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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: 1.Provide comment in advance at www.wheatridgespeaks.org (comment by noon onDecember 13, 2021) 2.Virtually attend and participate in the meeting through a device or phone: •Click here to join and provide public comment •Or call +1-669-900-6833 with Access Code: 828 0595 8992 •Passcode: 064031 3.View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL or translation service for languages other than English are asked to contact the Public Information Officer at 303- 235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes October 25, 2021 (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. LE G A L D E S C R I P T I O N CH A R A C T E R O F D E V E L O P M E N T                     I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D O H E R E B Y C E R T I F Y T H A T T H E S U R V E Y O F T H E B O U N D A R Y O F T H E C L E A R C R E E K C R O S S I N G DE V E L O P M E N T W A S M A D E B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N A N D T O T H E B E S T O F M Y K N O W L E D G E , I N F O R M A T I O N A N D B E L I E F , I N AC C O R D A N C E W I T H A L L A P P L I C A B L E C O L O R A D O S T A T U T E S , C U R R E N T R E V I S E D E D I T I O N A S A M E N D E D , T H E A C C O M P A N Y I N G P L A N A C C U R A T E L Y RE P R E S E N T S S A I D S U R V E Y . CA S E H I S T O R Y TH E B E L O W - S I G N E D O W N E R ( S ) , O R L E G A L L Y D E S I G N A T E D A G E N T ( S ) T H E R E O F , D O H E R E B Y A G R E E T H A T T H E P R O P E R T Y L E G A L L Y D E S C R I B E D HE R E O N W I L L B E D E V E L O P E D A S A P L A N N E D D E V E L O P M E N T I N A C C O R D A N C E W I T H T H E U S E S , R E S T R I C T I O N S A N D C O N D I T I O N S C O N T A I N E D I N TH I S P L A N , A N D A S M A Y O T H E R W I S E B E R E Q U I R E D B Y L A W . I ( W E ) F U R T H E R R E C O G N I Z E T H A T T H E A P P R O V A L O F R E Z O N I N G T O P L A N N E D DE V E L O P M E N T , A N D A P P R O V A L O F T H I S O U T L I N E D E V E L O P M E N T P L A N , D O E S N O T C R E A T E A V E S T E D P R O P E R T Y R I G H T . V E S T E D P R O P E R T Y RI G H T S M A Y O N L Y A R I S E A N D A C C R U E P U R S U A N T T O T H E P R O V I S I O N S O F S E C T I O N 2 6 - 1 2 1 O F T H E W H E A T R I D G E C O D E O F L A W S . OW N E R ' S C E R T I F I C A T E U N I F I E D C O N T R O L S T A T E M E N T CI T Y C E R T I F I C A T I O N JE F F E R S O N C O U N T Y C L E R K & R E C O R D E R AT T E S T CI T Y C L E R K M A Y O R CO M M U N I T Y D E V E L O P M E N T D I R E C T O R ST A T E O F C O L O R A D O ) ) SS CO U N T Y O F D E N V E R ) TH E F O R E G O I N G I N S T R U M E N T W A S A C K N O W L E D G E D B E F O R E M E T H I S _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , A . D . 2 0 1 8 BY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . WI T N E S S M Y H A N D A N D O F F I C I A L S E A L . M Y C O M M I S S I O N E X P I R E S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NO T A R Y P U B L I C ST A T E O F C O L O R A D O ) ) S S CO U N T Y O F J E F E R S O N ) I H E R E B Y C E R T I F Y T H I S P L A N W A S F I L E D I N T H E O F F I C E O F T H E C O U N T Y C L E R K A N D R E C O R D E D O F J E F F E R S O N C O U N T Y A T GO L D E N , C O L O R A D O , A T _ _ _ _ _ O ' C L O C K _ _ _ _ _ . M . O N T H E _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ _ _ _ _ , A . D . , I N B O O K _ _ _ _ _ , PA G E _ _ _ _ _ , R E C E P T I O N N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . JE F F E R S O N C O U N T Y C L E R K A N D R E C O R D E R BY : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ DE P U T Y AP P R O V E D B Y T H E C I T Y O F W H E A T R I D G E T H I S _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ , _ _ _ _ _ _ . EV E R G R E E N - 4 0 T H & C L E A R C R E E K A P A R T M E N T S , L . L . C . VI C I N I T Y M A P PR O J E C T T E A M NO R T H PR E P A R E D F O R : EV E R G R E E N - C L E A R C R E E K C R O S S I N G , L . L . C . 18 7 3 S . B E L L A I R E S T R E E T SU I T E 1 2 0 0 DE N V E R , C O 8 0 2 2 2 EN G I N E E R : HA R R I S K O C H E R S M I T H 11 2 0 L I N C O L N S T R E E T , S U I T E 1 0 0 0 DE N V E R , C O 8 0 2 0 3 PL A N N I N G & L A N D S C A P E A R C H I T E C T U R E : NO R R I S D E S I G N 11 0 1 B A N N O C K S T R E E T DE N V E R , C O 8 0 2 0 4 01 OF 03COVER SHEET SU R V E Y O R ' S C E R T I F I C A T E GE N E R A L N O T E TH I S O U T L I N E D E V E L O P M E N T P L A N I S C O N C E P T U A L I N N A T U R E . S P E C I F I C D E V E L O P M E N T E L E M E N T S S U C H A S S I T E L A Y O U T A N D B U I L D I N G AR C H I T E C T U R E H A V E N O T B E E N A D D R E S S E D O N T H I S D O C U M E N T . A S A R E S U L T , A S P E C I F I C D E V E L O P M E N T P L A N M U S T B E S U B M I T T E D A N D AP P R O V E D B Y T H E C I T Y O F W H E A T R I D G E P R I O R T O T H E S U B M I T T A L O F B U I L D I N G P E R M I T A P P L I C A T I O N A N D A N Y S U B S E Q U E N T S I T E DE V E L O P M E N T . NT S 3 2 n d A v e . AP P L E W O O D GO L F C O U R S E C L E A R C R E E K T O M C I N T Y R E I- 7 0 CL E A R C R E E K C R O S S I N G – P L A N N I N G A R E A 9 I S P L A N N E D A S A N E X T E N S I O N O F T H E P R E V I O U S L Y A P P R O V E D H O M E S T E A D D I S T R I C T WI T H I N T H E C L E A R C R E E K C R O S S I N G P M U D F O C U S E D O N P R O V I D I N G M U L T I F A M I L Y R E S I D E N T I A L U S E S , I N C L U D I N G A P A R T M E N T S A N D / O R TO W N H O M E F O R M A T S . T H E A D D I T I O N O F T H I S A P P R O X I M A T E L Y 1 3 . 1 - A C R E S I T E W O U L D P R O V I D E M U C H N E E D E D R E S I D E N T I A L U N I T S F O R TH E C I T Y O F W H E A T R I D G E ’ S Q U I C K L Y G R O W I N G C O M M U N I T Y , D E S I G N E D A N D C O N S T R U C T E D I N A C C O R D I N G T O T H E R E Q U I R E M E N T S O F TH E U S E A N D I N C O N S I D E R A T I O N O F T H E C H A R A C T E R I S T I C S O F T H E S I T E . T H E H O M E S T E A D E X T E N S I O N W I L L P L A C E P R I O R I T Y O N CI R C U L A T I O N A N D W A L K - A B I L I T Y T O O T H E R D I S T R I C T S A S W E L L A S T H E A D J A C E N T C L E A R C R E E K T R A I L S Y S T E M . A P A R C E L O F L A N D B E I N G A L L O F L O T 1 , B L O C K 5 A N D A P O R T I O N O F L O T 2 , B L O C K 5 , C L E A R C R E E K C R O S S I N G F I L I N G N O . 3 R E C O R D E D A T RE C E P T I O N N U M B E R 2 0 1 9 0 8 7 6 8 1 , L O C A T E D I N T H E N O R T H E A S T Q U A R T E R O F S E C T I O N 3 0 A N D T H E S O U T H E A S T Q U A R T E R O F S E C T I O N 2 9 , TO W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , C I T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O TO T A L A R E A O F P L A N N I N G A R E A 9 : H O M E S T E A D D I S T R I C T - E X P A N S I O N = 5 7 0 , 6 3 6 S Q . F T . ( 1 3 . 1 0 A C R E S ) M O R E O R L E S S NO T E : F I N A L L A N D A R E A V A L U E S M A Y V A R Y B A S E D O N R E Q U I R E D C I T Y R O W D E D I C A T I O N F O R C L E A R C R E E K D R I V E . 40 t h A v e . YO U N G F I E L D S t . SH E E T I N D E X AN X - 0 5 - 0 1 , S U P - 0 5 - 0 1 , W Z - 0 5 - 0 1 , W Z - 0 5 - 0 2 , S U P - 0 5 - 0 4 , S U P - 0 6 - 0 5 , WZ - 0 6 - 0 3 , W S - 0 6 - 0 1 , M S - 0 6 - 0 9 , M S - 0 6 - 1 0 , S U P - 1 0 - 0 1 , A N X - 1 1 - 0 1 , WZ - 1 1 - 0 1 , W Z - 1 1 - 0 2 , W S - 1 1 - 0 1 , W Z - 1 6 - 0 7 , W Z - 1 9 - 0 1 , M S - 1 9 - 0 2 , W Z - 1 9 - 0 9 , WZ - 1 9 - 1 0 , W Z - 2 1 - 0 4 ST A T E O F C O L O R A D O ) ) SS CO U N T Y O F D E N V E R ) TH E F O R E G O I N G I N S T R U M E N T W A S A C K N O W L E D G E D B E F O R E M E T H I S _ _ _ _ _ _ _ D A Y O F _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , A . D . 2 0 1 8 BY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . WI T N E S S M Y H A N D A N D O F F I C I A L S E A L . M Y C O M M I S S I O N E X P I R E S : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ NO T A R Y P U B L I C CO O R S B R E W I N G C O M P A N Y , A C O L O R A D O C O R P O R A T I O N PL A N N I N G A R E A 9 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 CL E A R C R E E K D R 1 C O V E R S H E E T 2 L A N D U S E M A P 3 PE R M I T T E D U S E S APPLICANT:DATE:SHEET TITLE: C H E C K E D B Y : D R A W N B Y : 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 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 AN O F F I C I A L O U T L I N E D E V E L O P M E N T P L A N O F P L A N N I N G A R E A 9 : 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 F O R C I T Y O F W H E A T R I D G E , C O A P A R C E L O F L A N D B E I N G A L L O F L O T 1 , B L O C K 5 A N D A P O R T I O N O F L O T 2 , B L O C K 5 , C L E A R C R E E K C R O S S I N G F I L I N G NO . 3 R E C O R D E D A T R E C E P T I O N N U M B E R 2 0 1 9 0 8 7 6 8 1 , L O C A T E D I N T H E N O R T H E A S T Q U A R T E R O F S E C T I O N 3 0 A N D TH E S O U T H E A S T Q U A R T E R O F S E C T I O N 2 9 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O 7/6/2021 8/16/2021 10/11/2021 AT T A C H M E N T 3 REGIONAL WATER QUALITY (11.72 ACRES) 02 OF 03 LAND USE CLEAR CREEK DRIVE ZONING: PID OFFICE/WAREHOUSE (EXISTING) ZONING: SINGLE FAMILY RESIDENTIAL (EXISTING) PLANNING AREA 1 (26.74 ACRES) RAILROAD R.O.W. 40TH AVENUE UNDERPASS. CLEA R C R E E K D R I V E PLANNING AREA 4 (3.12 ACRES) PLANNING AREA 6 (18.75 ACRES) PLANNING AREA 3 (11.04 ACRES) W. 3 2 N D A V E . 40 T H A V E . CLEAR CREEK 0 NORTH SCALE: 1"=200' 100 200 400 FUTURE HOOK RAMPS 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 D D I S T R I C T E X P A N S I O N CI T Y O F W H E 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 L O W E D U S E S PA - 9 RE S I D E N T I A L I N C L U D I N G : AS S I S T E D L I V I N G F A C I L I T Y P DW E L L I N G , S I N G L E A T T A C H E D P DW E L L I N G , D U P L E X P DW E L L I N G , M U L T I P L E P DW E L L I N G , L I V E / W O R K P PU B L I C , C I V I C A N D I N S T I T U T I O N A L I N C L U D I N G : CO M M U N I T Y B U I L D I N G S I N C L U D I N G L I B R A R I E S , A N D M U S E U M S P GO V E R N M E N T A N D Q U A S I - G O V E R N M E N T A L B U I L D I N G S A N D O F F I C E S P HO S P I T A L NP PA R K S , O P E N S P A C E , P L A Y G R O U N D S A N D P L A Z A S P PU B L I C U S E S A N D B U I L D I N G S P IN D O O R A M U S E M E N T A N D R E C R E A T I O N A L E N T E R P R I S E S NP OU T D O O R A M U S E M E N T F A C I L I T I E S NP SC H O O L S , P U B L I C A N D P R I V A T E , C O L L E G E S , U N I V E R S I T I E S , T R A D E S C H O O L S NP UT I L I T I E S , M A J O R NP UT I L I T I E S , M I N O R P UR B A N G A R D E N S ( S E E 2 6 - 6 3 7 ) P TR A N S I T S T A T I O N S , P U B L I C O R P R I V A T E P WA T E R S T O R A G E NP CO M M E R C I A L S E R V I C E S A N D R E T A I L I N C L U D I N G : AD U L T E N T E R T A I N M E N T NP AM U S E M E N T F A C I L I T I E S O R O U T D O O R R E C R E A T I O N NP AN I M A L D A Y C A R E , I N D O O R W I T H N O O U T D O O R R U N S O R P E N S NP AP P L I A N C E , H O M E I M P R O V E M E N T A N D H O M E F U R N I S H I N G S T O R E S NP AU T O S E R V I C E A S A N A C C E S S O R Y T O P R I M A R Y NP BA N K S A N D F I N A N C I A L I N S T I T U T I O N S , N O D R I V E - T H R O U G H O R D R I V E - U P NP BA N K S A N D F I N A N C I A L I N S T I T U T I O N S , D R I V E - T H R O U G H O R D R I V E - U P NP BA R S , T A V E R N S A N D N I G H T C L U B S NP CA R W A S H E S , A S A C C E S S O R Y T O R E T A I L NP DA Y C A R E C E N T E R , C H I L D A N D A D U L T NP DR I V E - U P O R D R I V E - T H R O U G H U S E S ( S E E 2 6 - 1 1 0 6 E W H E A T R I D G E M U N I . C O D E ) NP DR U G S T O R E S , D R I V E - T H R O U G H O R D R I V E - U P NP EA T I N G E S T A B L I S H M E N T , S I T D O W N NP EA T I N G E S T A B L I S H M E N T , D R I V E - T H R O U G H O R D R I V E - U P NP GR O C E R Y & S P E C I A L T Y F O O D S T O R E S NP HA I R , N A I L A N D C O S M E T I C S E R V I C E S NP 03 OF 03USE TABLE LE G E N D : P: P E R M I T T E D U S E NP : N O T P E R M I T T E D U S E SU : S P E C I A L U S E NOTES:1. A R C H I T E C T U R A L D E S I G N , S I T E D E S I G N , S T R E E T S C A P E , S I G N A G E , F E N C I N G , LIGHTING AND LANDSCAPING SHALL BE IN CONFORMANCE WITH THE DESIGN PATTERN BOOK FOR PLANNING AREA 9. AL L O W E D U S E S , C O N T I N U E D PA - 9 CO M M E R C I A L S E R V I C E S A N D R E T A I L I N C L U D I N G ( C O N T I N U E D ) : HA R D W A R E S T O R E S NP LI Q U O R S T O R E S NP MO T O R F U E L I N G S T A T I O N S NP MO T O R V E H I C L E S A L E S , O U T D O O R D I S P L A Y NP MO T O R V E H I C L E S A L E S , I N D O O R D I S P L A Y NP OP T I C A L S T O R E S NP OU T D O O R S T O R A G E A S A C C E S S O R Y U S E NP PA W N B R O K E R S NP PE R S O N A L S E R V I C E S NP PH O T O C O P Y I N G A N D P R I N T I N G NP PR O D U C E S T A N D S ( S E E 2 6 - 6 3 6 A N D 2 6 - 6 1 3 F O R H O M E O C C U P A T I O N NP RE C R E A T I O N A L F A C I L I T I E S , C O M M E R C I A L NP RE P A I R , R E N T A L A N D S E R V I C I N G O F A U T O M O B I L E S , N O O U T D O O R S T O R A G E NP RE T A I L NP SP O R T I N G G O O D S S T O R E NP VE T E R I N A R Y C L I N I C S A N D H O S P I T A L S , N O O U T D O O R R U N S O R P E N S NP HO S P I T A L I T Y A N D E N T E R T A I N M E N T I N C L U D I N G : AR T S T U D I O S A N D G A L L E R I E S NP HO T E L S , M O T E L S A N D E X T E N D E D S T A Y L O D G I N G NP PR I V A T E C L U B S A N D S O C I A L C L U B S NP ST U D I O S I N C L U D I N G A R T , M U S I C , D A N C E , T V A N D R A D I O B R O A D C A S T I N G ST A T I O N S NP TE M P O R A R Y O U T D O O R T H E A T E R / P E R F O R M A N C E P TH E A T E R S NP OF F I C E A N D I N D U S T R I A L I N C L U D I N G : ME D I C A L A N D D E N T A L C L I N I C S NP OF F I C E S NP OF F I C E - W A R E H O U S E , N O O U T D O O R S T O R A G E NP PR O C E S S I N G , A S S E M B L Y O R L I G H T I N D U S T R I A L O P E R A T I O N S NP RE S E A R C H L A B O R A T O R I E S A N D O F F I C E S NP WA R E H O U S E NP WH O L E S A L E NP AN C I L L A R Y U S E S I N C L U D I N G : PA R K I N G F A C I L I T I E S ( I N C L U D I N G S T R U C T U R E S ) P TE M P O R A R Y U S E S I N C L U D I N G : SP E C I A L E V E N T S , I N C L U D I N G F E S T I V A L A N D F A R M E R S M A R K E T S ( 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 Y : 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 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 AN O F F I C I A L O U T L I N E D E V E L O P M E N T P L A N O F P L A N N I N G A R E A 9 : 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 F O R C I T Y O F W H E A T R I D G E , C O A P A R C E L O F L A N D B E I N G A L L O F L O T 1 , B L O C K 5 A N D A P O R T I O N O F L O T 2 , B L O C K 5 , C L E A R C R E E K C R O S S I N G F I L I N G NO . 3 R E C O R D E D A T R E C E P T I O N N U M B E R 2 0 1 9 0 8 7 6 8 1 , L O C A T E D I N T H E N O R T H E A S T Q U A R T E R O F S E C T I O N 3 0 A N D TH E S O U T H E A S T Q U A R T E R O F S E C T I O N 2 9 , T O W N S H I P 3 S O U T H , R A N G E 6 9 W E S T O F T H E S I X T H P R I N C I P A L M E R I D I A N , CI T Y O F W H E A T R I D G E , C O U N T Y O F J E F F E R S O N , S T A T E O F C O L O R A D O 7/6/2021 8/16/2021 10/11/2021 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 CO O R S ’ W A T E R S T O R A G E PA 2 PA 9 PA 6 PA 7 C L E A R C R E E K D R I V E AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) RE G I O N A L WA T E R QU A L I T Y ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) CL E A R C R E E K 1. 2 C o n c e p t S i t e P l a n NO R T H PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION7 1. 3 S i t e A n a l y s i s a n d C o n s t r a i n t D i a g r a m NO R T H CL E A R C R E E K RI P A R I A N A R E A ST E E P S L O P E S DE N V E R W A T E R EA S E M E N T VI E W S 10 0 Y E A R F L O O D LI N E ZO N I N G : S F R E S I D E N (E X I S T I N G ) CO O R S ’ W A T E R S T O R A G E C L E A R C R E E K D R I 4 0 T H VIE W T O G R E E N M O U N T A I N SI T E V I E W S F R O M I - 7 0 VIEW T O S O U T H T A B L E M O U N T A I N RE G I O N A L WA T E R QU A L I T Y A ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) A A CL E A R C R E E K DE N V E R W A T E R EA S E M E N T 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 ZO N I N G : P D CO M M E R C I A L (V A C A N T ) HO M E S T E A D RE S I D E N T I A L DI S T R I C T MI L L CO M M E R C I A L DI S T R I C T HA R V E S T CO M M E R C I A L DI S T R I C T VI N E Y A R D CO M M E R C I A L DI S T R I C T CO O R S ’ W A T E R S T O R A G E PO T E N T I A L FU T U R E CO N N E C T I V I T Y (F U T U R E P H A S E ) RA I L R O A D YO U N G F I E L D S T R E E T W 3 2 N D A V E N U E MA P L E G R O V E EL E M E N T A R Y SC H O O L WA G O N OP E N S P A C E DI S T R I C T PA 5 PA 6 PA 7 PA 4 PA 4 PA 3 PA 1 P A 5 PA 2 C L E A R C R E E K D R I V E 4 0 T H A V E N U E AP P L E W O O D G O L F C O U R S E (P R O S P E C T R E C R E A T I O N & P A R K D I S T R I C T ) HA S HA S HA S AS A E)E)E)) PA 8 A V E N U E ZO N I N G : S F R E S I D E N T I A L (E X I S T I N G ) ZO N I N G : IN D U S T R I A L (E X I S T I N G ) ZO N I N G : P D CO M M E R C I A L (V A C A N T ) PO T E PO T E PO T E PO T E PO T E NT NT NT NT N FU T U FU T U FU T U FU T U FU T U R R R R CO N N CO N N CO N N CO N N CO N EC T EC T EC T EC C C (F U T (F U T (F U T (F U T (F U T UR E UR E E E R UR UR UR PH PH P P DI HO H H H H H M RE SMI LL CO M M E R C I A L DI S IN E Y A RD OM M E R C I A L WA GO N O PE N S P A C E DI S TR I CT PA PA 4 V CO C IME ST E A D D D D ID E N T I A L ME R CI A L S TR I C T ST R I C T ID E N T I A L ZO N I ZO N I ZO N I O O O NG : NG : NG : NG : PD PD PD PD P CO M M CO M M CO M M CO M M M ER C I ER C I ER C I C L L AL AL AL AL (V A C (V A C (V A C (V A C (V A C AN T ) AN T ) AN T ) AN T ) AN T ) HA RV E S T CO M ME R C IA L D IS T R I C T OM M E R C I A L DI S TR I CT PA 6 PA 7PA 3 CO C PA 1 PA 2 D D D D R R R R I I I I V V V V E E E E E E E E E E E U U U N U U U U N N N U U E E E E E E E E E E E E E E N U U U U N U U N N N N N U U N U N U N U U U E E E E E E E E E E E E E E E E E E E N U U N U E E E E E E E E N U E E N U E A A A A A A V E V E V V V E A V A A A 4 0 4 0 4 0 4 0 0 4 4 T H T H T H T H A A A A 4 0 T H A A A A A A A A A A A A A V V V V V V V V V V V V V V V V E V A V V V V A V E A A A A A A A 4 0 4 0 4 0 0 0 0 0 4 0 4 4 4 4 0 4 0 4 0 4 0 4 0 4 0 4 0 T H H H H T H T H H T T T H H H H H H H T H T H T H T H T H H T T A A A A A A A A A A 0 T H H H A A 4 0 T H A 4 0 T H A V E AP P L AP P L AP P L AP P L AP P L AP P L AP P AP P AP P AP A A EW O O EW O O O OO O WO O OO WO O WO EW O W EW EW W D G O DG O D G O DG O D G O GO G G G G LF C LF C LF C LF C LF C LF C L UR S OU R S OU R S OU R S OU R S E E E E IA IA IA IA IA A L L L L L L RE RE E RE I I I I VI T Y VI T Y VI T Y VI T Y IT Y VI T Y IT Y HA S HA S HA S AS A E)E)E)E E Y Y Y Y Y Y P A 8 ZO N I ZO N I ZO N I ZO N I I I ZO N NG NG NG NG NG : : : : PD PD PD PD PD P CO M M CO M M CO M M CO M M CO M M O ER ER ER ER ER ER CI CI I CI C AL AL AL AL AL AL AL AC (V A C (V A C (V A C (V A C (V A C (V A C (V A (V A A AN AN AN N AN AN AN A NT ) NT ) NT ) NT ) NT ) NT ) N CL E A R C R E E K PA 2 C L L L L L L L E E A A A A R R R C C C C R R R R E E E E E E K K K K D D D D PA 9 EX P A N S I O N 2. 3 D i s t r i c t D i a g r a m NO R T H 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 OMMEOMMEMERCIALRCIALC POTENTIAL FUTURE CONNECTIVITY(FUTURE PHASE) WAGOWAGOWAGOWAGOWAGOAGOWAGOWWAANNNNNNN OPEN OPEN OPEN OPEN ENEE SPACESSPACESPACESPACEACSSPACC DISTRDISTRDISTRDISTRSTSTSTDISTICTICTCTICTTICTCT PA 4PA 44A4AAA PA 4PAPA 4AVVVVV COCO HHARVHAHAESTSSTST COMMEMMRCIALALAL DISTRDISTRSTRRSTRICTICTTII OMMEOMMEMMMEMMRCIALRCIALRRCRCDISTRDISTRSTRDISTRSTICTICTICTICTICT PA 5A 55AP PA 6 PA 7PPA 7P7 PA 3PA 3 CCO C L E A R C R E E K D R I V E 40 T H A V E N U E APPLEWOOD GOLF COURSE(PROSPECT RECREATION & PARK DISTRICT) IAIAAIAL LLRERE IIIVITYVITYVITYIITYTYTHASE)HASE)HASE)S EEEEE PA 8PA 8PA 8PA 8PA 8A8 ZONING: S(EX ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK HOMESTEAD RESIDENTIAL DISTRICT PA 2 MILLMILL COCOOMMEOMMERCIALCIA DISTRSICTCTT PA 1A C LLLLL EE AAAA RRR CCCCC RRRR EEE EEE KKK DDDD RR III VVVVV EEEE HOMHHHHMESTEADD RESIDENTIAL DIISTRICT PA 2 YYYYYY LLLLL ZONING: PD COMMERCIAL(VACANT) PA 9 Residential uses encouraging medium to high density development at a location adjacent to I-70 and visible from Hwy 58. Consistent with intent, guidelines and standards set forth for design theme and architecture as well as site elements detailed in the Design Pattern Book. PA 2 HOMESTEAD PA 9 EXPANSION HOM PA 2 PA 9 EXPANSION PAPAPAPA 7777 EESS 66 APPLEWOOD RE G I O N A L WA T E R Q U A L I T Y ZONING: PD COMMERCIAL (VACANT) ZONING: PD COMMERCIAL (VACANT) CLEAR CREEK C L E A R C R E E K D R I V E R R R R R R R R E E E E E E E E E GI GI GI GI G G G G G G G ON ON ON ON ON ON N N N O L L AL AL AL L L AL L AL AL A PDPDPDPDPD ALALALALALAL )))))) EEEEEEKKKKKKKKK ESTEAD PA 2 HHAAAAARVE PAPA 6 PUBLIC GATHERING SPACE TRAILHEAD EXISTING CLEAR CREEK TRAIL PRIMARY MULTI-USE TRAIL SECONDARY TRAIL P M PUBLIC SIDEWALKP S PLANNING AREA CONNECTIVITY TRAIL CONNECTIONS EXISTING SIGNALIZED FULL MOVEMENT INTERSECTION FULL MOVEMENT INTERSECTION LIMITED MOVEMENT INTERSECTION SS E F I S E F I PROPOSED SIGNALIZED FULL MOVEMENT INTERSECTION P F N P F IN INTERNAL ROAD NETWORK CDOT ‘A’ LINE MINOR ACCESS MAJOR ACCESS R E E C C R C C C C C C C L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L LCCCC E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E A A A A AEEEEEEEE R C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C C R R RCC E E C C 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 CLE A R C R E E K D R I V E PROPOSED ALTERNATIVE FRONTAGE FOR PLANNING AREA 9 FIGURE 1: PLANNING AREA 2 + 9 PRIMARY FRONTAGE ILLUSTRATION (NOT TO SCALE) 5 0 % 50 % 5 0 % 50% 30% 30% 30% PA-2 PA-9EXPANSION 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 80’ DENVER WATER EASEMENT PRIMARY ACCESS SECONDARY ACCESS PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION13 2. 6 S t r e e t M a p ZO N I N G : P D CO M M E R C I A L (V A C A N T ) ZO N I N G : SF RE S I D E (E X I S T I N G ) PA 2 PA 9 EX P A N S I O N PA 5 PA 6 PA 7 D TR A I L H E A D EN L A R G E M E N T C L E A R C R E E K D R I V E PA R K I N G TR A I L H E A D & P A V I L L I O N ST R U C T U R E MU L T I - U S E T R A I L M M PO T E N T I A L FU T U R E CO N N E C T I V I T Y (F U T U R E P H A S E ) A A A A I I L L H H H TR A I L H E A D E N L A R G E M E N T RE G I O N A L WA T E R QU A L I T Y ZO N I N G : P D CO M M E R C I A L (V A C A N T ) C L E A R C R E E K D R I V E CL E A R C R E E K 40 T H A V E N U E EX I S T I N G S I G N A L I Z E D FU L L M O V E M E N T IN T E R S E C T I O N FU L L M O V E M E N T IN T E R S E C T I O N LI M I T E D M O V E M E N T IN T E R S E C T I O N AC C E S S D R I V E PR O P O S E D S I G N A L I Z E D FU L L M O V E M E N T IN T E R S E C T I O N IN T E R N A L R O A D NE T W O R K NO R T H 13 PLANNING AREA 9 : HOMESTEAD DISTRICT EXPANSION14 3. 1 S i g n a g e M a p CO O R S ’ W A T E R S T O R A G E PA 2 3. M A J O R T E N A N T 4. O T H E R T E N A N T 2. S E C O N D A R Y M O N U M E N T 5. W A Y F I N D I N G 6. I N T E R P R E T I V E / T R A I L H E A D PA 6 PA 7 RE G I O N A L WA T E R QU A L I T Y C L E A R C R E E K D R I V E ZO N I N G : P D CO M M E R C I A L (V A C A N T ) CL E A R C R E E K ZO N I N G : P D CO M M E R C I A L (V A C A N T ) PA 9 EX P A N S I O N 1. P R I M A R Y M O N U M E N T NO T E : S I G N A G E L O C A T I O N S A R E N O T EX A C T A N D A R E S U B J E C T T O M I N O R LO C A T I O N C H A N G E S A T T I M E O F BU I L D I N G P E R M I T R E V I E W . NO R T H 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: 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. 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 8 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 9 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 10 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 11 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 12 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 13 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. 14 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. 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 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. 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 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