supplies,
equipment, materials, and services, including professional services, and further to hire and
discharge employees as deemed necessary to operate the Shelter. The Shelter shall also have the
power to contract with other governing bodies who are not Parties to this Amended IGA to
provide the same temporary custody, adoption or disposition services provided for the Parties.
E.POWER TO SET FEES. The fees to be charged for services shall be established
by the Shelter Board, shall be uniform and reasonable, and shall supersede any fees previously
4
established by the respective governmental bodies. Fees for services provided to governing
bodies who are not Parties to this Amended IGA and their residents shall be set by the Shelter
Board and shall be set to include the costs for operation and maintenance of the Shelter and
capital costs of the Facility.
F. POWER TO LEASE PROPERTY. The Parties agree the Shelter is empowered
to negotiate and enter into a lease of the Facility which is suitable for an animal facility and
additional property if necessary.
III. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Shelter shall be
exercised and performed by and through the Shelter Board. Only Parties to this Amended IGA
shall be entitled to appoint a Director to serve on the Shelter Board.
B. APPOINTMENTS. Each Party shall designate and appoint one Director to serve
on the Shelter Board. Each Director shall be in regular attendance and participate in Shelter
meetings and activities. Each Director shall serve in accordance with the terms and conditions
set forth by the Party that appointed the Director. Each Party may also appoint an alternate board
member.
C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board
regularly scheduled in May of each year, the Shelter Board shall elect from its membership a
President, a Vice President (and President pro tem), a Secretary and a Treasurer, who will
assume their office at the following meeting. These officers shall serve until their successors
have been elected. The officers shall be elected by an affirmative vote of at least a majority of
the Shelter Board.
D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have
the power to promulgate bylaws and policies and procedures which shall establish the
organizational rules and policies and procedures for the management and operation of the
Shelter.
IV. CAPITAL IMPROVEMENT FUND
The Shelter has established or shall establish a “Capital Improvement Fund” equal to a
minimum of Five Hundred Thousand Dollars ($500,000) (“Minimum Threshold”). The uses to
which the Capital Improvement Fund may be put include, but are not necessarily limited to,
replacement of capital equipment, procurement of new capital equipment, and improvement or
expansion of the Facility. If funds are used from the Capital Improvement Fund, the Fund shall
be returned to the Minimum Threshold as soon as funds become available but within no more
than a two-year period from the date the fund fell below the Minimum Threshold. The Shelter
Board may adjust the Minimum Threshold above $500,000 on an annual basis if approved by a
two-thirds vote of all the Directors. Any adjustment of the Minimum Threshold below $500,000
shall require the approval of all Directors.
5
V.CONTINGENCY/EMERGENCY FUND ESTABLISHED
The Shelter has established or shall establish a contingency/emergency fund
(“Emergency Fund”) with a minimum of three months of operating expenses as calculated from
the prior year (“Minimum Balance”). The Emergency Fund shall be used to defray the costs of
unanticipated operating expense shortfalls. If funds are used from the Emergency Fund, the
Fund shall be returned to the Minimum Balance as soon as funds become available but within no
more than a two-year period from the date the fund fell below the Minimum Balance.
VI.BUDGET
A.BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget
and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the
operating costs of the subsequent year. The budget shall be approved by the Shelter Board on or
before September 30th of each year and shall be certified by the secretary and treasurer of the
Shelter Board. The final budget shall be provided to each of the governing bodies of the Parties
no later than December 15th of each year that this Amended IGA is in effect.
VII.OPERATIONS FUND AND SHELTER OPERATIONS
A.DESIGNATION OF OPERATIONS FUND. The Shelter and Parties agree that
the various monies paid to the Shelter from all sources of revenue including, without limitation,
the Dog Licensing Program, annual assessments, and any monies generated by the Shelter, shall
be placed into a designated fund (“Operations Fund”), and any operating expenses of the Shelter
shall be paid from the Operations Fund.
B.ANNUAL CONTRIBUTION TO OPERATIONS FUND. The “Annual
Contribution” of each Party shall be the sum of the actual Dog Licensing Program revenue
attributable to the Party (“Dog Licensing Revenue”) and the Party’s “Annual Assessment”
based on the formulas described below.
1.Total Annual Contribution. Each year the Shelter Board shall determine the
total Annual Contribution of the Parties to the Shelter, which shall be placed
in the Operations Fund.
2.Each Party’s Annual Contribution. Each Party’s individual portion of the
Annual Contribution shall be calculated based on the “Estimated Dog
Population” of its Jurisdiction divided by the sum of the Parties’ Estimated
Dog Populations. A Party’s Estimated Dog Population is calculated as
follows:
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“Total Households”* of the Jurisdiction x 0.47** x 1.6***
* Based on 2018 Colorado State Demography Office data, to be updated yearly beginning on July 1.
** Estimated dog population per US Pet Ownership demographic source book.
*** Estimated dogs per household per US Pet Ownership demographic source book.
3. Annual Assessment. Each Party’s Annual Assessment shall be the amount of
its Annual Contribution minus its actual Dog Licensing Revenue attributable
to the Party from the previous fiscal year, per the Shelter’s Pet Licensing
Annual Report. A spreadsheet showing the calculations for each Party’s
Annual Assessment and other calculated terms is attached as Exhibit A.
C. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated
for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such
depositories as the Shelter shall from time to time designate.
D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it
approve any claims or incur any obligations for expenditures unless there is sufficient
unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same.
The provisions and terms set forth in Part 3 of this Amended IGA shall not be considered debt of
the Shelter.
VIII. BOOKS AND RECORDS
A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts
of its funds, properties, and business transactions, which accounts shall be open to inspection at
any reasonable time by the Parties, their attorneys, or their agents.
B. ANNUAL AUDIT. The Shelter shall cause to be conducted an “Annual Audit”
within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January 1st to
December 31st. The Annual Audit shall be conducted by an independent certified public
accountant, registered accountant, or partnership, or certified public accountants, or registered
accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of each
Annual Audit to the governing bodies of the respective Parties.
IX. REPORTS
A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a
comprehensive “Annual Report” of the Shelter’s activities and finances during the preceding
year and tender a copy of the Annual Report to the governing bodies of the respective Parties.
B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The
Shelter shall also prepare and present such reports as may be required by law, regulation, or
contract to any authorized federal, state, and/or local officials to whom such report is required to
be made in the course and operation of the Shelter.
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C.REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to
the Parties, at reasonable intervals, such reports and accountings as the Parties may from time to
time request.
PART 2. COUNTY-WIDE LICENSING PROGRAM/FUNDING FOR SHELTER
I.COUNTY-WIDE LICENSING PROGRAM
A.ORDINANCE ADOPTION. Each Party has adopted an ordinance which
establishes a dog licensing program and penalties within its jurisdiction. The dog licensing
ordinances adopted by the Parties shall be consistent with the County ordinance concerning
licensing of dogs and license fees; however, each Party has discretion to adopt its own penalties.
B.ENFORCEMENT. Each Party shall be responsible for enforcement of the
penalties for its dog licensing ordinance within their own jurisdiction. Each Party agrees to
actively pursue enforcement of said ordinance.
C.LICENSING ADMINISTRATOR DEFINED. The “Licensing Administrator” is
the entity delegated the authority by the Parties to issue licenses and collect fees for said dog
licenses on behalf of all Parties.
D.DOG LICENSES. The dog licenses shall all be identified as “County Dog
Licenses.”
E.DEPOSIT OF DOG LICENSING REVENUE. Except as otherwise provided for
herein, the Licensing Administrator shall deposit the Dog Licensing Revenue in the Operations
Fund on a monthly basis on the 10th of the following month.
DF. DELEGATION OF AUTHORITY. The Parties hereby have delegated authority
to the County to be the Licensing Administrator to issue licenses and collect fees for said dog
licenses on behalf of all Parties. A new Licensing Administrator may be appointed by written
approval of the Shelter Board. If the Licensing Administrator appointed is not a Party or the
Shelter, the Shelter Board shall enter into an agreement with the entity chosen to be the
Licensing Administrator to bind the new Licensing Administrator to the terms of this Amended
IGA and any other terms deemed necessary by the Shelter Board. Alternatively, if the Licensing
Administrator is a Party or the Shelter, the terms of Part 2., Section I.G. below shall apply.
E.DOG LICENSES. The dog licenses shall all be identified as “County Dog
Licenses.”
G.LICENSING ADMINISTRATOR’S ADMINISTRATIVE COSTS. On August
1st of each year this Amended IGA is in effect, the Licensing Administrator shall provide each
Party with a statement of the Licensing Administrator’s administrative costs directly attributable
to the operation of the Dog Licensing Program from January 1st through December 31st of each
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year, and the projected administrative costs for the upcoming year shall be due to the Shelter
Board for purposes of budgeting by the September Shelter Board meeting. The Licensing
Administrator shall retain the amount of the Licensing Administrator’s administrative costs from
the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be
entitled to payment for the cost of, at a maximum, one full time employee including salary,
benefits and overhead. The Licensing Administrator employee position shall be Administrative
Specialist I or II positions as currently defined by the County or equivalent positions. Any future
staffing needs, beyond those currently listed above, require approval of the Shelter Board. The
Licensing Administrator shall also be entitled to the cost of tags, mailers (for new tags and
renewals), postage, printing, maintenance/updates of dog licensing software and miscellaneous
office supplies, and any other costs directly attributable to the operation of the Dog Licensing
Program.
II. FUNDS AND OPERATIONS
A. DOG LICENSING FUND. All monies paid to the Licensing Administrator for
the licensing of dogs within the jurisdictions of all Parties shall be placed into a designated fund
(“Dog Licensing Fund”) except the funds due to the Licensing Administrator as provided in Part
2, Article II, Section B.
B. LICENSING ADMINISTRATOR’S ADMINISTRATIVE COSTS. On August
1st of each year this Amended IGA is in effect, the Licensing Administrator shall provide each
Party with a statement of the Licensing Administrator’s administrative costs directly attributable
to the operation of the Dog Licensing Program from January 1st through December 31st of each
year, and the projected administrative costs for the upcoming year shall be due to the Shelter
Board for purposes of budgeting by the September Shelter Board meeting. The Licensing
Administrator shall retain the amount of the Licensing Administrator’s administrative costs from
the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be
entitled to payment for the cost of, at a maximum, one full time employee including salary,
benefits and overhead. The Licensing Administrator employee position shall be Administrative
Specialist I or II positions as currently defined by the County or equivalent positions. Any future
staffing needs, beyond those currently listed above, require approval of the Shelter Board. The
Licensing Administrator shall also be entitled to the cost of tags, mailers (for new tags and
renewals), postage, printing, maintenance/updates of dog licensing software and miscellaneous
office supplies, and any other costs directly attributable to the operation of the Dog Licensing
Program.
C. DISBURSEMENT OF FUNDS. Except for the funds retained by the Licensing
Administrator each month for its administrative costs and expenses as provided in Part 2, Article
II, Section B, the funds contained in the Dog Licensing Fund shall be paid to the Shelter by the
Licensing Administrator on a monthly basis on the 10th of the following month as a contribution
from the Parties toward the operating costs of the Shelter or capital improvements or
maintenance costs of the Shelter as approved by the Shelter Board.
III. BOOKS AND RECORDS
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RECORD KEEPING. The Licensing Administrator shall maintain adequate and correct
accounts of the funds, which accounts shall be open to inspection at any reasonable time by the
Parties, their attorneys, or their agents.
IVIII.REPORTS
A.COMPLIANCE RATE. As used herein, “Compliance Rate” shall mean the rate
calculated by dividing:
1.the number of licenses issued for dogs residing in a Party’s Jurisdiction during
a one year Reporting Period by
2.the Estimated Dog Population in the Party’s Jurisdiction for the same
Reporting Period.
The target Compliance Rate for each Party is 20%.
B.ANNUAL REPORT. By February 1st of each year, the Licensing Administrator
shall prepare and present to the Shelter Board an annual report of the number of dogs licensed
during the prior year in each Party’s Jurisdiction, the estimated household population of each
Party’s Jurisdiction as reported in the most current publication by the State Demographer’s Office,
the Compliance Rate for each Party’s Jurisdiction and the funds collected during the prior year.
C.REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator
shall also render to the Parties reports and accountings as the Parties may from time to time
request.
PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY
A.DEBT SERVICE ASSESSMENT. 5.2 million dollars of the proceeds from the
COPs issued by the County were used to partially pay the cost for construction of the Facility.
The Parties agree that each City shall annually pay an assessment (“Debt Service Assessment”)
to the County to repay that portion of the debt service on the COPs attributable to the portion of
the proceeds used to fund the construction of the Facility (the “Facility Debt Service”) until the
COPs are defeased. The Facility Debt Service schedule (“Schedule”) is attached hereto as
Exhibit B and incorporated by reference. the The Schedule may be modified if the COPs are
refinanced as provided herein or to allow for prepayments or other events as deemed appropriate
by all the Parties. Each City’s annual Debt Service Assessment will be determined as follows:
1.Determine the Estimated Dog Population for each Party’s Jurisdiction as
of December 31st of each year.
2.Add the Estimated Dog Population for all the Parties together to determine
the Total Dog Population. Determine what percentage each Party’s
Estimated Dog Population is compared to the Total Dog Population for all
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of the Parties’ Jurisdictions combined (“Dog Population Percentage”).
Each City shall pay the County a portion of the Facility Debt Service equal to that City’s
Dog Population Percentage.
B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPs. By
August 1st of each year, the County shall prepare and present to the Shelter Board and the
governing bodies of the Parties a statement and invoice of the Facility Debt Service due from
January 1 to December 31 for the upcoming year, each Party’s Dog Population Percentage and
the Debt Service Assessment of each Party.
C. FACILITY DEBT SERVICE REPORT. The County shall provide the Parties
with a report each year stating the amount received each year and the balance owing.
D. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider
for appropriation the amounts computed as set forth above by the first day of January of the year
during which said monies are to be paid to the County. The Parties agree to pay the amounts for
the Facility Debt Service to the County by January 31st of the year during which said monies are
to be paid by the County for the debt service. All payments to the County pursuant to this
Amended IGA are subject to annual appropriation by both the County and each City hereto in the
manner required by statute. It is the intention of the Parties that no multiple-year fiscal debt or
other obligation be created by this Amended IGA.
E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to
the other Parties, at reasonable intervals, such other reports and accountings as the Parties may
from time to time request.
F. REFINANCING. The County shall have the right to refinance the debt on the
COPs if deemed beneficial to the County so long as the amount owed by the Cities for debt
service does not increase due to the refinancing.
PART 4. GENERAL CONTRACT TERMS
I. DEFAULT IN PERFORMANCE
A. DEFAULT. If any Party fails to make the payments to the Licensing
Administratorits Annual Contribution when due as provided by in Part 21, Article VII or
payments to the County as provided in Part 3, or to perform any of its covenants and
undertakings under this Amended IGA, the County or any other Party shall cause written notice
to be given to the City Manager or the County Manager (as the case may be) at the official
address of the defaulting Party of the termination of the Party’s participation in the Amended
IGA, unless such default is cured within thirty (30) days from the date of such notice. Upon
failure to cure said default within said thirty (30) day period, membership in the Shelter of the
defaulting Party shall thereupon terminate, and said defaulting Party shall thereafter have no
voting rights as a member of the Shelter at any regular or special meeting thereto, nor be entitled
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to representation on the Shelter Board, and said defaulting Party shall thereafter be denied
service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing
services to said defaulting Party. The defaulting Party whose participation is terminated under
this section of this Amended IGA shall forfeit all right, title, and interest in and to any Shelter
funds and in the Dog Licensing Fund or any right, title or interest in and to any property of the
Shelter to which said Party may otherwise be entitled upon the dissolution of this Amended IGA.
If a Party is in default of this Amended IGA for any reason other than nonappropriation of funds
for payment of an assessment to the County or payment to the Licensing Administrator for
placement in the Dog Licensing Fundits Annual Contribution or payments to the County as
provided for in Part 3, termination of the defaulting Party’s participation in the Amended IGA
shall not relieve the defaulting Party of the obligation to make the payments to the County as
provided in Part 3 or the Licensing Administrator for placement in the Dog Licensing Fund as
provided in Part 2, Article Vit Annual Contribution that were due prior to the defaulting Party’s
termination. This Section is not intended to limit the right of any Party under this Amended IGA
to pursue any or all other remedies it may have for breach of this Amended IGA. A Party who
fails to make the payments required by Part 2 or 3 for any reason other than nonappropriation of
funds shall be obligated to pay all costs of collection of said payment, including reasonable
attorneys’ fees. A City that fails to make the payments for any reason other than
nonappropriation of funds shall be obligated to pay interest at a default rate of 10% plus all costs
of collection of said payment, including reasonable attorneys’ fees.
B. PAYMENT DEFAULT/COPs. If any City fails to make the payments to the
County when due other than for non appropriation as set forth in Part 3, Section D that City shall
be in default. In the event of a payment default or non appropriation by any of the Cities, the
remaining Cities and County shall be responsible for the debt service amount owed by the
defaulting or non-appropriating City or Cities in the same ratio calculation set forth in Part 3
except the ratio shall be calculated without the defaulting Party or Parties inclusion in the ratio.
II. TERM, RENEWAL AND TERMINATION OF AMENDED IGA
A. TERM AND RENEWAL OF AMENDED IGA. As previously set forth in the
2012 Facility IGA, this Amended IGA shall remain in full force and effect for a term of 50 years
from July 1, 2012 or until sooner terminated by two-thirds of the Parties. The Parties entering
into this Amended IGA shall have the option to extend its term by amendment pursuant to Part 4,
Section III below.
B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES.
All Shelter property and animals shall remain at the Facility under the terms of this Amended
IGA. Entities not Parties to this Amended IGA who have animals at the Shelter that were placed
at the Shelter by the entity or residents living within the boundaries of the entity on effective date
of this Amended IGA shall pay a fee as set by the Shelter Board which may be per animal per
day as long as said animal remains at the Shelter.
C. TERMINATION BY WRITTEN NOTICE. This Amended IGA, or any Party’s
participation in this Amended IGA, may be terminated effective by written notice from the Party
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or Parties to the Shelter at least 180 days prior to January 1st of any given year. Any Party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for said Parties’ contributions to the County, the Shelter or the Licensing Administrator for
capital costs, assessments or any operating costs previously paid by said Party or any dog
licensing fees previously paid by its residents. Such Party shall be entitled to be readmitted to
the membership of the Shelter if approved by the Shelter Board and if the terminated Party has
paid all dollar amounts the terminated Party is in arrears under the terms of this Amended IGA.
D. TERMINATION WITHOUT REQUIRED NOTICE. If any Party elects to
terminate its participation in this Amended IGA prior to the end of any period of this Amended
IGA and not in accordance with subsection C of this section, such Party shall be considered in
default of this Amended IGA and accordingly shall forfeit its entire contribution to the Shelter.
Upon default, the defaulting Party shall forfeit all privileges and property that such Party
obtained as a result of its membership in this Shelter. Should a defaulting Party, at some later
date, seek readmission to the membership of the Shelter, such Party shall be required to meet the
requirements and contributions of any new Party seeking membership pursuant to the terms of
this Amended IGA.
E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon
termination by mutual agreement of two-thirds of the Parties, the powers granted to the Shelter
under this Amended IGA shall continue to the extent necessary to make an effective disposition
of the property, equipment, and animals under this Amended IGA. If the Amended IGA is
terminated the Shelter and the County shall cause the Lease Agreement with the County to be
terminated.
F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/
PAYMENT OF SHELTER LIABILITIES. Upon termination of this Amended IGA by mutual
agreement of two-thirds of the Parties, the Lease Agreement shall terminate in accordance with
its terms and improvements thereon located in Jefferson County shall revert to Jefferson County
for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination
of this Amended IGA and as an expense of termination shall be borne by each Party to the
Amended IGA in the same proportion as it is required to contribute to the Total Annual
Contribution assessments in Part 3 1 Section VII, whether such assessments have terminated or
not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of
the remaining Shelter liability and the proportion of each City shall be adjusted to pay the full
amount of the Shelter liability without the County participation.
G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION.
Termination of the Amended IGA for any reason other than nonappropriation of funds shall not
relieve the terminating Party of the obligation to make the payments to the Licensing
Administratorits Annual Contribution as provided in Part 2 1 or pay the Party’s assessment to the
County as provided in Part 3.
H. DISBURSEMENT OF FUND UPON TERMINATION. If this Amended IGA is
terminated, the Licensing Administrator shall first pay the County any monies it holds from the
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Dog Licensing Revenue, except its costs of administration prior to termination of the Amended
IGA, to pay the County for the cost of any remaining debt service on the COPs. The Shelter
shall pay any funds it holds beyond its expenses incurred prior to the termination of this
Amended IGA to the County to cover any remaining cost of the debt service on the COPs. This
provision and the provisions of Part 2, Article III, Section BG; Part 21, Article VII; Part 3; and
Part 4, Article I and Article II, shall survive termination of this Amended IGA.
III.AMENDMENT
This Amended IGA may be amended at any time in writing by agreement of all the
Parties to this Amended IGA.
IV.SEVERABILITY CLAUSE
If any provisions of this Amended IGA or the application thereof to any Party or
circumstances are held invalid, such invalidity shall not affect other provisions or applications of
the Amended IGA which can be given effect without the invalid provision or application, and to
this end, the provisions of the Amended IGA are declared to be severable.
V.COUNTERPARTS
This Amended IGA may be signed in counterparts, and each counterpart shall be deemed
an original, and all the counterparts taken as a whole shall constitute one and the same
instrument. The Amended IGA shall not be effective until executed by all Parties.
VI.NO THIRD PARTY BENEFICIARIES
Except as otherwise stated herein, this Amended IGA is intended to describe the rights
and responsibilities of and between the Parties and is not intended to, and shall not be deemed to,
confer rights upon any persons or entities not named as Parties, limit in any way governmental
immunity and other limited liability statutes for the protection of the Parties, nor limit the powers
and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be
deemed to create a partnership or joint venture between the Parties with respect to the subject
matter hereof.
VII.SUPERSEDES AND TERMINATES PRIOR AGREEMENTS
This Amended IGA supersedes and replaces all prior agreements dealing with formation
of the Shelter including, but not limited to, the Dog Licensing IGA, Facility Funding IGA, and
the 2012 Facility IGA, and any amendments to those IGAs.
VIII.NONDISCRIMINATORY POLICY
The Shelter shall make its services, facilities, and programs available to all persons
regardless of race, color, age, creed, national origin, sex, or disability.
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IX. NO GENERAL OBLIGATION INDEBTEDNESS
Because this Amended IGA will extend beyond the current fiscal year, the Parties
understand and intend that the obligation of the Parties to pay any costs hereunder constitutes a
current expense of the Parties payable exclusively from the Parties’ funds and shall not in any
way be construed to be a general obligation indebtedness of the Parties within the meaning of
any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory
indebtedness. None of the Parties haves pledged the full faith and credit of the state, or the
Parties to the payment of the charges hereunder, and this Amended IGA shall not directly or
contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to,
the payment of any costs.
X. NO ASSUMPTION OF LIABILITIES
By entering into and performing under this Amended IGA no Party is assuming any
liability for the acts or omissions of any other Party or third parties.
XI. ELECTRONIC SIGNATURES
The Parties approve the use of electronic signatures for execution of this Amended IGA.
All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. §24-71.3-101 through §24-71.3-121.
IN WITNESS WHEREOF, the Parties have executed this Amended IGA.
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AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT
BETWEEN JEFFERSON COUNTY AND THE CITIES OF ARVADA,
LAKEWOOD, WHEAT RIDGE, GOLDEN,
WESTMINSTER AND EDGEWATER
ANIMAL SHELTER/DOG LICENSING/FUNDING
THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT
(“Amended IGA”1), dated for reference purposes only this ____ day of ________________,
2021, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF
COLORADO, a body politic and corporate (the “County”); the CITY OF ARVADA, a
municipal corporation (“Arvada”); the CITY OF LAKEWOOD, a municipal corporation
(“Lakewood”); the CITY OF WHEAT RIDGE, a municipal corporation (“Wheat Ridge”); and
the CITY OF GOLDEN, a municipal corporation (“Golden”); the CITY OF
WESTMINSTER, a municipal corporation (“Westminster”) and the CITY OF
EDGEWATER, a municipal corporation (“Edgewater”)(collectively, the “Parties” and
individually a “Party”)(Arvada, Lakewood, Wheat Ridge, Golden, Westminster, and Edgewater
may be referred to individually as a “City” or collectively as the “Cities”).
RECITALS
1.C.R.S. Section 30-15-101(1) authorizes the board of county commissioners of each
county to establish an animal holding facility and engage personnel to operate it, provide
for the impoundment of animals, and to establish terms and conditions for the release or
other disposition of impounded animals.
2.C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter into an
intergovernmental agreement to provide for the control, licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a
county or municipal dog control or pet animal control licensing resolution or ordinance.
3.C.R.S. Section 31-15-401(m)(I) authorizes municipalities to regulate and control animals
within the municipality including, but not limited to, licensing, impoundment, and
disposition of impounded animals.
4.Part 2 of Article 1 of Title 29, C.R.S. permits and encourages governments to make the
most efficient and effective use of their powers and responsibilities by cooperating and
contracting with other governments.
5.Part 2 of Article 1 of Title 29, C.R.S. authorizes governments to contract with one
another to provide any function, service, or facility lawfully authorized to each of the
contracting units through the establishment of a separate legal entity.
1 The first use of a defined term is bolded and italicized for reference purposes.
ATTACHMENT 3
2
6. Pursuant to C.R.S. Section 30-11-107(1) the Parties are authorized to enter into
agreements for the joint use and occupation of public buildings.
7. The Parties (except Edgewater) entered into the June 20, 2007 Intergovernmental
Agreement (“Dog Licensing IGA”) implementing a County-Wide Dog Licensing
Program (“Dog Licensing Program”) which provided that the revenue from the Dog
Licensing Program would be used to construct a new animal shelter facility due to the
deterioration of the prior facility.
8. The Parties (except Edgewater) entered into the Intergovernmental Agreement dated
January 1, 2009 (“Facility Funding IGA”), in which the County agreed to issue
Certificates of Participation (“COPs”) in the amount of $5,200,000 that expire in 2029,
contribute $3,000,000, and to provide additional financing in the amount of $1,500,000.
In accordance with the terms of the Facility Funding IGA, the Parties have repaid the
County the $1,500,000.
9. The Parties entered into the Intergovernmental Agreement dated August 15, 2012
(“2012 Facility IGA”), that renamed the separate legal entity the Foothills Animal
Shelter (“Shelter”) and addressed the operation and administration of the Shelter’s
facility located at 580 McIntyre Street, Golden CO 80401 (“Facility”). The 2012 Facility
IGA, in part, superseded the Dog Licensing IGA and amended the Facility Funding IGA.
10. By this Amended IGA, the Parties desire to amend and restate the 2012 Facility IGA and
supersede and terminate the Dog Licensing IGA and the Facility Funding IGA to, in part,
provide for the Parties to pay an annual assessment for the operation of the Shelter and
use the revenue from the Dog Licensing Program to offset the cost of operating the
Shelter.
11. The Parties agree that each Party and its residents should contribute toward the funding
for the cost of capital construction of the Facility and operation and maintenance of the
Shelter pursuant to the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the
Parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is
understood and agreed as follows:
PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION
I. GENERAL PROVISIONS
A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The Parties
reaffirm the establishment of the separate legal entity known as the Foothills Animal Shelter,
which is responsible for the administration and operation of the Shelter and the Facility.
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B. FACILITY LEASE. The Shelter entered into the Lease Agreement dated August
9, 2010 (“Lease Agreement”) with the County for the Facility located at 580 McIntyre Street,
Golden CO 80401. The Shelter, for the purpose of organizing, administering, and operating the
central animal facility on the land so leased, will improve, maintain, and operate the Facility as
provided herein and as provided in the Lease Agreement.
C. JURISDICTION. As used herein, the “Jurisdiction” of each City shall be the
area within its municipal boundaries. The Jurisdictions of Arvada and Westminster include the
areas within their respective municipal boundaries within Adams County and Jefferson County.
The Jurisdiction of the County shall be the unincorporated area of the County.
D. REPORTING PERIOD. As used herein, the term “Reporting Period” shall mean
the period from January 1 to December 31 of each year.
II. POWERS OF THE SHELTER
A. GENERAL POWERS. The Parties agree the Shelter shall be empowered with the
authority to improve, construct, maintain, repair, control, regulate, and operate the Facility within
Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the Parties to
this Amended IGA and their constituents.
B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL
PROGRAMS. The principal purposes of the Shelter are (1) to retain in temporary custody and to
provide for the subsequent adoption or disposition of animals taken into possession by the
respective governing bodies or animals tendered to the Shelter by residents of the respective
governing bodies, and (2) to provide educational, volunteer and related programs to individuals
and the community to promote responsible pet ownership. As used herein, the term “animals”
shall include, but is not necessarily limited to, dogs, cats, all other domestic animals, and injured
wild animals if required.
C. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES.
In addition to providing temporary custody for said animals, the Shelter shall have the authority
to establish a clinic for the purpose of spaying and neutering animals, or any other animal
welfare related purposes as deemed appropriate by the governing Shelter Board of Directors
(“Shelter Board”).
D. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Parties further
agree the Shelter shall have the authority to contract and purchase all necessary supplies,
equipment, materials, and services, including professional services, and further to hire and
discharge employees as deemed necessary to operate the Shelter. The Shelter shall also have the
power to contract with other governing bodies who are not Parties to this Amended IGA to
provide the same temporary custody, adoption or disposition services provided for the Parties.
E. POWER TO SET FEES. The fees to be charged for services shall be established
by the Shelter Board, shall be uniform and reasonable, and shall supersede any fees previously
4
established by the respective governmental bodies. Fees for services provided to governing
bodies who are not Parties to this Amended IGA and their residents shall be set by the Shelter
Board and shall be set to include the costs for operation and maintenance of the Shelter and
capital costs of the Facility.
F. POWER TO LEASE PROPERTY. The Parties agree the Shelter is empowered
to negotiate and enter into a lease of the Facility which is suitable for an animal facility and
additional property if necessary.
III. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Shelter shall be
exercised and performed by and through the Shelter Board. Only Parties to this Amended IGA
shall be entitled to appoint a Director to serve on the Shelter Board.
B. APPOINTMENTS. Each Party shall designate and appoint one Director to serve
on the Shelter Board. Each Director shall be in regular attendance and participate in Shelter
meetings and activities. Each Director shall serve in accordance with the terms and conditions
set forth by the Party that appointed the Director. Each Party may also appoint an alternate board
member.
C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board
regularly scheduled in May of each year, the Shelter Board shall elect from its membership a
President, a Vice President (and President pro tem), a Secretary and a Treasurer, who will
assume their office at the following meeting. These officers shall serve until their successors
have been elected. The officers shall be elected by an affirmative vote of at least a majority of
the Shelter Board.
D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have
the power to promulgate bylaws and policies and procedures which shall establish the
organizational rules and policies and procedures for the management and operation of the
Shelter.
IV. CAPITAL IMPROVEMENT FUND
The Shelter has established or shall establish a “Capital Improvement Fund” equal to a
minimum of Five Hundred Thousand Dollars ($500,000) (“Minimum Threshold”). The uses to
which the Capital Improvement Fund may be put include, but are not necessarily limited to,
replacement of capital equipment, procurement of new capital equipment, and improvement or
expansion of the Facility. If funds are used from the Capital Improvement Fund, the Fund shall
be returned to the Minimum Threshold as soon as funds become available but within no more
than a two-year period from the date the fund fell below the Minimum Threshold. The Shelter
Board may adjust the Minimum Threshold above $500,000 on an annual basis if approved by a
two-thirds vote of all the Directors. Any adjustment of the Minimum Threshold below $500,000
shall require the approval of all Directors.
5
V.CONTINGENCY/EMERGENCY FUND ESTABLISHED
The Shelter has established or shall establish a contingency/emergency fund
(“Emergency Fund”) with a minimum of three months of operating expenses as calculated from
the prior year (“Minimum Balance”). The Emergency Fund shall be used to defray the costs of
unanticipated operating expense shortfalls. If funds are used from the Emergency Fund, the
Fund shall be returned to the Minimum Balance as soon as funds become available but within no
more than a two-year period from the date the fund fell below the Minimum Balance.
VI.BUDGET
Each year, the Shelter shall prepare a preliminary budget and submit said budget to the
Shelter Board. The budget shall contain detailed estimates of the operating costs of the
subsequent year. The budget shall be approved by the Shelter Board on or before September
30th of each year and shall be certified by the secretary and treasurer of the Shelter Board. The
final budget shall be provided to each of the governing bodies of the Parties no later than
December 15th of each year that this Amended IGA is in effect.
VII.OPERATIONS FUND AND SHELTER OPERATIONS
A.DESIGNATION OF OPERATIONS FUND. The Shelter and Parties agree that
the various monies paid to the Shelter from all sources of revenue including, without limitation,
the Dog Licensing Program, annual assessments, and any monies generated by the Shelter, shall
be placed into a designated fund (“Operations Fund”), and any operating expenses of the Shelter
shall be paid from the Operations Fund.
B.ANNUAL CONTRIBUTION TO OPERATIONS FUND. The “Annual
Contribution” of each Party shall be the sum of the actual Dog Licensing Program revenue
attributable to the Party (“Dog Licensing Revenue”) and the Party’s “Annual Assessment”
based on the formulas described below.
1.Total Annual Contribution. Each year the Shelter Board shall determine the
total Annual Contribution of the Parties to the Shelter, which shall be placed
in the Operations Fund.
2.Each Party’s Annual Contribution. Each Party’s individual portion of the
Annual Contribution shall be calculated based on the “Estimated Dog
Population” of its Jurisdiction divided by the sum of the Parties’ Estimated
Dog Populations. A Party’s Estimated Dog Population is calculated as
follows:
6
“Total Households”* of the Jurisdiction x 0.47** x 1.6***
* Based on 2018 Colorado State Demography Office data, to be updated yearly beginning on July 1.
** Estimated dog population per US Pet Ownership demographic source book.
*** Estimated dogs per household per US Pet Ownership demographic source book.
3. Annual Assessment. Each Party’s Annual Assessment shall be the amount of
its Annual Contribution minus its actual Dog Licensing Revenue attributable
to the Party from the previous fiscal year, per the Shelter’s Pet Licensing
Annual Report. A spreadsheet showing the calculations for each Party’s
Annual Assessment and other calculated terms is attached as Exhibit A.
C. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated
for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such
depositories as the Shelter shall from time to time designate.
D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it
approve any claims or incur any obligations for expenditures unless there is sufficient
unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same.
The provisions and terms set forth in Part 3 of this Amended IGA shall not be considered debt of
the Shelter.
VIII. BOOKS AND RECORDS
A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts
of its funds, properties, and business transactions, which accounts shall be open to inspection at
any reasonable time by the Parties, their attorneys, or their agents.
B. ANNUAL AUDIT. The Shelter shall cause to be conducted an “Annual Audit”
within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January 1st to
December 31st. The Annual Audit shall be conducted by an independent certified public
accountant, registered accountant, or partnership, or certified public accountants, or registered
accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of each
Annual Audit to the governing bodies of the respective Parties.
IX. REPORTS
A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a
comprehensive “Annual Report” of the Shelter’s activities and finances during the preceding
year and tender a copy of the Annual Report to the governing bodies of the respective Parties.
B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The
Shelter shall also prepare and present such reports as may be required by law, regulation, or
contract to any authorized federal, state, and/or local officials to whom such report is required to
be made in the course and operation of the Shelter.
7
C.REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to
the Parties, at reasonable intervals, such reports and accountings as the Parties may from time to
time request.
PART 2. COUNTY-WIDE LICENSING PROGRAM/FUNDING FOR SHELTER
I.COUNTY-WIDE LICENSING PROGRAM
A.ORDINANCE ADOPTION. Each Party has adopted an ordinance which
establishes a dog licensing program and penalties within its jurisdiction. The dog licensing
ordinances adopted by the Parties shall be consistent with the County ordinance concerning
licensing of dogs and license fees; however, each Party has discretion to adopt its own penalties.
B.ENFORCEMENT. Each Party shall be responsible for enforcement of the
penalties for its dog licensing ordinance within their own jurisdiction. Each Party agrees to
actively pursue enforcement of said ordinance.
C.LICENSING ADMINISTRATOR DEFINED. The “Licensing Administrator” is
the entity delegated the authority by the Parties to issue licenses and collect fees for said dog
licenses on behalf of all Parties.
D.DOG LICENSES. The dog licenses shall all be identified as “County Dog
Licenses.”
E.DEPOSIT OF DOG LICENSING REVENUE. Except as otherwise provided for
herein, the Licensing Administrator shall deposit the Dog Licensing Revenue in the Operations
Fund on a monthly basis on the 10th of the following month.
F.DELEGATION OF AUTHORITY. The Parties hereby have delegated authority
to the County to be the Licensing Administrator to issue licenses and collect fees for said dog
licenses on behalf of all Parties. A new Licensing Administrator may be appointed by written
approval of the Shelter Board. If the Licensing Administrator appointed is not a Party or the
Shelter, the Shelter Board shall enter into an agreement with the entity chosen to be the
Licensing Administrator to bind the new Licensing Administrator to the terms of this Amended
IGA and any other terms deemed necessary by the Shelter Board. Alternatively, if the Licensing
Administrator is a Party or the Shelter, the terms of Part 2., Section I.G. below shall apply.
G.LICENSING ADMINISTRATOR’S ADMINISTRATIVE COSTS. On August 1st of
each year this Amended IGA is in effect, the Licensing Administrator shall provide each Party
with a statement of the Licensing Administrator’s administrative costs directly attributable to the
operation of the Dog Licensing Program from January 1st through December 31st of each year,
and the projected administrative costs for the upcoming year shall be due to the Shelter Board for
8
purposes of budgeting by the September Shelter Board meeting. The Licensing Administrator
shall retain the amount of the Licensing Administrator’s administrative costs from the Dog
Licensing Program revenue on a monthly basis. The Licensing Administrator shall be entitled to
payment for the cost of, at a maximum, one full time employee including salary, benefits and
overhead. The Licensing Administrator employee position shall be Administrative Specialist I
or II positions as currently defined by the County or equivalent positions. Any future staffing
needs, beyond those currently listed above, require approval of the Shelter Board. The Licensing
Administrator shall also be entitled to the cost of tags, mailers (for new tags and renewals),
postage, printing, maintenance/updates of dog licensing software and miscellaneous office
supplies, and any other costs directly attributable to the operation of the Dog Licensing Program.
II. BOOKS AND RECORDS
The Licensing Administrator shall maintain adequate and correct accounts of the funds,
which accounts shall be open to inspection at any reasonable time by the Parties, their attorneys,
or their agents.
III. REPORTS
A. COMPLIANCE RATE. As used herein, “Compliance Rate” shall mean the rate
calculated by dividing:
1. the number of licenses issued for dogs residing in a Party’s Jurisdiction during
a one year Reporting Period by
2. the Estimated Dog Population in the Party’s Jurisdiction for the same
Reporting Period.
The target Compliance Rate for each Party is 20%.
B. ANNUAL REPORT. By February 1st of each year, the Licensing Administrator
shall prepare and present to the Shelter Board an annual report of the number of dogs licensed
during the prior year in each Party’s Jurisdiction, the estimated household population of each
Party’s Jurisdiction as reported in the most current publication by the State Demographer’s Office,
the Compliance Rate for each Party’s Jurisdiction and the funds collected during the prior year.
C. REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator
shall also render to the Parties reports and accountings as the Parties may from time to time
request.
PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY
A. DEBT SERVICE ASSESSMENT. 5.2 million dollars of the proceeds from the
COPs issued by the County were used to partially pay the cost for construction of the Facility.
The Parties agree that each City shall annually pay an assessment (“Debt Service Assessment”)
9
to the County to repay that portion of the debt service on the COPs attributable to the portion of
the proceeds used to fund the construction of the Facility (the “Facility Debt Service”) until the
COPs are defeased. The Facility Debt Service schedule (“Schedule”) is attached hereto as
Exhibit B and incorporated by reference. The Schedule may be modified if the COPs are
refinanced as provided herein or to allow for prepayments or other events as deemed appropriate
by all the Parties. Each City’s annual Debt Service Assessment will be determined as follows:
1. Determine the Estimated Dog Population for each Party’s Jurisdiction as
of December 31st of each year.
2. Add the Estimated Dog Population for all the Parties together to determine
the Total Dog Population. Determine what percentage each Party’s
Estimated Dog Population is compared to the Total Dog Population for all
of the Parties’ Jurisdictions combined (“Dog Population Percentage”).
Each City shall pay the County a portion of the Facility Debt Service equal to that City’s
Dog Population Percentage.
B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPs. By
August 1st of each year, the County shall prepare and present to the Shelter Board and the
governing bodies of the Parties a statement and invoice of the Facility Debt Service due from
January 1 to December 31 for the upcoming year, each Party’s Dog Population Percentage and
the Debt Service Assessment of each Party.
C. FACILITY DEBT SERVICE REPORT. The County shall provide the Parties
with a report each year stating the amount received each year and the balance owing.
D. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider
for appropriation the amounts computed as set forth above by the first day of January of the year
during which said monies are to be paid to the County. The Parties agree to pay the amounts for
the Facility Debt Service to the County by January 31st of the year during which said monies are
to be paid by the County for the debt service. All payments to the County pursuant to this
Amended IGA are subject to annual appropriation by both the County and each City hereto in the
manner required by statute. It is the intention of the Parties that no multiple-year fiscal debt or
other obligation be created by this Amended IGA.
E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to
the other Parties, at reasonable intervals, such other reports and accountings as the Parties may
from time to time request.
F. REFINANCING. The County shall have the right to refinance the debt on the
COPs if deemed beneficial to the County so long as the amount owed by the Cities for debt
service does not increase due to the refinancing.
PART 4. GENERAL CONTRACT TERMS
10
I. DEFAULT IN PERFORMANCE
A. DEFAULT. If any Party fails to make its Annual Contribution when due as
provided in Part 1, Article VII or payments to the County as provided in Part 3, or to perform
any of its covenants and undertakings under this Amended IGA, the County or any other Party
shall cause written notice to be given to the City Manager or the County Manager (as the case
may be) at the official address of the defaulting Party of the termination of the Party’s
participation in the Amended IGA, unless such default is cured within thirty (30) days from the
date of such notice. Upon failure to cure said default within said thirty (30) day period,
membership in the Shelter of the defaulting Party shall thereupon terminate, and said defaulting
Party shall thereafter have no voting rights as a member of the Shelter at any regular or special
meeting thereto, nor be entitled to representation on the Shelter Board, and said defaulting Party
shall thereafter be denied service by the Shelter. Further, the Licensing Administrator shall no
longer provide licensing services to said defaulting Party. The defaulting Party whose
participation is terminated under this section of this Amended IGA shall forfeit all right, title,
and interest in and to any Shelter funds and any right, title or interest in and to any property of
the Shelter to which said Party may otherwise be entitled upon the dissolution of this Amended
IGA. If a Party is in default of this Amended IGA for any reason other than nonappropriation of
funds for payment of its Annual Contribution or payments to the County as provided for in Part
3, termination of the defaulting Party’s participation in the Amended IGA shall not relieve the
defaulting Party of the obligation to make the payments to the County as provided in Part 3 or it
Annual Contribution that were due prior to the defaulting Party’s termination. This Section is
not intended to limit the right of any Party under this Amended IGA to pursue any or all other
remedies it may have for breach of this Amended IGA. A Party who fails to make the payments
required by Part 2 or 3 for any reason other than nonappropriation of funds shall be obligated to
pay all costs of collection of said payment, including reasonable attorneys’ fees. A City that fails
to make the payments for any reason other than nonappropriation of funds shall be obligated to
pay interest at a default rate of 10% plus all costs of collection of said payment, including
reasonable attorneys’ fees.
B. PAYMENT DEFAULT/COPs. If any City fails to make the payments to the
County when due other than for non appropriation as set forth in Part 3, that City shall be in
default. In the event of a payment default or non appropriation by any of the Cities, the
remaining Cities and County shall be responsible for the debt service amount owed by the
defaulting or non-appropriating City or Cities in the same ratio calculation set forth in Part 3
except the ratio shall be calculated without the defaulting Party or Parties inclusion in the ratio.
II. TERM, RENEWAL AND TERMINATION OF AMENDED IGA
A. TERM AND RENEWAL OF AMENDED IGA. As previously set forth in the
2012 Facility IGA, this Amended IGA shall remain in full force and effect for a term of 50 years
from July 1, 2012 or until sooner terminated by two-thirds of the Parties. The Parties entering
into this Amended IGA shall have the option to extend its term by amendment pursuant to Part 4,
Section III below.
11
B.CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES.
All Shelter property and animals shall remain at the Facility under the terms of this Amended
IGA. Entities not Parties to this Amended IGA who have animals at the Shelter that were placed
at the Shelter by the entity or residents living within the boundaries of the entity on effective date
of this Amended IGA shall pay a fee as set by the Shelter Board which may be per animal per
day as long as said animal remains at the Shelter.
C.TERMINATION BY WRITTEN NOTICE. This Amended IGA, or any Party’s
participation in this Amended IGA, may be terminated effective by written notice from the Party
or Parties to the Shelter at least 180 days prior to January 1st of any given year. Any Party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for said Parties’ contributions to the County, the Shelter or the Licensing Administrator for
capital costs, assessments or any operating costs previously paid by said Party or any dog
licensing fees previously paid by its residents. Such Party shall be entitled to be readmitted to
the membership of the Shelter if approved by the Shelter Board and if the terminated Party has
paid all dollar amounts the terminated Party is in arrears under the terms of this Amended IGA.
D.TERMINATION WITHOUT REQUIRED NOTICE. If any Party elects to
terminate its participation in this Amended IGA prior to the end of any period of this Amended
IGA and not in accordance with subsection C of this section, such Party shall be considered in
default of this Amended IGA and accordingly shall forfeit its entire contribution to the Shelter.
Upon default, the defaulting Party shall forfeit all privileges and property that such Party
obtained as a result of its membership in this Shelter. Should a defaulting Party, at some later
date, seek readmission to the membership of the Shelter, such Party shall be required to meet the
requirements and contributions of any new Party seeking membership pursuant to the terms of
this Amended IGA.
E.POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon
termination by mutual agreement of two-thirds of the Parties, the powers granted to the Shelter
under this Amended IGA shall continue to the extent necessary to make an effective disposition
of the property, equipment, and animals under this Amended IGA. If the Amended IGA is
terminated the Shelter and the County shall cause the Lease Agreement with the County to be
terminated.
F.STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/
PAYMENT OF SHELTER LIABILITIES. Upon termination of this Amended IGA by mutual
agreement of two-thirds of the Parties, the Lease Agreement shall terminate in accordance with
its terms and improvements thereon located in Jefferson County shall revert to Jefferson County
for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination
of this Amended IGA and as an expense of termination shall be borne by each Party to the
Amended IGA in the same proportion as it is required to contribute to the Total Annual
Contribution in Part 1 Section VII, whether such assessments have terminated or not except, if
the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining
Shelter liability and the proportion of each City shall be adjusted to pay the full amount of the
12
Shelter liability without the County participation.
G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION.
Termination of the Amended IGA for any reason other than nonappropriation of funds shall not
relieve the terminating Party of the obligation to make its Annual Contribution as provided in
Part 1 or pay the Party’s assessment to the County as provided in Part 3.
H. DISBURSEMENT OF FUND UPON TERMINATION. If this Amended IGA is
terminated, the Shelter shall pay any funds it holds beyond its expenses incurred prior to the
termination of this Amended IGA to the County to cover any remaining cost of the debt service
on the COPs. This provision and the provisions of Part 2, Article I, Section G; Part 1, Article
VII; Part 3; and Part 4, Article I and Article II, shall survive termination of this Amended IGA.
III. AMENDMENT
This Amended IGA may be amended at any time in writing by agreement of all the
Parties to this Amended IGA.
IV. SEVERABILITY CLAUSE
If any provisions of this Amended IGA or the application thereof to any Party or
circumstances are held invalid, such invalidity shall not affect other provisions or applications of
the Amended IGA which can be given effect without the invalid provision or application, and to
this end, the provisions of the Amended IGA are declared to be severable.
V. COUNTERPARTS
This Amended IGA may be signed in counterparts, and each counterpart shall be deemed
an original, and all the counterparts taken as a whole shall constitute one and the same
instrument. The Amended IGA shall not be effective until executed by all Parties.
VI. NO THIRD PARTY BENEFICIARIES
Except as otherwise stated herein, this Amended IGA is intended to describe the rights
and responsibilities of and between the Parties and is not intended to, and shall not be deemed to,
confer rights upon any persons or entities not named as Parties, limit in any way governmental
immunity and other limited liability statutes for the protection of the Parties, nor limit the powers
and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be
deemed to create a partnership or joint venture between the Parties with respect to the subject
matter hereof.
VII. SUPERSEDES AND TERMINATES PRIOR AGREEMENTS
This Amended IGA supersedes and replaces all prior agreements dealing with formation
of the Shelter including, but not limited to, the Dog Licensing IGA, Facility Funding IGA, and
13
the 2012 Facility IGA, and any amendments to those IGAs.
VIII.NONDISCRIMINATORY POLICY
The Shelter shall make its services, facilities, and programs available to all persons
regardless of race, color, age, creed, national origin, sex, or disability.
IX.NO GENERAL OBLIGATION INDEBTEDNESS
Because this Amended IGA will extend beyond the current fiscal year, the Parties
understand and intend that the obligation of the Parties to pay any costs hereunder constitutes a
current expense of the Parties payable exclusively from the Parties’ funds and shall not in any
way be construed to be a general obligation indebtedness of the Parties within the meaning of
any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory
indebtedness. None of the Parties have pledged the full faith and credit of the state, or the Parties
to the payment of the charges hereunder, and this Amended IGA shall not directly or
contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to,
the payment of any costs.
X.NO ASSUMPTION OF LIABILITIES
By entering into and performing under this Amended IGA no Party is assuming any
liability for the acts or omissions of any other Party or third parties.
XI.ELECTRONIC SIGNATURES
The Parties approve the use of electronic signatures for execution of this Amended IGA.
All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. §24-71.3-101 through §24-71.3-121.
IN WITNESS WHEREOF, the Parties have executed this Amended IGA.
14
ATTEST: COUNTY OF JEFFERSON,
STATE OF COLORADO
_______________________________
Deputy Clerk and Recorder By_____________________________
Lesley Dahlkemper, Chair
Board of County Commissioners
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Steven L. Snyder
Senior Assistant County Attorney
15
ATTEST: CITY OF ARVADA,
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
16
ATTEST: CITY OF LAKEWOOD
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
17
ATTEST: CITY OF GOLDEN
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
18
ATTEST: CITY OF WHEAT RIDGE
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
19
ATTEST: CITY OF WESTMINSTER
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
20
ATTEST: CITY OF EDGEWATER
STATE OF COLORADO
_______________________________
City Clerk By_____________________________
Name & Title: __________________
Date: _________________________
APPROVED AS TO FORM:
_______________________________
Office of the City Attorney
21
EXHIBIT A
Annual Assessment Calculations
(See Attached)
2021 Assessment Calculation
2021 Assessment/Licensing
Calc
Total
Households -
2019 (1)Est Dog Pop (2)Dogs per HH (2)Est Dog Pop
% of total est dog
population
Total
Contribution
Jefferson County 81,093 0.47 1.6 60,982 29.79%$476,569
Arvada 49,297 0.47 1.6 37,071 18.11%$289,710
Edgewater 2,469 0.47 1.6 1,857 0.91%$14,510
Golden 8,133 0.47 1.6 6,116 2.99%$47,796
Lakewood 71,436 0.47 1.6 53,720 26.24%$419,817
Westminster 44,727 0.47 1.6 33,635 16.43%$262,853
Wheat Ridge 15,101 0.47 1.6 11,356 5.55%$88,746
272,256 204,737 100.00%$1,600,000
Total
Contribution
Actual Licensing
Revenue July 2019-
June 2020 (3)
2021
Assessment
1. 2019 State Demography Office Jefferson County $476,569 $270,135 $206,434
2. 2018 US Pet Ownership demographic source book Arvada $289,710 $126,710 $163,000
3. From FAS Pet Licensing Annual Report July 1 2019-June 30 2020 Edgewater $14,510 $2,160 $12,350
Calculations follow 2019 City/County Manager agreed upon methodology.Golden $47,796 $22,275 $25,521
Data updated to reflect current year (most recent year) information.Lakewood $419,817 $185,360 $234,457
Westminster $262,853 $106,130 $156,723
Wheat Ridge $88,746 $32,060 $56,686
$1,600,000 $744,830 $855,170
NOTE: This exhibit contains the assessment calculation for 2021 and will be recalculated each year through the Shelter's budget adoption.
23
EXHIBIT B
Facility Debt Service Schedule
(See Attached)
Jefferson County
Refunding Certificates of Participation Series 2019
Foothills Animal Shelter
3,400,753
(Balance at Refunding 2019)
Debt Service Schedule
Coupon Total Annual
Principal Rate Interest Disbursements Disbursements
-------------------------------
01-Jun-20 85,018.83 85,018.83
01-Dec-20 $287,588 5.000%85,018.83 372,606.83 $457,625.66
01-Jun-21 77,829.13 77,829.13
01-Dec-21 $297,187 5.000%77,829.13 375,016.13 $452,845.26
01-Jun-22 70,399.45 70,399.45
01-Dec-22 $307,554 5.000%70,399.45 377,953.45 448,352.90
01-Jun-23 62,710.60 62,710.60
01-Dec-23 $318,689 5.000%62,710.60 381,399.60 444,110.20
01-Jun-24 54,743.38 54,743.38
01-Dec-24 $330,591 5.000%54,743.38 385,334.38 440,077.76
01-Jun-25 46,478.60 46,478.60
01-Dec-25 $343,262 5.000%46,478.60 389,740.60 436,219.20
01-Jun-26 37,897.05 37,897.05
01-Dec-26 $356,701 5.000%37,897.05 394,598.05 432,495.10
01-Jun-27 28,979.53 28,979.53
01-Dec-27 $370,907 5.000%28,979.53 399,886.53 428,866.06
01-Jun-28 19,706.85 19,706.85
01-Dec-28 $386,266 5.000%19,706.85 405,972.85 425,679.70
01-Jun-29 10,050.20 10,050.20
01-Dec-29 $402,008 5.000%10,050.20 412,058.20 422,108.40
-------------------------------------------------
$3,400,753 $987,627.24 $4,388,380.24 $4,388,380.24
==================================================
C:\Users\zjenkins\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\1EA0DROP\DS Schedule for
2019 COP Refunding
ITEM NO: 7
DATE: December 13, 2021
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 59-2021 – A RESOLUTION APPROVING AN AGREEMENT WITH THE MILE HIGH FLOOD DISTRICT AND THE CITY OF LAKEWOOD REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH AND TRIBUTARY H
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ __________________________ Community Development Director City Manager
ISSUE: The floodplain maps and master plan for Lena Gulch need to be updated to incorporate new regulatory flows that are currently being finalized by the Mile High Flood District (MHFD). An Intergovernmental Agreement (IGA) with MHFD and the City of Lakewood needs to be
executed to allow MHFD to complete the updates.
PRIOR ACTION: The City Council adopted the existing floodplain maps on January 13, 2014.
FINANCIAL IMPACT: Funding for this project has been approved in the 2022 Capital Improvement Program (CIP)
budget, line item 30-302-800-841 in the amount of $30,000. Each agency is responsible for its
share of the cost, as determined by creek length that traverses through each jurisdiction. This project will be administered by Mile High Flood District. A standard agreement has been prepared by MHFD to address participation by the local agencies in the project. MHFD will cover all the cost, $125,000, for the FHAD update, which is typical. The estimated cost of the
MDP update is $135,000, with MHFD financing almost 60%. The City is responsible for the
Council Action Form – Lena Gulch MHFD IGA December 13, 2021
Page 2
22% ($30,000) and Lakewood is responsible for the remaining 19% ($25,000). The MDP update costs are summarized below
Master Plan Maximum
Percentage Share Contribution
MHFD 59.26% $80,000 Wheat Ridge 22.22% $30,000 Lakewood 18.52% $25,000
Total 100.00% $135,000
BACKGROUND: Lena Gulch is a major drainageway traversing the City for almost 2.5 miles, entering near the southwest corner of the City and flowing into Clear Creek downstream of Kipling Street. In addition to parks and open space, land use adjacent to Clear Creek is predominately residential
with some areas of commercial development. The last master plan and floodplain map update
was completed in 2007 to reflect changes to the drainageway since the last mapping was done in 1975.
MHFD manages the updates of the FHADs with the jurisdictions as participating partners. The FHADs will eventually become the official floodplain maps after being reviewed and approved
by the Federal Emergency Management Agency (FEMA). MHFD also manages the updates to
the MDPs, that will be used by local jurisdictions to identify potential floodplain improvement projects.
The hydrology analysis for Lena Gulch was started in 2020 as a part of MHFD’s regionwide update to the hydrologic models for the various drainageways within their boundary. The
hydrology update is almost complete and will provide the regulatory flows that will be used to
then update the floodplain mapping and the master plan. Both the hydrology and floodplain mapping updates will be submitted to FEMA for review and approval before being incorporated into the City’s floodplain mapping.
Golden and Jefferson County helped fund the hydrology study because updated flows were
needed for a drainage project in Golden. Both entities will also be partners moving forward but
already have an IGA with MHFD due to the hydrology work.
Lakewood is a partner in this IGA and will be joining the current update project, along with the City, as the work starts on the FHAD and MDP in early 2022. The updated FHAD will replace the 2007 FHAD and eventually the current floodplain maps. Having the City’s floodplain maps
updated is critical to accurately communicate the risk to the residents that live along Lena Gulch.
The Major Drainageway Planning will be updated to identify and conceptually design projects to reduce maintenance and flood risk for the properties along Lena Gulch. The designs in the current 2007 MDP are based on more urban channel design and will be revised to be more compatible with the natural environment along this portion of Lena Gulch.
Council Action Form – Lena Gulch MHFD IGA December 13, 2021
Page 3
RECOMMENDATIONS: Staff recommends approving the IGA with MHFD and the City of Lakewood to update the
FHAD and MDP for Lena Gulch so that the flood plain maps will more accurately reflect the
current conditions and the master plan can be revised to include more natural proposed improvements.
RECOMMENDED MOTION: I move to approve Resolution No. 59-2021, a resolution approving an agreement with the Mile
High Flood District and the City of Lakewood regarding funding of Major Drainageway
Planning and Flood Hazard Area Delineation for Lena Gulch and Tributary H.” Or,
“I move to table Resolution No. 59-2021, a resolution approving an agreement with the Mile
High Flood District and the City of Lakewood regarding funding of Major Drainageway Planning and Flood Hazard Area Delineation for Lena Gulch and Tributary H, for the following reason(s) _______________________________________________________________.”
REPORT PREPARED BY:
Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 59-2021 2. Exhibit A - Agreement regarding funding of Major Drainageway Planning and Flood Hazard Area Delineation for Lena Gulch and Tributary H
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 59-2021 Series of 2021
TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH THE MILE HIGH FLOOD DISTRICT AND THE CITY OF LAKEWOOD REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH
AND TRIBUTARY H
WHEREAS, a standard agreement between Mile High Flood District, City of Wheat Ridge, and City of Lakewood has been prepared regarding Major Drainageway Planning and Flood Hazard Delineation for Lena Gulch; and
WHEREAS, these entities recognize the need for a study update to reflect the
recent changes in hydrology which affect the drainage basin and the changes that have
occurred in the basin over the years since the original planning was done in 2007, and to accurately project floodplain limits; and
WHEREAS, the estimated cost of the study is $260,000, with the Mile High Flood District financing 78.85% of the total project; and
WHEREAS, the City of Wheat Ridge’s portion of project funds would be 11.54%
of the total project cost in the amount of $30,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Agreement Approved. The Agreement with the Mile High Flood District
regarding funding of Major Drainageway Planning and Flood Hazard Area Delineation for Lena Gulch and Tributary H, in the form attached as Exhibit A, is hereby approved.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 13th day of December 2021.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Agreemewnt No. 21-07.22 1
AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING
AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH AND TRIBUTARY H
Agreement No. 21-07.22 Project No. 107861 Agreement Amount $260,000
THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT"), CITY OF
LAKEWOOD (hereinafter called "LAKEWOOD") and CITY OF WHEAT RIDGE (hereinafter called
"WHEAT RIDGE"); (hereinafter LAKEWOOD and WHEAT RIDGE shall be collectively known as
"PROJECT SPONSORS" and DISTRICT and PROJECT SPONSORS shall be collectively known as
"PARTIES");
WITNESSETH THAT:
WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of
1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning
measures; and
WHEREAS, DISTRICT has previously established a Work Program for 2021 (Resolution No. 66,
Series of 2020) which includes master planning; and
WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan and
a flood hazard area delineation (FHAD) report for Lena Gulch and Tributary H (hereinafter called
"PROJECT"); and
WHEREAS, DISTRICT’s Board of Directors has authorized DISTRICT financial participation for
PROJECT (Resolution No. 86, Series of 2019); and
WHEREAS, PARTIES desire to acquire mapping needed to conduct the engineering studies for
PROJECT; and
WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional
advice and to compile information, evaluate, study, and recommend design solutions to such drainage
problems for PROJECT which are in the best interest of PARTIES.
NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto
agree as follows:
1.SCOPE OF AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2.PROJECT AREA
DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary
services in connection with and respecting the planning of PROJECT of the area and watershed
shown on the attached Exhibit A (hereinafter called "AREA").
EXHIBIT A
Agreemewnt No. 21-07.22 2
3. SCOPE OF PROJECT
The purpose of PROJECT is to develop a drainageway master plan and FHAD, including
hydrologic information and the locations, alignments, and sizing of storm sewers, channels,
detention/retention basins, and other facilities and appurtenances needed to provide efficient
stormwater drainage within AREA. The proposed work shall include, but not be limited to,
mapping; compilation of existing data; necessary field work; and development and consistent
evaluation of all reasonable alternatives so that the most feasible drainage and flood control master
plan can be determined and justified for AREA. Consideration shall be given to costs, existing and
proposed land use, existing and proposed drainage systems, known drainage or flooding problems,
known or anticipated erosion problems, stormwater quality, right-of-way needs, existing wetlands
and riparian zones, open space and wildlife habitat benefits, and legal requirements. Schematic
alternative plans shall be developed such that comparison with other alternatives can be made.
Drainage system planning shall be done in four phases by the engineer engaged by DISTRICT,
culminating in a drainage master plan report. During the first phase, the selected engineer shall
perform all data gathering and modeling needed to prepare the baseline hydrology section of the
master plan report containing an introduction, study area description, and hydrologic analysis
description. During the second phase, the engineer shall perform all analysis needed to prepare and
submit the FHAD report. During the third phase, the engineer shall perform all studies and data
gathering needed to prepare the alternatives analysis sections of the master plan report containing a
hydraulic analysis discussion, schematics of alternatives developed, and their costs along with a
discussion of the pros and cons of each alternative and a recommended plan. A single alternative
will be selected by PARTIES after the review and evaluation of the alternatives analysis report.
During the fourth phase, the engineer shall be directed to prepare a conceptual design for the
selected alternative and prepare the conceptual design section of the master plan report.
DISTRICT, in coordination with PROJECT SPONSORS, will send notifications of change in flood
risk potential to all property owners affected by the new floodplain delineation based on contact
information provided by PROJECT SPONSORS.
4. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit
to the inhabitants of PARTIES and to their property therein.
5. PROJECT COSTS
PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be
limited to, mapping, master planning, FHAD and related services and contingencies mutually
agreeable to PARTIES. Project costs are estimated not to exceed $260,000.
6. FINANCIAL COMMITMENTS OF PARTIES
PARTIES shall each contribute the following percentages and maximum amounts for PROJECT
costs as defined in Paragraphs 5:
Agreemewnt No. 21-07.22 3
Master Plan Maximum FHAD
Percentage Share Contribution Contribution
DISTRICT 59.26% $80,000 $125,000
LAKEWOOD 18.52% $25,000 -
WHEAT RIDGE 22.22% $30,000 -
TOTAL 100.00% $135,000 $125,000
Past PROJECT SPONSORS, under separate Agreement Nos. 20-01.11 and 20-09.35, have
contributed $55,000 for PROJECT with 2020 funding. DISTRICT previously contributed $20,000
to the Master Plan under Agreement 20-01.11 for PROJECT with 2020 funding.
Each PARTY’S payment obligation, whether direct or contingent, extends only to funds
appropriated annually by each PARTY’S governing body, paid into the treasury of that PARTY,
and encumbered for the purpose of this AGREEMENT. Each PARTY does not by this Agreement
irrevocably pledge present cash reserves for payment or performance in future fiscal years. This
Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or
financial obligation of each PARTY.
7.MANAGEMENT OF FINANCES
As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of
1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may
come from its own revenue sources or from funds received from state, federal or other sources of
funding without limitation and without prior DISTRICT approval.
Payment by DISTRICT of $40,000 has already been made. Payment of each party's full share
(LAKEWOOD - $25,000; WHEAT RIDGE - $30,000 DISTRICT - $205,000) shall be made to
DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment
by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay
for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall
provide a periodic accounting of PROJECT funds as well as a periodic notification to PROJECT
SPONSORS of any unpaid obligations. Any interest earned by the monies contributed by
PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such
interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13).
Within one year of completion of PROJECT if there are monies including interest earned
remaining which are not committed, obligated, or disbursed, each party shall receive a share of
such monies, which shares shall be computed as were the original shares; or, at PROJECT
SPONSORS request, PROJECT SPONSORS share of remaining monies shall be transferred to
another special fund held by DISTRICT.
8.PROJECT MAPPING
No new mapping is anticipated under this Agreement for PROJECT. Upon execution of this
Agreement, PROJECT SPONSORS shall provide copies of the most recent mapping within their
Agreemewnt No. 21-07.22 4
jurisdictional area in digital format to DISTRICT to the extent such mapping is available without
additional cost.
9. MASTER PLANNING AND FHAD
Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to
PARTIES. DISTRICT, with the approval of PROJECT SPONSORS, shall contract with the
selected engineer, shall administer the contract, and shall supervise and coordinate the planning for
the development of alternatives and of conceptual design.
10. PUBLISHED REPORTS AND PROJECT DATA
DISTRICT will provide to each of PROJECT SPONSORS access to the draft and final electronic
report files.
Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and
hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to any
PROJECT SPONSORS requesting such data.
11. TERM OF THE AGREEMENT
The term of this Agreement shall commence upon execution by all PARTIES and shall terminate
two years after the final master planning report is delivered to DISTRICT and the final accounting
of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 7 herein.
12. LIABILITY
Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from
its own acts or omissions and may insure against such possibilities as appropriate.
13. CONTRACTING OFFICERS
A. The contracting officer for LAKEWOOD shall be the City Manager, 480 South Allison
Parkway, Lakewood, Colorado 80226.
B. The contracting officer for WHEAT RIDGE shall be the Director of Public Works, 7500
West 29th Avenue, Wheat Ridge, Colorado 80033.
C. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th
Avenue, Suite 156B, Denver, Colorado 80211.
D. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-
related issues between PARTIES, shall attend all progress meetings, and shall be responsible
for providing all available PROJECT-related file information to the engineer upon request
by DISTRICT or PROJECT SPONSOR. Said representatives shall have the authority for all
approvals, authorizations, notices, or concurrences required under this Agreement.
However, in regard to any amendments or addenda to this Agreement, said representative
shall be responsible to promptly obtain the approval of the proper authority.
Agreemewnt No. 21-07.22 5
14.RESPONSIBILITIES OF PARTIES
DISTRICT shall be responsible for coordinating with PROJECT SPONSORS the information
developed by the various consultants hired by DISTRICT and for obtaining all concurrences from
PROJECT SPONSORS needed to complete PROJECT in a timely manner. PROJECT
SPONSORS agree to review all draft reports and to provide comments within 21 calendar days
after the draft reports have been provided by DISTRICT to PROJECT SPONSORS. PROJECT
SPONSORS also agree to evaluate the alternatives presented in the alternatives analysis sections of
the report, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar
days after the alternatives analysis report is provided to PROJECT SPONSORS by DISTRICT.
15.AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding.
16.SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable
clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or
provisions shall be given full force and effect.
17.APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado and venue for the same shall lie in the County where the Project is located.
18.ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
19.BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective successors and permitted assigns.
20.ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages, or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21.TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30) days’ written notice by any party to this
Agreement, but only if there are no contingent, outstanding contracts. If there are contingent,
outstanding contracts, this Agreement may only be terminated upon the cancellation of all
contingent, outstanding contracts. All costs associated with the cancellation of the contingent
contracts shall be shared between PARTIES in the same ratio(s) as were their contributions.
Agreemewnt No. 21-07.22 6
22. PUBLIC RELATIONS
It shall be at PROJECT SPONSOR’s sole discretion to initiate and to carry out any public relations
program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact
it may have on them. Technical information shall be presented to the public by the selected
engineer. In any event DISTRICT shall have no responsibility for a public relations program, but
shall assist PROJECT SPONSOR as needed and appropriate.
23. GOVERNMENTAL IMMUNITIES
The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any
PARTY of any rights, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or
otherwise available at law or equity.
24. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse to
hire, discharge, promote or demote, or to discriminate in matters of compensation against any
person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin,
gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental
disability and further agrees to insert the foregoing provision in all subcontracts hereunder.
25. APPROPRIATIONS
Notwithstanding any other term, condition, or provision herein, each and every obligation of
PROJECT SPONSORS and/or DISTRICT stated in this Agreement is subject to the requirement of
a prior appropriation of funds therefore by the appropriate governing body of each PROJECT
SPONSOR and/or DISTRICT.
26. NO THIRD PARTY BENEFICIARIES
It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to
PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PROJECT SPONSORS or DISTRICT receiving services
or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
27. WORKER WITHOUT AUTHORIZATION
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of workers without authorization in compliance with §8-
17.5-101 C.R.S. et seq. The following language shall be included in any contract for public
services:
A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or
contract with a worker without authorization who will perform work under this Agreement.
Agreemewnt No. 21-07.22 7
B.CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101(3.7),
C.R.S., to confirm the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement.
C.CONTRACTOR shall not knowingly employ or contract with a worker without
authorization to perform work under this Agreement.
D.CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that
fails to certify to CONTRACTOR that it shall not knowingly employ or contact with a
worker without authorization to perform work under this Agreement.
E.CONTRACTOR shall confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement through participation in the E-
Verify Program.
F.CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake
pre-employment screening of job applicants while performing its obligation under this
Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal
requirements related to use of the E-Verify Program including, by way of example, all
program requirements related to employee notification and preservation of employee rights.
G.If CONTRACTOR obtains actual knowledge that a subconsultant or subcontractor
performing work under this Agreement knowingly employs or contract with a worker
without authorization, it will notify such subconsultant or subcontractor and PARTIES
within three (3) days. CONTRACTOR shall also then terminate such subconsultant or
subcontractor if within three (3) days after such notice the subconsultant or subcontractor
does not stop employing or contracting with the illegal alien, unless during such three (3)
day period the subconsultant or subcontractor provides information to establish that the
subconsultant or subcontractor has not knowingly employed or contracted with a worker
without authorization.
H.CONTRACTOR shall comply with any reasonable request made in the course of an
investigation by the Colorado Department of Labor and Employment under authority of § 8-
17.5-102(5), C.R.S.
I.CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for
employment to perform work under this Agreement, affirms that it has examined the legal
work status of such employees, retained file copies of the documents required by 8 U.S.C.
Section 1324a, and not altered or falsified the identification documents for such employees.
CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES.
28.EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES
This Agreement, and all subsequent documents requiring the signatures of PARTIES to this
Agreement, may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same instrument. PARTIES approve the use
of electronic signatures for execution of this Agreement, and all subsequent documents requiring
Agreemewnt No. 21-07.22 8
the signatures of PARTIES to this Agreement. Only the following two forms of electronic
signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents
requiring the signatures of PARTIES to this Agreement.
A. Electronic or facsimile delivery of a fully executed copy of a signature page; or
B. The image of the signature of an authorized signer inserted onto PDF format documents.
Documents requiring notarization may also be notarized by electronic signature, as provided
above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic
Transactions Act, §§ 24-71.3-101-121, C.R.S.
WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year written below.
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director Date
CITY OF WHEAT RIDGE
(SEAL) By
Name: Bud Starker ATTEST: Title: Mayor Date Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney
Agreemewnt No. 21-07.22 9
CITY OF LAKEWOOD
(SEAL) By Kathleen E. Hodgson, City Manager ATTEST: Date Bruce Roome, City Clerk APPROVED AS TO FORM:
Gregory D. Graham, Deputy City Attorney RECOMMENDED FOR APPROVAL:
Jay N. Hutchison, Director of Public Works Chris Proper, Project Engineer APPROVED AS TO FUNDING (if $5,000 or greater):
Holly Björklund, Chief Financial Officer
AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING
AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH AND TRIBUTARY H Agreement No. 21-07.22 Project No. 107861 Agreement Amount $260,000 Exhibit A:
AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING
AND FLOOD HAZARD AREA DELINEATION FOR LENA GULCH AND TRIBUTARY H
Agreement No. 21-07.22 Project No. 107861 Agreement Amount $260,000
Exhibit B:
Sponsor MDP FHAD IGA 2020 2021 2020 2021
Mile High Flood District $20,000 $80,000 $20,000 $125,000 All
Golden $20,000 20-01.11
Jefferson County $35,000 20-09.35
Wheat Ridge $30,000 21-07.22Lakewood $25,000
Total $210,000 $145,000