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HomeMy WebLinkAbout01-10-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO January 10, 2022 7:00 p.m. This meeting will be conducted as a virtual meeting and in person at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on January 10, 2022) 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: 824 8610 1548 • Passcode: 981829 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 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. National Radon Action Month 2. Colorado Parks & Recreation Association Awards presentations PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics Right to Speak. Please speak up to be heard when directed by the Mayor. CITY COUNCIL AGENDA: January 10, 2022 Page -2- b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 01-2022 - resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for the city publications in 2022 b. Motion to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2022 c. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2022 property/casualty premium in the amount of $345,569.17 d. Motion to approve payment to Pinnacol Assurance for the 2022 workers compensation premium in the amount of $282,202 e. Motion to appoint Wanda Sang and Sunny Garcia to the Election Commission f. Motion to appoint Kathy Plummer and Lindsay Burney to the Cultural Commission to fill vacancies term ending March 2, 2023 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. 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) 3. Resolution No. 02-2022 – a resolution approving a major subdivision at 4000-4066 Upham Street in the Residential-Three (R-3) zone district (Case No. WS- 21-06 / Ridgetop Village Plat) ORDINANCES ON FIRST READING 4. Council Bill No. 01-2022 – an ordinance approving the rezoning of property located at 9605 W. 38th Avenue from Residential-One (R-1) to Residential-One B (R-1B) (Case No. WZ-21-12) DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 03-2022 – a resolution recognizing historical assets on the Lutheran Legacy Campus and supporting a good faith effort to preserve, rehabilitate and/or reuse the Blue House, Tucker Tent, and the Chapel of the Good Samaritan CITY COUNCIL AGENDA: January 10, 2022 Page -3- 6. Resolution No. 04-2022 – a resolution establishing the street width for 52nd Avenue from Ward Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from Tabor Street to the city boundary east of Simms Place 7. Resolution No. 05-2022 – a resolution approving a Memorandum of Understanding between the City of Wheat Ridge and the Jefferson Center for Mental Health for mental health co-responder services 8. Motion to award a contract and approve subsequent payments of $90,400 to Berry Dunn for Enterprise Resource Planning (ERP) consultant services CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ITEM NO: 1a DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2022 - A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE DISPLAY CABINET AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE JEFFCO TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2022 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: State statutes require that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. Local government entities are also allowed to publish notices on-line for public meetings. These include meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which a majority or quorum of body is in attendance. PRIOR ACTION: Due to the reconstruction of City hall, and lessons learned from the COVID-19 health emergency, the official posting location has been moved to the City Hall Lobby display cabinet at the main entrance of the municipal building. This resolution designates the Jeffco Transcript as the official newspaper for City publications and the municipal building main entrance display cabinet as the official public notice posting location. Council Action Form – Official Publication and Posting Notice Location January 10, 2022 Page 2 FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: It is recommended the City formally designate the public notice posting location as the municipal building main entrance display cabinet and the Jeffco Transcript as the official newspaper of general circulation for publishing all public notices. RECOMMENDED MOTION: "I move to approve Resolution No. 01-2022, a resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for the City publications in 2022.” Or, "I move to postpone indefinitely Resolution No. 01-2022, a resolution designating the municipal building main entrance display cabinet as the official public notice posting location and the Jeffco Transcript as the official newspaper of general circulation for the City publications in 2022 for the following reason(s) _______________________." REPORT PREPARED/REVIEWED BY; Robin L. Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2022 TITLE: A RESOLUTION DESIGNATING THE MUNICIPAL BUILDING MAIN ENTRANCE DISPLAY CABINET AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE JEFFCO TRANSCRIPT AS THE OFFICAL NEWSPAPER OF GENERAL CIRCULATION FOR CITY PUBLICATIONS IN 2022 WHEREAS the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS such locations must be approved by the governing body of the municipality annually; and WHEREAS the City is required by Charter, Ordinance, and State law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted in the display cabinet at the main entrance to the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Jeffco Transcript; except that, where circumstances make publication ineffective or otherwise undesirable, the City may publish official notice on the City’s website. Section 3. This resolution supersedes and replaces Resolution No. 17-2021 and shall be effective upon adoption. DONE AND RESOLVED this 10th day of January 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1b DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE QUARTERLY PAYMENTS TO THE JEFFERSON COUNTY COMMUNICATIONS AUTHORITY FOR E-911 CALL-TAKING AND POLICE RADIO DISPATCH SERVICES NOT TO EXCEED $645,743 FOR 2022 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Police Department is requesting authorization of payment to the Jefferson County Communications Authority (Jeffcom) in the amount of $645,743, to be paid in quarterly amounts. This amount is the City’s 2022 share of costs for the regional call-taking and dispatch center for police and fire agencies in Jefferson County. PRIOR ACTION: The City entered into an Intergovernmental Agreement (IGA) to provide for a regional communications authority for E-911 and police radio dispatching services on March 28, 2016. City Council subsequently approved a Dispatcher Transition and License Agreement on December 11, 2017, and approved the Member Services Agreement on February 26, 2018. FINANCIAL IMPACT: The City is responsible for 6.1% of the operating costs for Jeffcom, which is $645,743 in 2022, to be paid in quarterly payments of $161,435.75. These costs were anticipated and were included in the 2022 Police Department General Fund Budget, under account number 01-201-700-750 (Police Administration). There was no cost increase between 2021 and 2022. Council Action Form –Jeffcom 2022 Payment January 10, 2022 Page 2 BACKGROUND: Discussions regarding a regional communications authority to provide E-911 and dispatch radio services began in 2009, when chief law enforcement representatives in Jefferson County agreed to examine the consolidation and regionalization of services that would benefit the agencies and community. Two consultant studies were conducted to examine whether consolidation of E-911 centers were beneficial to each agencies community. Both studies concluded that there was significant opportunity to enhance services to citizens, both financially and in level of service. During these discussions, a combination of sources were identified to fund Jeffcom. These funding sources included member agencies, fees collected from service users, and contributions from the Jefferson County Emergency Communications Authority (JCECA). An IGA was subsequently approved by each member agency in early 2016. The IGA outlines a funding formula termed the Equitable Sharing Cost Allocation Funding Formula. The formula includes standardized staffing costs, taking into account the costs expended by each Member to provide its own emergency services communications and dispatching center. The formula includes costs for supplies, services, equipment, maintenance and reserve funding, as well as employee salaries, benefits and training. Per the IGA, the City is responsible for 6.1% of the operating costs for Jeffcom, which equates to $645,743 in 2022. This amount is divided into quarterly installments of $161,435.75. E-911 call-taking and police dispatching services transitioned to Jeffcom on March 22, 2018, with the last agencies transitioning in April, 2019. RECOMMENDATIONS: Staff recommends that council approve and allow administrative payment of the quarterly 2022 Jeffcom payments, not to exceed a total of $645,743. RECOMMENDED MOTION: “I move to approve quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2022.” Or, “I move to deny quarterly payments to the Jefferson County Communications Authority for E-911 call-taking and police radio dispatch services not to exceed $645,743 for 2022 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Support Services Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager ITEM NO: 1c DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) FOR 2022 PROPERTY/CASUALTY PREMIUM IN THE AMOUNT OF $345,569.17 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty coverage for the City of Wheat Ridge. The annual payment due for 2022 is $345,569.17. PRIOR ACTION: This CIRSA premium is a budgeted line item in the 2022 adopted budget, General Government – Central Charges account. FINANCIAL IMPACT: For 2022, the City received a total of $7,225 in credits toward the property/casualty premium for proactive work of the employee Safety Committee in accident prevention and overall loss control efforts. BACKGROUND: Usually, each year the City of Wheat Ridge completes a CIRSA audit and renewal application process for property/casualty coverage and the premium amount is based on the information provided through those processes. As the City scored exceptionally well on the audit in 2020 as well as previous audits, CIRSA did not audit the organization but rather applied the same score earning $7,225 toward 2022 premium costs. However due to overall claims in the State of Colorado, the City’s 2022 property/casualty premium has increased 7.8% over 2021. While Council Action Form – CIRSA Annual Premium Payment January 10, 2022 Page 2 unfortunate, a much larger increase was expected and budgeted. Staff will continue to monitor insurance expenses. RECOMMENDATIONS: Staff recommends payment of the CIRSA annual property/casualty premium. RECOMMENDED MOTION: “I move to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2022 property/casualty premium in the amount of $345,569.17.” Or, “I move to deny the payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2022 property/casualty premium in the amount of $345,569.17 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Invoice #220119 - Property /Casualty Pool billing for 2022 City Of Wheat Ridge Attn: Mark Colvin 7500 West 29th Ave. Wheat Ridge CO 80033 DESCRIPTION COVERAGE DATES AMOUNT DUE Date: January 01, 2022 Invoice #: 220119 ANNUAL INVOICE Member ID: 13100 01/01/2022-01/01/2023Property/Casualty Coverage: Auto Liability $46,305.60 Public Officials E&O Liability $59,595.23 Property Damage $113,332.77 Police Professional Liability $101,962.62 Auto Physical Damage $13,071.81 General Liability (including separately rated exposures)$18,526.14 $352,794.17Total Property/Casualty Coverage: ($7,225.00)2021 Loss Control Audit Credit $345,569.17TOTAL This invoice constitutes your Property/Casualty Pool billing for 2022. Based on your selection when you accepted your quote, you opted to pay your contribution premium in full. Payment is due on January 1, 2022. Payments Delinquencies are subject to CIRSA Bylaws, Article VIII (1) (a) and Article XV. This invoice includes all exposure changes reported to us from the time your renewal quote was calculated, August 13, 2021, to the time the invoice was calculated, December 10, 2021 Any changes between August 13 and December 10, including but not limited to the addition or deletion of buildings, mobile equipment and automobiles, are reflected in this invoice. Any changes after December 10 will be billed or credited separately. received in our office after February 15 will be charged interest at the current Prime Rate. PAYMENT OPTIONS: Pay On-Line by EFT: Bank Name: Wells Fargo Bank N.A. Account Name: CIRSA Routing Number: 102000076 Account Number: 1018076908 Pay by Check Mailing Address: CIRSA P.O. Box 910543 Denver, CO 80291-0543 Pay On-Line Website Address: https://www.cirsa.org/billpay ATTACHMENT 1 ITEM NO: 1d DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO PINNACOL ASSURANCE FOR THE 2022 WORKERS COMPENSATION PREMIUM IN THE AMOUNT OF $282,202 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: As approved in the 2022 budget, Pinnacol Assurance provides workers compensation insurance for the City of Wheat Ridge. The annual estimated premium due for 2022 is $282,202. PRIOR ACTION: This workers compensation insurance premium is a budgeted line item in the 2022 adopted budget, General Government – Central Charges account. FINANCIAL IMPACT: The 2022 premium is approximately $57,000 less than budgeted. Payments are spread across nine months. The remaining budget provides ample funding for any 2021 audit adjustments. BACKGROUND: The City’s history of risk mitigation efforts and management of worker compensation claims resulted in a favorable experience modification rate and thus a lower premium in 2022 than 2021, despite a higher payroll estimate. Pinnacol Assurance began providing coverage for workers compensation on January 1, 2020. RECOMMENDATIONS: Staff recommends payment of the Pinnacol Assurance annual workers compensation premium. Council Action Form – Pinnacol Assurance Annual Premium Payment January 10, 2022 Page 2 RECOMMENDED MOTION: “I move to approve payment to Pinnacol Assurance for the 2022 workers compensation premium in the amount of $282,202” Or, “I move to deny payment to Pinnacol Assurance for the 2022 workers compensation premium in the amount of $282,202 for the following reasons .” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Pinnacol Assurance Premium Summary (provided by IMA) 3 PREMIUM SUMMARY ITEMS PINNACOL 21-22 ANNUAL PREMIUM PINNACOL 22-23 ANNUAL PREMIUM Workers’ Compensation $ 284,916 $ 282,202 TOTAL $ 284,916 $ 282,202 A.M. Best Rating COVERAGE INSURANCE CARRIER A.M. BESTRATING ADMITTED – SURPLUS LINES Workers’ Compensation Pinnacol Assurance A-XII Admitted ATTACHMENT 1 5 2022-2023 PREMIUM COMPARISON State Code Description 21-22 Exposure 21-22 Rate 21-22 Premium 22-23 Exposure 21-22 Rates Adjusted Premium 22-23 Exposure 22-23 Rate 22-23 Premium CO 0106 Tree Pruning, Spraying, Repairing $334,313 8.332 $27,854 $365,786 8.332 $30,476 $365,786 7.1484 $26,148 5506 Street/Road Const: Paving or Repaving & Drivers $563,908 5.311 $29,947 $598,302 5.311 $31,773 $598,302 4.7064 $28,158 7380 Driver, Chauffeurs, Messengers, & Their Helpers $11,300 4.850 $548 $14,000 4.850 $679 $14,000 4.4252 $620 7538 Electric Light or Power Line Construction $136,397 5.024 $6,853 $139,583 5.024 $7,013 $139,583 3.6556 $5,103 7720 Police Officers & Drivers $9,177,659 3.212 $294,768 $9,538,048 3.212 $306,343 $9,538,048 2.9008 $276,680 8380 Auto Service or Repair & Drivers $100,634 2.353 $2,368 $115,510 2.353 $2,718 $115,510 1.9388 $2,240 8803 Auditor, Accountant, Computer System Designer $59,180 0.048 $28 $62,162 0.048 $30 $62,162 0.0444 $28 8810 Exclusively Office $3,198,784 0.127 $4,069 $3,789,576 0.127 $4,820 $3,789,576 0.1036 $3,926 8810 Elected Officials $198,400 0.127 $252 $171,600 0.127 $218 $171,600 0.1036 $178 8810 Contract Labor $87,683 0.127 $112 $91,000 0.127 $116 $91,000 0.1036 $94 8811 Municipal, Township, County, Non-Salaried Board Member $1,123,200 0.048 $536 $1,123,200 0.048 $536 $1,123,200 0.0444 $499 8869 Child Care Center - All Employees $66,378 1.177 $781 $75,000 1.177 $882 $75,000 0.9472 $710 9012 Building, Property Management - Managers, Leasing Agent $22,816 0.827 $189 $18,195 0.827 $150 $18,195 0.6660 $121 9015 Building or Property Mgmt. – All Other Employees $592,845 3.403 $20,172 $457,302 3.403 $15,560 $457,302 2.8120 $12,859 9063 Exercise or Health Institute & Clerical $2,124,316 1.161 $24,657 $2,309,517 1.161 $26,807 $2,309,517 0.9620 $22,218 9102 Parks NOC – All Employees & Drivers $1,016,247 2.639 $26,823 $1,739,399 2.639 $45,910 $1,739,399 2.2792 $39,644 9410 Municipal/Town/County/State Employees – NOC $2,288,509 1.892 $43,301 $2,413,617 1.892 $45,668 $2,413,617 1.6280 $39,294 Manual Premium $483,258 $519,699 $458,520 Increased Limits 1.011 $5,316 1.011 $5,717 1.011 $5,044 Deductible Discount ($5,000) 0.911 ($43,010) 0.911 ($46,762) 0.899 ($46,311) Experience Modification 0.66 ($151,492) 0.660 ($162,742) 0.730 ($112,658) Schedule Rating & Designated Provider 1.115 $33,818 1.115 $36,330 1.065 $19,799 Cost Containment Credit 0.95 ($16,395) 0.950 ($15,796) 0.950 ($16,220) Premium Discount 0.904 ($29,904) 0.904 ($33,815) 0.904 ($29,585) Annual Policy Fee $160 $160 $160 Terrorism Coverage $21,102,569 0.005 $1,055 $23,021,797 0.005 $1,151 $23,021,797 0.005 $1,151 DTEC-Catastrophic Loss Charge $21,102,569 0.010 $2,110 $23,021,797 0.010 $2,302 $23,021,797 0.010 $2,302 Total - CO $284,916 $306,244 $282,202 ITEM NO: 1e DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT WANDA SANG AND SUNNY GARCIA TO THE ELECTION COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Clerk City Manager ISSUE: The two positions on the Election Commission are due for appointment. Wanda Sang and Sunny Garcia currently serve on the Election Commission and both have reapplied. Both individuals meet the qualifications to serve, and both have extensive knowledge and experience with elections. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: The Election Commission consists of the City Clerk and two (2) registered electors of the City. The Election Commission assists the Office of the City Clerk in election procedures and process, establishes proof of residency qualification where residency is in question, and provides the appropriate procedure to be used when an election procedure is in doubt. By Charter, Election Commission members are appointed by the City Council and serve for a term of two (2) years. RECOMMENDATIONS: It is recommended that the City Council appoint Wanda Sang and Sunny Garcia to serve on the Election Commission. Council Action Form – Election Commission Appointment January 10, 2022 Page 2 RECOMMENDED MOTION: “I move to appoint Wanda Sang and Sunny Garcia to the Election Commission, terms to expire December 11, 2023.” Or, “I move to deny the appointment of Wanda Sang and Sunny Garcia to the Election Commission for the following reason(s) _____________________.” REPORT PREPARED/REVIEWED BY: Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Application from Wanda Sang 2. Application from Sunny Garcia ITEM NO: 1f DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT KATHY PLUMMER AND LINDSAY BURNEY TO THE CULTURAL COMMISSION TO FILL VACANCIES TERM ENDING MARCH 2, 2023 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Clerk City Manager ISSUE: Due to the resignations of Shawna Black and Lisa Streisfeld, the District III and IV seats on the Cultural Commission are vacant. The terms of these positions expire on March 2, 2023. FINANCIAL IMPACT: None. BACKGROUND: Following these resignations, the City Clerk’s office advertised the positions accordingly in the Jeffco Transcript along with the city website, channel 8 and various other media outlets. Applications for the positions have been received from Kathy Plummer, 3 Twilight Drive (D III) and Lindsay Burney, 3880 Garrison Street (D IV). Section. 2-53 (c) of the City Code states in part: “………All appointments to all boards and commissions shall be made to achieve equal representation from each council district to each board or commission. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident……… “ Cultural Commission Appointments January 10, 2022 Page 2 RECOMMENDED MOTION: “I move to appoint Kathy Plummer to the Cultural Commission for District III to fill a vacancy, term ending March 2, 2023.” or “I move to deny the appointment of Kathy Plummer to the Cultural Commission for District III for the following reason(s)_____________________. And: “I move to appoint Lindsay Burney to the Cultural Commission for District IV to fill a vacancy, term ending March 2, 2023.” or “I move to deny the appointment of Lindsay Burney to the Cultural Commission for District IV for the following reason(s)_____________________. REPORT PREPARED BY: Robin Eaton, Deputy City Clerk Steve Kirkpatrick, City Clerk Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Application K. Plummer 2. Application L. Burney ITEM NO: 2 DATE: January 10, 2022 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 Planning Division staff report and meeting minutes from the Planning Commission meeting are attached. 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 January 10, 2022 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 is provided in the attached Planning Division staff report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Division 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 this request. Council Action Form – Proposed Rezoning at 12100 W. 44th Avenue January 10, 2022 Page 3 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 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.” Or, “I move to deny 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), for the following reasons: ___________________________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 24-2021 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 24 ORDINANCE NO. 1730 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 8 to 0 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 ___________, 2022. SIGNED by the Mayor on this _______ day of _______________, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: December 16, 2021 2nd publication: January 13, 2022 Jeffco Transcript Effective Date: January 28, 2022 Planning Commission 1 Case No. WZ-21-10 / Howard Johnson Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: November 18, 2021 (Planning Commission) / January 10, 2022 (City Council) CASE MANAGER: Stephanie Stevens, Senior Planner CASE NO. & NAME: WZ-21-10 / Howard Johnson Rezone ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) LOCATION OF REQUEST: 12100 W. 44th Ave. APPLICANT / OWNER: Eric Boogaard, representing 2nd Chance Homes, Inc. APPROXIMATE AREA: 125,264 square feet (2.876 acres) PRESENT ZONING: Commercial-One COMPREHENSIVE PLAN: Neighborhood Buffer Area, Neighborhood Commercial Corridor ENTER INTO RECORD: (X) CASE FILE & PACKET MATERIALS (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE (X) DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-21-10 / Howard Johnson Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of the property at 12100 W. 44th Avenue is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). 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. II. EXISTING CONDITIONS The property is located on the southeast corner of Van Gordon Street and W. 44th Avenue (Exhibit 1, Aerial). 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) (Exhibit 2, Zoning). 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. III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-C, a zone district intended for major commercial corridors and at community and employment activity centers. It encourages medium- to high-density mixed-use development. In addition to residential and civic uses, it allows for a range of commercial and retail uses. The C-1 district 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 conversion of the hotel into a residential use. The applicant has proposed to rezone the property in order 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. The units will have kitchens and be a mixture of studio, one-, and two-bedroom units. The applicant has done similar types of conversion projects elsewhere in Colorado, including in Colorado Springs, Glenwood Springs, Pagosa Springs, Fountain, and Pueblo. The applicant does not want to displace existing long-term residents; after building permit approval, they anticipate it will take about 6 months to complete the conversion process. Long-term, they are Planning Commission 3 Case No. WZ-21-10 / Howard Johnson Rezone proposing to subdivide the front portion of the property and create two commercial pad sites. Any redevelopment or major change of use on the property would require a Site Plan review and/or building permits, which are separate application processes subsequent to the zone change. Until 2010, the only commercial zone change option was to a planned a development. The mixed-use zone districts were created in the code in 2010 to create an alternative to planned development zoning. The City then legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011, and a portion of the 38th Avenue corridor to Mixed Use-Neighborhood (MU-N) in 2012 based on the recommendations of associated corridor plans. The remaining commercial corridors in the City (W. 44th Avenue, Harlan Street, Kipling Street, and Youngfield Street) contain a wide range of commercial and residential zones, which are sometimes incompatible with the actual character or uses of the corridors. The MU-C and C-1 districts have similar development standards with permitted uses and height being the primary differences. The C-1 zone district allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. By contrast, the MU-C zoning allows residential uses, commercial uses, or a mix of the two. This property is within the 44th and Ward urban renewal area which is exempted from the City Charter’s height and density limits. This means it may exceed 21 units per acre and the MU-C zone district establishes the maximum height. A summary of the MU-C zone district is provided below. CURRENT ZONING Commercial-One (C-1) PROPOSED ZONING Mixed Use-Commercial (MU-C) Uses Wide range of commercial land uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Architectural Standards Architectural and Site Design Manual (ASDM) standards apply, including high quality architecture, standards related to articulation, variation, and materials Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Max. Building Height 50’ 4 stories (62’) for single use buildings 6 stories (90’) for mixed use buildings Max. Lot coverage 80% 90% for mixed use 85% for single use Min. Landscaping 20% 10% for mixed use 15% for single use Build-to Area 0-20’ along property lines fronting public streets 0-20’ along property lines fronting public streets Setbacks East (side): 5’ per story South (rear): 10’ 1st story plus 5’ each additional story East (side): 0’ South (rear): 5’ Staff has reviewed potential zone change options and determined that the MU-C zoning is the most appropriate because of the character of the street in this area. W. 44th Avenue serves as a primary east-west connector and contains primarily light and heavy commercial uses in the immediate vicinity. The corridor acts as a transition from I-70 just west and the residential and agricultural uses to the south. The interstate is approximately ¼ mile away and has recently been upgraded including new ramps associated with Clear Creek Crossing, completing safety improvements and improving pedestrian and Planning Commission 4 Case No. WZ-21-10 / Howard Johnson Rezone bicycle crossings. This kind of public investment can help catalyze improvements to a corridor, and the proposed zone change encourages corresponding private investment. The W. 44th Avenue corridor is naturally changing in response to the market. The Neighborhood Revitalization Strategy identifies W. 44th Avenue as a priority for planning efforts and the City is moving forward with a subarea plan in 2022 that will re-assess land uses and help to promote revitalization and attract investment to the W. 44th Avenue corridor, while maintaining the unique character of the area. Several other properties along W. 44th Avenue have also been rezoned to a mixed-use zone district in the past few years, including Mixed Use-Commercial Interstate just to the east and Mixed Use-Neighborhood (MU-N) on smaller sized lots that have more adjacency to residential. The MU-C and MU-N zone districts have virtually the same development standards (build-to is more flexible in MU-C at 20 feet instead of 12), but the MU-C district is designed for larger lots along busier corridors with intensity of uses being more comparable to that allowed in C-1. Having the MU-C zone at the hard corner of 44th Avenue and Van Gordon Street is more appropriate given the prominence of this property, immediate adjacency to large-format commercial uses, proximity to the interstate, and since there are no low-density uses immediately adjacent. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns along 44th Avenue, the MU-C zone district is appropriate and complimentary to surrounding uses. MU-C zoning will support compatibility between future redevelopment and existing land uses and will likely add value to the surrounding area by supporting reinvestment along W. 44th Avenue. Design standards for MU-C are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Ultimately, the MU-C zoning supports a vibrant corridor on W. 44th Avenue and thereby promotes the health, safety, and welfare of the community. Rezoning will allow a development where residents are invested in the community and likely employees of local businesses. Commercial uses will serve the neighborhood residents, local business employees and visitors to Wheat Ridge. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building Planning Commission 5 Case No. WZ-21-10 / Howard Johnson Rezone permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. W. 44th Avenue runs east-west and provides essential connections to important activity centers on the western edge of the city (Ward Station TOD area, Clear Creek Trail, Clear Creek Crossing Development, Applewood Village and numerous residential neighborhoods). It is predominantly commercial in character. In the City’s 2009 comprehensive plan, Envision Wheat Ridge, the property is identified as a Neighborhood Buffer Area and Neighborhood Commercial Corridor (Exhibit 5, Comprehensive Plan). The Neighborhood Commercial Corridor designation envisions the specified area to contain a broad mix of activities, including small-scale pedestrian-friendly mixed-use retail, commercial businesses, and residential, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. The subject area functions as a buffer between the low-intensity residential areas to the south and higher intensity commercial uses. Envision Wheat Ridge speaks to Neighborhood Buffer Areas as transitioning in response to the underutilized nature of these properties and deems multi-family residential and commercial uses appropriate. 44th Avenue is known to have a disparate mix of uses and lack of private property maintenance/investment along the corridor and Envision Wheat Ridge acknowledges this with goals and strategies that promote neighborhood revitalization through creative approaches for housing redevelopment, including reuse of existing structures to create new housing types as seen with the subject proposal. Stated goals in the comprehensive plan are to encourage neighborhood revitalization, diversify housing options, promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and small-scale retail use. This zone change request supports the comprehensive plan by enabling investment in the property, diversifying housing options, and by aligning the zoning with the City’s goals to create an active, mixed-use corridor. The property is within the 44th and Ward Urban Renewal area and the zone change is supported by the goals and objectives of the 44th and Ward Urban Renewal Plan which identifies a need for redevelopment which would “promote greater and reasonable economic utilization” of the land. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Planning Commission 6 Case No. WZ-21-10 / Howard Johnson Rezone Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from C-1 to MU-C neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. 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 City of Wheat Ridge acknowledges the need for diversifying housing stock. The Jefferson County Community Needs Assessment (2020) lists Recommendation 1 as prioritizing housing stability. Rezoning to allow for workforce housing responds to this community need which is not specifically enumerated in the City’s 2009 comprehensive plan. The proposed commercial uses will offer new employment, retail and/or restaurant/entertainment opportunities. 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. A meeting for neighborhood input was held on September 14, 2021. This meeting was advertised and conducted as a virtual meeting on Zoom. Seven members of the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, November 5, 2021, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No comments. If future development occurs, comments will be provided at time of site plan and/or plat for this site. Planning Commission 7 Case No. WZ-21-10 / Howard Johnson Rezone Arvada Fire Protection District: No objections. Xcel Energy: No comments received. Century Link: No comments received. Comcast Cable: No comments received. Valley Water District: No objections. Water demand will be further reviewed at site plan application. Fruitdale Sanitation District: No objections. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan and 44th and Ward Urban Renewal Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-21-10. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-21-10, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 12100 W. 44th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of W. 44th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-21-10, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 12100 W. 44th Avenue, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WZ-21-10 / Howard Johnson Rezone EXHIBIT 1: AERIAL Planning Commission 9 Case No. WZ-21-10 / Howard Johnson Rezone EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WZ-21-10 / Howard Johnson Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 11 Case No. WZ-21-10 / Howard Johnson Rezone Planning Commission 12 Case No. WZ-21-10 / Howard Johnson Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: September 14, 2021 Attending Staff: Zareen Tasneem, Planner I Location of Meeting: Virtual Zoom meeting Property Address: 12100 W. 44th Avenue Property Owner(s): LD Hospitality Inc. Property Owner(s) Present? No Applicant: Eric Bogart Mark Nemger Stuart Sloat Applicant Present? Yes Existing Zoning: Commercial-One (C-1) Existing Comp. Plan: Neighborhood Buffer Area, Neighborhood Commercial Corridor Existing Site Conditions: 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 corridor study slated to take place to in 2022. The I-70 West 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 contains a hotel built in 1985. 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. A Howard Johnson Hotel currently operates on the site. There is a restaurant component located on the first floor of the hotel that is currently vacant. Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the property to Mixed Use-Commercial (MU-C) in order to convert the existing 108-room motel and restaurant into approximately 95 residential apartments. The project aims to generate workforce housing to serve the Wheat Ridge area. The units will have kitchens and be a mixture of studio, one-, and two-bedroom units. The applicant has done these kind of conversion projects elsewhere in Colorado, including in Colorado Springs, Glenwood Springs, Pagosa EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 13 Case No. WZ-21-10 / Howard Johnson Rezone Springs, Fountain, and Pueblo. They do not want to displace existing long-term residents; after building permit approval, they anticipate it will take about 6 months to complete the conversion process. Long-term, they are proposing to subdivide the front portion of the property and create two commercial pad sites. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 7 members of the public attended the neighborhood meeting. All members of the public that attended were nearby residential residents. • Staff discussed the site, its zoning, and future land use. • The applicant and members of the public were informed of the process for the rezone. • The members of the public were informed of their opportunity to make comments during the process and at the public hearings. • The applicant made a brief presentation on wanting to rezone to allow for them to convert the hotel into apartments intended for workforce housing. The following issues were discussed regarding the zone change: • What assurances can you provide that you will not sell the property in a year? Will you be a long-term owner? The applicant stated they could not provide assurances. However, these conversions were projects they did to buy and hold since they would be making major investments in the property. • What other development projects have you done? The applicant has done many projects in Colorado Springs. They currently have on-going projects in Pagosa Springs and Glenwood Springs also focused on hotel conversions. • What will the lease terms be? Will they be weekly or 6-month leases? What will be the price range for the rent? What is the square footage per unit? These would be full-time residents. Rent would be $1,050-$1,350 per month. The applicant would work with a property management company to manage the property. Units will be about 250 sf – 650 sf each. • Do you anticipate residents using Section 8 housing vouchers? The applicant anticipates maybe 10% of residents would be income-qualified, however they will neither focus on nor exclude such residents. Their focus is on providing workforce housing for service industry workers such as restaurant workers, teachers, hospital workers, etc. Residents will need to pass credit, background, and employment checks. • One attendee noted: It is encouraging to see this Howard Johnson redevelopment. In addition to the Youngfield and Clear Creek Crossing development, we hope this will increase our home prices. • One attendee alleged the truck stop across the street brings in “riff-raff” and that HUD housing also brings in crime. They observed that transient people are cutting the fencing around the greenbelt to access it, and they asked if the applicant would allow immigrants. Planning Commission 14 Case No. WZ-21-10 / Howard Johnson Rezone The applicant clarified that these would be market-rate apartments, not HUD housing, and discrimination against immigrants is illegal. They also would like to see the lake cleaned up and useable. • What will the commercial use be? While the use is unknown, the applicant feels the property is underutilized and hopes it adds value to the community. They envision an additional building being built along W. 44th Avenue. • Is there enough parking on the site? Could the building be used as a hotel again? The site is currently overparked. While a hotel use is permitted under MU-C, that would require a change of use and need to meet applicable building code requirements. • One attendee encouraged as much landscaping as possible in order to buffer from the truck stop, and noted the City needs to make sure the landscaping is maintained. They asked: Are there landscaping requirements? Will a dog park or a playground be required? Staff explained the City had a landscape inspection program for commercial properties and that it would apply to this property as well. There are landscaping requirements that would need to be met during the site plan review process. It is on the applicant to decide the amenity programming. Prior to the neighborhood meeting, staff did not receive any comments from the public. Planning Commission 15 Case No. WZ-21-10 / Howard Johnson Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Planning Commission 16 Case No. WZ-21-10 / Howard Johnson Rezone EXHIBIT 6: SITE PHOTOS View of the subject property looking south from W. 44th Avenue. (Source: Google Maps November 2021) View of the subject property looking southeast from W. 44th Avenue and Van Gordon Street intersection. (Source: Google Maps November 2021) Planning Commission 17 Case No. WZ-21-10 / Howard Johnson Rezone View of the subject property looking east from Van Gordon Street. (Source: Google Maps November 2021) ATTACHMENT 3 ITEM NO: 3 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 02-2022 – A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 4000-4066 UPHAM STREET IN THE RESIDENTIAL-THREE (R-3) ZONE DISTRICT (CASE NO. WS-21-06 / RIDGETOP VILLAGE PLAT) PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a major subdivision on property located at 4000-4066 Upham Street. The purpose of the request is to subdivide the property into 22 lots, plus four tracts. The plat is required to allow each dwelling in the development to be owned separately, to establish common area tracts, and to establish the necessary utility and access easements. PRIOR ACTION: Planning Commission heard the request at a public hearing on December 16, 2021 and recommended approval of the major subdivision for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. Attached is a copy of the Planning Division staff report, which provides a detailed description of the application. Council Action Form – Major Subdivision at 4000-4066 Upham Street January 10, 2022 Page 2 Planning Commission approved a Planned Building Group (PBG) site plan for the property at the hearing on December 16, 2021. The approved PBG includes specific site details including site design, landscaping, architecture, parking, and lighting. City Code requires the Planning Commission to review the PBG at one public hearing, and their decision is final. City Council is required by code to review any major subdivision application, but does not review the site plan application or other site details such as construction documents. FINANCIAL IMPACT: Fees in the amount of $1,625 were collected for the review and processing of Case No. WS-21- 06. Permit fees and use tax will be paid at time of building permit for future development. Fees-in-lieu of parkland dedication totaling $44,951.22 are due at time of building permit. BACKGROUND: The site is located on the east side of Upham Street, midway between W. 38th Avenue and W. 44th Avenue and is 82,849 square feet (1.9 acres) in size. It contains four (4) lots with one single- family home each. The existing homes were built in the 1920s-1950s and are in average/fair condition per the Jefferson County Assessor. The lots are double depth (a full city block deep) and approximately ½ acre each, which is oversized for the area. The property is zoned Residential-Three (R-3), as are all of the surrounding properties on Upham Street in this area. The school property to the east is zoned Residential-Two (R-2), as are properties further north on Upham Street. Properties further to the south on Upham Street are zoned mixed use (MU-C and MU-N), reflective of the commercial and higher-density character of 38th Avenue. The area has a wide range of residential uses, ranging from some single-family properties to large multifamily developments. The property to the north contains a three-story apartment building, the property to the south contains a single-family home, and properties across Upham Street to the west are primarily multifamily except for one single-family home midway across the street. Key components of the subdivision are described below. The plat document and additional details are included in the enclosed Planning Division staff report. The purpose of a subdivision plat is not to review specific site plan or architectural details (these have already been approved by Planning Commission), but rather to confirm appropriate lot configuration, access, rights-of-way, easements and utility service to the site in order to create developable parcels for a land use that is already permitted by the underlying zoning. Lot Configuration The subdivision creates 22 townhome lots across 11 buildings, which will allow the developer to sell the units individually. It also creates four tracts: Tract A for private access including the private drive, sidewalks, and guest parking; and Tracts B, C, and D which are common area landscaping including a community garden and gathering area. New development on the site is required to comply with the R-3 development standards including setbacks/build-to, building height, architecture/materials, open space, parking, and lighting. The applicant is proposing to develop the site under the existing standards in R-3 and all Council Action Form – Major Subdivision at 4000-4066 Upham Street January 10, 2022 Page 3 proposed building forms, setbacks, and heights are permitted by the R-3 zoning. The permitted density calculation in the R-3 zone district is one (1) dwelling unit for every 3,630 square feet of land area, which equals 12 units per acre. Given a net lot size (gross acreage minus required right-of-way dedication) of 80,029 square feet (1.8372 acres), the property is eligible for 22 residential dwelling units. Easements Several easements are created by this plat to allow adequate infrastructure and access: • A 25’ wide access/emergency easement covers roughly the boundaries of Tract A. Additionally, all areas with driving surfaces includes a blanket access easement for owners, tenants, and guests. • A drainage easement between Lots 8 and 9 allows conveyance to the off-site detention pond on the Jefferson County Public Schools property. The site is relatively flat and there is no storm sewer in Upham Street, so the applicant has worked with Jeffco Public Schools to coordinate shared use of an existing detention facility immediately east of the site on the school district’s property. The school district has provided written consent to this arrangement and an access and maintenance agreement is prepared to be executed if the project is approved by the City. The school district has no objections to the plans and has provided written consent. • Water and sanitation easements are being recorded by separate document in coordination with the utility districts. • The applicant is working with Xcel and additional easements may be required, to be recorded by separate document. Public Improvements & Required Agreements The developer will construct public improvements within the dedicated right-of-way on Upham Street. The plat dedicates a 6.5-foot wide strip of right-of-way (ROW) along Upham Street for the majority of the frontage, with a portion at the south end being 26.5 feet wide. This will allow Upham Street to be brought up to current standards for local streets. The frontage will be upgraded to include a 5-foot attached sidewalk, new curb and gutter, and the street will be widened slightly allowing for on-street parking with more room for passing. Lighting will also be added. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right- of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future certificate of occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. RECOMMENDATIONS: A subdivision plat is a technical document and review is a ministerial action. The plat complies with the requirements on the subdivision regulations (Article IV in Chapter 26 of the City Code, is consistent with the R-3 zoning requirements and the approved PBG site plan, and staff has confirmed that all utility agencies can serve the property. For those reasons, staff is recommending approval of the request. Council Action Form – Major Subdivision at 4000-4066 Upham Street January 10, 2022 Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 02-2022, a resolution approving a major subdivision at 4000- 4066 Upham Street in the Residential-Three (R-3) zone district for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. and with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat.” Or, “I move to deny Resolution No. 02-2022, a resolution approving a major subdivision at 4000- 4066 Upham Street in the Residential-Three (R-3) zone district for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 02-2022 2. Planning Division Staff Report with Plat Document 3. Planning Commission Draft Meeting Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE RESOLUTION NO. 02 Series of 2022 TITLE: A RESOLUTION APPROVING A MAJOR SUBDIVISION AT 4000-4066 UPHAM STREET IN THE RESIDENTIAL-THREE (R-3) ZONE DISTRICT (CASE NO. WS-21-06 / RIDGETOP VILLAGE PLAT) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of subdivision plats; and, WHEREAS, an application for a subdivision plat with was received from Upham Partners to subdivide property located at 4000-4066 Upham Street in the Residential- Three (R-3) zone district; and, WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the Planning Commission has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws and forwarded its recommendation of approval; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A MAJOR SUBDIVISION PLAT ON PROPERTY ZONED RESIDENTIAL-THREE (R-3) LOCATED AT 4000-4066 UPHAM STREET IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation of approval. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. All agencies can provide services to the property with improvements installed at the developer’s expense. And, with the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and Lot Sale Restriction Covenant Agreement prior to recordation of the subdivision plat. DONE AND RESOLVED by the City Council this 10th day of January 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Planning Commission 1Case No. WS-21-06 / Ridgetop Village Plat CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: December 16, 2021 (Planning Commission) / January 10, 2022 (City Council) CASE MANAGER: Scott Cutler, Senior Planner CASE NO. & NAME: WS-21-06 / Ridgetop Village Plat ACTION REQUESTED: Request for approval a major subdivision with 22 lots and additional tracts. LOCATION OF REQUEST: 4000-4066 Upham Street APPLICANT/OWNER (S): Upham Partners APPROXIMATE AREA: 82,849 square feet (1.9 acres) PRESENT ZONING: Residential-Three (R-3) PRESENT LAND USE: Single-family ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)SUBDIVISION REGULATIONS(X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WS-21-06 / Ridgetop Village Plat JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Case No. WS-21-06 is an application for a major subdivision on property located at 4000-4066 Upham Street and zoned Residential-Three (R-3). The applicant is proposing to subdivide the property into 22 lots, plus four (4) tracts under the existing R-3 zoning. Given the total number of lots, this request is a major subdivision, which requires Planning Commission to make a recommendation to City Council who is the final authority for approval. The purpose of a subdivision plat is not to review specific site plan details, but rather to confirm appropriate lot configuration, access, rights-of-way, easements, and utility service to the site in order to create developable parcels for land uses that are already permitted by the underlying zoning. The plat will allow each unit in the development to be owned separately. A separate application for a planned building group (PBG) site plan (Case No. PBG-21-02) is being reviewed concurrently with the plat. The PBG will be reviewed by Planning Commission at one public hearing. That case will not require review by City Council, and the decision of the Planning Commission is final. That application includes specific site details including site design, landscaping, architecture, parking, and lighting. Staff recommended approval of that request. II. EXISTING CONDITIONS AND PROPERTY HISTORY The site is located on the east side of Upham Street, midway between W. 38th Avenue and W. 44th Avenue (Exhibit 1, Aerial). The site is 82,849 square feet (1.9 acres) in size and contains four lots with one single-family home each. The existing homes were built in the 1920s-1950s and are in average/fair condition, according to the Jefferson County Assessor. The existing lots are unusual in that they are double depth (a full city block deep) and each approximately ½ an acre, which is oversized for the area. The property is zoned Residential-Three (R-3), as are all of the surrounding properties on Upham Street in this area (Exhibit 2, Zoning). The school property to the east is zoned Residential-Two (R-2), as are properties further north on Upham Street. Properties further to the south on Upham Street are zoned mixed use (MU-C and MU-N), reflective of the commercial and higher-density character of 38th Avenue. The area has a wide range of residential uses, ranging from some single-family properties to large multifamily developments. The property to the north contains a three-story apartment building, the property to the south contains a single-family home, and properties across Upham Street to the west are primarily multifamily except for one single-family home midway across the street. The property was subject to a rezoning application for a Planned Residential Development (PRD), which was approved by City Council in May 2019 before being overturned by voters in November 2019. Based on the results of the referred ballot question and public comment received, the applicant has completely revised their proposal to be compliant with the existing R-3 zoning. Details of the proposal are described in Section III of this report. Planning Commission 3 Case No. WS-21-06 / Ridgetop Village Plat The permitted density calculation in the R-3 zone district is one (1) dwelling unit is permitted for every 3,630 square feet of land area, which equals 12 units per acre. Given a net lot size (gross acreage minus required right-of-way dedication) of 80,029 square feet (1.8372 acres), the property is eligible for 22 residential dwelling units. III. PROPOSED SUBDIVISION PLAT Plat Document The proposed plat document consists of three pages (Exhibit 3, Ridgetop Village Subdivision). The first page includes a legal description of the property; signature blocks for the owners, City, surveyor and County; standard declarations and notes; and a data table. The second page includes the plat map which shows proposed property lines for the lots and tracts. The third page includes easements, including access, water, sanitation, and drainage. Lot Configuration The site is being developed under the multifamily development standards in R-3, and the plat allows individual ownership of each unit and HOA ownership of common tracts. The subdivision creates 22 lots, which will allow the developer to sell each of the units individually. The proposed development is not a rezoning; the applicant is proposing to develop the site under the existing standards in R-3 and all building forms, setbacks, and heights are permitted by the R-3 zoning. In addition to the lots for the attached units, the plat also creates four tracts which will be owned and maintained by the HOA: 1. Tract A: Private access including drive, sidewalks, and guest parking 2. Tract B: Common open space (community garden and gathering area) 3. Tract C: Common open space (landscaping) 4. Tract D: Common open space (landscaping) Easements Several easements are created by this plat to allow adequate infrastructure and access: • A 25’ wide access/emergency easement covers roughly the boundaries of Tract A. Additionally, all areas with driving surfaces includes a blanket access easement for owners, tenants, and guests. • A drainage easement between Lots 8 and 9 allows conveyance to the off-site detention pond on the Jefferson County Public Schools property. The site is relatively flat and there is no storm sewer in Upham Street, so the applicant has worked with Jeffco Public Schools to coordinate shared use of an existing detention facility immediately east of the site on the school district’s property. The school district has provided written consent to this arrangement and an access and maintenance agreement is prepared be executed if the project is approved by the City. The school district has no objections to the plans. • Water and sanitation easements are being recorded by separate document in coordination with the utility districts. • The applicant is working with Xcel and additional easements may be required, to be recorded by separate document. Planning Commission 4 Case No. WS-21-06 / Ridgetop Village Plat Public Improvements & Right-of-Way Dedication The plat dedicates a 6.5 foot strip of Right-of-Way (ROW) along Upham Street for the majority of the frontage, with a portion at the south end being 26.5 feet wide. This will allow Upham Street to be brought up to current City standards for local streets. The ROW dedication is wide at the south end because Upham Street in this area actually lies within private property, not dedicated ROW, so the dedication will allow the City to fully control Upham Street in this area (although it was already within a prescriptive easement). Public improvements will be constructed within the dedicated ROW on Upham Street, upgrading the existing frontage with a 5-foot attached sidewalk and new curb and gutter. The street will be widened slightly, allowing for on-street parking. A street light will also be added in this area. A Subdivision Improvement Agreement (SIA) will ensure all improvements in the public right-of-way and other on-site improvements necessary for the site to function, such as utilities and drive aisles, are in place prior to any future Certificate of Occupancy. The SIA dictates construction and maintenance responsibilities as well as the timing of permit issuance relative to completion of the public improvements. Parkland Dedication The subdivision regulations include a parkland dedication requirement for all residential development based on the assumption that additional residents in the City will impact the demand for parks and open space. The fee is $2,497.29 per residential unit paid at time of building permit issuance. Credit is given for the four existing single-family homes, so fees are required for the net increase of 18 new units, for a total of $44,951.22. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. Specific referral responses follow. Wheat Ridge Engineering Division: No concerns. Civil construction documents are under review. Wheat Ridge Building Division: No comments at this time. Any future development will be required to obtain building permits that will be reviewed for compliance with current building codes. West Metro Fire Protection District: No remaining comments on the site plan. The applicant is working with West Metro to obtain approval of the civil construction documents. Wheat Ridge Sanitation District: The applicant is coordinating minor remaining comments from Wheat Ridge Sanitation. The district can serve the development. Wheat Ridge Water District: The applicant is coordinating with Wheat Ridge Water. The district can serve the development. Xcel Energy: No concerns. Xcel is comfortable with easements being recorded by separate document. Applicant is working with Xcel designer on utility plan. Planning Commission 5 Case No. WS-21-06 / Ridgetop Village Plat Century Link / Lumen: No concerns. Comcast: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff has concluded that the proposed subdivision plat results in a logical lot layout, including the proposed right-of-way dedication. Staff further concludes that the subdivision plat complies with the standards in Article IV of Chapter 26 of the City Code (subdivision regulations) and that all utility agencies can serve the property. The plat provides for development of a land use that is permitted by the underlying zoning. For these reasons, staff recommends approval of the subdivision plat. VI. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WS-21-06, a request for approval of a major subdivision on property located at 4000-4066 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat. Option B: “I move to recommend DENIAL of Case No. WS-21-06, a request for approval of a major subdivision on property located at 4000-4066 Upham Street and zoned Residential-Three (R-3), for the following reasons: 1. ...” Planning Commission 6 Case No. WS-21-06 / Ridgetop Village Plat EXHIBIT 1: AERIAL (2020) Planning Commission 7 Case No. WS-21-06 / Ridgetop Village Plat EXHIBIT 2: ZONING MAP Planning Commission 8 Case No. WS-21-06 / Ridgetop Village Plat Attached as an 11x17 document on the following page. EXHIBIT 3: RIDGETOP VILLAGE SUBDIVISION Planning Commission Minutes - 1 – December 16, 2021 PLANNING COMMISSION Minutes of Meeting December 16, 2021 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair LARSON at 7:02 p.m. This meeting was heldin person and virtually, using Zoom video-teleconferencing technology. As dulyannounced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Will Kerns Daniel Larson Janet Leo Commission Members Absent: Jahi Simbai Staff Members Present: Lauren Mikulak, Planning Manager Stephanie Stevens, Senior Planner Scott Cutler, Senior Planner Rocky Macsalka, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner DISNEY and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 5-0. 5.APPROVAL OF MINUTES – November 18, 2021 ATTACHMENT 3 Planning Commission Minutes - 2 – December 16, 2021 It was moved by Commissioner ANTOL and seconded by Commissioner DISNEY to approve the minutes of November 18, 2021, as written. Motion carried 5-0. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-21-12: an application filed by Jacob Hill for approval of a zone change from Residential-One (R-1 to Residential-One B (R-1B) for a property located at 9605 West 38th Avenue. Ms. Stevens gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. It was moved by Commissioner KERNS and seconded by Commissioner DISNEY to recommend APPROVAL of Case No. WZ-21-12, a request for approval of a zone change from Residential-One (R-1) to Residential-One B (R-1B) for property located at 9605 West 38th Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of West 38th Avenue. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. Motion carries 5-0. B. Case No. PBG-21-02 and WS-21-06: applications filed by Upham Partners for approval of a Planned Building Group site plan with 11 buildings and a major subdivision with 22 lots and additional tracts for a property zoned Residential-Three (R-3) located at 4000-4066 Upham Street. Mr. Cutler gave a short presentation regarding the planned building group, and subdivision and the applications. He entered into the record the contents of the Planning Commission Minutes - 3 – December 16, 2021 case files, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner KERNS inquired about adding a pedestrian access easement from this property to the school for children to safely get to school. Mr. Cutler mentioned it is not a good connection point because any path would lead to the detention pond. Commissioner KERNS also wanted confirmed that each unit will include a 2-car garage and wondered where guest parking spaces will be. Mr. Cutler confirmed 2-car garages in each unit and said there will be 5 formal guest parking spaces on site. He added that two of the buildings will have driveways able to accommodate 4 cars and there will also be on-street parking along Upham Street. Commissioner ANTOL asked for clarification that the second piece, the plat, for this project is to have a community garden and open space. Mr. Cutler explained that the site plan deals with the landscaping and architecture and the plat allows the property to be subdivided and dedicates the easements and common areas which includes the community garden and open space. In response to a question from Commissioner LARSON about Parkland Fees, Mr. Cutler mentioned that the fees will approximately be $2500 per unit. Commissioner LARSON asked if there will be a Homeowner’s Association (HOA) or a Metro District for this subdivision. Matt Hill, applicant 5000 Quitman Street, Denver Mr. Hill clarified that there is already a Metro District in place which is a holdover from the previous submission. He added that he is very excited about this opportunity. Public Comment Rolly Sorrentino, resident 4175 Teller Street Mr. Sorrentino appeared to address the process and reminded the Commission there was a previous application on this property that was voted down by the citizens of Wheat Ridge. He believes this subdivision is just molded a little Planning Commission Minutes - 4 – December 16, 2021 differently. He wished the citizens had more to say about this application submittal. Kylie Ladd, resident 4221 Upham Street Ms. Ladd asked about what consideration has been given to the increased traffic on Upham Street and speeding due to this potential project, which is already a problem. Commissioner LARSON closed the Public Comment. Commissioner DISNEY said she will be voting in favor of this project because housing is need in the community and it is different from the first project and likes the changes that have been made. She added it complies with the zoning code and will be a beautiful addition to the neighborhood and will give people an opportunity to become homeowners in the City of Wheat Ridge. Commissioner LEO believes this project fits perfectly into this neighborhood and it will be an aesthetic improvement to the area. She added she likes the parking plan. Commissioner KERNS likes that this is a high-quality development and is two-story instead of three-story. He added he likes the parking and access looks great. Commissioner LARSON wanted clarification on of the need for the indent on Upham Street. Mr. Cutler explained there will be ROW dedication and the indent will allow for on-street parking. Commissioner LARSON like the landscaping plan and the circulation of the project and believes this development will benefit the community. Commissioner ANTOL mentioned she is pleased to see these types of developments coming to the Wheat Ridge area and likes the diversity of the housing that is needed in the neighborhood. Ms. Mikulak responded to the one traffic question on Upham street and mentioned the development did not warrant a traffic study, based on the number of units. She added that Upham Street will be a cut-through street during the construction on Wadsworth and the Police Department is aware of this. Also, there is a Neighborhood Traffic Management Program that can look at traffic after the construction is complete. It was moved by Commissioner LEO and seconded by Commissioner DISNEY to APPROVE Case No. PBG-21-02, a request for approval of a Planning Commission Minutes - 5 – December 16, 2021 planned building group site plan on property located at 4000 to 4066 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. The proposed plan complies with the zoning and development code and is not contrary to the general welfare of the immediate neighborhood and the economic prosperity of the City. 2. The proposed plan is in substantial compliance with the City’s Architectural and Site Design Manual. 3. Utility infrastructure adequately serves the property. Motion approved 5-0. It was moved by Commissioner ANTOL and seconded by Commissioner LEO to recommend APPROVAL of Case No. WS-21-06, a request for approval of a major subdivision on property located at 4000-4066 Upham Street and zoned Residential-Three (R-3) for the following reasons: 1. All requirements of the subdivision regulations (Article IV) of the zoning and development code have been met. 2. All agencies can provide services to the property with improvements installed at the developer’s expense. With the following conditions: 1. The applicant shall pay the required fees-in-lieu of parkland dedication at time of building permit. 2. The developer shall enter into a Subdivision Improvement Agreement and a Lot Sale Restriction Covenant Agreement with the City at the time of recordation of the subdivision plat. Motion carries 5-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Commissioner LARSON mentioned the 2 open appointments in the Planning Commission District I and II and encouraged the residents of Wheat Ridge to apply. B. Ms. Mikulak mentioned there will not be a January 6 PC Meeting, but most likely there will be cases to be heard at the January 20 meeting. She also introduced our new Civil Engineer, Rocky Macsalka. C. Development updates included the zone change for the multi-family being approved by City Council and soon a Specific Development Plan will be presented to the Commission. Ms. Mikulak also mentioned that SCL in Clear Creek ITEM NO: 4 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2022 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9605 W. 38TH AVENUE FROM RESIDENTIAL-ONE (R-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-21-12) PUBLIC HEARING ORDINANCES FOR 1ST READING (1/10/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/14/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Residential-One (R-1) to Residential-One B (R-1B) for property located at 9605 W. 38th Avenue. The zone change retains the single-family character of the neighborhood and could allow the oversized subject property to accommodate two single-family homes in the future. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on December 16, 2021 and recommended approval. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the February 14, 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 $885.00 were collected for the review and processing of Case No. WZ-21-12. If the rezoning is approved, the City may benefit from various fees collected depending on the future permitted use, such as building permit fees and use tax. Council Action Form – Proposed Rezoning at 9605 W. 38th Avenue January 10, 2022 Page 2 BACKGROUND: The property is located at the northeast corner of W. 38th Avenue and Independence Court and is an oversized corner lot. An Improvement Survey Plat submitted by the applicant shows the property is almost twice the minimum size for R-1, measuring 21,065 square feet (0.48 acres) in size. The lot width parallel to W. 38th Avenue is 140 feet and the lot width parallel to Independence Court is 150 feet. The site is currently vacant land; the site used to contain a single-family house that was demolished in 2020. According to the Jefferson County Assessor, the home had originally been constructed in 1898, was 1,020 square feet in size, and was listed in fair condition. The site has roughly 15 feet of fall from the south end of the property to the north end. Current and Proposed Zoning The applicant is requesting the property be rezoned from Residential-One (R-1) to Residential- One B (R-1B). Both zone districts are intended to provide high quality, safe, quiet and stable low-density residential neighborhoods. Both zone districts allow only single-family home development—duplexes and multifamily are not permitted. The subject property is too small in either zone district to allow any of the nonresidential uses contemplated by the zoning (churches, schools, government buildings, and group homes). The applicant is requesting the zone change to R-1B so they can subdivide the oversized parcel and build two single-family homes. Surrounding zoning is predominantly R-1 and R-2 with a pocket of R-2A to the southwest, and surrounding land uses are mostly single-family homes and duplexes. While R-1B is not located in the area, the single-family zone district is consistent with the surrounding area and would not result in significant change to the area. The applicant desires to rezone in order to provide the opportunity to build two homes that are proportional to the lots and more affordable. An analysis of the zone change criteria will be provided at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission staff report and minutes will be included in the City Council packet for the public hearing. Council Action Form – Proposed Rezoning at 9605 W. 38th Avenue January 10, 2022 Page 3 RECOMMENDED MOTION: “I move to approve Council Bill No. 01-2022, an ordinance approving the rezoning of property located at 9605 W. 38th Avenue from Residential-One (R-1) to Residential-One B (R-1B) on first reading, order it published, public hearing set for Monday, February 14, 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. 01-2022 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 01 ORDINANCE NO. ______ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 9605 W. 38TH AVENUE FROM RESIDENTIAL- ONE (R-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-21-12) 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, Jacob Hill has submitted a land use application for approval of a zone change to the Residential-One B (R-1B) zone district for property located at 9605 W. 38th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge—which calls for “Neighborhood” uses in this area and to encourage reinvestment in property, maintain consistent character and create opportunities for home ownership; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 16, 2021 and voted to recommend approval of rezoning the property to Residential-One B (R-1B). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Jacob Hill for approval of a zone change ordinance from Residential-One (R-1) to Residential-One B (R-1B) for property located at 9605 W. 38th 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: PARCEL A: THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EAST LINE OF INDEPENDENCE PLACE, WHICH IS 55 FEET SOUTH OF THE SOUTHWEST CORNER OF LOT 7, NORTHERN SLOPE SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, WHICH IS THE TRUE POINT OF BEGINNING; THENCE EAST 35.75 FEET; THENCE SOUTH 150 FEET TO THE NORTHERLY BOUNDARY LINE OF WEST 38TH AVENUE; THENCE WEST ALONG THE NORTHERLY LINE OF WEST 38TH AVENUE, A DISTANCE OF 20.75 FEET; THENCE ON A CURVE TO THE RIGHT WITH A15 FOOT RADIUS, TO A POINT ON THE EAST LINE OF INDEPENDENCE PLACE, WHICH POINT IS 134.2 FEET SOUTH OF THE POINT OF BEGINNING, THENCE NORTH, ALONG SAID EAST LINE, A DISTANCE OF 134.2 FEET TO THE POINT OF BEGINNING. PARCEL B: THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST 16TH CORNER ON THE SOUTH LINE OF SAID SECTION 22, WHERE THE CENTERLINE OF WEST 38TH AVENUE AND THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22 INTERSECT; THENCE NORTH 30 FEET AND WEST 15 FEET TO THE TRUE POINT OF BEGINNING ON THE NORTH LINE OF WEST 38TH AVENUE; THENCE CONTINUING WEST ALONG THE NORTH LINE OF WEST 38TH AVENUE, A DISTANCE OF 90 FEET; THENCE NORTH, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 150 FEET; THENCE EAST, PARALLEL WITH THE NORTH LINE OF WEST 38TTH AVENUE, A DISTANCE OF 90 FEET, MORE OR LESS, TO A POINT 15 FEET WEST OF THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE ALONG SAID LINE. A DISTANCE OF 150 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL C: THAT PART OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WHICH IS 15 FEET IN ITS EAST-WEST MEASUREMENT AND LIES IMMEDIATELY EAST OF AND ADJACENT TO THE ABOVE DESCRIBED PARCEL B. 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 10th day of January, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, February 14, 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 ___________, 2022. SIGNED by the Mayor on this _______ day of _______________, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: January 13, 2022 2nd publication: Jeffco Transcript: Effective Date: ITEM NO: 5 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2022 – A RESOLUTION RECOGNIZING HISTORICAL ASSETS ON THE LUTHERAN LEGACY CAMPUS AND SUPPORTING A GOOD FAITH EFFORT TO PRESERVE, REHABILITATE AND/OR REUSE THE BLUE HOUSE, TUCKER TENT, AND THE CHAPEL OF THE GOOD SAMARITAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: On October 25, 2021 City Council adopted the Lutheran Legacy Campus Master Plan. During the public hearing, a City Council consensus motion was made to move forward a resolution recognizing the public’s interest in retaining the Blue House, Chapel and tuberculosis tent. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The public feedback received during the Lutheran Legacy Campus Master Plan was wide-ranging and sometimes divergent, but the community found common ground with a shared interest in Council Action Form – Lutheran Legacy Campus January 10, 2022 Page 2 some of the older structures on the site. Many individuals expressed a strong desire to retain the three structures which have historical value: the Blue House, the Chapel of the Good Samaritan, and the Tucker Tent. * The Blue House is a two-story farmhouse with a basement which dates to 1902 and is the oldest permanent structure on the property. It is located adjacent to 38th Avenue and in its early years served as the administrative offices and hospital ward for the tuberculosis sanitarium that surrounded the house. In 1921, it was repurposed as an office and lab as well as a dormitory for nurses. In the early 1980s it functioned as a thrift store, and from 1985 until 1997, the Lutheran Auxiliary operated a tearoom with lunch service. The Tucker Tent sits just south of the Blue House and is a relic of the tuberculosis sanitarium. It features wood and canvas walls with a shingled roof. From 1905 to 1921, the Lutheran Sanitarium relied on Tucker Tents to house and treat tuberculosis patients; the sanitarium started with 15 tents and grew to 29. The tents were decommissioned in 1921 when they were replaced with a more permanent facility. The Chapel of the Good Samaritan also faces 38th Avenue and was completed in 1932 during a period of expansion on the medical campus. Today it is connected to and accessible from the hospital’s North Pavilion. The three structures are all privately owned, and none are listed on the register of historic places. The intent of this resolution is to recognize the public interest in these structures and to urge future buyers of the property to make a good faith effort to explore preservation, rehabilitation, and/or reuse of the structures. RECOMMENDATIONS: Staff recommends approval of the resolution. * References: Bhasin, Roberty & Salzman, Carol. (2005). Celebrating 100 Years at Lutheran Medical Center. Historically Jeffco Newsletter. 18(26), 16-19. Jefferson County Historical Commission. https://www.jeffco.us/3449/Historical-Publications Donovan, Dorothy J. (1991). The Blue House Remembers. Historically Jeffco Newsletter. 4(2), 2-8. Jefferson County Historical Commission. https://www.jeffco.us/3449/Historical-Publications Hedde, Marta. (2021, August). A History of the Blue House, Part 1. Neighborhood Gazette. https://ngazette.com/ Hedde, Marta. (2021, September). The Blue House, Part 2. Neighborhood Gazette. https://ngazette.com/ Hedde, Marta. (2021, October). Life in a Tucker Tuburculosis Tent and Other Stories. Neighborhood Gazette. https://ngazette.com/ Hedde, Marta. (2021, November). Good Samaritan Chapel. Neighborhood Gazette. https://ngazette.com/ The Chapel of the Good Samaritan keeps Lutheran sanitarium alive. (2005, August 25). Colorado Community Media. https://coloradocommunitymedia.com We Raise Foundation (fka Wheat Ridge Ministries). (2019). Our History. https://weraise.org/who-we-are/our-history/ Council Action Form – Lutheran Legacy Campus January 10, 2022 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 03-2022, a resolution recognizing historical assets on the Lutheran Legacy Campus and supporting a good faith effort to preserve, rehabilitate and/or reuse the Blue House, Tucker Tent, and the Chapel of the Good Samaritan.” Or, “I move to postpone indefinitely Resolution No. 03-2022, a resolution recognizing historical assets on the Lutheran Legacy Campus and supporting a good faith effort to preserve, rehabilitate and/or reuse the Blue House, Tucker Tent, and the Chapel of the Good Samaritan, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2022 CITY OF WHEAT RIDGE RESOLUTION NO. 03 Series of 2022 TITLE: A RESOLUTION RECOGNIZING HISTORICAL ASSETS ON THE LUTHERAN LEGACY CAMPUS AND SUPPORTING A GOOD FAITH EFFORT TO PRESERVE, REHABILITATE AND/OR REUSE THE BLUE HOUSE, TUCKER TENT, AND THE CHAPEL OF THE GOOD SAMARITAN WHEREAS, the City of Wheat Ridge is a home rule municipality acting by and through its elected City Council; and, WHEREAS, the City Council is authorized by the home rule charter to adopt ordinances and resolutions for furtherance of the public interest; and, WHEREAS, the City Council adopted the Lutheran Legacy Campus Master Plan (“Master Plan”) after a public hearing on October 25, 2021; and, WHEREAS, the Master Plan documents the year-long public process and extensive public input; and, WHEREAS, through wide-ranging public input, the community of Wheat Ridge has expressed a collective interest and strong desire to retain the structures on the property which have historical significance, most notably the Blue House and the Chapel as well as the Tucker Tent; and, WHEREAS, the Blue House dates to 1902 and is the oldest permanent structure on the property; and, WHEREAS, the Tucker Tent is a relic of the site’s original purpose as a tuberculosis sanitarium for which a tent colony housed patients from 1905 to 1921; and, WHEREAS, the Chapel of the Good Samaritan dates to the 1930s and is a legacy of the religious history of the property; and, WHEREAS, the Blue House, the Tent, and the Chapel are currently under private ownership; and, WHEREAS, the City Council acknowledges that the property will likely undergo a change in ownership and a zone change in future years in order to implement the Master Plan; and, WHEREAS, the City Council desires to formally recognize and support the community’s shared interest in the Blue House, the Tucker Tent, and the Chapel of the Good Samaritan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Support for Preservation. The Wheat Ridge City Council recognizes and supports the community’s interest in the historical assets of the Lutheran Campus and urges future buyers to demonstrate a good faith effort in exploring meaningful preservation, rehabilitation, and/or reuse of the Blue House, the Tucker Tent, and the Chapel of the Good Samaritan. Section 2. Effective Date. This Resolution shall be effective upon adoption. DONE AND RESOLVED by the City Council this 10th day of January, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk ITEM NO: 6 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2022 – A RESOLUTION ESTABLISHING THE STREET WIDTH FOR 52nd AVENUE FROM WARD ROAD TO TABOR STREET, FOR TABOR STREET FROM 52nd AVENUE TO RIDGE ROAD, AND FOR RIDGE ROAD FROM TABOR STREET TO THE CITY BOUNDARY EAST OF SIMMS PLACE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The street widths for 52nd Avenue, Tabor Street and Ridge Road were designated by Council on February 25, 2019, but construction didn’t start within one year, so the street width designations must be redone in accordance with Section 5.20 of the City Charter. PRIOR ACTION: For several years, the City has lead extensive visioning and planning efforts focused on the Wheat Ridge · Ward Station planning area. Numerous Council updates and actions have occurred at various stages in these processes. Prior street related actions since Council last designated the street width for the three streets include the following: • On September 23, 2019, Council gave consensus to staff to pursue annexing the portions of the 52nd Avenue right-of-way (ROW) that were in Jefferson County. • On November 25, 2019, Council accepted the annexation petition for the portions of 52nd Avenue ROW that were within Jefferson County. Council Action Form – Ward TOD Street Width Designations January 10, 2022 Page 2 • On January 13, 2020, Council approved an Intergovernmental Agreement (IGA) with Jefferson County to annex the portions of the 52nd Avenue ROW that were within Jefferson County. • On May 10, 2021, Council approved a contract extension for design services with Short Elliot Hendrickson, Inc. (SEH) to restart the projects and complete the construction drawings for 52nd Avenue east of Ward Road, Tabor Street between Ridge Road and 52nd Avenue, and Ridge Road east of Tabor Street. FINANCIAL IMPACT: There is no financial impact in establishing street width designations. BACKGROUND: Whenever the width of an existing street is changed, Council must designate the new width of the street in accordance with Section 5.20 of the City Charter. The revised width of the affected streets is as follows: 1. Flow line – The width of the street is based on the flow line for streets with curb and is defined as the face-of-curb to face-of-curb distance. a. 52nd Avenue (Ward Road to Tabor Street), see Attachment 2 for the proposed street plans. i. Existing flow line width varies between 42 feet near Ward Road and 23 feet for most of the corridor. ii. Proposed flow line width is 35 feet to meet the 3-lane collector street standards, which provides for: • Two 10-foot-wide travel lanes • One 11-foot wide center turn lane • Two 2-foot wide gutters b. Tabor Street (52nd Avenue to Ridge Road), see Attachment 3 for the proposed street plans. i. Existing flow line width varies between 35 feet near Ridge Road and 22 feet for most of the corridor. ii. Proposed flow line width is 38 feet to meet the 2-lane with on-street parking local street standards, which provides for: • Two 11-foot-wide travel lanes • Two 6-foot wide parking lanes • Two 2-foot wide gutters iii. At either end, Tabor Street does not have the on-street parking and so is not as wide. However, the length of those segments is less than 300 feet so only one width needs to be designated. c. Ridge Road (Tabor Street to the City boundary east of Simms Street), see Attachment 4 for the proposed street plans. i. Existing flow line width varies between 40 feet near Tabor Street and 25 feet for most of the corridor. Council Action Form – Ward TOD Street Width Designations January 10, 2022 Page 3 ii. Proposed flow line width is 43 feet to meet the 3-lane with bike lanes collector street standards, which provides for: • Two 10-foot-wide travel lanes • One 11-foot wide center turn lane • Two 6-foot wide bike lanes including the 2-foot wide gutters 2. Street Reconstruction a. Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb, and/or gutter and construction of the same. b. All three streets are considered to be reconstruction projects. 3. Public Hearing Process a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width. b. After the public hearing on January 10, 2022, some form of construction must occur by January 10, 2023. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed (NTP) to a contractor who has been awarded a contract through the public bidding process. c. Prior to the end of the public hearing, citizens who wish to protest the street width designation can file a protest petition that requires a ¾ vote of the entire Council. d. Upon approval of a street width designation at the public hearing, citizens who wish to protest must follow the procedure in the City Charter to file a petition with 45 days. Street Construction Schedule After the street width was designated, the preparation of the construction plans continued until Fall 2020, when the decision was made to annex the portions of the 52nd Avenue ROW that were within Jefferson County. After the annexation process was completed, the construction plans were finalized and advertised for bids in March 2020, just as COVID was starting to impact the area. Largely due to COVID impacts, the bids were cancelled in late April 2020 and work on the Ward TOD projects was suspended. Subsequently, the remaining funding for the Ward TOD projects was transferred to Clear Creek Crossing to help complete the I-70 ramp project. In early 2021, the City of Arvada expressed a desire to restart the Streets projects due to the large amount of development that was occurring in both cities in the nearby area. Using funding from Arvada’s reimbursement for the design and ROW work completed prior suspending the projects, updating the construction plans for the Streets projects was started in June 2021. The construction plans needed to be updated due all the work that was completed by adjacent private development. Those plans are nearing completion and will be ready to advertise for bids in Spring 2022. The NTP for construction is expected to be issued this summer, so meeting the new deadline for the street width expiration is achievable, pending any unforeseen issues. RECOMMENDATIONS: Staff recommends approval of the street width designation for all three streets in order to advance the voter approved investment into the Wheat Ridge · Ward Station area. Council Action Form – Ward TOD Street Width Designations January 10, 2022 Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 04-2022, a resolution establishing street widths for 52nd Avenue from Ward Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from Tabor Street to the City boundary east of Simms Street.” Or, “I move to postpone indefinitely Resolution No. 04-2022, a resolution establishing street widths for 52nd Avenue from Ward Road to Tabor Street, for Tabor Street from 52nd Avenue to Ridge Road, and for Ridge Road from Tabor Street to the City boundary east of Simms Street for the following reason(s) ____________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 04-2022 2. Proposed Street Plan – 52nd Avenue 3. Proposed Street Plan – Tabor Street 4. Proposed Street Plan – Ridge Road CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 4 Series of 2022 TITLE: A RESOLUTION ESTABLISHING THE STREET WIDTH FOR 52ND AVENUE FROM WARD ROAD TO TABOR STREET, FOR TABOR STREET FROM 52ND AVENUE TO RIDGE ROAD, AND FOR RIDGE ROAD FROM TABOR STREET TO THE CITY BOUNDARY EAST OF SIMMS PLACE WHEREAS, the Cities of Wheat Ridge and Arvada have facilities within the Wheat Ridge · Ward Station area; and WHEREAS, the Cities of Wheat Ridge and the Arvada have programmed various street improvements within the Wheat Ridge · Ward Station area; and WHEREAS, City staff has completed construction plans for those street improvements; and WHEREAS, the construction plans establish new street widths on 52nd Avenue from Ward Road to Tabor Street, on Tabor Street from 52nd Avenue to Ridge Road, and on Ridge Road from Tabor Street to the City boundary east of Simms Place; and WHEREAS, Wheat Ridge Home Rule Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and WHEREAS, within one (1) year prior to construction or reconstruction of a street, the City Council shall hold a public hearing and adopt the new flowline of said street as the street’s official street width designation; and WHEREAS, in compliance with Charter Section 5.20, the City Council held a properly noticed public hearing on the proposed street width designations on January 10, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. New Street Width Designation. Pursuant to the authority vested in it by Charter Section 5.20, the City Council hereby designates street widths from flowline to flowline, for portions of 52nd Avenue, Tabor Street, and Ridge Road, as follows: a. 35 feet for that portion of West 52nd Avenue located between Ward Road and Tabor Street b. 38 feet for that portion of Tabor Street located between West 52nd Avenue and Ridge Road c. 43 feet for that portion of Ridge Road located between Tabor Street and the City boundary east of Simms Place ATTACHMENT 1 2 Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this 10th day of January 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk I R R I R R I R R I R R I R R I R R I R R x x x x x x S P E E D 2 5 U N L E S S M A X I M U M O T H E R W I S E P O S T E D W 5 2 n d A v e V i v i a n S t C I T Y O F W H E A T R I D G E S T 0 P D E P A R T M E N T O F P U B L I C W O R K S A T T A C H M E N T 2 2 0 6 5 4 9 5 . 8 2 8 4 2 I N A C C P / H A N O E x x x x x x x S T 0 P T R U C K S N O O V E R E M P T Y W T 7 , 0 0 0 L B S W 5 2 n d A v e U n i o n C t D E P A R T M E N T O F P U B L I C W O R K S 2185484.8184 RTD ROW MONUMENT PLS24942 x x x x x x x ST0P W 52nd Ave Taft Ct ST0P W 52nd Ave Taft Ct CENTER LANE ONLY CENTER LANE ONLY MUST TURN RIGHT RIGHT LANE 120 FT DEPARTMENT OF PUBLIC WORKS m b x x x x x x x x x x x x x x x x x x x S T 0 P S T 0 P A L L W A Y A L L W A Y W 5 2 n d A v e T a b o r S t S T 0 P W 5 2 n d A v e T a b o r S t A L L W A Y S T 0 P A L L W A Y W 5 2 n d A v e T a b o r S t W 5 2 n d A v e T a b o r S t D E P A R T M E N T O F P U B L I C W O R K S mb mb mb mb mb T x x x x x x x x R R W W W S S S S S S A N Y P A R K I N G N O T I M E D E P A R T M E N T O F P U B L I C W O R K S A T T A C H M E N T 3 T x x x x x x x x x x x x x x x x x x x S P E E D 2 5 U N L E S S M A X I M U M O T H E R W I S E P O S T E D S T 0 P A L L W A Y W 5 2 n d A v e T a b o r S t W W C B C B S D E P A R T M E N T O F P U B L I C W O R K S x x x x x x x x x x x x ST0P ST0P W Ridge Rd N Swadley St W Ridge Rd N Simms Pl W W W W ST S S S S S S BIKE LANE BIKE LANE DEPARTMENT OF PUBLIC WORKS ATTACHMENT 4 ITEM NO: 7 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 05-2022 – A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON CENTER FOR MENTAL HEALTH FOR MENTAL HEALTH CO-RESPONDER SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Wheat Ridge Police Department and the Jefferson Center for Mental Health (JCMH) have developed a Mental Health Co-Responder Program to provide the community with a mental health case manager clinician to consult with the City’s police department, to act and follow up on referrals from the police, and ride with patrol officers on duty to provide services to persons in the community that are experiencing mental health crisis or substance use problems. The program is described in a Memorandum of Understanding. This Resolution approves that memorandum. PRIOR ACTION: The Wheat Ridge Police Department began developing a Case Manager Co-Responder Program which became operational September of 2019. This was a shared program with the Jefferson County Sheriff’s Office, Golden Police Department, and Wheat Ridge Police Department in partnership with Jefferson Center for Mental Health through a DOLA grant. That grant ended in July 2021, and the City chose to continue to pay a portion of the cost to continue the program through December of 2021. Memorandum of Understanding Between the City of Wheat Ridge and the Jefferson Center for Mental Health for Co-Responder Services January 10, 2021 Page 2 FINANCIAL IMPACT: The City agrees to pay one half of the salary and benefits and JCMH will maintain a grant with Behavioral Health to cover the other half of the cost. The annual cost to the City is estimated to be $45,900 and has been approved in account # 01-201-700-750 of the 2022 Budget. BACKGROUND: Mental health emergencies and assistance are high priorities for the City of Wheat Ridge. Recognizing the importance and value of the program, the City has developed a Memorandum of Understanding to continue the program with a full-time mental health clinician from JCMH with the City. A written agreement for services provided between the City and JCMH has been developed and includes: a. a statement of the specific services to be provided; b. specific language dealing with financial agreements between the parties; c. specification of the records to be maintained concerning the performance of services by the provider agency; d. language dealing with the duration, modification, and termination of the contract; e. specific language dealing with legal contingencies; f. stipulation that the provider agency maintains control over its personnel; g. specific arrangements for the use of equipment and facilities; and h. a procedure for review and revision, if needed, of the agreement. RECOMMENDATION: It is recommended that the City Council approve the memorandum of understanding between the City of Wheat Ridge and Jefferson Center for Mental Health for Co-Responder Services. RECOMMENDED MOTION: “I move to approve Resolution No. 05-2022, a resolution approving a memorandum of understanding between the City of Wheat Ridge and the Jefferson Center for Mental Health for Co-Responder services”, Or, “I move to (deny or postpone indefinitely) Resolution No. 05-2022, a resolution approving memorandum of understanding between the City of Wheat Ridge and the Jefferson Center for Mental Health for Co-Responder services, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Memorandum of Understanding Between the City of Wheat Ridge and the Jefferson Center for Mental Health for Co-Responder Services January 10, 2021 Page 3 Chris Murtha, Chief of Police ATTACHMENTS: 1. Resolution No. 05-2022 2. Memorandum of Understanding the City of Wheat Ridge and the Jefferson Center for Mental Health for Co-Responder Services. CITY OF WHEAT RIDGE RESOLUTION NO. 05-2022 Series of 2022 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON CENTER FOR MENTAL HEALTH FOR MENTAL HEALTH CO-RESPONDER SERVICES WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City is authorized to provide law enforcement services and the Jefferson Center for Mental Health (JCMH) is authorized to provide mental health crisis and co-responder services; and WHEREAS, the City and JCMH each recognize the value in cooperating to proactively provide a mental health case manager clinician to consult with the City’s police department, to act and follow up on referrals from the police, and ride with patrol officers on duty to provide services to persons in the community that are experiencing mental health crisis or substance use problems; and WHEREAS, the parties have therefore developed a Co-Responder Program that places a case manager clinician, employed by JCMH, to work full-time in the police department to assist with community mental health issues; and WHEREAS, the parties have memorialized the terms of said School Resource Officer program in a memorandum of understanding; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said memorandum of understanding by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council of the City of Wheat Ridge, Colorado, that: The Memorandum of Understanding for a mental health case manager/ co-responder by and between the City of Wheat Ridge and the Jefferson Center for Mental Health, attached to this Resolution as Exhibit A and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are hereby authorized and directed to execute the same. 2 DONE AND RESOLVED this 10th day of January, 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk 3 Exhibit A Memorandum of Understanding [attached] 1 AGREEMENT FOR THE PROVISION OF MENTAL HEALTH CASE MANAGEMENT SERVICES THIS AGREEMENT FOR THE PROVISION OF MENTAL HEALTH CASE MANAGEMENT SERVICES (the “Agreement”) is made and entered into this ___ day of ________, 2021 (the “Effective Date”), by and between the City of Wheat Ridge, a Colorado home rule municipal corporation whose principal business address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (the “City”), and the Jefferson Center for Mental Health, a Colorado non- profit corporation whose principal business address is 4851 Independence Street, Suite 200, Wheat Ridge, Colorado 80033 (“Jefferson Center”). WHEREAS, Jefferson Center serves the citizens of Jefferson, Gilpin, and Clear Creek Counties by providing mental health intervention services; WHEREAS, Jefferson Center desires to provide mental health case management services to the Wheat Ridge community (the “Services”) who have been identified by the City’s Police Department (“WRPD”); WHEREAS, WRPD seeks to ensure the provision of referral and direct contact for the Wheat Ridge community to the Services; and WHEREAS, the parties desire to enter into this Agreement to provide for and facilitate the provision of the Services to Wheat Ridge residents. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the sufficiency of which is expressly acknowledged, the parties hereby agree as follows: 1. RESPONSIBILITIES. A. Jefferson Center. As part of the Services, Jefferson Center agrees to provide the following to the City: i. A supervisor to supervise, direct, and assess Jefferson Center case managers assigned to WRPD (“Case Managers”) to ensure their successful performance; ii. One (1) mental health clinician/case manager to work with WRPD personnel and maintain flexible office hours with WRPD to ensure WRPD’s police officers (“WRPD Officers”) have access to the Services and that referrals made by WRPD Officers are followed up in a timely manner; iii. Mental health identification training to WRPD Officers to aid in the identification of citizens in need of the Services including, but not limited to, roll-call training; iv. Follow-up on cases assigned to Case Managers including accompanying WRPD Officers (for higher risk contacts) or accompanying another Case Manager (for lower risk contacts) for in-person follow-up with clients and their families within Wheat Ridge, tracking case work for analysis and reporting needs, and going on “ride-a-longs” with WRPD Officers to familiarize themselves with WRPD operations and personnel; and 2 v. Transportation for Jefferson Center employees. B. The City. The City agrees to provide the following to Jefferson Center: i. The City shall reimburse Jefferson Center the equivalent of one-half (1/2) the cost of all compensation (wages and benefits) provided to the 1.0 FTE Clinical Case Manager assigned to the City in accordance with Sec.1(A)(ii) hereof. Subject to Section 7(H) of this Agreement, the City shall pay all invoices submitted by Jefferson Center for this expense within thirty (30) days of the invoice date; ii. Assure the provision by WRPD personnel of referral and direct contact with Wheat Ridge citizens who have been identified by WRPD Officers as persons in need of the Services; iii. Office space with a WRPD computer with “read-only” access to WRPD records and a telephone, as well as access to a conference room; iv. The necessary identification documents to allow Case Managers to access the Wheat Ridge Municipal building and WRPD police section; v. Portable radio and call signs for Case Managers to allow them to communicate with WRPD Officers in the field as well as with the Jefferson County 911 dispatch system, which is also known as the Jeffcom 911 Communications Center; vi. Background checks that are legally mandated to allow Case Managers to access the municipal building and WRPD records; vii. Reports and documentation which set forth the reasons for requesting Case Manager referral; viii. The WRPD Crime Analyst to work with Jefferson Center to track, evaluate, and produce an annual report documenting the operation of the program; and ix. A point of contact for WRPD oversight of the program, which point of contact shall be a Division Chief assigned to the WRPD Patrol Division. C. Both Parties. Both Parties agree to the following: ii. Jefferson Center is a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, and related regulations (“HIPAA”) and will fully comply with all applicable federal, state, and local laws and regulations regarding the collection, maintenance, and disclosure of protected health information (“PHI”). Client PHI will only be disclosed by Jefferson Center for purposes of facilitating and monitoring treatment activities for the client, as contemplated by this Agreement, pursuant to a valid release of information (“ROI”) signed by the client or client’s authorized representative, parent, or guardian, or as otherwise permitted by applicable law; and 3 iii. The parties will actively cooperate with each other by providing information reasonably requested by the other party, participating in treatment and aftercare planning, and otherwise assisting the other party in its efforts to provide Services to the person referred to by that party. 2. TERM, TERMINATION AND RENEWAL. A. Initial Term. This Agreement shall remain in effect for three (3) years from the Effective Date (the “Initial Term”). B. Renewal. Upon completion of the Initial Term, this Agreement shall automatically renew for successive one (1) -year terms (each, a “Renewal Term”) unless a party provides notice of non-renewal not less than thirty (30) days prior to the Initial Term or any Renewal Term. C. Termination. This Agreement may be terminated by either party upon giving thirty (30) days written notice to the other party. 3. LIABILITY/GOVERNMENTAL IMMUNITY. A. Liability of the Parties. Each party shall be liable and responsible for the acts and omissions of its own employees, officers, and authorized agents, and neither party shall be responsible for the acts or omissions of the other party's employees, officers, or authorized agents. B. CGIA. The City is a governmental entity and is subject to and protected by the limitations on liability set forth in the Colorado Governmental Immunity Act, C.R.S. Title 24, Article 10 (the “CGIA”). Nothing herein shall be deemed to waive any rights, immunities, limitations, or protections afforded the City, its officers, employees, and agents under the CGIA, as now or hereafter amended, or otherwise available at law or equity. 4. INSURANCE. A. Workers’ Compensation. Jefferson Center shall continuously maintain statutory Worker’s Compensation employer’s liability coverage. Jefferson Center is responsible for any deductible losses under such policies or payment of any retention amounts under a self-insurance program. B. Professional Liability. Jefferson Center shall procure and keep in force during the duration of this Agreement a policy of errors and omissions professional liability insurance insuring Jefferson Center against any professional liability with a limit of at least One Million Dollars ($1,000,000.00) per claim and general aggregate. The limits of said insurance shall not, however, limit the liability of Jefferson Center hereunder. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Jefferson Center shall provide to the City a certificate of insurance as evidence that policies providing the required coverages and minimum limits are in full force and effect. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 4 C. Failure to Carry Insurance. Failure on the part of Jefferson Center to procure or maintain the insurance required herein shall constitute a material breach of this Agreement upon which the City may immediately terminate this Agreement. D. Other Insurance. The parties shall procure and keep in force any other insurance required by applicable law and shall maintain throughout the Initial Term, and any Renewal Term, insurance necessary to protect themselves and their interests as deemed appropriate by each party. 5. INDEPENDENT CONTRACTOR RELATIONSHIP – NO PARTNERSHIP OR AGENCY. Jefferson Center is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Jefferson Center to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Jefferson Center for all purposes. Neither Jefferson Center nor any of its employees or agents shall make any representation that they are a City employee or agent for any purpose. Neither party, including their employees, contractors, and agents, are entitled to employment wages, employment benefits, or workers’ compensation benefits from the other party. 6. NOTICES. Notices provided to a party pursuant to this Agreement shall be in writing, addressed to the parties as follows: If to the City: If to Jefferson Center: Patrol Division Chief CEO Wheat Ridge Police Department Jefferson Center for Mental Health 7500 W. 29th Avenue 4851 Independence Street, Suite 200 Wheat Ridge, Colorado 80033 Wheat Ridge, Colorado 80033 7. GENERAL PROVISIONS. A. 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 the parties. It is the express intention of the parties that any person other than Jefferson Center and the City shall be deemed to be only an incidental beneficiary under this Agreement. B. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado. Venue shall be in the County of Jefferson, State of Colorado, or, for federal claims, in the United States District Court for the District of Colorado. C. Integrated Agreement. This Agreement contains the entire agreement of the parties relating to the subject matter hereof and, except as provided herein, may not be modified or amended except by written agreement of the parties. D. Headings. Paragraph headings used in this Agreement are for convenience of reference and shall in no way control or affect the meaning or interpretation of any provision of this Agreement. E. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 5 F. Counterparts; Electronic Disposition. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. G. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this Agreement on behalf of the parties and to bind the parties to its terms. H. Non-Appropriation. All direct and indirect financial obligations of the City under this Agreement are subject to the annual appropriation of funds by the Wheat Ridge City Council. No provision of this Agreement will be or interpreted: (a) to directly or indirectly obligate the City to make any payment in any fiscal year in excess of amounts appropriated by the City for such fiscal year; or (b) as creating a debt or multiple fiscal year direct debt or other financial obligation whatsoever of the City within the meaning of Article X, Section 20, of the Colorado Constitution or any other constitutional or statutory limitation or provision. I. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by a party shall not constitute a waiver of any of the other terms or obligation of this Agreement. J. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. [Remainder of this page intentionally blank – signatures follow.] 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. JEFFERSON CENTER FOR MENTAL HEALTH __________________________________ Kiara Kuenzler, President and CEO ATTEST: ____________________________________ , Secretary CITY OF WHEAT RIDGE ____________________________________ Bud Starker, Mayor ATTEST: ____________________________________ Steven Kirkpatrick, City Clerk Approved as to form: ____________________________________ Gerald Dahl, City Attorney ITEM NO: 8 DATE: January 10, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS OF $90,400 TO BERRY DUNN FOR ENTERPRISE RESOURCE PLANNING (ERP) CONSULTANT SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO __________________________ ________________________ Administrative Services Director City Manager ISSUE: At City Council’s direction, staff has completed a competitive bidding process to select a consultant to analyze business practices and assist with the procurement of a new Enterprise Resource Planning (ERP) system. The procurement process is complete, and Berry Dunn is the recommended consultant based on expertise, experience and cost. PRIOR ACTION: The ERP analysis was approved in the 2020 budget but placed on hold due to the pandemic. At the study session on May 10, 2021, City Council consented to resuming the ERP analysis as an activity to support the strategic priority to streamline permitting and licensing. At the regular business meeting on June 14, 2021, City Council approved a budget supplemental request in the amount of $100,000 to resume the ERP analysis. A competitive bidding process began in October and concluded in December 2021. Council Action Form – ERP Consulting Services Contract Award January 10, 2021 Page 2 FINANCIAL IMPACT: City Council approved a budget supplemental request for $100,000 on June 14, 2021 to fund the ERP analysis. Berry Dunn’s proposal includes a not-to-exceed fee of $90,400 which includes the base proposal fee of $84,900 plus travel incidental costs. Funding will be encumbered on a purchase order using 2021 funds. BACKGROUND: An Enterprise Resource Planning (ERP) system is an integrated suite of business applications including financial software, sales and use tax remittance system, procurement program and personnel management programs that are used to power an organization. In Wheat Ridge, the building permitting and court management programs are part of the ERP. The City currently uses the American Data Group (ADG) solution which is a legacy system that has served the City well for a number of years. ADG’s clients are typically very small organizations and the product is not considered a mainstream offering in the ERP field. While functional, the system is not considered user friendly by customers nor staff and it is likely that Wheat Ridge has outgrown this solution. An analysis was planned and budgeted in 2020 but was put on hold due to the pandemic. The analysis is designed to first look at internal workflows to create process efficiencies for both customers and staff. Next, the analysis will consider the type of ERP system the City needs to best support customers given the size of the organization and types of programs offered. Finally, the consultant will assist the City in procuring the best system for its needs and implement the new ERP programs. The City issued an RFP for consulting services in October, 2021 and received ten eligible proposals. A staff team reviewed and scored each of the proposals against a number of criteria and invited the top three scoring firms to interview with the review team. Berry Dunn possesses extensive experience with this kind of project, listing a number of municipalities, similar in size and scope to Wheat Ridge, as clients for similar projects. RECOMMENDATIONS: The ERP analysis review team recommends the award of the ERP consulting services project to Berry Dunn. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to Berry Dunn in the amount of $90,400 for Enterprise Resource Planning (ERP) consulting services”, Or, Council Action Form – ERP Consulting Services Contract Award January 10, 2021 Page 3 “I move to deny award and payment to Berry Dunn in the amount of $90,400 for Enterprise Resource Planning (ERP) consulting services for the following reason(s) ______________________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Award Justification ATTACHMENT 1 Award Justification for RFP-21-Enterprise Resource Planning (ERP) Consultant Services Prepared By: Whitney Mugford-Smith, NIGP-CPP, CPPB, Procurement Manager Executive Summary October 7, 2021, the City of Wheat Ridge issued the Request for Proposal (RFP) via BidNetdirect.com. Following the model procurement process, questions were received, and answers were shared with all interested parties. Proposals were collected via BidNet’s secure site November 9, 2021 and were available for agency viewing at 2:00 pm local time. November 29, 2021, the City’s internal evaluation committee met after the initial review of the proposals and determined the shortlist of consultants. The three highest scoring proposals were selected to move on to the interview phase. Remote interviews were conducted with the three (3) shortlisted consultants December 13-23, 2021. After the final interview concluded, the committee met and unanimously determined that Berry Dunn offers the Best Value to the City of Wheat Ridge. The Berry Dunn proposal addressed all areas of the RFP completely and thoroughly, included a detailed approach to the ERP procurement process, and offered excellent customer service. In addition to their demonstrated knowledge of the market, the Berry Dunn team is a great fit with the Wheat Ridge internal team based on their intimate knowledge of the City’s current ERP system, ADG, and the Berry Dunn approach to teaming and change management. Scoring details provided below. Proposal Scoring Cost Eval-1 Eval-2 Eval-3 Eval-4 Eval-5 AVG Berry-Dunn $84,900.00 96 96 97 92 90 94.2 CNC $75,000.00 47 63 84 37 40 54.2 DataClimb $84,830.00 82 87 88 88 78 84.6 hrQ $84,800.00 61 81 85 82 75 76.8 KSM/ Resultant $93,570.00 92 71 83 86 88 84 Reality Technology $42,000.00 35 52 42 33 32 38.8 RubinBrown $72,400.00 90 97 93 92 90 92.4 Sciens $86,050.00 81 89 95 92 85 88.4 SoftResources $99,500.00 87 76 94 92 90 87.8 ThirdWave $85,000.00 95 90 95 93 88 92.2 Interview Scoring Berry-Dunn 1 1 1 1 1 RubinBrown 3 3 3 2 3 ThirdWave 2 2 2 3 2