HomeMy WebLinkAbout03-28-22 City Council MeetingAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO March 28, 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 the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways:
1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival
2. Provide comment in advance at www.wheatridgespeaks.org (comment by
noon on March 28, 2022). 3. Virtually attend and participate in the meeting through a device or phone:
• Click here to join or provide public comments.
• Or call +1-669-900-6833 with Access Code: 890 3266 7262 Passcode: 744452 4. 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
• January 3, 2022, Study Session Notes
• February 28, 2022, City Council Meeting Minutes
• February 28, 2022, Special Study Session Notes
• March 7, 2022, Study Session Notes APPROVAL OF AGENDA
CITY COUNCIL AGENDA: March 28, 2022 Page -2-
PROCLAMATIONS AND CEREMONIES
• National Child Abuse Prevention Month – April 2022
• National Sexual Assault Awareness Month – April 2022 (Colorado Denim Day is April 27 - to recognize National Sexual Assault Awareness Month)
• Sandie Carter Retirement/Appreciation Proclamation
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.
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. 12-2022, a resolution amending the Fiscal Year 2022 Public Art
Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $185,000 for the Clear Creek Crossing public art installation b. Resolution No. 13-2022, a resolution approving an intergovernmental agreement with Jefferson County concerning the release and use of electronic copies of
building permits and plans for the purpose of assessing real property
c. Resolution No. 14-2022, a resolution approving an amended and restated intergovernmental agreement for the West Metro Drug Task Force
d. Resolution No. 15-2022, a resolution amending the Fiscal Year 2022 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $34,058 for the purpose of approving a grant agreement with History Colorado’s State Historical Fund
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution No. 09-2022, a resolution approving the assignment to the Housing Authority of the City of Lakewood, Colorado, D/B/A Metro West Housing Solutions, of $1,789,050 of the City of Wheat Ridge, Colorado’s 2022 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity
Bonds; and authorizing the execution and delivery of an Assignment and other
documents in connection therewith
CITY COUNCIL AGENDA: March 28, 2022 Page -3-
ORDINANCES ON FIRST READING
3. Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD)
4. Council Bill No. 03-2022, an ordinance approving the rezoning of property located
at 4877 Robb Street from Agricultural-One (A-1) to Planned Commercial Development (PCD) DECISIONS, RESOLUTIONS, AND MOTIONS
5. Resolution No. 16-2022, a resolution approving a memorandum of
understanding between Porchlight, A Family Justice Center, and the City of Wheat Ridge concerning the provision of on-site police department services at the Center 6. A motion to approve subsequent payments of $100,000 to Logan Simpson, Ft.
Collins, CO, for the Open Space Management Plan Project 7. Resolution No. 17-2022, a resolution amending the 2022 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of funding the Affordable Housing Strategy and Action
Plan and accepting grant funds from the Colorado Department of Local Affairs CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS ADJOURNMENT
PROCLAMATION NATIONAL CHILD ABUSE PREVENTION MONTH April 2022 WHEREAS, every child deserves to grow up in a safe, nurturing environment, free from harm and fear. All children do not receive appropriate care; in fact, too many children become victims at the hands of abusive perpetrators, and it is up to us as a community to tirelessly work to end it through awareness and action; and WHEREAS, the month of April has been designated nationally as Child Abuse
Prevention Month. At this time, we encourage all Wheat Ridge community members to join in
renewing our commitment to preventing child abuse and learning what we can do to promote
the safety and well-being of children; and
WHEREAS, Wheat Ridge has dedicated individuals and organizations who work daily to
counter the problem of child abuse and to help parents obtain the assistance they need; and
WHEREAS, our community is stronger when all community members become aware of
child abuse prevention and become involved in supporting parents to raise their children in a
safe and nurturing environment; and
WHEREAS, effective child abuse prevention programs, such as Ralston House, succeed because of partnerships among families, social service agencies, schools, religious
and civic organizations, law enforcement agencies and the business community; and WHEREAS all community members, community agencies, faith organizations and
businesses will work to increase their efforts to support families. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat
Ridge, do hereby proclaim the month of April 2022, to be:
NATIONAL CHILD ABUSE PREVENTION MONTH
IN WITNESS WHEREOF, on this 28th day of March 2022.
______________________________ Bud Starker, Mayor
______________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION NATIONAL SEXUAL ASSAULT AWARENESS MONTH - APRIL 2022 COLORADO DENIM DAY - APRIL 27, 2022 WHEREAS, every day, women, men, and children across Colorado suffer the pain and trauma of sexual assault; and WHEREAS, sexual violence affects individuals of all ages, backgrounds, and circumstances; and WHEREAS, this crime occurs far too frequently, goes unreported far too often, and leaves long lasting physical and emotional scars; and
WHEREAS, during National Sexual Assault Awareness Month, we recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raise
awareness, expanding support for victims, and strengthening our response; and WHEREAS, as a nation, we share the responsibility for protecting each other from sexual assault, supporting victims when it does occur, and bringing perpetrators to justice; and WHEREAS, at the state level, we must work to provide necessary resources to victims of every circumstance, including medical attention, mental health services, relocation and housing assistance, and advocacy during the criminal justice process; and
WHEREAS, Colorado communities can come together to increase awareness about sexual violence, decrease its frequency, hold offenders accountable, support victims and organizations such as Victim Outreach Incorporated and PorchLight Family Justice Center, and heal lives.
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare the month of April 2022, as NATIONAL SEXUAL ASSAULT AWARENESS MONTH and further recognize April 27, 2022 as Colorado Denim Day, encouraging Wheat Ridge residents to wear denim to show their support for the victims of sexual assault and highlight this issue in our community. IN WITNESS WHEREOF, on this 28th day of March 2022. _________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk
PROCLAMATION In appreciation of SANDIE CARTER In recognition of her dedication and commitment
to the Wheat Ridge Police Department and City of Wheat Ridge WHEREAS, the Mayor and City Council of the City of Wheat Ridge desire to formally
express appreciation to Sandie Carter who has served the City of Wheat
Ridge with Integrity, Respect, Courage, Perseverance and Initiative; and
WHEREAS, Sandie Carter is retiring from the Wheat Ridge Police Department after 22 years of dedicated service, from May 10, 1999 to March 17, 2022; and WHEREAS, during those 22 years, Sandie Carter served in many capacities including the reception desk, police records, sex offender registration, and evidence technician; and WHEREAS, it is important that everyone know and understand the attention to detail, organizational skill, and daily devotion to her responsibilities that has created the first-rate evidence and property room currently in place at the Wheat Ridge Police Department. NOW THEREFORE BE IT RESOLVED that on behalf of the City Council and the people of the City of Wheat Ridge, I, Bud Starker, Mayor of Wheat Ridge, Colorado, do hereby proclaim appreciation to Sandie Carter for her faithful and loyal devotion to the Wheat Ridge Police Department and the people of Wheat Ridge for the past 22 years.
IN WITNESS THEREOF on this 28th day of March 2022.
Bud Starker, Mayor
_ Steve Kirkpatrick, City Clerk
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting
January 3, 2022
Mayor Bud Starker called the Study Session to order at 6:32 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(seven) of Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have
the opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites,
Valerie Nosler Beck, Leah Dozeman, and Rachel Hultin. CM Hoppe excused herself.
Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; Director of
Administration, Allison Scheck; several staff from Jefferson County Public Health (listed
below under item 1) interested citizens and guests.
Citizen’s Right to Speak
No one came forward to speak.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appear in WR Speaks related to this session.
1. Jefferson County Public Health Update
Discussion of this item began at approximately 6:33 pm
Issue
Jefferson County Public Health (JCPH) is a nationally accredited health department committed to promoting health and preventing injury and disease for the residents of Jefferson County, Colorado. JCPH monitors and diagnoses the health concerns within
the communities of the County and promotes policies, practices, and behaviors to assure County residents stay healthy. With the support, policy oversight and mandates of the Jefferson County Board of Health, JCPH staff implements numerous programs to:
- Prevent and control contagious diseases and epidemics
- Investigate health and safety hazards - Protect the environment - Prevent foodborne illness - Link people to health care services
- Promote active living and healthy eating
- Advocate and enforce laws that protect the health and safety of everyone
Staff Reports
Allison Scheck announced the purpose of this item and listed a few of the numerous
programs and services that JCPH provides. JCPH staff provided the following updates,
with a plethora of data and information in PowerPoint presentations:
1. COVID – Christine Billings
2. Mental health and substance use treatment – Michael Miller, Sara Sweeterman
and Amanda Davis 3. Food insecurity – Allyson Goto 4. Alcohol and substance use – Michael Miller 5. Housing
6. Vaping and tobacco – Katie Lazar and Donna Viverette.
Councilmembers and the Mayor had detailed questions and comments about the JCPH
presentations.
COVID
• Help us understand the difference between quarantine and isolation.
• What changes in school policy would you recommend due to the virulent
transmissibility of the Omicron variant?
• Which masks are recommended as acceptably protective?
• In addition to the hospitalization and morbidity data by vaccination status, are
there data to indicate the difference in infection rates by vaccination status?
• Are home Covid tests reliable and are the results included in the public health
data?
• When will the public have access to more tests?
• How do hospitalization rates now compare to the height of the 2021 surge
statistics?
Mental Health/Substance Abuse Treatment
• Please, explain the purpose of the suboxone vending machines.
• When you are both experiencing homelessness and substance addiction, how do
we connect those people to the resources they need?
Alcohol and substance abuse
• How many police agencies are participating in your joint program for substance
abuse treatment?
• Tell us more about the LEAD program you described.
• Council had detailed questions about the Opioid settlement funds awarded to the
State and how that will flow to the County and City.
• How can members of the community donate to agencies or programs that help
with these matters?
Food Insecurity
• A lot of this work mirrors the work Councilmembers Hultin, and Hoppe are doing
with the Bridge Program.
Vaping and Tobacco
• No comments or questions followed the presentation.
Councilmembers thanked both City staff and JCPH staff for their briefings and for their
professionalism while addressing the pandemic.
Councilmember Nosler Beck asked whether anyone is working on water quality issues
in Clear Creek; several residents have asked about contamination from human waste
along the waterway. JCPH provided the information they had and will follow-on.
2. Liquor Licensees’ Festival Permit
Discussion of this item began at approximately 8:27 pm
Issue
Senate Bill 21-082 was signed by Governor Polis in 2021 allowing alcohol beverage
license holders to hold festivals for alcohol beverage retail activity. To sponsor a
festival, an applicant must obtain a permit from the state. C.R.S. § 43-4-404(1)(b)(I)
conveys to the Wheat Ridge Liquor Board the authority to require a festival sponsor to
obtain a local festival permit in addition to the state permit. Curiously, the statute allows
any liquor licensee to apply for a festival permit, whether or not the licensee is located
within the City. The Wheat Ridge Liquor Board has made clear its desire to require a
local festival permit, under certain restrictions, and is seeking input from City Council on
the attached resolution and Festival Permit Application.
Staff Reports
City Attorney Gerald Dahl presented to Council a summary of the Senate Bill, draft
resolution to be presented to the City of Wheat Ridge Liquor License Authority board
and proposed application process to hold an Alcohol Festival permit.
Items that were discussed include:
• Current code
• Practice of other Front Range municipalities
• Best practices for local ordinances
• Potential next steps and recommendations
• Councilmembers, City Clerk Kirkpatrick and Mr. Dahl discussed the details of the
answers to seven questions submitted to Council by City Attorney Rivera, (who
serves as counsel to the Liquor Authority Board).
Councilmembers asked for the following consensuses, to offer policy guidance to the
Liquor Authority Board, based upon questions Mr. Rivera:
1. Should all festival permit applications be required to meet the requirements of the
City’s special event application and requirements, not just festival permits intended to
be used on City property?
Consensus: Yes – all festival permits subject to the full special event permitting
requirements. 7/0
2. Should Festival permits be limited to persons holding a valid City of Wheat Ridge
liquor license?
Consensus - Permit non-WR liquor licensees as primary sponsor; request the Liquor
Licensing Authority Board to create a differential fee structure for festival permits issued
to in-city Wheat Ridge liquor licensees (low fee), vs. out-of-city licensees (higher fee) –
Yes 7/0
3. Should the number of licensees permitted to participate in/sponsor a Festival be
limited? If so, how? Consensus - No. 7/0
4. Should the number of Festivals permitted per festival licensee be limited to a
number less than nine (9)?
Consensus – Separate permit required for each festival event. In-city licensees may
have up to 4 festivals in a calendar year. Licensees that hold liquor licenses issued by
a municipal authority other than the City of WR licensees are permitted 2 festivals in a
calendar year. 6/1
5. Should Festival sponsors be required to obtain a local permit for each Festival?
Consensus: Yes (see above) 7/0
6. Which food service requirements apply to the Festival? Consensus: Must abide
by all food safety laws. 7/0
7. What is the process to approve a Festival permit? Consensus: Application to
Liquor authority, processed through the City Clerk’s office. 7/0
8. Additional consensus - Liquor Authority to add requirement that the Authority
may include any additional term or condition in the granted festival permit, to address
local and special conditions. to promulgate additional terms and conditions. 7/0
9. Hultin consensus - add language to the application that states that it includes a
complete list of participating licensees, that the prime licensee is responsible for the
accuracy of the list of participating licensees, and for their actions. 7/0
Scott Ohm - will individual licensees display unique permits? During any Festival will
each licensee need to display a permit for the Festival visible to the public at each
licensee’s location within the Festival?
Jerry Dahl - does Council want to see this again or can the Liquor Authority proceed?
No - Council would like a report back in the future as to how this went.
Consensuses attained.
3. Staff Report(s)
Discussion began at 9:35 pm,
Ms. Scheck reported on our assistance to the victims of the massive fire in Boulder
County on December 30-31.
4. Elected Officials’ Report(s)
Councilmember Hultin commented that recently someone felled several trees in
Anderson Park. She urges anyone who sees someone cutting our trees to immediately
contact the WR PD.
Councilmember Hutchinson and the Mayor commented on the immediate needs of
those impacted by the fires, for basic necessities including drinking water.
Councilmember Weaver urged us all to have a plan and preparations in the event of an
immediate evacuation order, including saving animals as well as saving any records,
keepsakes or other property when evacuating.
Councilmember Nosler Beck has been conferring with other municipalities elected
councilmembers to have a regional plan for helping other municipalities in the possible
compact that are facing a disaster.
Clerk Kirkpatrick thanked Public Works for their recent efforts following the snowstorm
last weekend.
ADJOURNMENT
The Study Session adjourned at 9:45 PM.
APPROVED BY CITY COUNCIL ON January 10, 2022.
Steve Kirkpatrick, City Clerk
Rachel Hultin, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 28, 2022
Note: This meeting was held virtually, using Zoom video-teleconferencing technology.
As duly announced and publicly noticed, Council previously approved this format in order
to continue with normal business. Before calling the meeting to order, Mayor Starker
stated the rules and procedures necessitated by this meeting format.
Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Val Nosler Beck
Councilmember Hutchinson excused herself from this evening’s meeting.
Also, present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison
Scheck; Police Chief, Chris Murtha; Parks and Recreation Director, Karen O’Donnell;
Economic Development Manager, Steve Art; Special Assistant to the City Manager,
Marianne Schilling; Senior Planner Stephanie Stephens; Steve Nguyen, Engineer;
Planning Manager, Lauren Mikulak; Steve Nguyen, Engineering Manager, other staff,
Gretchen Cerveny, Joyce Jay, other guests and interested citizens.
APPROVAL OF MINUTES
Without objection or correction, the City Council Minutes of February 14, 2022, and
Special Study Session notes of February 14, 2022, were approved as published.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
This item began at 7:02 PM.
International Women’s Day
Mayor Starker read the proclamation declaring March 8, 2022, as International
Women’s Day in Wheat Ridge.
City Council Minutes February 28, 2022 page 2
He welcomed Ms. Gretchen Cerveny and Ms. Joyce Jay, former mayors and exemplary
women leaders. The Mayor recounted a variety of their accomplishments during their
terms in office.
Former Mayors Cerveny and Jay thanked the Mayor and Council for the proclamation
and commented on the importance of the day.
Women’s History Month
Mayor Starker read the proclamation declaring March 2022 as Women’s History Month
in Wheat Ridge. The Proclamation recounted the background of Women’s History
Month, how it was started and how it highlights women around the world every year.
Former Mayor Jay thanked the Mayor and Council for the proclamation and commented
on the importance of the role that women have played over the years. She recounted
how she was recruited to volunteer and eventually rising to the Office of Mayor.
Former Mayor Cerveny echoed what Mayor Jay said. She discussed the hard work and
the excitement they felt in their time in office. She thanked the Mayor and Council for
these proclamations.
PUBLIC’S RIGHT TO SPEAK
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.
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.
Pat Quinn, 3975 Moore St., called to thank the Mayor and Council for the proclamations
delivered tonight. He has been a member of the International Brotherhood of Electrical
Workers since 1991. He explained who the members of IBEW union are and the kinds
of work they do. He wants to encourage municipal staff to consider unionizing. He
recalled the time when our fire fighters voted to form a union. He hopes we will support
the Public Employees Bargaining bill.
Brad Cook, 3995 Ammons St., called to support the same bill. He recalled his time as a
union member. He recounted examples of how workers in a non-union shop vs. a union
are treated, compensated and advanced in their occupations and professions. He
wants a union to attract more qualified workers and create a stable workforce.
Note about Wheat Ridge Speaks:
Members of the Public may visit the Wheat Ridge Speaks website and enter
written comments of up to 1,000 words on any Council agenda item. The deadline
for citizens to submit comments is 12:00 Noon Mountain Time on the day of a
Council session so that Council members, other elected officials and City Staff have
time to review the comments before the meeting on Monday evening.
City Council Minutes February 28, 2022 page 3
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into
these minutes, placing each comment along with the record for that agenda item,
including items that address a public hearing (verbatim, if the comments do not
contain lascivious language or unlawful hate speech).
No comments appeared in WR Speaks for this session of Council.
1. CONSENT AGENDA
Discussion began at approximately 7:18 p.m.
CM Hoppe introduced the consent agenda.
a. Motion to cancel the March 14, 2022 Regular Meeting of the Wheat Ridge City Council
Issue
The Regular Meeting of March 14, 2022 currently does not have any scheduled agenda
items. Two councilmembers, the City Manager and the Administrative Services Director
will be attending the National League of Cities Congressional Conference in
Washington, D.C. from March 14 to March 16. It is recommended that City Council
cancel this meeting.
b. Resolution No. 08-2022 - A resolution approving Amendment No. 2 to the
contract with the Colorado Department of Transportation (CDOT) for the Improve
Wadsworth Project
Issue
In 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. An agreement with CDOT to administer that funding was approved in 2015. An amendment to the original 2015 agreement was approved in 2020 to add funds from four additional funding sources to
the project budget and to extend the term of the contract with CDOT to October 25, 2020.
In 2021, funds from four additional funding sources were obtained, so a second amendment is necessary to add those funds to the project budget.
c. Motion to amend the contract for Right-of-Way Acquisition Services for the
Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for
additional fees in the amount of $151,810.54 for a total cost of $1,804,912.82
Issue
A contract with HDR Engineering, Inc. was originally executed in 2018 and then
amended in 2021 for right-of-way (ROW) acquisition services for the Improve
Wadsworth Project. Due to additional tasks added to the scope of work, primarily
City Council Minutes February 28, 2022 page 4
associated with assistance with eminent domain proceedings, a contract amendment
needs to be executed to provide the funds necessary to complete the ROW acquisitions
for the Project.
Motion by CM Hoppe to approve Consent Agenda Items a.), b.), and c.), Seconded by
CM Stites, motion carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Discussion began at approximately 7 PM
2. Resolution No. 06-2022 – A resolution approving the First Amendment to an
Enhanced Sales Tax incentive Program agreement with Applejack Wine and
Spirits, LLC
CM Stites introduced the resolution.
Issue
City Council approved an Enhanced Sales Tax Incentive Program (ESTIP) agreement
with Applejack Wine and Spirits LLC (Applejacks) on August 10, 2020. The agreement
requires the City to share 100% of the increment generated from a 3.0% tax rate for a
period of 10-years or a not to exceed amount of $990,146, whichever occurs first. The
increment is all sales tax revenues above the base amount as defined in Section 4(b) of
the Agreement. The base was set at $42,417,000 in the original agreement. Applejack
is requesting an amendment to the Agreement to decrease the base amount to
$41,889,587, a difference of $527,413, to reflect actual sales for the 12-month period
before the Agreement was approved by City Council.
Mayor Starker opened the public hearing.
The Mayor reviewed the procedures.
Staff Presentation
Mr. Goff spoke to the council on the issue, including the financial impact of the
amendment. He recalled the purpose and return on investment of the ESTIP program.
He explained the numbers and what will happen if Council approves this resolution.
Public Comment
There were none who wanted to speak through the Zoom format.
Council Questions and comments
Council had no further questions or comments, having reviewed this matter previously.
Motion by CM Stites to approve Resolution No. 06-2022 – a resolution approving the
First Amendment to an Enhanced Sales Tax incentive Program agreement with
Applejack Wine and Spirits, LLC., seconded by CM Hoppe, motion carried 7-0.
City Council Minutes February 28, 2022 page 5
DECISIONS, RESOLUTIONS AND MOTIONS
Discussion began at approximately 7:46 p.m.
3. Motion to amend the contract for Engineering Consulting Services for Phase II
of the Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for
additional design fees in the amount of $169,463.51 for a total contract amount
of $2,974,096.83
CM Dozeman introduced the Motion.
Issue
Construction of the Improve Wadsworth Project is being completed in two phases. A
contract with HDR Engineering, Inc. was originally executed in 2018 to complete the
construction plans for the entire corridor. A contract amendment was done in 2020 for
HDR to prepare the bid package for Phase 1 of construction from 41st Avenue to I-70.
An additional amendment to the HDR contract is required to complete construction
plans for Phase 2 of construction from 35th Avenue to 41st Avenue.
Staff Presentation
Mark Westberg, Project Manager spoke on the history of the contract, along with the
financial impact, and funding.
Due to both funding and constructability issues, the decision was made to start Phase 1
of the Improve Wadsworth Project including improvements from the I-70 ramps to just
south of 41st Avenue. On December 14, 2020, Council awarded a contract amendment
to HDR to repackage the construction for just Phase 1 of the project.
Staff has identified several funding sources that might be used to fund some or all of the
estimated $8 million for Phase 2 of the Improve Wadsworth Project. A discussion of
those funding sources will be held with Council on April 4, 2022 in study session. Staff
would like to initiate the repackaging effort prior to that April 4 study session so that the
Phase 2 construction work can potentially be seamlessly added to the Phase 1
construction contract.
Public Comment
No one came forward to speak.
Council Questions
CM Hultin asked what the timeline will be for the plans to be completed and presented.
Mr. Westberg gave a detailed answer including milestones and the current timeline.
City Council Minutes February 28, 2022 page 6
CM Hoppe asked how this re-planning will save money and time. Mr. Westberg
explained that three steps could be streamlined, and a significant portion of the costs
covered by state and Federal dollars.
Motion by CM Dozeman to amend the contract for Engineering Consulting Services for
Phase II of the Improve Wadsworth Project with HDR Engineering, Inc., Denver, CO, for
additional design fees in the amount of $169,463.51 for a total project cost of
$2,974,096.83, seconded by CM Hoppe, motion carried 7-0.
4. Resolution No. 10-2022 - A resolution approving a Memorandum of
Understanding (MOU) with the Wheat Ridge Water District (WRWD) regarding
the dedication of right-of-way for District facilities
CM Nosler Beck introduced the Resolution.
Issue
The City has been working for several years with the Wheat Ridge Water District to
replace their water mains and other facilities during the reconstruction of Wadsworth
Boulevard between 38th Avenue and Interstate 70. Several of the District’s facilities are
located within the property that the City acquired for the overall project. This
Memorandum of Understanding memorializes the City’s commitment to dedicate the
necessary property as right-of-way for the District’s facilities.
Staff Presentation
Mark Westberg, Project Supervisor described that early in the utility coordination
process for the Improve Wadsworth Project, the Wheat Ridge Water District expressed
interest in replacing their facilities in Wadsworth. The District was interested in both
replacing the aging facilities and also increasing the size of the water mains to provide
additional capacity for the anticipated growth that is and will be occurring along the
Wadsworth Corridor. The Colorado Department of Transportation (CDOT) is very
supportive of including the District’s work in the overall project.
Including the reconstruction of the District’s facilities in the overall Improve Wadsworth
Project has several advantages for CDOT, the City, and the District:
• Traffic impacts of replacing the aging District facilities are less by including their
work in the overall project due to having only one construction project.
• Construction coordination will be much easier with the City’s general contractor
supervising all the work.
• The District does not have to pay for separate construction traffic control and to
remove or repair the existing pavement.
• The District avoids the cost of doing night work, since most utility work on
Wadsworth is limited to just a few hours each night.
City Council Minutes February 28, 2022 page 7
He went on to state that Denver Water has deferred the approval of the District’s
construction plans due to the lack of dedicated ROW for some of those facilities. While
the necessary property has been acquired by the City, the property has not been turned
over to CDOT as ROW along Wadsworth or has not been formally accepted by Council
as ROW for the properties along City streets.
These two actions have been delayed while waiting for the last two properties to be
acquired, one of which was resolved on February 10, 2022. While the last property is
expected to be acquired at the end of March 2022, there is a lengthy process to prepare
the documents to both turn the ROW over to CDOT and to have them accepted by City
Council. Work on the District’s facilities is expected to start in early April 2022, hence
the need for the MOU.
This Memorandum of Understanding (MOU) memorializes the City’s commitment to
dedicate the necessary property as right-of-way for the District’s facilities and provides
the assurance that Denver Water needs to approve the District’s construction plans.
Public Comment
No one came forward to speak.
Council Questions
Council had no questions or concerns, as they were familiar with this matter from many
previous Council Study and Council Meeting sessions.
Motion by CM Nosler Beck to approve Resolution No. 10-2022, a resolution approving
a memorandum of understanding with the Wheat Ridge Water District regarding the
dedication of right-of-way for District facilities, seconded by CM Ohm, motion carried
7-0.
5. Resolution No. 11-2022 - A resolution authorizing the Mayor to execute an
agreement with Jefferson County Open Space to accept trails grant in the
amount of $196,668 for Clear Creek Trail improvements
CM Hultin introduced the Resolution at about 7:36 pm.
Issue
The Jefferson County Open Space Trails Partnership Program is funded by the
Jefferson County Open Space tax and exists to fund trails projects in the county at
either 25% of the project cost for local trails or 50% of the project cost for regional trails.
The Clear Creek Trail is considered a regional trail.
The City of Wheat Ridge was awarded $196,668 in funding through this program for two
sections of the trail to be upgraded from asphalt to concrete, for repairs and
improvements at the Otis St. trailhead and trail connection, and to add wayfinding
signage locations, and additional safety improvement areas. To receive the funding, the
City Council Minutes February 28, 2022 page 8
City must accept the grant award by directing the Mayor to sign the attached grant
agreement.
Staff Presentation
Karen O’Donnell, Parks and Recreation Director spoke of previous actions where City
Council passed Resolution 42-2021 on August 23, 2021 supporting the application to
this grant program.
The project is estimated to cost approximately $393,605, with the grant award
reimbursing $196,668 (50% of the project cost). The City’s 50% of the project cost
($196,668) includes in-kind project expenses and support (valued at $22,500) and the
10% project contingency ($33,737) and is included in the 2022 city budget within the
Open Space Fund.
The Clear Creek Trail is heavily used and highly valued by Wheat Ridge residents as a
regional trail within the Jefferson County trails plan. Feedback from the bi-annual
citywide resident survey and the Let’s Talk Resident Engagement Program affirms this.
The 2021 resident survey showed that 2/3 of respondents used the Clear Creek Trail in
the last year. Each of the Let’s Talk Program’s focus neighborhoods to date have told
the City that bicycle and pedestrian access and safety to and around the Clear Creek
Trail is a top tier issue. Improving the Otis Street trailhead was a specific need identified
by Leppla Manor residents, and this project would address that need.
Public Comment
No one came forward to speak.
Council Questions
Council had no questions or concerns, as they were familiar with the need for this
formal resolution.
CM Hultin asked about signage templates selected since Council last discussed this
matter. Ms. O’Donnell answered succinctly.
Motion by CM Hultin to approve Resolution No. 11-2022, a resolution authorizing the
Mayor to execute an agreement with Jefferson County Open Space to accept a trails
grant in the amount of $196,668 for Clear Creek Trail improvements, seconded by CM
Ohm, motion carried 7-0.
6. Motion to approve appointments to Boards and Commissions
By tradition, Board & Commission appointments are introduced by each District’s senior
member and seconded by the junior member.
Issue
As of March 2, 2022, the terms of twelve current Board and Commission members of
the City of Wheat Ridge will expire. Additionally, there are five existing vacancies to fill
City Council Minutes February 28, 2022 page 9
which include seats on the Planning Commission in Districts I and II, Cultural
Commission in Districts II and III and Parks and Recreation Commission in District III.
These positions are to be filled or re-appointed.
Public Comment
No one came forward to speak.
Motion by Councilmember Hoppe, seconded by Councilmember Hultin, as
Councilmembers from District I, to appoint to District I
Betty Jo Page to the Board of Adjustment, term ending 3/2/25
Morgan Richards to the Liquor Licensing Authority, term ending 3/2/25
Ralph Habben to the Parks and Recreation Commission, term ending 3/2/25
Jonathan Schelke to the Planning Commission, term ending 3/2/25
Jerry DiTullio to the Planning Commission, term ending 3/2/24
Motion carried by CM Hoppe seconded by CM Stites, approved 7-0
Motion by Councilmember Hultin, seconded by Councilmember Ohm, as
Councilmembers from District II, to appoint to District II
Thomas Burney to the Board of Adjustment, term ending 3/2/25
Vacant to the Board of Adjustment, term ending 3/2/25
Jason McCollough to the Building Code Advisory Board, term ending 3/2/25
Beth Kelley to the Cultural Commission, term ending 3/2/24
Rocco Germano to the Liquor Licensing Authority, term ending 3/2/25
Julianne Stern to the Planning Commission, term ending 3/2/25
Motion by CM Hultin, seconded by CM Ohm carried 7-0.
Motion by Councilmember Stites, seconded by Councilmember Weaver, as Councilmembers from
District III, to appoint to District III:
Teresa Linders to the Cultural Commission, term ending 3/2/23
Lenny Ortiz to the Liquor Licensing Authority, term ending 3/2/25
Catherine Rooney to the Parks and Recreation Commission, term ending 3/2/24
Melissa Antol to the Planning Commission, term ending 3/2/25
William (Will) Kerns to the Planning Commission, term ending 3/2/25
City Council Minutes February 28, 2022 page 10
Motion by CM Stites, seconded by CM Weaver, motion carried 7-0.
Motion by Councilmember Dozeman, seconded by Councilmember Nosler Beck, as
Councilmembers from District IV, to appoint to District IV:
Cynthia (Cindy) Shaw to the Liquor Licensing Authority, term ending 3/2/25
Motion carried 7-0
CITY MANAGER’S MATTERS
Mr. Goff deferred until after the Special Study Session to follow this meeting tonight.
CITY ATTORNEY’S MATTERS
Nothing tonight.
ELECTED OFFICIALS’ MATTERS
CM Stites and CM Weaver held a nice, productive meeting recently with residents from
across the City. Please, take care of your neighbors during bad weather.
CM Weaver underscored CM Stites comments.
CM Hoppe reported on the one-year anniversary since the Family Justice Center
opened. She thanked the local restaurants for catering the food. She also announced
an opening on the Liquor Authority, which occurred when Mr. DiTullio was appointed
tonight to the Planning Commission.
CM Nosler Beck reported that holding a public meeting at the Rec Center fosters more
attendance. She thanked all who applied for the seats on the Boards and
Commissions. She also announced some forthcoming absences as she travels with her
family.
CM Hultin expressed her gratitude for the two former mayors attending tonight, and for
their groundbreaking efforts that led to our current Council with six women sitting on the
Council. She also thanked the people who have applied to serve on boards and
commissions, and she acknowledged their thousands of hours of volunteer work and
how it improves the quality of life in Wheat Ridge. We have been getting a lot of
snowfall in the past few weeks. Residents have done a good job of clearing sidewalks.
Businesses, however, are impacting the disabled by piling snow from their parking lots
onto sidewalks. She urged businesses to remember to avoid piling snow from their
premises onto public sidewalks, and to remove the snow may still be there.
CM Ohm thanked CM Dozeman and Weaver for attending the event at Wheat Ridge Lanes. He also recently visited Grammys Goodies and Styles and Crate and lauded these local small businesses. Anyone interested might look into a book called The
Poetics of Cities, Author: Mike Greenburg.
City Council Minutes February 28, 2022 page 11
CM Dozeman thanked residents for attending the 44th Avenue Subarea Plan public
meeting. She recently attended some public meetings, including an event to highlight
our businesses at the bowling lanes at 26th. and Kipling.
Mayor Starker expressed his honor and pride in issuing the two proclamations about
women and their contributions to our world and City. He thanked the staff who attended
tonight. He also thanked those who volunteered to serve on our Boards and
Commissions. He thanked CM Hoppe for serving on the Porchlight Board of Directors
and supporting the survivors of domestic violence.
Coffee with the Mayor will be at Vignola’s Italian Deli on 38th Avenue on Saturday,
March 12 at 9:00 am. This meeting will be in person. Watch for pedestrians, especially
children, as you drive in the early morning and in the hours after school dismisses.
ADJOURNMENT TO SPECIAL STUDY SESSION
The meeting adjourned at 8:03 pm.
_______________________
Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON March 28, 2022
__________________________
Rachel Hultin, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they
contain a record of what was done at the meeting, not what was said by the members.
Recordings and DVD’s of the meetings are available for listening or viewing by contacting the
City Clerk’s Office, as well as copies of Ordinances and Resolutions.
SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue
February 28, 2022
Upon adjournment of the Regular City Council Meeting, the Mayor called this Special
Study Session to order after a brief recess at 8:08 p.m.
This meeting was conducted as a VIRTUAL MEETING.
No members of the Council were physically present at the Municipal building for this
meeting; the public did not attend in person.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
The Mayor also explained the virtual meeting format, how citizens will have the
opportunity to be heard, and the procedures and policies to be followed.
Council members present: Amanda Weaver, Scott Ohm, Janeece Hoppe, Rachel
Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman.
Also present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; City Treasurer
Chris Miller, City Manager Patrick Goff; Director of Administration, Allison Scheck;
Homeless Navigator, Rebekah Raudabaugh; Kelli Barker with the Jefferson County
Homeless Network, guests and interested citizens.
Public Comment on Agenda Items –
No one came forward to comment – public comment was opened during the Regular
Council Meeting.
Note about Wheat Ridge Speaks:
The public may visit the Wheat Ridge Speaks website and enter written comments of up
to 1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item, including
items that include a public hearing (verbatim, if the comments do not contain lascivious
language or unlawful hate speech).
There were no public comments entered into Wheat Ridge Speaks related to this
session.
1. Homeless Navigation Program Update
Issue
The previous community meeting on homelessness took place in May 2021, and the
last Homeless Navigation Program update was in August 2021.The purpose of this
study session item is for the City’s Homeless Navigator to provide a general update to
City Council regarding the Homeless Navigation Program, Housing Navigation Centers
and the latest citywide efforts in support of addressing homelessness.
Staff Report
Rebekah Raudabaugh, Homeless Navigator gave a detailed report on how the position
works closely with the local business community, constituents, metro-area non-profit
providers and government agencies.
This includes:
• Weekly outreach efforts which consist of contacting individuals living unsheltered
and offering resources and basic need items such as socks, water, snacks, etc. to build rapport
• Attending Municipal Court to provide support for persons experiencing homelessness
• Completing intakes for the Homeless Management Information System (HMIS) and assessing client’s needs
• Assisting clients with obtaining vital documents
• Making referrals for healthcare, mental health, substance misuse, legal issues, and benefits
• Navigating clients to identify a pathway towards housing
• Assisting clients with housing searches, applications, and deposits
She also gave an update that in October 2021, the City of Golden hired a Navigator to
solely provide services in Golden. The City of Wheat Ridge Homeless Navigation
Program worked direly with the new Navigator to provide training on the already in place
program and transfer over the current Golden caseload. The City of Wheat Ridge
Homeless Navigation Program now only services the cities of Wheat Ridge and
Edgewater.
Kelli Barker, Jeffco Regional Housing Coordinator, reported on the County’s effort to
help those experiencing homelessness. She gave an overview supported by media/
PowerPoint.
Councilmember questions and comments:
Several Councilmembers thanked both presenters, not only for their presentations
tonight but also for their hard work to address issues related to those experiencing
homelessness and for providing so much help to that population.
CM Hoppe asked about the process of obtaining housing vouchers. What is the
process if someone has not pre-registered? Is there a business card-sized handout we
could get to pass along to those we encounter who are experiencing homelessness?
Ms. Raudabaugh provided a detailed answer; yes, there are provisions to help those
who have not pre-registered and outreach items or handouts are available. She will
create the small handout.
CM Hoppe also asked about people who have been charged with offenses related to
homelessness, such as panhandling or shoplifting. Is there any policy change you
would like to see that would help move this effort forward without needlessly or even
heartlessly punishing these people? Ms. Rudabaugh gave a detailed answer.
CM Hoppe expressed condolences on the recent loss of one of our clients experiencing
homelessness.
CM Ohm asked whether staff could share any of the information presented by the
Subarea Plan on 44th Avenue. Mr. Goff gave a detailed reply.
CM Ohm also asked about recent incidents where porta-potties have been burned. He
asked what can be done to prevent or alleviate this problem. Mr. Goff gave a detailed
answer, reporting on current and prior efforts by the City to address the need for not
only restrooms but also showers and laundry.
Mr. Ohm commented that he once used portable facilities when he was fighting wildfires
for the Federal government. He wondered if there is such equipment that firefighters
are not using during the winter. Staff agreed to pursue the possibility. The major cost
issue turns on the fact that we would need to provide staffing for these facilities, to
protect the equipment from vandals and thieves and to maintain an orderly service.
CM Nosler Beck asked about sharps containers and other public health issues. Mr.
Lovato gave an extensive and detailed reply. He reported that he expects sharps
containers to be placed in our parks later this spring.
CM Hoppe commented that Fruitdale residents are asking for the sharps containers in
their parks, and they may be able to give testimonials on their experience when the
program begins in their area. She also talked about how to safeguard porta-potties with
digital code locks to help deter vandals and arsonists.
CM Hultin profusely thanked Ms. Barker and Ms. Rudabaugh. She reported on some
specific signs of progress in helping those experiencing homelessness and commented
on how important direct contacts are. Please, describe the qualifying Census Track
program requirements. Ms. Barker gave some specific details and pointed to online
resources.
CM Hultin also added support to CM Hoppe’s ideas based on her own experiences as
well. She keeps transit passes with her to help people needing them. She also asked
how we could provide telephones to this population when they need to make phone
calls to access services. Ms. Raudabaugh reported on currently available resources for
making calls.
CM Dozeman expressed her appreciation for the presenters hard work. Are their
possible means to inform the public about what the City and County are doing to help
those experiencing homelessness and ways residents can provide help safely? Mr.
Goff gave a detailed reply.
CM Nosler Beck reiterated and emphasize support for CM Hoppe’s suggestion that the
City provide some kind of small card or other handout people can give to those they
encounter who are experiencing homelessness. Mr. Goff gave a reply about current
resources like the ones CM Nosler Beck is discussing, and the possibility of providing a
handout that our residents could carry and provide to those they encounter who need
the services.
CM Stites also thanked those who attended recent meetings with him and CM Weaver.
If you can find it in Wheat Ridge, buy it in Wheat Ridge.
Mayor Starker also thanked the presenters for both their effort to inform us tonight and
for their hard work to serve those experiencing homelessness. He asked Ms. Barker
about the financing for the Homeless Navigation Center north of here. He mentioned a
number of funding examples and asked what resources Wheat Ridge might access.
Staff Report(s)
Mr. Goff commented about a proposed collective bargaining statute under discussion in
the legislature (no bill introduced yet). The CML will oppose any such bill as too
overbearing and an encroachment on our Home Rule City rights. This would be an
unfunded mandate as well. The City of Arvada has already passed a resolution against
any such bill.
CM Nosler Beck commented and suggested that we remain neutral on this matter for
now. She would like for City employees to participate in collective bargaining, to
provide every opportunity for workers to advocate for themselves.
CM Hultin expressed her agreement with CM Nosler Beck’s comments. CML does a
great job. We should have a dialogue within our City about collective bargaining and
our City employees. She also wants to remain neutral and not send a letter about this
matter from the City to CML.
CM Dozeman also opined that we can remain neutral for the time being, and perhaps
leverage our Home Rule status as necessary.
CM Ohm asked if such a bill passed, would we have to obey it regardless of our Home
Rule Charter. Mr. Dahl gave a detailed reply, using the recent trends in court decisions
in Colorado regarding similar issues. He doubts that we could exempt ourselves using
the Home Rule Charter status, depending on the eventual language in whatever
measure passes, if any.
CM Ohm asked if passing such legislation would erode the rights of Home Rule
Municipalities. Mr. Dahl recalled several examples of cases where courts curtailed
Home Rule City options based on legislation stating that the matters addressed are of
concern statewide. In some cases, the Courts have ruled that Home Rule prevails and
in other cases eroded those rights.
CM Hoppe raised the question of how and when the City would change from neutral to
advocating a position for the benefits of our City.
CM Stites is also okay to stay neutral for now, but we should monitor the situation and
change that neutrality depending on what legislation is introduced. Mr. Dahl and Mr.
Goff commented that the current discussions support a bill that would mandate allowing
collective bargaining.
Consensus reached to take no action and remain neutral for the time being.
Elected Officials’ Report(s)
Nothing further, as this session immediately followed a Regular Council Meeting.
The Mayor noted our progress on important matters this evening and thanked the staff
for their hard work.
ADJOURNMENT
The Special Study Session adjourned at 9:38 pm.
APPROVED BY CITY COUNCIL ON March 28, 2022.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Rachel Hultin, Mayor Pro Tem
STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting
March 7, 2022
Mayor Bud Starker called the Study Session to order at 6:32 p.m.
This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building,
and some members of the public attended in person as well. A quorum of members
(eight) of Council were present in Council Chambers for this session.
Mayor Starker welcomed the Council, other elected officials, staff and interested
citizens.
Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have
the opportunity to be heard, and the procedures and policies to be followed.
Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites,
Valerie Nosler Beck, Janeece Hoppe, Leah Dozeman, and Rachel Hultin.
Also, present: City Manager Patrick Goff; City Clerk, Steve Kirkpatrick; City Attorney,
Gerald Dahl; Director of Administration, Allison Scheck; Assistant to the City Manager,
Marianne Schilling; President/CEO of Community First Foundation, Kelly Dunkin; Race
and Equity Task Force co-chairs Terry Gale, Jenny Snell, and Jeff Richards, interested
citizens and guests.
Citizen’s Right to Speak
No one came forward to speak.
Note about Wheat Ridge Speaks:
Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to
1,000 words on any Council agenda item. The deadline for citizens to submit
comments is 12:00 Noon Mountain Time on the day of a Council session so that
Council members, other elected officials and City Staff have time to review the
comments before the meeting on Monday evening.
The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these
minutes, placing each comment along with the record for that agenda item.
No comments appear in WR Speaks related to this session.
1. Community First Foundation
Discussion of this item began at approximately 6:33 pm
Issue
Community First Foundation (CFF) has been connecting donors and innovative
Colorado nonprofits since 1975. As the community foundation serving Jefferson County,
they are committed to connecting ideas, people and nonprofits so that all Jeffco
communities have the opportunity to thrive. They help donors with philanthropic
planning, support nonprofits with grants and resources, and together, build resilient and
connected communities.
Staff Reports
Patrick Goff spoke on the three ways that this foundation makes good happen, those
being:
1. They help donors and businesses across the state with giving; 2. They provide grants and support community building in Jeffco; 3. They are the creators of ColoradoGives.org and Colorado Gives Day.
Kelly Dunkin then provided updates on the Foundations current purpose, vision, values,
and work in Jefferson County by giving a remarkable presentation supported by
multimedia.
Councilmembers thanked both staff and Ms. Dunkin for their briefings and for their
presentation. Councilmembers also expressed their appreciation for the hard work the
Foundation is doing, and the impact it is having.
Councilmembers engaged Ms. Durkin in a thoughtful discussion of the Foundation’s
current efforts and successes and its future plans.
Director of Administration introduced our new IT Manager, Jesse Durkin.
2. Race and Equity Task Force Update
Discussion of this item began at approximately 7:08 pm
Issue
The Race and Equity Task Force co-chairs will be presenting to City Council an update
of the progress that has been made to date and the plan moving forward.
Staff Reports
Marianne Schilling presented to Council a summary of the recent work of the task force,
and it’s plans to meet the deadlines and milestones they will accomplish in 2021.:
Equity Task Force co-chairs Terry Gale, Jenny Snell, and Jeff Richards spoke to
Council about the details of their work and plans.
The three Task Force leaders spoke not only of their accomplishments and plans, but
also about how they have gone about their work, other people and organizations that
they have involved in their work and their efforts to ensure inclusiveness and fairness
throughout the process.
They discussed in detail their recent work with the Municipal Courts, the Police
Department and our schools.
Ms. Schilling announced that the Task Force will soon present some recommendations
to Council to consider as the Task Force continues its work.
Councilmembers expressed their gratitude for all of the Task Force’s hard work; their
report to Council tonight amazed some readers at the breadth and depth of their
accomplishments.
Councilmembers asked the Task Force leaders if there is anything more Council can do
or provide that would help the Task Force effectively and efficiently proceed with its
work. They also asked about the flow of information and communication between
Council, staff and the Task Force, and how to continuously improve it.
The Task Force has lost some members through attrition, and others find that two
meetings per month have proven taxing. Task Force leaders asked whether Council
would approve adding additional Task Force members, to continue the same quality of
work and output more quickly. Council was amenable to that request. For example, is
there a specific skill set the Task Force needs but does not have among its current
members?
Councilmembers also discussed the viability of issuing a final report by September 30,
2022. The discussion also touched upon the option of asking the Task Force for interim
reports as they make progress, so Council can begin acting upon recommendation the
Task Force may be prepared to make.
The discussion reached a point at which adding new members and also moving the
endpoint of the Task Force’s work out beyond September 30, 2022. The two dynamics
will influence one another, and so need to be considered in tandem.
CM Hultin asked for a consensus to add new members to the Task Force. She also
asked for a consensus to ask the Task Force and staff to return to Council with a
revised timeline for the Task Force’s work and final report due date.
Consensuses attained.
3. Staff Report(s)
Discussion began at 8:20 pm,
Mr. Goff updated Council on the ongoing facility assessment. Many City buildings need
renovation, repair or other work. The City is also looking into leasing office space to
relieve the need for more office and storage space. Staff will have a more detailed
report and recommendations for Council soon. The effort is necessary for staff morale,
retention and effectiveness. Mr. Goff also opined that leasing new space would
probably not require a supplemental budget approval.
Councilmembers informally expressed their support for the proposed actions. Staff will
keep Council informed and bring action items for consideration in due course.
The Mayor proposed a consensus to direct staff to move forward with a leasing process.
Consensus attained.
4. Elected Officials’ Report(s)
CM Hultin thanked Karen O’Donnell and Sara Spaulding for the newly hung
photographs along Council Chamber walls. They are an improvement! There are so
many businesses opening in our City, and the number of them is exciting. We should
be proud of our City and grateful for the work done by our staff.
CM Hutchinson commented that she is pleased to see more traffic speed warning
devices in use in the City. She hopes it will impact the speeding in our neighborhoods.
Let’s slow down a little bit, at least.
Councilmember Nosler Beck reported that she will be out of state the latter half of
March. She asked for assistance so that she can listen, if not participate, in Council
session on March 21 and 28. Staff replied in the affirmative.
CM Dozeman announced the launch of a new magazine, Wheat Ridge Living. She
invited the public to attend a meeting about the publication at Clancy’s Irish Pub on
Thursday this week.
CM Ohm asked about some parking along 32nd near Crown Hill Park, where there is no
curb and gutter and no parking lot. Staff answered his questions with current
information. We are working with Jeffco Open Space and Lakewood to improve the
parking and that entry to the park.
The Mayor announced Coffee with the Mayor this Saturday, 9:00 a.m. at Vignola’s on
38th at Wadsworth.
ADJOURNMENT
The Study Session adjourned at 9:00 PM.
APPROVED BY CITY COUNCIL ON March 28, 2022.
Steve Kirkpatrick, City Clerk
Rachel Hultin, Mayor Pro Tem
ITEM NO: 1a
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 12-2022 – A RESOLUTION AMENDING
THE FISCAL YEAR 2022 PUBLIC ART FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $185,000 FOR THE CLEAR CREEK CROSSING PUBLIC ART INSTALLATION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________
Administrative Services Director City Manager ISSUE: On November 8, 2021, City Council approved a contract with Aethyrworks in the amount of $185,000 for a public art installation at Clear Creek Crossing. Sufficient funds were appropriated in
the 2021 budget to encumber and pay for the project. Due to timing of the encumbrance, funds for the project were not included in the 2022 reappropriation of carryovers and no funding exists in the 2022 Public Art Fund budget to encumber for this purpose. PRIOR ACTION:
On November 8, 2021, Council approved a contract and payment to Aethyrworks for a public art piece entitled “Agrarian Calling” to be installed at Clear Creek Crossing in the amount of $185,000. Council approved a budget supplemental for the reappropriation of encumbered funds on February 14, 2022 and the public art piece was erroneously excluded.
Council Action Form – Public Art Fund Reappropriation March 28, 2022
Page 2
FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $185,000. As unencumbered
funds were returned to the fund balance on December 31, 2021, sufficient funding exists as planned
to cover this expenditure. BACKGROUND: The Clear Creek Crossing site development includes a public art project. The process for
selecting public art is defined in the Public Art Management Plan. Per this process, a public art
piece entitled “Agrarian Crossing” by artist Tiimo Mang has been commissioned. Mang’s proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Commission then made a recommendation to City Council for acceptance and purchase. The purchase price of $185,000 includes design, construction, installation and
documentation.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations.
RECOMMENDED MOTION:
“I move to approve Resolution No. 12-2022, a resolution amending the Fiscal Year 2022 Public Art Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $185,000 for the Clear Creek Crossing public art installation.”
Or,
“I move to postpone indefinitely Resolution No.12-2022, a resolution amending the Fiscal Year 2022 Public Art Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $185,000 for the Clear Creek Crossing public art installation for the following reason(s)
_______________________________.” REPORT PREPARED AND REVIEWED BY: Karen O’Donnell, Parks and Recreation Director Allison Scheck, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 12-2022
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 12 Series of 2022
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $185,000 FOR THE
CLEAR CREEK CROSSING PUBLIC ART INSTALLATION
WHEREAS, City Council approved a contract and payment to Aethyrworks for a public art installation at Clear Creek Crossing on November 8, 2021; and
WHEREAS, the City’s independent auditor has recommended that the City utilize
generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, sufficient funds were available in 2021 for this project and were
returned to the Public Art Fund fund balance on December 31, 2021; and
WHEREAS, to continue this project in 2022, a supplemental budget appropriation is necessary to transfer $185,000 from Public Art Fund unreserved fund balance to the Clear Creek Crossing public art expenditure line item.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A transfer of $185,000 is hereby approved from the Public Art Fund ending fund
balance to account 12-601-800-810. DONE AND RESOLVED this 28th day of March 2022.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1b
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 13-2022 – A RESOLUTION APPROVING
AN INTERGOVERNMENTAL AGREEMENT WITH
JEFFERSON COUNTY CONCERNING THE RELEASE AND USE OF ELECTRONIC COPIES OF BUILDING PERMITS AND PLANS FOR THE PURPOSE OF ASSESSING REAL PROPERTY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Community Development Director City Manager ISSUE: Jefferson County desires to have access to electronic copies of permits and supporting documents
controlled by the City of Wheat Ridge for property assessment purposes. The County and City wish
to enter into an Intergovernmental Agreement (IGA) allowing County staff to have access to these materials. PRIOR ACTION:
None FINANCIAL IMPACT: None
BACKGROUND:
Jefferson County has requested that its auditors have access to electronic copies of building
permits and supporting documents, including architectural drawings, either hard copy or
Council Action Form – IGA with Jefferson County for release of building permit documents March 28, 2022
Page 2
electronic in form, from the City for the purpose of assessing real property. City policy is not to
release building permit plans given that these are considered proprietary documents that are
typically stamped by registered professional architects and engineers. Staff policy has been to
allow such documents to be viewed in city offices, but no reproduction is allowed without
release from the proprietary owners of said documents. Staff finds it appropriate to release these
documents to County staff for the limited purposes outlined in the IGA, provided they do not
become public records of the County that as such could potentially be released to the public.
City legal counsel drafted the attached agreement which allows City staff to grant access to the
County staff for purposes of assessing property within the City boundaries. As per the IGA,
plans accessed will not be available to the public.
RECOMMENDATIONS:
Staff recommends approval of the IGA with Jefferson County. RECOMMENDED MOTION: “I move to approve Resolution No. 13-2022, a resolution approving an intergovernmental
agreement with Jefferson County concerning the release and use of electronic copies of building
permits and plans for the purpose of assessing real property.” Or,
“I move to postpone indefinitely Resolution No. 13-2022, a resolution approving an intergovernmental agreement with Jefferson County concerning the release and use of electronic copies of building permits and plans for the purpose of assessing real property for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Ken Johnstone, Community Development Director Steve Art, Economic Development Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 13-2022 2. Exhibit A - Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2022
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE RELEASE AND USE OF ELECTRONIC COPIES OF BUILDING PERMITS AND PLANS FOR THE PURPOSE OF ASSESSING REAL PROPERTY
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 of Wheat Ridge receives plans, documents, and submittals
pertaining to development as part of the review and approval of building permits; and
WHEREAS, The City wishes to ensure that the documents are used only for official Jefferson County purposes, specifically to assist the County Assessor’s office in accurately assessing real property valuation and not generally made available as
Jefferson County public records; and
WHEREAS, Jefferson County wishes to request and receive electronic copies of building permits and supporting documents, including architectural drawings, either hard copy or electronic in form, from the City for the purpose of assessing real property; and
WHEREAS, the City of Wheat Ridge wishes to enter into an intergovernmental
agreement with Jefferson County Colorado to accomplish these goals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The Intergovernmental Agreement between the City and Jefferson County Colorado, attached hereto as Exhibit A, is hereby approved.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 28th day of March 2022.
Bud Starker, Mayor
ATTEST:
Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
EXHIBIT A INTERGOVERNMENTAL AGREEMENT
TM21-2450 Page 1 of 5
INTERGOVERNMENTAL AGREEMENT
FOR RELEASE AND USE OF ELECTRONIC COPIES
THIS INTERGOVERNMENTAL AGREEMENT FOR RELEASE AND USE OF ELECTRONIC
COPIES (the “Agreement”) dated for reference purposes only November 24, 2021, is made and entered
into by and between JEFFERSON COUNTY, COLORADO, a body politic and corporate (the “County”),
and the CITY OF WHEAT RIDGE, a body politic and corporate (the “City”).
RECITALS
A.The County wishes to request and receive electronic copies of building permits and supporting
documents, including architectural drawings, either hard copy or electronic in form, from the City for
the purpose of assessing real property.
B.The City wishes to assure that the documents are used only for official Jefferson County purposes and
not generally made available as Jefferson County public records.
C.Pursuant to Article XIV, § 18(2)(a), Colorado Constitution, and § 29-1-203, C.R.S., the County and
the City have the authority to enter into intergovernmental agreements.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein,
the parties agree as follows:
1.AUTHORIZED REPRESENTATIVES. Each party’s representative designated below shall have
the authority to bind said party to that party’s obligations as provided for herein. The County
designates Sue Sterrett as its authorized representative under this Agreement. The City designates the
Director of Community Development as its authorized representative under this Agreement.
2.OBLIGATIONS OF THE COUNTY. The County will use electronic copies of building permit
plans received from the City solely for the purpose of assessing real property. The County will not
permit public disclosure of the building permit plans.
3.OBLIGATIONS OF THE CITY. The City will release electronic copies of building permit plans as
requested by the County for the purpose of assessment.
4.INFORMATIONAL OBLIGATIONS. Each Party hereto will meet its obligations as set forth in
C.R.S. 29-1-205, as amended, to include information about this Agreement in a filing with the
Division of Local Government; however, failure to do so shall in no way affect the validity of this
Agreement or the remedies available to the parties hereunder.
5.FINANCIAL MATTERS. Performance of this Agreement is made in consideration of the mutual
covenants and promises contained herein and no party to this Agreement shall have any obligation to
ATTACHMENT 2
TM21-2450 Page 2 of 5
pay any other party for performance of this Agreement. Each party shall be responsible for its own
costs incurred in the performance of this Agreement.
6.CONFIDENTIALITY. The parties, for themselves, their agents, employees, and representatives,
agree that they will not divulge any confidential or proprietary information they receive from the
other party or otherwise have access to, except as may be required by law.
7.LIABILITY AND IMMUNITY.
7.1. Each party will be responsible for its own negligent or intentional acts or omissions and for
those of its employees, officers, agents and volunteers.
7.2. The parties agree that in the event any claim or suit is brought against either or both parties by
any third party as a result of the operation of this Agreement, both parties will cooperate with
each other, and with the insuring entities of both parties, in defending such claim or suit.
7.3. The parties hereto intend that nothing herein shall be deemed or construed as a waiver by either
party of any rights, immunities, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.) as now or hereafter amended or
otherwise available at law or equity.
8.TERM AND TERMINATION.
8.1. The term of this Agreement shall commence on the date the Agreement is executed by all
parties and continue until terminated as provided herein.
8.2. Either party may terminate this Agreement with or without cause upon 30 days’ prior written
notice to the other parties.
9.NOTICES.
9.1. “Key Notices” under this Contract are notices regarding any Contract default, contractual
dispute, or termination of the Contract. Key Notices shall be given in writing and shall be
deemed received if given by: (i) electronic mail (as set forth in subsection (b) below) when
transmitted, if transmitted on a business day and during normal business hours of the recipient,
and otherwise on the next business day following transmission; (ii) certified mail, return receipt
requested, postage prepaid, three (3) business days after being deposited in the United States
mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the
parties will follow up any electronic mail with a hard copy of the communication by the means
described in subsection (a)(ii) or (a)(iii) above. The requirement for following up a Key Notice
made by electronic mail with a hard copy shall be deemed waived by the receiving party upon
acknowledgement, via electronic mail, within three business day of transmission of the Key
Notice, that the Key Notice has been received. All other communications or notices between
the parties that are not Key Notices may be done via electronic mail. Notice shall be given to
the parties at the following addresses:
TM21-2450 Page 3 of 5
JEFFERSON COUNTY: Jefferson County Assessor
100 Jefferson County Parkway, Ste. 2500 Golden, CO 80401
Tele: 303-277-8610
Fax: 202-271-8616
Email: ssterret@jeffco.us
CITY OF WHEAT RIDGE Attn: Director of Community Development
7500 West 29th Avenue Wheat Ridge, CO 80033 Tele: 303-234-5900
Email: kjohnstone@ci.wheatridge.co.us
With a copy to:
Jefferson County Attorney
100 Jefferson County Pkwy
Golden, CO 80419-5500
Tele: 303-271-8900
Email: CAOContracts@jeffco.us
All Key Notices shall include a reference to the Agreement including the parties’ names and the
date of the Contract.
9.2. Electronic Mail. The parties agree that: (i) any notice or communication transmitted by
electronic mail, shall be treated in all manner and respects as an original written document; (ii)
any such notice or communication shall be considered to have the same binding and legal effect
as an original document; and (iii) at the request of either party, any such notice or
communication shall be re-delivered or re-executed, as appropriate, by the party in its original
form. The parties further agree that they shall not raise the transmission of a notice or
communication, except for Key Notices, by electronic mail as a defense in any proceeding or
action in which the validity of such notice or communication is at issue and hereby forever
waive such defense. For purposes of this Contract, the term “electronic mail” means email.
10. MISCELLANEOUS.
10.1. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the
terms and conditions of this Agreement and all right of action relating to such enforcement
shall be strictly reserved to the parties and nothing contained in this Agreement shall give or
allow any such claim or right of action by any other third party. It is the express intention of
parties that any person other than parties receiving services or benefits under this Agreement
shall be deemed to be an incidental beneficiary only.
10.2. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute
one and the same instrument. The parties approve the use of electronic signatures for execution
of this Agreement. All documents must be properly notarized, if applicable. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S.
§§24-71.3-101 to -121.
TM21-2450 Page 4 of 5
10.3. Proper Execution. Each party represents that all procedures necessary to authorize such party’s
execution of this Agreement have been performed and that the person signing for such party
has been authorized to do so.
[The remainder of this page intentionally left blank.]
ITEM NO: 1c
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 14-2022 – A RESOLUTION APPROVING
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE WEST METRO DRUG TASK FORCE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Chief of Police City Manager ISSUE:
The Jefferson County Sheriff’s Office, a member of the West Metro Drug Task Force (WMDTF),
has asked that the intergovernmental agreement (IGA) establishing the Task Force between the participating agencies be amended. The City of Arvada has withdrawn from the WMDTF, and some financial responsibilities with regard to the WMDTF are changing.
PRIOR ACTION:
Council approved the original IGA that established the West Metro Drug Task Force in 1995, and an amended and restated agreement for the Task Force in 2018. FINANCIAL IMPACT:
There will be no net financial impact. Only the duties and obligations of the Financial Host will
change. BACKGROUND: The City of Wheat Ridge entered into an intergovernmental agreement in 1995 with the Cities of
Arvada, Golden, and Lakewood, the Jefferson County Sheriff’s Office, and the First Judicial
District Attorney’s Office to form the West Metro Drug Task Force (WMDTF). The City of Arvada is withdrawing from the WMDTF necessitating the IGA be amended to show their departure.
Council Action Form – Amended IGA for the West Metro Drug Task Force March 28, 2022
Page 2
The Jefferson County Sheriff’s Office will now also be the Financial Host for the WMDTF thus necessitating the IGA be amended to show this action. This includes management of the Rocky
Mountain High Intensity Drug Trafficking Area (HIDTA) grant, formerly managed by the
Lakewood Police Department. All financial matters related to the operation of the West Metro Drug Task Force will be managed by Jefferson County.
RECOMMENDATIONS: Staff recommends that City Council approve the amended and restated intergovernmental agreement for the West Metro Drug Task Force.
RECOMMENDED MOTION:
“I move to approve Resolution No. 14-2022, a resolution approving an amended and restated intergovernmental agreement for the West Metro Drug Task Force.” Or,
“I move to postpone indefinitely Resolution No. 14-2022, a resolution approving an amended and restated intergovernmental agreement for the West Metro Drug Task Force for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY:
Darrel Guadnola, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 14-2022 2. Exhibit A - Amended and restated intergovernmental agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 14 Series of 2022 TITLE: A RESOLUTION APPROVING AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE WEST
METRO DRUG TASK FORCE WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and
welfare; and WHEREAS, C.R.S. § 29-1-203 authorizes Colorado local governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each; and
WHEREAS, in 1995, the City and a number of other area jurisdictions with law enforcement and criminal justice authority entered into an intergovernmental agreement establishing the West Metro Drug Task Force, to be utilized in the identification, investigation, and prosecution of individuals and groups involved with the trafficking of
illegal drugs and associated criminal enterprises, which Agreement was amended and restated in 2018; and WHEREAS, the Jefferson County Sheriff’s office has requested the Agreement be amended to clarify the obligations of that office as the Financial Host for the Task Force;
and WHEREAS, the City of Arvada wishes to withdraw from the Task Force; and WHEREAS, the City Council therefore desires to approve the amendment to the
current intergovernmental agreement by resolution, as required by Section 14.2 of the Wheat Ridge Home Rule Charter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
The amended and restated intergovernmental agreement for the West Metro Drug Task Force, attached hereto as Exhibit A, is hereby approved. DONE AND RESOLVED this 28th day of March 2022.
Bud Starker, Mayor ATTEST:
Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
2
Exhibit A Amended and Restated Intergovernmental Agreement [attached]
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
1.THIS FIRST AMENDMENT TO AMENDED AND RESTATEMENT
INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG
TASK FORCE WEST METRO DRUG TASK FORCE (this “Amendment”), dated for reference
purposes only this May 26, 2021, between the cities of Lakewood, Wheat Ridge, and
Golden, the District Attorney for the First Judicial District of Colorado (“District Attorney”),
and Jefferson County through and on behalf of the Jefferson County Sheriff (each, a “Party,”
and collectively referred to as the “Parties”).
2.RECITALS
A.The parties entered into an Amended and Restated Intergovernmental Agreement to
Establish the West Metro Drug Task Force (“WMDTF”), effective January 2, 2019 (the
“Agreement”)
B.The parties desire to amend the Agreement to acknowledge the withdrawal of the City of
Arvada from the WMDTF, and clarify the role of the Financial Host, as set forth herein.
2.1 Capitalized terms not otherwise defined herein shall have the meaning set forth in the
Agreement. Intergovernmental agreements to provide functions or services,
including the sharing of the costs of such services or functions by political
subdivisions of the State of Colorado, are specifically authorized by§ 29-1-203,
C.R.S. and Article XIV,§ 18(2)(a), Colorado Constitution.
2.2 The Parties hereto are each authorized to lawfully provide, establish, maintain,
and operate law enforcement and other emergency services.
2.3 Contiguous boundaries often result in more than one law enforcement agency
becoming involved in the investigation of criminal enterprises.
2.4 The ability of a Party to respond to criminal enterprises may be limited by its
personnel and equipment.
2.5 The Parties desire to establish and implement the West Metro Drug Task Force
(hereinafter referred to as "Task Force") to be utilized in the identification,
investigation, and prosecution of individuals and groups involved with the
trafficking of illegal drugs and associated criminal enterprises.
2.6 The Parties established, or joined later, the Jefferson County Task Force pursuant
to an intergovernmental agreement dated September 20, 1995, as amended
("Original Agreement"), which the Parties wish to replace and supersede with the
terms of this Agreement.
2.7 Establishment of this Agreement promotes a public purpose and the safety,
security, and general welfare of the inhabitants of Jefferson County.
ATTACHMENT 2
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
3.AGREEMENT
In consideration of the covenants and conditions set forth herein, and for other good and valuable
consideration, the sufficiency of which is hereby acknowledged, the County and the Parties agree as
follows:
3.1. The City of Arvada was a Party to the Agreement. The Parties hereto acknowledge that
Arvada provided notice per Paragraph 6.1 and is no longer a Party to the Agreement.
4.TASK FORCE.
4.1. This Agreement is to facilitate cooperation between the Parties in the provision
of the services provided herein but does not establish a separate legal entity to
do so. The Parties enter into this Agreement as separate, independent
governmental entities and shall maintain such status throughout the term of
this Agreement.
4.2. For and in consideration of the promises of the Parties set forth herein, each
Party agrees, subject to the limitations herein set forth, to aid and assist the
other Parties by causing and permitting its law enforcement personnel and its
equipment to be used in conducting overt and covert investigations of criminal
activity in the jurisdiction of any of the others Parties in including but not
limited to the trafficking of illegal drugs or alcohol, money laundering, fencing
stolen property, gambling, prostitution, and other vice offenses, or other
exceptional instances when covert investigation procedures are needed in the
jurisdiction served by one Party which are in the common interest of the law
enforcement agency of each Party.
4.3. Each Party shall maintain that level of personnel and equipment necessary to meet
its obligations under this Agreement.
4.4. Response by any Party beyond the jurisdiction of the responding Party is hereby
deemed to be approved by the Parties and such response shall require no further
approval or request for mutual aid by the responsible officials of any Party, unless
this Agreement is later modified through written amendment or unless otherwise
required by law.
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
4.5. Governing Board. A governing board shall be created to establish policy, approve
procedures, and oversee operational and administrative matters of concern to the
Task Force, referred to as the "Governing Board." The Governing Board shall
include the CEO or designee of each Party. The Governing Board shall also make
determinations with respect to distribution of Task Force funds to the Parties. The
Governing Board shall elect a chairperson based on a vote of the majority. The
Governing Board shall meet not less than quarterly.
4.6. Policies and Procedures. Each Party shall implement the provisions of this
Agreement by establishing policies and procedures concerning equipment,
training, and personnel standards for personnel who will be assigned to the Task
Force ("Officer" or "Officers") subject to the following limitations:
4.6.1. To be eligible for assignment to the Task Force, Officers must pass and maintain
pertinent and lawful performance standards which have been approved by the
Governing Board. The standards may pertain to firearm qualifications, physical
fitness standards, drug screenings or other performance standards.
4.6.2. Any disciplinary action imposed against an Officer as a result of his or her
involvement or participation in the Task Force shall be the responsibility of the
Officer's respective agency.
4.6.3. An Officer who has passed the performance standards is not eligible for
appointment to the Task Force unless all members of the Governing Board
agree to such assignment. Any Officer assigned to the Task Force shall be
removed from the Task Force at any time, with or without cause, at the request
of the Officer's appointing agency.
4.6.4. The forms utilized by all Officers assigned to the Task Force to record
investigative and administrative activities pursuant to Task Force involvement
shall be those forms currently in use by the Jefferson County Sheriff.
4.6.5. All evidence and property seized by Officers assigned to the Task Force shall
be seized, identified, preserved, booked, and stored pursuant to the policies and
procedures in effect with the Commission on Accreditation for Law
Enforcement Agencies, as may be amended from time to time.
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
4.6.6. Each Officer assigned to the Task Force shall be provided a vehicle and the
personal equipment required for the execution of law enforcement duties by
their respective agencies.
4.6.7. Officers assigned to the Task Force shall be subject to the supervision of the
supervisory and command personnel assigned to the Task Force regardless of
which Party assigned the supervisor or Officer to the Task Force.
4.7. Financial Matters.
4.7.1. Financial Host The Task Force shall be funded by a variety of State and Federal
grant and other shared funding mechanisms. The Jefferson County Sheriff shall
act as the Financial Host for all such external funding. The Financial Host shall
be responsible for receiving, maintaining, reporting, and distributing funds to
Parties in accordance with this Agreement, the direction of the Governing Board,
and the terms of the relevant external funding program. The Governing Board
may, if and when it desires, by unanimous selection designate a different
Financial Host.
4.7.2. Reimbursements. Not more than monthly, the Parties may submit to the
Financial Host invoices for expenses incurred in support of Task Force activities
including, but not limited to, overtime expenses. The invoices must contain
information suitable for the Financial Host to confirm that the expenses are
accurate and appropriate, and for the Financial Host to comply with any external
funding requirements. Parties are responsible for assuring that annual overtime
expenses per person (per month and per year) do not exceed the annual amount
set by the FBI.
4.7.3. Equitable Sharing. The primary source of funding for the Task Force is asset
forfeiture funds that are equitably shared with the Financial Host, by the Federal
Government in accordance with the “Guide to Equitable Sharing of Federally
Forfeited Property for State and Law Enforcement Agencies,” and the policies
and procedures of the local offices of the relevant Federal agencies or
departments (“Forfeiture Funds”).
4.7.3.1. The Financial Host is responsible for applying for, receiving,
maintaining and reporting federal Forfeiture Funds. All Forfeiture
Funds received by the Financial Host shall be maintained in separate
revenue accounts or accounting codes by the Financial Host’s
jurisdiction. These funds will be treated in the same manner as
appropriated funds, including procedures for all procurement and
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
approval processes and inclusion in all single audit requirements by
the Financial Host. The Parties agree that Forfeiture Funds are
property of the Financial Host.
4.7.3.2. Forfeiture Funds awarded to the Financial Host on behalf of the Task
Force shall be spent by direction of the Governing Board. Forfeiture
Funds shall first be expended in support of Task Force operations,
such as paying the normal operating expenses of the Task Force,
including, but not limited to: leases, rental of undercover vehicles,
training of personnel, and investigative costs. The Financial Host
will not expend funds at the direction of, or for the sole use of,
federal agencies.
4.7.3.3. The Financial Host will submit the sharing request for all Forfeiture
Funds and will receive and maintain the shared Forfeiture Funds in
support of the Task Force, except as otherwise provided in section
4.7.5 of this Agreement. The Financial Host must be a party to this
Agreement and an Equitable Sharing Program (“Program”)
participant and compliant with the Program guidelines and reporting
requirements. The Financial Host may submit one Equitable Sharing
Request form (DAG-71) or Treasury TD F 92-22.46 form (TD F)
under its NCIC code on behalf of the Task Force members. The
DAG-71 or TD F form must include the total workhour and
qualitative contributions of all agencies in the investigation.
4.7.3.4. In the event equitably shared funds received in a fiscal year exceed
115% of the authorized budget for the Task Force, each Party may
submit its own sharing request for subsequent funds as long as they
are Program participants and compliant with the Program guidelines
and reporting requirements. The Party must submit an individual
DAG-71 or TD F form under its own NCIC code. Funds subject to
this subparagraph will be distributed based upon the level of
participation by each Party: Each Party will receive one participation
credit for each of its personnel assigned full-time to the Task Force
at the time the sharing request is submitted, including those
individuals assigned as Task Force Officers to a Federal Drug Task
Force, except that the District Attorney shall receive 1.5
participation credits, but no less than 4% of distributed Forfeiture
Funds. The total number of participation credits shall equal 100. The
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
Task Force Commander shall be tasked with maintaining a current
list of Officers and shall submit the appropriate percentages for
distribution based upon current participation to the Program with
each DAG-71 or TD F form.
4.7.3.5. The agency expending Forfeiture Funds must report the expenditure
and maintain ownership and control of any tangible items. Should
the Task Force dissolve or the Financial Host withdraw, all
equipment must be returned to the purchasing agency. Furthermore,
the agency will not expend funds at the direction of or for the sole
use of federal agencies.
4.7.3.6. Each Party must file an Equitable Sharing Agreement and
Certification (ESAC) form to the United States Department of
Justice Asset Forfeiture Program.
4.7.3.7. Task Force forfeiture funds will be audited on a quarterly basis by
accounting personnel employed by Parties to this Agreement but not
employed by the Financial Host. The results of the audit will be
presented to the Governing Board for review. Governing board
members, at their discretion, may elect to conduct an independent
audit of the forfeiture funds.
4.7.3.8. Forfeitures resulting from seizures of money and/or personal and
real property resulting from any individual Party’s operations outside
of the Task Force operations shall not be considered as Forfeiture
Funds for the Task Force and shall be the sole property of the Party
whose operation generated the forfeiture assets.
4.7.4. Nothing herein shall constitute a multiple fiscal year obligation pursuant to
Colorado Constitution Article X, Section 20 and financial obligations of any
Party after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available by such Party’s
governing body
5. The Agreement as modified herein remains in full force and effect and is ratified by
the Parties. In the event of any conflict between the Agreement and this
Amendment, the terms and conditions of this Amendment shall control.
6. This Amendment may be executed in two or more counterparts, each of which shall be
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
deemed an original, but all of which shall constitute one and the same instrument. The
Parties approve the use of electronic signatures for execution of this Amendment. All
documents must be properly notarized, if applicable. All use of electronic signatures shall be
governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121.
7. Each party represents that all procedures necessary to authorize such party’s execution of
this Agreement have been performed and that the person signing for such party has been
authorized to do so.
8. ADDITIONAL PARTIES. Municipalities situated partly or wholly within Jefferson
County who wish to join this Agreement may do so by an amendment to this Agreement
executed by each Party.
9. TERM AND TERMINATION. This Agreement shall take effect upon its execution by
all Parties and continue indefinitely until terminated as provided herein.
9.1. Any Party may terminate its participation in this Agreement with or without cause
upon 30 days prior written notice to each of the other Parties. Any such
termination shall terminate the obligations of the withdrawing Party only.
9.2. The Parties may agree by unanimous vote of the Governing Board to terminate the
Task Force, with written notice provided to each Party. Upon termination of the
Task Force, any Forfeiture Funds remaining after payment of all Task Force
obligations shall become property of the Financial Host.
10. LIABILITY AND IMMUNITY.
10.1. Each Party will be responsible for its own negligent or intentional acts or
omissions and for those of its employees, officers, agents and volunteers.
10.2. The Parties agree that in the event any claim or suit is brought against any Party
by any third party as a result of the operation of this Agreement, the involved
Parties will cooperate with each other, and with the involved Parties' insuring
entities, in defending such claim or suit.
10.3. The Parties shall, at their own expense, keep in full force and effect during the
term of this Agreement, sufficient General Liability Insurance, Comprehensive
Automotive Liability Insurance, and Worker's Compensation Insurance, or
adequate self-insurance funds covering the same.
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
10.4. The Parties intend that nothing herein shall be deemed or construed as a waiver
by any Party of any rights, immunities, limitations, or protections afforded to
them under the Colorado Governmental Immunity Act(§ 24-10-101, C.R.S., et
seq.) as now or hereafter amended or otherwise available at law or equity.
11. ADDITIONAL PROVISIONS.
11.1. None of the Parties waive its rights under the Colorado Governmental Immunity
Act.
11.2. Each Party shall meet its obligations as set forth in C.R.S. § 29-1-205, as
amended, to include information about this Agreement in a filing with the Division
of Local Government; however, failure to do so shall in no way affect the validity
of this Agreement or the remedies available to the Parties hereunder.
11.3. The Parties, for themselves, their agents, employees and representatives, agree
that they will not divulge any confidential or proprietary information they
receive from the other Parties or to which they may otherwise have access,
except as may be required by law.
11.4. This Agreement contains the entire agreement of the Parties relating to the
subject matter hereof and, except as otherwise provided herein, this Agreement
may not be modified or amended except by written agreement of the Parties.
11.5. No elected or employed member of any Party shall be paid or receive, directly
or indirectly, any share or part of this Agreement or any benefit that may arise
therefrom.
11.6. No Party shall knowingly perform any act that would conflict in any manner
with said Party's obligations hereunder. Each Party certifies that it is not
engaged in any current project or business transaction, directly or indirectly, nor
has it any interest, direct or indirect, with any person or business that might
result in a conflict of interest in the performance of its obligations hereunder.
11.7. This Agreement shall inure to the benefit of, and be binding upon, the Parties,
their respective legal representative, successors, heirs, and assigns, provided that
nothing in this paragraph shall be construed to permit the assignment of this
Agreement except as otherwise expressly authorized herein.
11.8. Notwithstanding anything to the contrary, the Parties understand and agree that
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH
THE WEST METRO DRUG TASK FORCE
all terms and conditions of this Agreement that require continued performance
or compliance beyond the termination or expiration of this Agreement shall
survive such termination or expiration and shall be enforceable against a Party
if such Party fails to perform or comply with such term or condition.
11.9. The failure of a Party to enforce any right arising under this Agreement on
one or more occasions will not operate as a waiver of that or any other right
on that or any other occasion.
11.10. It is expressly understood and agreed that enforcement of the terms and
conditions of this Agreement and all right of action relating to such
enforcement shall be strictly reserved to the Parties and nothing contained in
this Agreement shall give or allow any such claim or right of action by any
other third Party. It is the express intention of Parties that any person other
than Parties receiving services or benefits under this Agreement shall be
deemed to be an incidental beneficiary only.
11.11. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and
the same instrument. The Parties approve the use of electronic signatures for
execution of this Agreement. All documents must be properly notarized, if
applicable. All use of electronic signatures shall be governed by the
Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121.
11.12. Each Party represents that all procedures necessary to authorize such Party's
execution of this Agreement have been performed and that the person
signing for such Party has been authorized to do so.
[Signature page
follows.]
TheThe parties hereto have caused this Amendment to be executed.
CITY OF LAKEWOOD:
Kathleen E. Hodgson, City Manager
ATTEST:
Bruce Roome, City Clerk Date
Approved as to form:
Alex Dorotik, Deputy City Attorney
Recommended for Approval:
Daniel J. McCasky, Chief of Police
CITY OF WHEAT RIDGE, STATE OF
COLORADO
By:
Bud Starker, Mayor
Date:
APPROVED AS TO FORM
Recommended for Approval:
Chris Murtha, Chief of Police
CITY OF GOLDEN, STATE OF COLORADO
By:
Laura Weinberg, Mayor
Date:
APPROVED AS TO FORM
Recommended for Approval:
Bill Kilpatrick, Chief of Police
THE DISTRICT ATTORNEY FOR THE
FIRST JUDICIAL DISTRICT OF
COLORADO
By:
Alexis King, District Attorney
Date:
APPROVED AS TO FORM
Kurtis D. Behn
Assistant County Attorney
COUNTY OF JEFFERSON STATE OF
COLORADO
By:
Jeff Shrader, Sheriff
Date:
APPROVED AS TO FORM:
Kurtis D. Behn
Assistant County Attorney
ITEM NO: 1d
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 15-2022 – A RESOLUTION AMENDING
THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $34,058 FOR THE PURPOSE OF APPROVING A GRANT AGREEMENT WITH HISTORY COLORADO’S STATE HISTORICAL FUND
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
______________________________ _____________________________
Director of Parks & Recreation City Manager ISSUE: The Pioneer Sod House has potential structural issues and a contractor specializing in historic buildings is recommending that the Sod House is monitored and assessed for an 18-month
period. The City was awarded funding from History Colorado’s State Historical Fund (SHF)
Competitive Grant program for this monitoring and assessment work. This resolution is to approve the signing of the Acknowledgement of Award Conditions and approve a supplemental budget appropriation in the amount of $34,058. The SHF awarded $25,540 in funding and the City is required to provide a 25% match.
PRIOR ACTION:
In January 2022, Mayor Starker signed the “Applicant Signature Page” as an authorized representative. This signature page was required as part of the application documents.
The Wheat Ridge Parks and Recreation Commission, Wheat Ridge Cultural Commission, Wheat Ridge Historical Society, and individual Historical Society members submitted letters of support
for this project funding proposal and application in May-June 2021.
Council Action Form – State Historical Fund Grant Approval March 28, 2022
Page 2
FINANCIAL IMPACT: The pending funding award is for $25,540 from the State Historical Fund, and the City will have
to contribute matching funds at 25% of the project cost (~$8,518) as part of accepting the
funding. Historic Buildings budget associated with expenses and grant award: 01-625-700-704. These funding amounts result in the total budget appropriation request of $34,058.
BACKGROUND: In April 2021, Parks and Recreation staff identified areas in need of repair at the Pioneer Sod
House. The Sod House is a 19th-centry building that was purchased by the City in 1972 to
preserve it as a community resource. The Sod House is listed on the National Register of Historic Places and the state registry. Due to this listing, preservation and maintenance work must be done by contractors qualified to perform work on historic buildings. The Sod House is located in the Wheat Ridge Historic Park.
History Colorado’s State Historical Fund (SHF) has a range of grant programs to assist with
funding historic property preservation, improvement, acquisition, education and more. The City of Wheat Ridge was awarded planning grant funding for initial work at the Sod House in 2021. This planning phase was completed by a contractor, Form+Works, in 2021. In discussions with History Colorado staff, they recommended that the competitive grant be pursued next for this
phase of work at the Sod House.
Form+Works is an Eastlake-based, qualified firm with an extensive list of historical preservation projects in Colorado. After completing the first planning phase, Form+Works is recommending an 18-month monitoring and assessment phase, which is what the SHF is offering to fund at 75%. The Form+Works proposal and estimate for this second phase is attached.
RECOMMENDATIONS:
The Parks and Recreation Department recommends that City Council approve this resolution to approve and sign the Acknowledgement of Award Conditions document and execute the grant award with History Colorado.
RECOMMENDED MOTION:
“I move to approve Resolution No. 15-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $34,058 for the purpose of approving a grant agreement with History Colorado’s State Historical Fund.”
Or, “I move to postpone indefinitely Resolution No. 15-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $34,058 for the purpose of approving a grant agreement with History Colorado’s State
Historical Fund for the following reason(s) __________________.”
Council Action Form – State Historical Fund Grant Approval March 28, 2022
Page 3
REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator
Karen O’Donnell, Parks and Recreation Director
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2022
2. Exhibit A - History Colorado Acknowledgement of Award Conditions
3. City of Wheat Ridge Bid and Estimate from Form+Works
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15
Series of 2022
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $34,058 FOR THE PURPOSE OF APPROVING A GRANT
AGREEMENT WITH HISTORY COLORADO’S STATE HISTORICAL FUND WHEREAS, the City of Wheat Ridge was awarded a grant from History Colorado’s State Historical Fund in the amount of $25,540 for monitoring and assessment work at the Pioneer Sod House;
and
WHEREAS, the acceptance of the grant in the amount of $25,540 is subject to the condition of execution of the Acknowledgement of Award Conditions; and WHEREAS, the acceptance of the grant in the amount of $25,540 is subject to the condition of
the City contributing matching funds of $8,518 or more to the project; and
WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures, which are 75% reimbursable; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the
City Council adopting a resolution; and WHEREAS, the City of Wheat Ridge wishes to complete the planning project at the Pioneer Sod House at the estimated total cost of $34,058.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado:
Section 1. The City of Wheat Ridge hereby authorizes the Mayor to initial and sign the Acknowledgement of Award Conditions.
Section 2. A supplemental budget appropriation from General fund undesignated reserves in the
amount of $34,058 is hereby approved to be transferred to the Historic Buildings account number
01-625-700-704 and the 2022 revenues are amended to account for the forthcoming $25,540 grant award.
DONE AND RESOLVED this 28th day of March 2022.
Bud Starker, Mayor
ATTEST: Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
EXHIBIT A Acknowledgement of Award Conditions
[ATTACHED]
HISTORY COLORADO | 1200 BROADWAY | DENVER, CO 80203 | 303-447-8679 | HISTORYCOLORADO.ORG
March 1, 2022
Re: Project #2022-M1-033 Monitoring and Survey of Frank White Sod House-Old Soddy House-Pioneer Sod House-Wheat Ridge sod House Museum
Dear Mr. Altenburg:
As the grant recipient, you will enter a State of Colorado grant agreement as a state grantee. As such, there are conditions associated with a State Historical Fund grant.
1.Read all statements below and initial each statement. Check marks are not accepted.1.Obtain the signature of the authorized officer for your organization.2.Write in the date the letter was signed by the appropriate authorized officer.3.Print the name and title of the appropriate authorized officer.
4.If the property owner is different, they must initial the last condition.
My organization is ready to Go Under Award with the State Historical Fund, and I confirm the following:
______ All cash match is now readily available and in-hand in a bank account. (See Program Guidebook pg 6)
______ I understand & accept my organization will enter into a grant agreement with the State of Colorado. My organization will be responsible for meeting the terms of the grant agreement,
and will not “pass through” fiscal or project responsibility to another organization.
______ I understand & accept that State grant agreements contain non-negotiable terms. I have reviewed the enclosed grant template prior to going under award, and my organization agrees with those terms.
______ I understand & accept that my organization will work in partnership with the State Historical Fund to meet the Secretary of the Interior’s Standards for the Treatment of Historic Properties. I will comply with review expectations, and will refrain from carrying out work until I have the approval of my State Historical Fund Resource Specialist to proceed. For archaeology and survey projects, I will adhere to the current Colorado Cultural Resource Manual. (See Program Guidebook pgs 5 and 24)
______ I understand & accept that my organization is solely responsible for determining if my cash match sources are eligible for use with State Historical Fund grant programs.
______ I understand & accept State funds will only pay for work taking place within the State grant agreement period.
______ I understand & accept all project expenses must be associated with one of the task items in the Grant Agreement Exhibit B: Budget and reported as such. I am not allowed to collapse task items expenses under one category. (See Program Guidebook 35 and 37)
______ I understand & accept project cost savings will be shared with State Historical Fund based on the percentage shown in Exhibit B: Budget. (See Program Guidebook pg 35)
ATTACHMENT 2
HISTORY COLORADO | 1200 BROADWAY | DENVER, CO 80203 | 303-447-8679 | HISTORYCOLORADO.ORG
______ I understand & accept I am required to provide documentation of grant administration and indirect expenditures with time sheets and rates, and clear calculations. (See Program Guidebook pg 37) We use the following method to verify we do not/will not employ or contract any unauthorized immigrants. (See Program Guidebook pg 45): CHECK ONE National E-Verify
Colorado Department Program (Notice of Participation form must be completed)
Another method of verification (such as I-9 Forms)
______ I understand & accept the property protection, if applicable, contained in Exhibit E: Property Protection (enclosed) and have signed (and notarized, if applicable) Exhibit E. (See Program Guidebook pg 7 and 34) ______ I understand & accept that my organization must adhere to all program policies, state regulations, provisions, and laws. ______ I understand & accept my organization cannot use funds in a manner that may result in an actual or perceived conflict of interest. (See Program Guidebook pg 43) ______ Property Owner permission (if the owner is different than the grant recipient organization)
I, the property owner, agree to the above requirements and give the grant recipient organization permission to conduct the approved Scope of Work on my property. Please be advised that the State Historical Fund processes grant agreements in the order that the required information is received. Again, if you have any questions or need any additional information, please do not hesitate to contact our office. City of Wheat Ridge City of Wheat Ridge Grant Recipient Organization Legal Owner (if different) ______________________________________ ______________________________________ Signature of Authorized Officer Date Signature of Legal Owner Date ______________________________________ ______________________________________ Print Name of Authorized Officer Print Name of Authorized Officer Acknowledgement of Award Conditions Letter v12-2021
PO Box 476 |Eastlake, Colorado 80614 P 414.477.5348 | www.formworksdesigngroup.com
January 7, 2022
City of Wheat Ridge
Parks & Recreation
9110 W 44th Avenue
Wheat Ridge, CO 80033
Re: Sod House
Monitoring – Architectural & Engineering Consulting Fee Proposal
Dear Brandon Altenburg:
Form+Works Design Group is pleased to present this proposal for architectural and engineering
services, including monitoring building movement and conditions at the Sod House (‘Soddy’)
located in Wheat Ridge, Colorado. We are proposing the following work in order to establish if
the building is moving and, if so, where and to what extent. This monitoring work will prepare
the team for future phases of rehabilitation work at the building.
1.Field Documentation
a.Survey building to establish data points at key locations.
b.Complete periodic LiDAR scans of the building every 4-6 months. (3) scans
anticipated as part of the project.
c.Install crack monitors and read monthly.
d.Photograph building monthly for movement. Record cracks or areas of damage
which form in the exterior and interior finishes.
e.Document building using IR camera after rain/snow events to look for areas of
moisture infiltration.
2.Materials Testing
a.Complete analysis of plaster and stucco to establish composition and provide
recommendations for rehabilitation materials.
b.Complete paint color analysis to establish appropriate colors for future
rehabilitation work.
3. Deliverables
a.Produce monthly report including crack monitor readings and photographs of
existing conditions.
b.Produce (3) LiDAR scans, translated to REVIT models with written analysis
highlighting areas of difference between scans.
c.Update schematic design documents to reflect rehabilitation scope necessary
based on the results of the monitoring and testing.
ATTACHMENT 3
Sod House January 7, 2022
Architectural & Engineering Fee Page 2 of 4
4. Cost Estimate
a. Preservation Contractor to update cost estimate based on Scope of Work
necessary for building rehabilitation based on the results of monitoring and
testing.
The following deliverables are anticipated to be part of the History Colorado contract. Fees for
preparation of these documents and attendance at these meetings are included in the fees
listed below.
1. Initial Consultation / Project Kick-off Meeting (either in person or via conference call)
2. Interim Meeting (either in person or via conference call)
3. Existing Conditions Photos
4. Monthly Reports
5. LiDAR scans with analysis
6. Updated Schematic Design Documents
7. Cost Estimate
PROPOSAL: We propose to provide architectural and engineering consulting services
necessary to complete the above outlined scope and associated deliverables for the fixed sum
of $28,258.00 including direct expenses. This fee includes the services of an architect,
structural engineer, materials analyst, LiDAR scanning specialist, and contractor. This
proposed fee and our understanding of the scope of services is based on using a standard AIA
agreement or mutually agreed upon similar contract.
To aid you in understanding our proposed fee in more detail, we have included the following
breakdown of the design services.
Architectural Services $5,600.00
Coordination with consultants, analysis of materials testing and LiDAR scans,
preparation of deliverables, updates to schematic design recommendations and
preservation plan as necessary based on results
Structural Engineering Services $3,925
Install crack gauges, measure baseline conditions, site visits and condition
recording, update schematic design recommendations and preservation plan as
necessary based on results
Materials Testing $3,433.00
Collection and analysis of (2) interior plaster samples and (2) exterior stucco
samples, collection and analysis of (12) paint samples
LiDAR scans $14,100.00
Complete (3) interior and exterior LiDAR scans; translate point cloud into REVIT
model for each scan to provide comparison of conditions
Sod House January 7, 2022
Architectural & Engineering Fee Page 3 of 4
Contractor Assistance & Cost Estimate Update $1,200.00
Provide access assistance as needed to install crack monitors, discuss
rehabilitation scope with design team and update cost estimate for subsequent
work based on results of monitoring
TOTAL $28,258.00
Electronic copies of PDFs of all deliverables will be provided at no additional cost. Hard copies
will be provided for the cost of reproduction as a reimbursable expense.
It is recommended that the Owner carry a contingency of at least 10% of the above cost to
cover any unforeseen costs associated with testing and monitoring.
Exclusions: The services of mechanical, electrical, and plumbing engineers, civil engineers,
geotechnical engineers, a site survey, hazardous materials testing and abatement, and any
services outside the scope identified above to be completed by the Architect and Structural
Engineer are excluded from the project scope. It any of these services are desired, a request
for fees for Additional Services will be provided and approval required prior to commencement
of work.
Schedule: If the grant application is filed with the State Historical Fund in February 2022 and
the grant is awarded in March 2022, I believe the earliest the project would be able to proceed,
due to contracting with the State, is late April 2022. We anticipate the following project
schedule:
February 2022 Submit Mini Grant Application
March 2022 Mini Grant Awards Announced
April 2022 SHF Contract Complete
Initial Consultation / Project Kick-off Meeting On Site
Complete (1) LiDAR Scan and provide baseline information
Complete Initial site visit for field documentation
Collect samples for materials testing
September 2022 Complete (1) LiDAR Scan and provide analysis report
March 2023 Complete (1) LiDAR Scan and provide analysis report
2022-2023 Complete Monthly Site Visits with summary reports
April 2023 Complete updated Schematic Design Documents
Complete updated Cost Estimate
We anticipate a potential 2023 SHF grant application to assist with funding for rehabilitation
work and will coordinate with you to ensure this monitoring and analysis project is coordinated
with that deadline to position you for a competitive grant application if desired. Upon notice to
Sod House January 7, 2022
Architectural & Engineering Fee Page 4 of 4
proceed we will confirm the above schedule with you or develop a new scheduled based on the
date of notice to proceed.
We are available to assist the grant writer with any necessary attachments and narrative
sections with which assistance may be needed for the planning grant submittal at no additional
charge.
If you have any questions concerning this proposal or if you would like any additional
information, I am happy to discuss the proposal in greater detail. We look forward to continuing
to work with you on this important historic resource!
Sincerely,
form+works design group, LLC
Jessica Reske, AIA, LEED AP
Principal
ITEM NO: 2
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 09-2022 – A RESOLUTION APPROVING THE ASSIGNMENT TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD,
COLORADO, D/B/A METRO WEST HOUSING
SOLUTIONS, OF $1,789,050 OF THE CITY OF WHEAT
RIDGE, COLORADO’S 2022 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager ISSUE: The City of Wheat Ridge has received an allocation of $1,789,050 for the purpose of issuing
Private Activity Bonds (PABs) in 2022 under the state ceiling imposed by the Tax Reform Act of
1987. Staff recommends assigning the City’s allocation to Metro West Housing Solutions which has agreed to issue PABs for the renovation of the Caesar Square Apartments owned and operated by the Jefferson County Housing Authority.
Council Action Form - Assignment of Private Activity Bonds March 28, 2022
Page 2
PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the
Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family
mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for
distribution to applicants by the Department of Local Affairs.
City Council assigned the City’s 2019 and 2020 PAB allocations to FRH for the Caesar Square Apartments project and its 2021 PAB allocation for the Allison Village affordable housing project in Arvada.
FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs.
BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing,
higher education, infrastructure, and environmental projects. The bonding authority which allows
the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, based on population.
Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation
of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation
of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its
annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local
issuing authority consists of “any city, town, county, or city and county which has a population
in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance.
Council Action Form - Assignment of Private Activity Bonds March 28, 2022
Page 3
RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Metro West Housing Solutions for the
renovation of the Caesar Square Apartments in Wheat Ridge.
RECOMMENDED MOTION: “I move to approve Resolution No. 09-2022, a resolution approving the assignment to the Housing Authority of the City of Lakewood, Colorado, D/B/A Metro West Housing Solutions, of
$1,789,050 of the City of Wheat Ridge, Colorado’s 2022 Private Activity Bond Volume Cap
Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith.” Or,
“I move to return the unused portion of the PAB allocation to the Statewide Balance for the following reason(s) ___________________________________.” REPORT PREPARED BY:
Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 09-2022 2. Assignment of Allocation
3. Memo from Foothills Regional Housing
4838-6624-3233.2
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09
Series of 2022
TITLE: A RESOLUTION APPROVING THE ASSIGNMENT TO THE HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS, OF $1,789,050 OF THE CITY OF WHEAT RIDGE,
COLORADO’S 2022 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on
January 1, 2022, $1,789,050 (the “2022 Allocation”) of the bond ceiling for the State of Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and
WHEREAS, the Allocation Act provides for the assignment of bond allocations between
“issuing authorities” (as defined in the Allocation Act) of the State; and
WHEREAS, the Housing Authority of the City of Lakewood, Colorado d/b/a Metro West Housing Solutions (the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to the Housing Authorities Law, Part 2 of Article 4
of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public
Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and
WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2022 Allocation, which the City and the Assignee will commit and reserve for the issuance of such
private activity bonds; and
WHEREAS, the City and the Assignee intend that the 2022 Allocation be utilized for a multifamily project located at 9235-9355 W. 48th Avenue, Wheat Ridge, Colorado known as the Caesar Square Apartments (or such other name as designated by the Jefferson County Housing Authority or CSA LIHTC, LLC, who will be the borrower for the private activity bond
transaction) (the “Project”); and
WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment, dated as of March 28, 2022 (the “Assignment”), by and between the City and the Assignee; and
WHEREAS, the Assignee proposes to issue its housing revenue bonds pursuant to the
Act and the Supplemental Act, to finance “projects” under the Act (the “Project”).
ATTACHMENT 1
2
4838-6624-3233.2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT:
Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to
the Assignee an amount equal to the 2022 Allocation and (ii) approves, and authorizes and directs the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form
presented to the City Council, with such changes, not inconsistent herewith, as are approved by
the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public.
Section 2. The Mayor or the City Manager of the City or any other member of the
City Council and all appropriate City officers are hereby authorized and directed to execute and
deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution.
Section 3. All actions not inconsistent with the provisions of this Resolution
heretofore taken by the City Council and the officers of the City directed toward the assignment
of the 2022 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed.
Section 4. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of
the City within the meaning of the Constitution or statutes of the State or the home rule charter of
any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers.
Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Resolution.
Section 6. This Resolution shall be in full force and effect upon its passage and approval.
3
4838-6624-3233.2
INTRODUCED, READ, PASSED AND ADOPTED this 28th day of March 2022.
CITY OF WHEAT RIDGE, COLORADO
Bud Starker, Mayor
[SEAL]
ATTEST:
Steve Kirkpatrick, City Clerk
4892-1767-9371.2
ATTACHMENT 2
ASSIGNMENT
THIS ASSIGNMENT (this “Assignment”), dated as of the ___ day of ________, 2022,
is by and between the CITY OF WHEAT RIDGE, COLORADO (the “Assignor”), a body
corporate and politic and a political subdivision of the State of Colorado (the “State”), and the HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS (the “Assignee”), a body corporate and politic of the State;
W I T N E S S E T H :
WHEREAS, the Assignor has been awarded $1,789,050 (the “2022 Allocation”) of private
activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation
Act”), for use in the issuance of private activity bonds; and
WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $1,789,050 of the Assignor’s 2022 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and
WHEREAS, the private activity bonds will be issued by the Assignee pursuant to the
Housing Authorities Law, Part 2 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for “projects” as described under the Act; and
WHEREAS, the Assignor and the Assignee intend that the 2022 Allocation be utilized to
issue housing revenue bonds for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, for a multifamily project located at 9235-9355 W. 48th Avenue, Wheat Ridge, Colorado known as the Caesar Square Apartments (or such other name as designated by the Jefferson County Housing Authority or CSA
LIHTC, LLC, who will be the borrower for the private activity bond transaction) (the “Project”);
and
WHEREAS, the Assignee intends to issue private activity bonds to finance the Project.
NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2022 Allocation. The Assignee agrees to use all of the Assignor’s 2022 Allocation only for “projects” as described in the Act. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all of the Assignor’s 2022 Allocation
as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2022
2
4892-1767-9371.2
Allocation to the statewide balance under the Allocation Act, or to assign the 2022 Allocation or a portion thereof to another Assignee.
Section 2. The Assignor represents that it has received no monetary consideration for the
assignment set forth above.
Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2022 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein.
Section 4. This Assignment shall not constitute the debt or indebtedness or financial
obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor.
Section 5. The Assignor and Assignee each agree that it will take such further action and
adopt such further proceedings as may be required to implement the terms of this Agreement,
including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2022 Allocation.
Section 6. This Assignment is effective upon execution and is irrevocable.
[Remainder of page intentionally left blank]
4892-1767-9371.2
IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above.
CITY OF WHEAT RIDGE, COLORADO, as
Assignor
Bud Starker, Mayor
[SEAL]
ATTEST:
Steve Kirkpatrick, City Clerk
2
4892-1767-9371.2
HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A
METRO WEST HOUSING SOLUTIONS, as Assignee By: ________________________________
Executive Director
[Signature Page to Wheat Ridge Assignment]
11941 West 48th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax:
303.422.3229
Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.foothillsrh.org
March 18, 2022
Patrick Goff, City Manager
City of Wheat Ridge
7500 W 29th Ave
Wheat Ridge, CO 80033
RE: Request for 2022 Private Activity Bond Cap to Support Affordable Housing/Caesar Square
Dear Mr. Goff,
The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority
serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including
affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new
development and redevelopment in both incorporated and unincorporated areas of Jefferson County.
Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic
initiatives, and to provide families and individuals with housing options driven by compassion and
respect throughout Jefferson County. FRH’s portfolio includes 21 rental properties with 1200+ units.
Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge.
Caesar Square Apartments is a 108-unit multifamily rental community located at 9235-9355 W 48th Ave
in Wheat Ridge, Colorado. Caesar Square includes 5 buildings, built from 1970 to 1973, on
approximately 5 acres. FRH previously identified Caesar Square as one of the properties in our
portfolio with a significant need for reinvestment. FRH secured an award of 4% Low-Income Housing
Tax Credits and Private Activity Bonds to finance approximately $11 million in renovations to the
property. Since rehabilitation began, additional property improvement needs have come to light, and
prices of supplies have increased. The current improvement budget is now $12 million and additional
Private Activity Bonds are needed to successfully complete the project and leverage the maximum
amount of investor equity available.
The city’s support of this project has directly benefited the local economy by generating millions in
construction and professional services business activity, including many job creation opportunities. This
investment allows FRH to secure affordability and improve the housing supply in Wheat Ridge. By doing
so, we preserve long-term, high quality affordable assets that serve as a welcoming place to call home
for lower-income Wheat Ridge residents for decades to come.
To meet the federal requirements of the 4% LIHTC that will finance this investments, FRH requests that
the City of Wheat Ridge assign the entirety ($1,789,050) of its 2022 Private Activity Bond (PAB) cap to
Metro West Housing Solutions (MWHS) who is the Bond Issuer for the Caesar Square project. FRH has
ATTACHMENT 3
also requested and received assignments of 2020 and 2021 PAB cap from Golden and Jefferson County in
an effort to continue supporting other affordable housing needs of our jurisdiction. Additionally, FRH
routinely contributes over a million dollars towards its redevelopments by deferring developer fees and
land carryback loans as construction capital sources, as is the case with Caesar Square.
MWHS is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue
housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects”
within the statutory definition and FRH agrees to pay all legal costs and meet all requirements of state
and federal statutes related to this assignment and any subsequent carryforward. MWHS agrees to
handle the issuance, assignment, and carryforward of any excess bond cap not utilized in a timely
manner to finance this project by assigning it other qualifying projects with a sequential preference for
affordable FRH portfolio projects (several rehab or infill projects are currently under consideration within
FRH’s affordable portfolio), City of Wheat Ridge affordable projects, Jefferson County affordable
projects, and finally Colorado affordable projects.
We look forward to the opportunity to present this request to Wheat Ridge City Council.
Sincerely,
Amy Case
Chief Financial Officer
ITEM NO: 3
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2022 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 7585 W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-20-06)
PUBLIC HEARING ORDINANCES FOR 1ST READING (3/28/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (4/25/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Restricted-Commercial (R-C) to Planned Residential Development (PRD) with approval of an Outline Development Plan (ODP)
for the development of fourteen single-family attached homes at 7585 W. 32nd Avenue. The zone change is compatible with surrounding land uses, provides for housing options, and encourages improvement of the underutilized property.
PRIOR ACTION:
Planning Commission reviewed this request at a public hearing held on March 17, 2022 and recommended approval by a vote of 5 to 2. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the April 25, 2022 public hearing.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the
amount of $1,116.13 were collected for the review and processing of Case No. WZ-20-06. If the rezoning is approved, fees will be collected for review and processing of the future Specific Development Plan (SDP) and 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 7585 W. 32nd Avenue March 28, 2022
Page 2
BACKGROUND: The property is located on the north side of W. 32nd Avenue, one lot east of Wadsworth
Boulevard. W. 32nd Avenue is a minor arterial that runs east-west through the city; while
Wadsworth Boulevard is a major arterial that runs north-south. At last count (in 2018) there were about 6,700 trips per day on 32nd Avenue in the location of the subject property. The lot area measures approximately 31,736 square feet (0.73 acres) in size and is unplatted. In
2005, a building permit application was submitted to develop the southern half of this parcel as a
parking lot to be used for the neighboring property at 3280 Wadsworth Blvd. Prior to the parking lot development, the parcel was undeveloped with just a utility shed on site. The parking lot is currently unused and no longer has any association with 3280 Wadsworth Blvd. This property falls in the Contemporary Overlay District of the Architectural and Site Design Manual (ASDM).
The property is zoned Restricted Commercial (R-C) and has been zoned this way since the City’s incorporation. Properties to the north, east, and south contain low density residential uses and are zoned Residential-One (R-1), Residential-Two (R-2), and Residential-One A (R-1A). Properties to the west are zoned Planned Commercial Development (PCD), R-C, Neighborhood
Commercial (N-C), and Residential-Three (R-3) and contain retail, office, and multifamily uses.
Crown Hill Cemetery is located further to the southwest.
Current Zoning The current zone district, R-C, was established to accommodate various types of office uses
performing administrative, professional and personal services, and to provide for a limited range
of retail uses which are neighborhood oriented. Since the site has never been developed, it is assumed that current zoning does not align with market realities.
Proposed Zoning The applicant is requesting the property be rezoned to PRD, a zone district created to further
promote the public health, safety and general welfare by permitting greater flexibility and
innovation in land development based upon a comprehensive, integrated plan. Planned Residential Development (PRD) was determined to be the most suitable zoning option based on the proposed development scenario and the context of the area. The customized zoning includes larger rear setbacks, reduced building heights (compared to current zoning), bulk plane, higher
quality of architecture, and open space standards to help reduce impacts of the development and
promote compatibility. 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.
Council Action Form – Proposed Rezoning at 7585 W. 32nd Avenue March 28, 2022
Page 3
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.
RECOMMENDED MOTION: “I move to approve Council Bill No. 02-2022, an ordinance approving the rezoning of property located at 7585 W. 32nd Avenue from Restricted-Commercial (R-C) to Planned Residential Development (PRD) on first reading, order it published, public hearing set for Monday, April 25,
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. 02-2022
ATTACHMENT 1
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 02 ORDINANCE NO. ____ Series of 2022
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7585 W. 32ND AVENUE FROM RESTRICTED-COMMERCIAL (R-C) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-20-06)
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, Hartwood LLC has submitted a land use application for approval of a zone change to the Planned Residential Development (PRD) zone district for property
located at 7585 W. 32nd Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for neighborhood-supporting uses and housing options; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on March 17, 2022 and voted to recommend approval of rezoning the property to Planned Commercial District (PCD).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Hartwood LLC for approval of a zone change ordinance from Restricted-Commercial (R-C) to Planned Residential
Development (PRD) for property located at 7585 W. 32nd 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:
THE EAST 155 FEET OF THE WEST 360 FEET OF THE NORTH 204.79 FEET
OF THE SOUTH 234.79 FEET OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT ANY PART THEREOF IN ROAD OR ROADWAY, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on
this 28th day of March, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, April 25, 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: March 31, 2022 2nd publication: Jeffco Transcript:
Effective Date:
ITEM NO: 4
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2022 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 4877 ROBB ST. FROM AGRICULTURAL-ONE (A-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) (CASE NO. WZ-21-09)
PUBLIC HEARING ORDINANCES FOR 1ST READING (3/28/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (4/25/2022) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________
Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Commercial Development (PCD) with approval of an Outline Development Plan (ODP) for the
development of a tree service business at 4877 Robb Street. The zone change is compatible with the area and allows for an appropriate transition from surrounding land uses while encouraging investment in a long-vacant lot.
PRIOR ACTION:
Planning Commission reviewed this request at a public hearing held on March 17, 2022 and recommended approval by a vote of 7 to 0. The staff report and a copy of the Planning Commission minutes will be available with the ordinance for the April 25, 2022 public hearing.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the
amount of $1,455.75 were collected for the review and processing of Case No. WZ-21-09. If the rezoning is approved, fees will be collected for review and processing of the future Specific Development Plan (SDP) and 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 4877 Robb Street March 28, 2022
Page 2
BACKGROUND: The property is located on the west side of Robb Street between I-70 Frontage Road N and
approximately W. 50th Avenue at 4877 Robb Street. I-70 is located nearby to the south, while the
City’s boundary with the City of Arvada is located just to the north at approximately W. 50th Avenue. The property consists of two parcels. The site is unplatted and totals 150,108 square feet
(3.446 acres) in area. It is presently vacant unimproved land. Both the Wadsworth and Swadley Ditches run overland through this site, with a significant grade change in the northwest corner of
the site north of the Swadley Ditch (approximately 30 feet of grade change).
This property is zoned Agricultural-One (A-1), as are the properties to the north. To the south, is the Wheat Ridge Industrial Park which is zoned Planned Industrial Development (PID). To the east, properties are zoned PID, Planned Commercial Development (PCD), A-1, Commercial-
Two (C-2), and Commercial-One (C-1). To the west, properties are zoned PCD and Industrial-
Employment (I-E). Most of the surrounding uses are commercial and light industrial, although the three A-1 parcels to the north include single-family homes. Current Zoning
The current zone district, A-1, was established to provide high quality, safe, quiet, and stable
residential estate living environment within a quasi-rural or agricultural setting. In addition to large lot, single-family residential and related uses, agricultural uses and activities exist and are encouraged to continue. A zone change is required to accommodate the applicant’s desire for a tree service business. The property has been zoned A-1 since the City’s incorporation when most
of Robb Street was zoned A-1 in this area. The surrounding commercial and industrial zone
districts have been established over the course of several decades with private zone change applications spanning from the 1970s to present.
Proposed Zoning The applicant is requesting the property be rezoned to PCD, a zone district created to further
promote the public health, safety and general welfare by permitting greater flexibility and
innovation in land development based upon a comprehensive, integrated plan. Staff advised that a planned development was most fitting to accommodate the applicant’s tree service business because of the ability to customize the permitted uses and also the ability to modify intensity of development within the site in order to preserve natural features.
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 Action Form – Proposed Rezoning at 4877 Robb Street March 28, 2022
Page 3
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. RECOMMENDED MOTION: “I move to approve Council Bill No. 03-2022, an ordinance approving the rezoning of property
located at 4877 Robb Street from Agricultural-One (A-1) to Planned Commercial Development
(PCD) on first reading, order it published, public hearing set for Monday, April 25, 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. 03-2022
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 03
ORDINANCE NO. ____ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4877 ROBB STREET FROM AGRICULTURAL-
ONE (A-1) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) (CASE NO. WZ-21-09) 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, Rocky Mountain Hardwood Processing LLC has submitted a land use application for approval of a zone change to the Planned Commercial Development (PCD) zone district for property located at 4877 Robb Street; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge—which calls for mixed use employment to support the local economy and ensure sustainable design; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 17, 2022 and voted to recommend approval of rezoning the property to Planned Commercial District (PCD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Rocky Mountain Hardwood for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Commercial Development (PCD) for property located at 4877 Robb Street, 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: Parcels of land located within the Southwest quarter of the Southwest quarter, Section 16, Township 3 South, Range 69 West of the 6th P.M., recorded in Book
2242 at Page 717, County of Jefferson, State of Colorado, being more particularly described as follows with recorded information denoted by parenthesis ( ): Commencing at the Southwest corner of said Section 16, being a found in place
3 ½” diameter brass cap L.S. 13212 in range box, from whence the South 1/16 corner of said Section being a found in place 3” diameter aluminum cap L.S. 10843 in aluminum pipe bears N 00°19’16” W (N 00°21’ W), 1320.95 (1320.79) feet, with all bearings contained herein related thereto; thence along the West
line of said Section N 00°19’16” W (N 00°21’ W), 529.50 feet to a found in place No. 3 rebar and the True Point of Beginning;
Thence N 00°19’16” W (N 00°21’W), 234.95 (234.90) feet; thence N 89°40’44” E
(N 89°39’ E), 638.90 (639.00) feet to a point along the West right-of-way of Robb Street; thence along the said right-of-way S 00°17’53” E (S 00°19’36” E), 234.95 (234.90) feet to the Northeast corner of Wheat Ridge Industrial Park; thence along the common line with Wheat Ridge Industrial Park, S 89°40’44” W (S
89°39’ W), 638.81 (638.95) feet to the Point of Beginning.
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 28th day of March, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, April 25, 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: March 31, 2022 2nd publication: Jeffco Transcript: Effective Date:
ITEM NO: 5
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 16-2022 – A RESOLUTION APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN PORCHLIGHT, A FAMILY JUSTICE CENTER, AND THE CITY OF WHEAT RIDGE CONCERNING THE PROVISION OF ON-SITE POLICE DEPARTMENT SERVICES AT THE CENTER
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_____________________________ Chris Murtha, Chief of Police City Manager ISSUE: PorchLight, a Family Justice Center, began operations on February 25, 2021 and has been open serving victims and survivors of domestic violence since that time. In April of 2021 Wheat
Ridge executed a memorandum of understanding (MOU) with PorchLight to allow the Wheat Ridge Police Department (WRPD) to be a service provider through PorchLight despite not having dedicated space on site. WRPD now has dedicated on-site space at PorchLight for use when needed, and as such a new MOU is requested by PorchLight because of this change.
PRIOR ACTION:
The police department has provided updates to City Council regarding the progress of the Family Justice Center since the idea began in earnest in 2017. Members of the WRPD have been, and continue to be, involved with PorchLight. In 2019 Council authorized a one-time payment in the amount of $18,000 to assist with start-up costs associated with PorchLight. An MOU was entered in April of 2021 recognizing WRPD as an off-site service provider at PorchLight.
Council Action Form – Memorandum of Understanding with Porchlight March 28, 2022 Page 2
FINANCIAL IMPACT: This memorandum of understanding does not create any financial obligations between
PorchLight and the City of Wheat Ridge.
BACKGROUND: More than 75 partner agencies have been working together to provide coordinated services for victims of violence. Violence can include physical abuse, emotional abuse, harassment, threats, strangulation, murder, elder, and at-risk adult abuse, human trafficking, property damage, and
child abuse. The advantage of a Family Justice Center is for victims of crime to have one-stop
access to essential services. The City of Wheat Ridge is an important and participating partner in Porchlight. Porchlight opened its doors to victims and survivors on February 25, 2021. This memorandum of
understanding recognizes WRPD as an on-site service provider, with dedicated space to utilize
when needed. Other provisions of the memorandum of understanding work in concert with one another to not only have providers work together in a manner that serves the guests visiting PorchLight for services, but also to utilize PorchLight in a manner respectful of individuals and equipment present.
RECOMMENDATIONS: Staff recommends that City Council approve the memorandum of understanding. RECOMMENDED MOTION:
“I move to approve Resolution No. 16-2022, a resolution approving a memorandum of
understanding between Porchlight, A Family Justice Center, and the City of Wheat Ridge concerning the provision of on-site police department services at the Center.” Or,
“I move to postpone indefinitely Resolution No. 16-2022, a resolution approving a memorandum of understanding between Porchlight, A Family Justice Center, and the City of Wheat Ridge concerning the provision of on-site police department services at the Center for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 16-2022 2. Memorandum of Understanding
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 16 Series of 2022 TITLE: A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PORCHLIGHT, A FAMILY JUSTICE
CENTER, AND THE CITY OF WHEAT RIDGE CONCERNING THE PROVISION OF ON-SITE POLICE DEPARTMENT SERVICES AT THE CENTER WHEREAS, the City of Wheat Ridge, Colorado (the “City”), acting through its City
Council (“Council”), is a home rule municipality with statutory and constitutional authority to provide law enforcement services; and
WHEREAS, Porchlight, A Family Justice Center, is a Colorado Nonprofit Corporation, operating a Family Justice Center (“Center”) devoted to providing services to people impacted by domestic violence, sexual assault, elder abuse, child abuse, at-risk individual abuse, and
human trafficking by facilitating access to a variety of services and staff of community organizations and government agencies in a single, safe location; and
WHEREAS, one of the services coordinated and facilitated by the Center is access to law enforcement services; and
WHEREAS, the Center has requested the voluntary participation of the Wheat Ridge
Police Department (WRPD) in responding to requests for services from guests of the Center through, among other things, providing dedicated workspace on-site; and
WHEREAS, the City Council finds that the Center’s mission of facilitating and coordinating the provision of services to people impacted by person-on-person crimes serves the public safety and welfare of the members of the public in Wheat Ridge and the larger
community as a whole; and
WHEREAS, the City Council therefore wishes to approve a memorandum of understanding concerning the provision of WRPD services to guests of the Center.
NOW, THEREFORE, BE IT RESOLVED by the City of Wheat Ridge City Council, that:
The attached Memorandum of Understanding between Porchlight, A Family Justice
Center, and the City of Wheat Ridge concerning the provision of WRPD services at the Family Justice Center is hereby approved. The Mayor and Clerk are authorized to execute the same.
DONE AND RESOLVED this 28th day of March 2022.
Bud Starker, Mayor
ATTEST: Stephen Kirkpatrick, City Clerk
ATTACHMENT 1
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PORCHLIGHT
A FAMILY JUSTICE
CENTER
On-Site Memorandum of
Understanding
This Memorandum of Understanding (MOU) dated for reference purposes March 28,
2022, is by and among The City of Wheat Ridge, Colorado, a Colorado home rule municipality
(the “Participant”), and PorchLight, A Family Justice Center (“PorchLight” and together with
Participant, the “Parties”). The Parties, and other partner agencies and organizations entering
into MOUs with PorchLight (the “Partners”), intend to work cooperatively and collaboratively
at the Family Justice Center (the “Center”) to improve the lives of those who are impacted by
domestic violence, sexual assault, stalking, elder abuse, child abuse, at-risk individual abuse,
and human trafficking by facilitating better access to services and staff of community
organizations and government agencies in a single, safe location.
To facilitate the operation of the Center, the Parties are entering into this MOU to
establish the expectations and commitments of the Parties. The Parties intend to offer
needed resources and services, increase collaboration among the Partners, and enhance
safety, efficiency and justice for Guests of the Center (“Guests”). The Parties recognize that
while there are differences in each Partner's mission, role and legal mandates, there is value
and increased impact by working cooperatively and collaboratively with a community of
service providers at the Center.
This MOU sets forth the general understanding between the Parties regarding the
operation of the Center and the ways in which Participant will provide services to, and
participate in, the Center, recognizing that the individual MOUs with other Partners will vary,
consistent with the goals and objectives for the Center.
I. CENTER SERVICES:
PorchLight intends that, once the Center is formed and operational, the Center will
provide the Participant with the following amenities and services, to the extent the same
are available:
a) Work space and office technology infrastructure;
b) Use of common areas and facilities in the building, which may include waiting
areas, interview rooms, conference rooms, kitchen area, break room and
reception area, as established at the Center;
c) Use of the child care center for Guests’ children, while the Guest is receiving services
at the Center, if established at the Center;
ATTACHMENT 2
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d) Basic janitorial services, internal and external maintenance of the facility
and grounds;
e) Access to a photocopy/scanner/fax machine for necessary and reasonable use
related to delivery of Guest services at the Center;
f) Parking areas as available on the building premises;
g) An Executive Director and governing Board of Directors responsible for operation of
the Center;
h) Staffing to provide initial intake and screening information for all new Guests
seeking services at the Center;
i) Facilitation of efficient and effective delivery of services among Partners;
j) Opportunities for cross-training to facilitate the collaborative endeavors
and operations of the Center;
k) Training and materials explaining the operation of, and services offered at the
Center;
l) Data identifying outcomes and evaluation measures for services provided at
the Center; and
m) Reasonable efforts to provide a safe and secure work environment.
II. PARTICIPANT COMMITMENT:
The Participant agrees to provide complete services of Participant Agency to Guests
referred or contacted through the Center under the following general conditions:
a) In furtherance of Best Practices and the mission of PorchLight, Participant will
provide timely and appropriate services to Guests at PorchLight.
b) If, upon screening by the Participant's staff, it is determined a Guest is not
appropriate for the Participant’s services, the Participant is under no obligation
to provide services, but the Participant commits to work with Guests to assist
with referrals and warm hand-offs, where feasible, to other appropriate service
providers.
c) The Participant shall assign staff to the Center possessing sufficient skills and
training and appropriate credentials to provide the identified service(s) and
capable to work within the collaborative environment, mission and goals of
the Center.
d) Staff, volunteers and interns hired by the Participant and providing services at the
Center will be supervised and paid by the Participant, and have the rights and
responsibilities of employees of the Participant.
e) The Participant will complete an appropriate background check based on
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Participant’s agency guidelines for all personnel assigned to work at the Center
(staff, contract, volunteers and intern personnel), and provide confirmation to
PorchLight staff that the Participant’s guidelines have been followed and completed
prior to Participant staff responding to the Center.
f) The Participant will provide documentation of, and maintain current and
appropriate professional liability insurance, or adequate self-insured retention,
and licensing and credentialing necessary to perform the services identified by the
Participant.
g) The Participant will provide documentation of, and maintain, General
Liability Insurance coverage in the amount of at least $1 million per
occurrence, and an aggregate limit of $2 million dollars. In the event
Participant provides licensed professional services, Participant shall provide
documentation of, and maintain, Professional Liability Insurance coverage
in the amount of at least $1 million per occurrence, and an aggregate limit
of $2 million dollars. Copies of Participant’s policies and a certificate
evidencing coverage shall be provided prior to joining the Center. All
applicable insurance carriers shall be licensed in the State of Colorado. All
such policies shall require notice to PorchLight in the event of termination.
h) The Participant will maintain Workers’ Compensation Insurance coverage
for all of the Participant’s employees and provide documentation of the
same to PorchLight.
i) In the event the Participant has self-insured retention, Participant agrees to
hold PorchLight harmless in the event of any claim and provide notice to
PorchLight of any claims relating to any PorchLight activity.
j) To the extent permitted by law, and with respect to the contractual
obligations set forth in Sections II(d) and II(p) hereof exclusively, Participant
will indemnify and hold harmless PorchLight and its directors, officers,
employees and agents, from and against all loss, claims, damages, expenses
or costs of any kind arising from a Participant’s breach of the contractual
obligation set forth in Sections II(d) and II(p) hereof.
k) Participant agrees that each Partner will be responsible for its own actions
in providing services under this MOU, and Participant shall not be liable for
any civil liability that may arise from the furnishing of services by another
Partner at the Center.
l) Staff assigned by the Participant to the Center will participate in and, if requested,
provide orientation and cross training related to services at the Center.
m) The Participant’s staff will attend and participate in service delivery, Partner, and
administrative meetings for the Center whenever possible. The Participant will
network with all Parties in a collaborative effort to reduce domestic violence,
sexual assault, stalking, child abuse, elder abuse, abuse against at-risk individuals,
and human trafficking.
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n) The Participant will refer and provide a warm hand-off (a personal contact) to
other Partners or outside agencies as needed and appropriate pursuant to
applicable law and regulations.
o) The Participant will provide reasonable office supplies to be used by the
Participant’s staff for the provision of services at the Center.
p) The Participant will take reasonable care of the assigned office space, equipment
and common areas, and repair losses caused by its staff.
q) The Participant will use the Center intake data software as appropriate and
provide aggregate Guest service data as agreed by the Parties.
r) The Participant will provide interpreter services when necessary to communicate
with its Guests, or reimburse PorchLight its pro rata share of interpreter services
if Participant expressly requests an interpreter paid by PorchLight.
s) To ensure the safety of the Center, if law enforcement agrees to a schedule of
coverage whereby an officer is the last to leave the Center daily, the Participant
shall work collaboratively with all on-site law enforcement agencies to come to a
mutually agreeable schedule.
III. COLLABORATIVE PROVISIONS:
The Parties further agree as follows:
1) The involvement of the Participant at the Center will not create an employment,
tenancy, agency or partnership relationship between or among the Participant,
PorchLight, the Center, or the Partners, or any of their respective directors,
officers, employees, volunteers, invitees, interns, agents or contractors.
2) During the course of the Parties’ performance of their respective obligations
hereunder, a Party may gain access to confidential information regarding another
Party or a Guest. All such information shall be maintained in strict confidence,
shall not be used except as necessary for the performance of the Parties’
obligations under this MOU, and shall not be disclosed to any third party without
prior written approval of the disclosing Party or Guest, except as otherwise
required by law. In the event disclosure of confidential information belonging to
another Party or Guest is required by the Colorado Open Records Act or other
applicable law, the Party receiving the request for disclosure or subpoena shall
provide notice thereof to the disclosing Party or Guest (or the subject of such
information) and shall allow the disclosing Party or Guest a reasonable
opportunity to seek protection, by any legal means, against the requested
production or disclosure. If a Party maintains such information in electronic form,
such Party will take all reasonable precautions to maintain such information in a
secure environment to prevent its unauthorized access, use or disclosure. If a
Party becomes aware of any actual or suspected unauthorized access, use or
disclosure of confidential Party or Guest information, such Party shall promptly
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notify Porchlight and all affected Parties, Guests or persons. Upon the
cancellation, termination or completion of this MOU, all such information shall be
returned or destroyed, at the discretion of the disclosing party, excepting all
information contained in records the Participant is required to keep and maintain
pursuant to its records retention schedule.
3) The Parties agree to abide by the PorchLight Operations Manual and enter into
this MOU by supporting the goals and objectives of PorchLight, including
participating in short-term and long-term strategic planning focused on the
development and sustainability of PorchLight whenever possible.
IV. TERM
This MOU shall be effective upon its execution by both Parties, and once the Center
is open and operational. Any Participant may terminate this MOU with or without
cause by providing sixty (60) days’ written notice to the PorchLight Executive
Director. Any such termination shall only apply only to the Participant providing the
termination notice. PorchLight may terminate this MOU upon written notice to any
Party at any time for cause or in the event PorchLight, in its sole and absolute
discretion, determines that it is no longer able to provide the resources necessary to
operate the Center.
V. MISCELLANEOUS PROVISIONS:
a) The Parties designate the individuals identified below to be their respective
authorized representatives under this MOU. All notices required to be provided
hereunder shall be made in writing to the authorized representatives of the other
Party. Either Party may change its representative at any time by providing written
notice to the other Party.
PorchLight, A Family Justice Center
Candace Cooledge
Executive Director
11100 W. 8th Avenue,
Lakewood CO, 80215
ccooledg@jeffco.us
Participant
City of Wheat Ridge, Police Department
7500 W. 29th Ave
Wheat Ridge, CO 80033
dguadnola@ci.wheatridge.co.us
b) The person signing for the Party below is authorized to execute this MOU on behalf
of such Party.
c) Nothing in this MOU shall be construed as a waiver of any Party’s
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governmental immunity.
d) Each Party agrees to observe and comply with all Federal, State and local laws,
regulations and ordinances applicable to such Party, and to procure all necessary
licenses, permits or approvals, in the performance of their responsibilities
hereunder.
e) The enforcement of this MOU and all rights of action relating to such enforcement,
shall be strictly reserved to the Parties. Nothing contained in this MOU shall give or
allow any claim or right of action whatsoever by any other third person, nor shall
anything contained in this MOU be construed as a waiver of any provision of the
Colorado Governmental Immunity Act, C.R.S. §24-10-101, et. seq., as amended.
f) This MOU may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
The Parties approve the use of electronic signatures for execution of this MOU. All
documents must be properly notarized, if applicable. All use of electronic signatures
shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101
to -121.
g) ARTICLE X, SECTION 20/TABOR; LOCAL GOVERNMENT BUDGET LAW. The Parties
understand and acknowledge that the Participant is subject to both Article X § 20 of
the Colorado Constitution (“TABOR”) and the Colorado Local Government Budget
Law, C.R.S. § 29-1-101 et seq. (“Budget Law”). The Parties do not intent to violate
the terms and requirements of TABOR or Budget Law by the execution of this MOU.
It is understood and agreed that this MOU does not create a multi-fiscal year direct
or indirect debt or obligation within the meaning of TABOR or Budget Law and,
therefore, notwithstanding anything in this MOU to the contrary, all financial
obligations of Participant, whether stated as direct or indirect, known or unknown,
explicit or implicit, costs, fees, contributions, reimbursements or any other form of
financial obligation whatsoever, are expressly dependent and conditioned upon the
continuing availability of funds beyond the term of Participant’s current fiscal period
ending upon the next succeeding December 31.
PARTICIPANT
CITY OF WHEAT RIDGE, COLORADO
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk Date
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PORCHLIGHT
Signature
Print Name Date
Title
ITEM NO: 6
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS OF $100,000 TO LOGAN SIMPSON, FT. COLLINS, CO, FOR THE OPEN SPACE MANAGEMENT PLAN PROJECT
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
__________________________ ________________________
Parks and Recreation Director City Manager ISSUE: The current Open Space Management Plan for the City is twenty years old. A request for proposals (RFP) was issued to solicit qualified firms to develop a new comprehensive Open
Space Management Plan. Five proposals were received and accepted as complete. City staff has
evaluated the bids, and Logan Simpson was selected as the most responsible and responsive bidder in the amount of $100,000. PRIOR ACTION:
The most recent version of the Open Space Management Plan was written and approved by City
Council in 2002. FINANCIAL IMPACT: Funding for this project is budgeted in Open Space Fund (Fund 32). The $100,000 budget shall
provide for all general consultancy costs as identified in the bid package. A contingency will not
be made available for this project. Costs and deliverables will be managed within the scope of the proposed budget.
Council Action Form – Open Space Management Plan March 28, 2022
Page 2
BACKGROUND: The current Open Space Management Plan was written in 2002 and is over 20 years old. During
that timeframe, much has changed in relation to the City’s open space including development,
increased usage of the greenbelt, increased demand for access and facilities, invasive species, wildlife populations, and water quality. The intent of this project is to conduct a thorough analysis of the City’s open spaces and current
management strategies through engagement and surveys with the community, field research, and
fact finding. This analysis will help to define the operational needs of the Parks Forestry, and Open Space Division, while accounting for the needs and desires of the community. The resulting information and document will assist with prioritizing resources and project planning for years to come.
RECOMMENDATIONS: Parks and Recreation staff recommend the award of the Open Space Management Plan Project to Logan Simpson of Ft. Collins, CO.
RECOMMENDED MOTION:
“I move to award a contract and approve subsequent payments of $100,000 to Logan Simpson, Ft. Collins, CO, for the Open Space Management Plan Project.” Or,
“I move to deny award and payment to Logan Simpson, Ft. Collins, CO, in the amount of $100,000.00 for the Open Space Management Plan Project, for the following reason(s) ______________________.”
REPORT PREPARED/REVIEWED BY:
Zach Lovato, Parks, Forestry and Open Space Manager Karen O’Donnell, Director of Parks and Recreation Thomas (TJ) Ellison, Procurement Coordinator Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager
ATTACHMENTS: 1. Logan Simpson proposal 2. Procurement bid tabulation and review team scores
LOGAN SIMPSON RESPONSE TO CITY OF WHEAT RIDGE REQUEST FOR PROPOSAL
RFP-22-OPEN SPACE
MANAGEMENT PLAN
PROPOSAL SUBMITTED JANUARY 27, 2022 | 2:00PM MST
ATTACHMENT 1
ii PROPOSAL SUBMiTTED BY LOGAN SIMPSON
`TABLE OF CONTENTS
A. PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGEMENT ...................1
B. ILLEGAL ALIEN FORM .......................................................................................................................2
C. NON-DISCRIMINATION ASSURANCE FORM .......................................................................3
D. NON-COLLUSION AFFIDAVIT .......................................................................................................4
E. VENDOR QUALIFICATIONS (INCLUDING RESUMES) .......................................................5
EXHIBIT B - ACCEPTANCE OF CONDITIONS STATEMENT ...............................................18
ATTACHMENT A - PRICE SCHEDULE ...........................................................................................19
F. PROPOSAL & G. REFERENCES ....................................................................................................21
1. Firm Capabilities and References .........................................................................................21
2. Scope of Submission ......................................................................................................................25
3. Effective Project Approach ....................................................................................................34
4. Price ..........................................................................................................................................................38
13
RFP-22-Open Space Management Plan
PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT
FEIN / SSN (Required) DUNS Federal ID number
COMPANY NAME
ADDRESS
CITY STATE ZIPCODE
PHONE CELL
AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital
PRINTED NAME
TITLE EMAIL
PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA
ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial
as applicable.
#1 #2 #3 #4
DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE
Signature acknowledges that proposer:
1) Has read the RFP documents thoroughly prior to submitting a proposal,
2) Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions,
3) Is capable of performing quality work to achieve the City objectives, and
4) Is submitting without collusion with any other individual or firm.
Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
86-0900108 00-433-7148
Logan Simpson Design Inc.
Jana McKenzie
Principal jmckenzie@logansimpson.com
213 Linden Street, Suite 300
Fort Collins
970-449-4100 970-227-3699
Colorado 80524
Logan Simpson is also in receipt of Communication No. 1.
14
The vendor, whose name and signature appear below, certifies and agrees as follows:
1. The vendor shall comply with the provision of CRS 8-17.5-101 et seq.
2. The vendor shall not knowingly employ or contract with an illegal alien to perform this work, or enter into a
contract with a subcontractor who knowingly employs or contracts with an illegal alien.
3. The vendor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens,
through participation in the Basic Pilot Employment Verification Program administered by the Social
Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the
requirements of CRS 8-17.5-102(2)(b)(I).
4. The vendor shall comply with all reasonable requests made in the course of an investigation by the
Colorado Department of Labor and Employment. If the vendor fails to comply with any requirement of this
provision or CRS 8-17.5-101 et seq., the City may terminate an award for breach of contract, and the
vendor shall be liable for actual and consequential damages to the City of Wheat Ridge.
CERTIFIED and AGREED to this day of , 20
RFP NUMBER AND TITLE:
FIRM SUBMITTING PROPOSAL: (print full legal name)
Authorized Signature:
Printed Name:
Attestation: (a corporate attestation is required)
BY:
(Corporate secretary, or equivalent)
Place Corporate seal here, if applicable
Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
CITY OF WHEAT RIDGE, CO
CERTIFICATION STATEMENT FOR
ILLEGAL ALIENS, COMPLIANCE TO HB 1343
RFP-22-Open Space Management Plan
26 22January
Logan Simpson Design Inc.
Jana McKenzie
15
Title VI of the Civil Rights Act of 1964 prohibits discrimination of the basis of race, color or national origin by any entity receiving Federal financial assistance.
The City of Wheat Ridge is a recipient of Federal financial assistance and as such, it—as well as all of its
responsible agents, contractors and consultants—is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination. The City of Wheat Ridge
assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin under any program or activity conducted by the City.
All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. This applies to all solicitations for bids for work or material subject to the Regulations, and for all proposals for negotiated agreements.
The bidder, whose name and signature appear below, certifies and agrees as follows:
1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964.
2. The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race, color or national origin in consideration for award.
3. The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI, the Regulations and this assurance by the Colorado Department of Transportation, the US Department of
Transportation or the City of Wheat Ridge, as a sub-recipient of Federal financial assistance.
4. The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI, the Regulations and this assurance.
FIRM:
(Print full legal name of company)
AUTHORIZED SIGNATURE:
Printed Name and Title:
Date Certified and Agreed:
Attestation: (A corporate attestation is required) Place corporate seal below:
BY:
Corporate Secretary or Equivalent
Bidder must complete and SUBMIT this form with bid/proposal or will be considered
Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
CITY OF WHEAT RIDGE, CO
NON-DISCRIMINATION ASSURANCE FORM
TITLE VI REGULATIONS AT 49 CFR PART 21
Logan Simpson Design Inc.
Jana McKenzie, Principal
January 26, 2022
17
SECTION I - IDENTIFICATION
1. Identification of Applicant Firm
A.
Exact Legal Name of Applicant Firm DUNS #
B.
Address City State Zip Code
C.
Mailing Address, if different from above
D. Primary Company Telephone No. Fax No:
E. Applicant Firm's Contact Person for Public Works Office follow-up:
Printed Name Title Telephone Number
Email address
F. Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other
name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper.
No Yes
G. Type of business organization:
YEAR organization established: NUMBER of current full-time employees:
Sole Proprietor Corporation
Date and State of Incorporation
Limited Partnership General Partnership
Date and State of Partnership filing
Limited Liability Company Limited Liability Partnership
Date and State of filing
Other (describe)
H. Type of service(s) to be provided to the City of Wheat Ridge.
CITY OF WHEAT RIDGE, CO
VENDOR QUALIFICATION FORM
RFP-22-Open Space Management Plan
Logan Simpson Design Inc.
Jana McKenzie Principal
jmckenzie@logansimpson.com
970-449-4100
970-449-4100
Corporation
December 18, 1997
1990 123
480-966-9232
213 Linden Street, Suite 300 Fort Collins Colorado 80524
00-433-7148
X
X
18
General Contractor Concrete Flatwork
Storm Sewer Concrete Structures
Traffic Signals Slurry Seal
Grading Fog Seal
Asphalt Paving Crack Sealing
Concrete Paving Landscaping
Signing Striping
Traffic Control Other (describe)
SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS,
AND RELATED ENTITIES
1. Owners
List Owners of Applicant Firm:
Legal Name Title Experience
(# of years)
% of
Ownership
(Use additional sheets if necessary)
2. Project Management Team, Supervisors and Employees Who will be Working Directly on the Project(s)
List the full names of the primary employees of the proposed Project Team.
Legal Name Current Position Experience
(# of years)
% of Time
Devoted to Project
Professional
Licenses
(Use additional sheets if necessary)
3. Résumés
Attach résumés of the Project Management Team, showing the last five years of employment in this field.
Résumés must be comprehensive and include firms worked for and dates of employment; they are not required
from materials suppliers.
X Planning, Design, and Environmental
See table immediately following the end of this
form for full list of owners.
See table immediately following
the end of this form for full list
of the primary employees of the
proposed Project Team.
Résumés immediately follow the end of this form.
19
4. Contractor’s License
The awarded vendor must obtain or have a current City of Wheat Ridge municipal contractor’s license within
seven days of City Council approval of RFP award.
SECTION III – CONTRACTING HISTORY
1. Contracting History
Include three (3) references for similar projects completed by the proposed team.
2.
1. Company Name Contact Name
Street Address
City State Zip
Phone # Fax #
Contact Name
Contact Email Address
Contract Amount $ Start/Completion Dates
Description of Work
Type of Contractor (circle one): Prime Sub-contractor
3. Company Name Contact Name
Street Address
City State Zip
Phone # Fax #
Contact Name
Contact Email Address
Contract Amount $ Start/Completion Dates
Description of Work
Type of Contractor (circle one): Prime Sub-contractor
2. Company Name Contact Name
Street Address
City State Zip
Phone # Fax #
Contact Name
Contact Email Address
Contract Amount $ Start/Completion Dates
Description of Work
Type of Contractor (circle one): Prime Sub-contractor
City of Loveland
City of Greeley
Town of Estes Park
321 N 16th Avenue
170 MacGregor Avenue, P.O. Box 1200
Greeley
Estes Park
Colorado
Colorado
80631
80517
Loveland
970-962-2727
970-350-9412
970-577-3575
none
none
Brian Hayes
Justin Scharton
Ryan Barr
hayesb@ci.loveland.co.us
justin.scharton@greeleygov.com
rbarr@estes.org
970-962-2903
Colorado 80537
500 E Third Street, Suite 200
Brian Hayes (East Big Thompson River
Natural Area Management Plan)
Justin Scharton (Get Outdoors Greeley Strategic Plan)
Ryan Barr (Fall River Road
Trail Extension)
55,000
50,000
20,700
4/2020 - 10/2020
7/2020 - 2/2021
2/2019 - 10/2019
Logan Simpson developed a Natural Area Management Plan for 250 acres of recently
Logan Simpson worked with the City and a large, diverse Steering Committee to develop Get
Otak/Logan Simpson completed an extension of an 8’ wide, 2.5 mile concrete multi-purpose trail
conserved property along approx. 1.5 miles of the Big Thompson River at the east edge of Loveland.
Outdoors, a 5-year strategic plan for natural areas, open lands, and trails.
near the south side of US 34 between Estes and the Fall River Entrance to Rocky Mountain National Park.
20
SECTION III – CONTRACTING HISTORY, CONT.
In the past five years has the applicant firm or any affiliate been the subject of any of the following actions:
• Suspended, debarred, disqualified, or otherwise declared ineligible to bid? No Yes
• Failed to complete a contract for a commercial, private owner, or government agency? No Yes
• Been denied a low-bid contract in spite of being the low bidder? No Yes
• Had a contract terminated for any reason, including default? No Yes
• Had liquidated damages assessed against it during or after completion of a contract? No Yes
SECTION IV – CIVIL ACTIONS
1. Violations of Civil Law
In the past five years has the applicant firm, any of its owners, or any affiliate been the subject of an
investigation of any alleged violation of a civil antitrust law, or other Federal, State, or local civil law?
No Yes
2. Lawsuits with Public Agencies
At the present time—or during the past five years—has the applicant firm, any of its owners, or any affiliate
been a plaintiff or defendant in any lawsuit regarding services or goods provided to the City of Wheat Ridge, or
to a public agency?
No Yes
3. Bankruptcy
During the past five years has the applicant firm or any affiliate filed for bankruptcy or reorganization under the
bankruptcy laws?
No Yes
4. Judgments, Liens, and Claims
During the past five years has the applicant firm been the subject of a judgment, lien, or claim of $10,000 or
more by a subcontractor or supplier?
No Yes
5. Tax Liens
During the past five years has the applicant firm been the subject of a tax lien by Federal, State, or any other
tax authority?
No Yes
If “Yes” is answered to any of the following questions in Sections IV, V, or VI, please provide details—
including a brief summary of cause(s) of action, indicating if applicant firm, owner, or affiliate firms were
plaintiffs (P) or defendants (D); define charges explicitly, identifying by what authority, court, or jurisdiction
charge(s) were made. Complete details are required.
NOTE: For Sections IV and V below, the definition of an “investigation” includes:
•An appearance before a grand jury by representatives of the firm
•Any oral or written inquiry or review of the firm’s documents by a governmental or law enforcement
agency or investigative agency
•Questioning of employees concerning the general operation or specific activities of the firm
X
X
X
X
X
X
X
X
X
X
21
SECTION V – COMPLIANCE WITH LAWS AND OTHER REGULATIONS
1. Criminal
In the past five years has the applicant firm or any of its owners or affiliates:
A. Been the subject of an investigation involving any alleged violation of criminal law?
No Yes
B. Been arrested, indicted, or named as an unindicted co-conspirator in any indictment or other accusatory
instrument?
No Yes
C. Been convicted—after trial or by plea—of any felony under State or Federal law?
No Yes
D. Been convicted of any misdemeanor involving business-related crimes?
No Yes
E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification, or
destruction of records, receiving stolen property, or a violation of any antitrust laws?
No Yes
F. Entered into a consent decree?
No Yes
G. Been granted immunity from prosecution for any business0related conduct constituting a crime under
State or Federal law?
No Yes
H. Taken the Fifth Amendment in testimony on any business-related crime?
No Yes
I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business
activity?
No Yes
J. Do any owners in applicant firm have any pending felony charges against them that were filed either
before, during, or after their employment with the applicant firm?
No Yes
2. Regulatory Compliance
In the past five years has the applicant firm, any of its owners or affiliates been cited for:
A. Violation of any labor law or regulation, including prevailing wage rates and fair labor practices?
No Yes
B. An OSHA violation?
No Yes
C. Violation of Federal, State, or local environmental laws or regulations?
No Yes
D. Any other administrative, statutory, or regulatory violations?
No Yes
SECTION VI – ETHICS
1. False Statements, Bribes, Collusion
In the past five years has the applicant firm, or any of its owners or affiliates:
A. Filed with a government body (including the City of Wheat Ridge) or submitted to a government
employee (including a City of Wheat Ridge employee) any form of document known by the applicant
firm, any of its owners, or by the person submitting the document, to contain false information?
No Yes
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
22
B. Created or maintained false business records?
No Yes
C. Given—or offered to give—money or any other benefit to a public official or employee, with intent to
influence that person regarding any of their official acts, duties, or decisions?
No Yes
D. Given—of offered to give—money or other benefit to an official or employee of a private business, with
intent to induce that official or employee to engage in unethical or illegal business activities (including but
not limited to improper gratuities and/or violations of lobbying regulations)?
No Yes
E. Agreed with another person or firm to bid below prevailing market rate?
No Yes
F. Agreed with another person or firm to submit identical or complimentary bids, or otherwise not to bid
competitively?
No Yes
G. Agreed with another person or firm not to submit competitive bids in another’s territory established either
by geography or by customers?
No Yes
H. Agreed with another person or firm to take turns in obtaining contracts by pre-determining which firm
shall submit the lowest bid?
No Yes
2. Conflict of Interest
A. Does the applicant firm, any of its owners or project team members have any existing relationships that
could be construed as either personal or organizational conflicts of interest, or which would give rise to a
conflict if applicant firm should be a recipient of a contract with the City of Wheat Ridge?
No Yes
B. Has any owner or project team member of the applicant firm ever (if “Yes,” explain fully):
1. Been an employee of the City of Wheat Ridge, or served as a member of Wheat Ridge City Council?
No Yes
2. Been related by blood or marriage to a City of Wheat Ridge employee or Council member?
No Yes
SECTION VII – ADDITIONAL DOCUMENTATION REQUIRED
Additional document copies to be submitted with this application:
1. Letter of reference from your firm’s surety, stating current available aggregate and single project bonding
capacity (this application will not be processed without this letter).
2. List of major equipment, by number and type, available for the project(s).
3. Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full-time
employees must be certified at Level II or higher.
Bidder must complete and SUBMIT this form with your bid/proposal or will be considered
Non-Responsive and/or Non-Responsible and therefore disqualified from bidding.
X
X
X
X
X
X
X
X
X
X
Per the mandatory pre-proposal meeting's chat with Whitney Mugford-Smith,
this Section VII documentation is not required.
LEGAL NAME TITLE EXPERIENCE
(# OF YEARS)% OF OWNERSHIP
Bruce Meighen CEO & President, Principal 27 29%
Jana McKenzie Principal 37 19%
Patricia McCabe Principal 21 15%
Erick Laurila Principal 19 11%
Jeremy Call Principal 22 8%
Christina Hart Principal 23 8%
Megan Moore Senior Associate Planner 21 7%
Casey Smith Senior Associate GIS Analyst 14 2%
Christopher Garraty Senior Associate Archaeologist 29 2%
SECTION II - OWNERSHIP/MANAGEMENT, PROJECT MANAGEMENT, SUPERVISORS, AND RELATED ENTITIES
1. Owners
List Owners of Applicant Firm:
2. Project Management Team, Supervisor and Employees Who will be Working Directly on the Project(s)
List of full names of the primary employees of the proposed Project Team.
LEGAL NAME CURRENT POSITION EXPERIENCE
(# OF YEARS)
% OF TIME
DEVOTED TO
PROJECT
PROFESSIONAL LICENSES
Logan Simpson
Jana McKenzie Principal 37 16%
CLARB Certified Landscape Architect
#20259/5456
Registered Landscape Architect (Colorado #242, Wyoming #LA-042B, Utah #9505341, Montana #10479, Nevada #994, South Dakota #14054, Kentucky #1004, and Idaho #16862
Kristina Kachur Project Manager/Environmental
Planner 9 23%American Institute of Certified Planners
Taylor Broyhill Public Involvement/Recreation Planner 9 28%American Institute of Certified Planners
Kevin Small Landscape Designer/Graphics 2 9%n/a
Subconsultant Team
Andrew Grinstead Vegetation/Restoration and GIS 7 16%n/a
Scott Belonger Trails Practice Area Manager 25 8%Professional Engineer (CO -#35413; NM-#25785; WY-#17538)
Percent of time devoted to project is expressed as an estimated percentage of individual hours dedicated to the total anticipated
project hours.
12 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
Jana McKenzie, FASLA, LEED AP Principal Landscape Architect
Jana is an award-winning landscape architect with more than 35 years of experience
specializing in planning and designing restoration area, parks, trails, open space, and
recreation facilities. Her extensive portfolio of work spans planning open space, trails,
and recreational amenities for entire cities, to designing the details of site construction
in the form of parks, trails, and natural areas. Jana has led the design of more than 30
parks and open space projects and led system-wide parks, open space, trails, and rec-
reation master plans for upwards of 15 communities. Having spent her entire career in
a multi-disciplinary office environment, Jana has lead master plans and management
plans, as well as site-specific design projects, for lands with sensitive resources. She
is expert at defining needs for leisure time amenities, balancing demands for facilities
while protecting and enhancing a site’s inherent qualities and facilitating public pro-
cesses that result in win-win outcomes. Most of Jana’s projects include public outreach
and engagement components, often geared towards achieving a balance between dif-
fering user needs, funding, and operations and maintenance logistics. Jana will guide
the design team in concept and master planning, with focus on site infrastructure.
Education
B.S., Landscape Architecture Magna Cum
Laude, Colorado State University, 1985
Professional Registrations/
AccreditationsLicensed Landscape Architect in Colorado, Wyoming, Utah, Idaho, South Dakota, Montana and Nevada
CLARB Certified; LEED Accredited
Professional, U.S. Green Building Council, 2002Fellow, American Society of Landscape Architects
Selected Relevant Experience
• East Big Thompson River Natural Area Management Plan, Colorado
• Get Outdoors Greeley: Natural Areas & Trails Strategic Plan, Colorado• Fall River Trail Enhancements, Estes Park, Colorado• Windsor Open Space and Trails Strategic Plan, Colorado
• Wonderland Lake Master Plan, Colorado
• Reservoir Parks Master Plan and RMP/EA, Larimer County, Colorado
• Berthoud Open Space Master Plan, Colorado• Viestenz-Smith Mountain Park, Loveland, Colorado• River’s Edge Natural Area, Loveland, Colorado
• Lakewood Community Resources Comprehensive Master Plan, Colorado
• Mehaffey Park, Loveland, Colorado
• Big Thompson River and Little Thompson Watershed Restoration Master Plans, Watershed Coalitions in Larimer, Boulder and Weld County, Colorado
• Poudre River Enhancements/Linden to Lincoln, Fort Collins, Colorado
• Fossil Creek Reservoir Management Plan, Master Plan and Site Design,
Fort Collins, Colorado• Houts/Equalizer Reservoirs and High Plains Environmental Center Master Plan, Loveland, Colorado
• Saddlehorn Amphitheater and Trails Repairs, Colorado National
Monument, National Park Service
• Chatfield Reservoir Storage Reallocation Recreation Mitigation Design, Jefferson County, Colorado • State Forest Campground Schematic Design, Colorado State Parks
• Steamboat Springs Parks, Recreation, Open Space, and Trails Plan, and
Yampa River Management Plan, Colorado
• Sloan Canyon National Conservation Area Master Plan and Visitor Contact Station Design, Bureau of Land Management, Nevada• Chimney Hollow Conceptual Designs, Larimer County, Colorado
• Pittman Wash Trail and Union Pacific Railroad Trail Master Plan,
Henderson, Nevada
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 13
Kristina Kachur, AICP
Recreation and Environmental Planner
Kristina is a recreation and environmental planner skilled in GIS analysis,
environmental land use, and public involvement. She holds a master’s degree in
urban and regional planning and has worked with the Colorado Parks and Wildlife
Department as a parks planning assistant. While there, Kristina co-authored the Colorado Statewide Comprehensive Outdoor Recreation Plan (SCORP) and helped manage a Resource Management Plan update/EA for Lake Pueblo State
Park. At Logan Simpson, she has worked on a variety of environmental and
open space planning projects at various scales, working with local, county,
and federal clients. She is proficient in using GIS to produce models and maps to aid in planning exercises and has complied and mapped natural resource data to evaluate sensitive resources for recreation management. Kristina also
facilitates focus groups and has a thorough knowledge of alternative outreach
methods to inform the planning processes.
Education
M.A., Urban and Regional Planning -
Environmental & Land Use (MURP), University of Colorado, 2013
B.A., Geography-Environmental Planning, Bloomsburg University of Pennsylvania, 2010
Professional Registrations
Certified Planner, American Institute of Certified Planners / American Planning Association, 2015
Selected Relevant Experience
• Get Outdoors Greeley: Natural Areas & Trails Strategic Plan, Colorado• Windsor Open Space and Trails Strategic Plan, Colorado• Estes Valley Open Space and Outdoor Recreation Plan, Colorado
• Reservoir Parks Master Plan and RMP/EA, Larimer County, Colorado
• Lakewood Community Resources Comprehensive Master Plan, Colorado
• Berthoud Open Space Master Plan, Colorado• Englewood Parks and Recreation Master Plan, Colorado• Steamboat Springs Parks, Recreation, Open Space, Trails and River
Master Plan, Colorado
• Berthoud Trails Master Plan, Colorado
• Summit County Open Space and Trails Master Plan, Colorado• Draper City Open Space Plan, Utah• Arkansas Headwaters Recreation Area Management Plan Revision, Salida,
Colorado
• Larimer County Open Lands Master Plan Update, Larimer County,
Colorado• BOR and CPW Lake Pueblo State Park Resource Management Plan, Pueblo, Colorado
• New Mexico Statewide Comprehensive Outdoor Recreation Plan,
Statewide, New Mexico
• Colorado Statewide Comprehensive Outdoor Recreation Plan, Statewide, Colorado • Sloan Canyon National Conservation Area, Henderson, Nevada
• Big Thompson Recreation and Conservation Assessment, Larimer County,
Colorado
• Big Thompson River Restoration Plan, Larimer County, Colorado • BLM Browns Canyon National Monument Resource Management Plan and EIS, Colorado
• Central City Trails Master Plan, Colorado
14 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
Taylor Broyhill, AICP
Environmental and Recreation Planner and Public Involvement Specialist
Taylor began her career as a planning professional in 2013. With a background in
local government planning, administration, and GIS, Taylor brings considerable
public-sector experience to every project. Whether facilitating a place-branding
initiative, planning for greenways & recreation, or enabling a long-ranging visioning session, Taylor aims to help communities achieve transformative and enduring results.
Taylor joined Logan Simpson in 2021 and brings experience from Mosaic Civic Studio (2018-2021) and Destination By Design (2016-2018) in Boone, North
Carolina. Prior to her transition to consulting in the private sector, Taylor worked
as a local government planner and GIS specialist for the Town of Weaverville
and City of Lenoir. She has experience as both a client and consultant. This
background provides her with a unique perspective and understanding of her local government clients’ needs and their responsibilities to citizens and
constituents.
Selected Relevant Experience
• Estes Park Comprehensive Plan, Colorado
• Lakewood Community Resources Comprehensive Master Plan, Colorado
• Windsor Open Space and Trails Strategic Plan, Colorado• Mount Gilead Moving Ahead: Our Town 2040; Comprehensive Plan, Mount Gilead, North Carolina
• Lower Creek Greenway Connector Grant Management; Lenoir, North
Carolina
• Middle Fork Greenway Blowing Rock Trailhead & Pocket Park; Blowing Rock, North Carolina; *NC APA Great Healthy Places 2021 Award Winner• Watauga County Public Trails Inventory, Assessment, and Improvements
Prioritization; Watauga County, North Carolina
• Middle Fork of the New River Headwaters Land Management and Trail
Feasibility; Blowing Rock, North Carolina• Albert Johnson Pocket Park Plan; Mount Gilead, North Carolina• Progress Pilot Mountain: 2040 Comprehensive Plan; Town of Pilot
Mountain, North Carolina
• Overmountain Victory National Historic Trail Master Plans: North Carolina,
SC, TN, VA (2014-2018), National Park Service, Overmountain Victory Trail Association, various local government agencies• Northern Peaks Trail Master Plan; Watauga & Ashe Counties, North
Carolina (clients: Watauga County Tourism Development Authority, North
Carolina Division of Parks & Recreation, Ashe County, West Jefferson
Tourism Development Authority, Town of Boone, Blue Ridge Conservancy)• Connect Danbury: Walk/Bike Master Plan; Danbury, North Carolina• Hidden Falls Park Plan; Maggie Valley, North Carolina
• Fonta Flora State Trail Section 3 Master Plan; Burke & McDowell Counties,
North Carolina
• Mountains to Sea Trail Coastal Crescent Strategic Plan; Johnston, Sampson, Cumberland, Bladen, Pender, & Onslow Counties, North Carolina
Education
Master of Public Administration;
Appalachian State University, 2013
Bachelor of Arts in Sociology, Magna Cum Laude; Berry College, 2011
Professional Certifications & Associations American Institute of Certified Planners,
2018–present
American Planning Association, 2016–present
Appalachian State Local Government Alumni Association, 2013–present
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 15
Kevin Small
Landscape Designer and Graphics Specialist
Kevin is a landscape designer with exceptional graphics skills, particularly
related to generating 3D models, graphic content for public engagement, code
graphics, 2D plans and sections, and perspective renderings for planning
and design projects. Kevin’s diverse range of graphic capabilities allows him to produce visuals varying from quick hand sketched concepts to refined photorealistic 3D video flythroughs. A skilled communicator, Kevin excels at
converting high design ideas and complex planning concepts into clear and
relatable visuals. He is adept at analyzing projects from a variety of perspectives
to help further deliver graphic solutions that effectively communicate to any anticipated audience. Prior to joining Logan Simpson, he worked as an independent contractor for landscape design companies throughout Colorado.
From 2015 to 2017, he was employed at Triple Crown Sports in Fort Collins
and spent four years as a Division I baseball coach at Temple University in
Philadelphia.
Education
M.A., Landscape Architecture, University
of Colorado at Denver, 2020
B.A. Management, Juniata College, 2009
Selected Relevant Experience
• South of the River Subarea Plan, Star, Idaho• My Meridian Comprehensive Plan 3D Modeling and Graphics, Idaho• Wonderland Lake Trail design alternatives and site mapping Graphics,
Boulder, Colorado
• Central City Trails Master Plan, Central City, Colorado
• Main Street Corridor Plan 2020, Mills, Wyoming• Sloan Canyon National Conservation Area Visitors Center, Henderson, Nevada
• East Big Thompson River Natural Area Management Plan, Loveland,
Colorado
• Nucla Main Street Beautification Plan*, Colorado• Runyon Sports Complex Master Plan, Pueblo, County, Colorado• Buckeye Wildlife Linkages Best Management Practices Guide, Arizona
• Estes Valley Open Space and Outdoor Recreation Plan, Estes Valley,
Colorado
• Naturita Town Park*, Naturita, Colorado • West Legacy Park*, Delta, Colorado• South Jordan General and Subarea Plan Update, Utah
• Englewood Unified Development Code and Community Engagement,
Colorado
• Denver Parks and Recreation Landscape Architectural On-Call 2014-2019, City and County of Denver, Colorado
* While with Colorado Center for Community Development
16 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
Andrew Grinstead
Environmental Planner/Biologist
Andy is a vegetation biologist and environmental planner with a diverse background in
vegetation monitoring, ecological restoration, and environmental policy. Andy was a Logan
Simpson employee from 2019 through 2021, and currently provides biology consulting
as an extension of our staff. From 2015 to 2019, Andy's prior experience includes plant ecologist for Boulder County Parks and Open Space, as well as monitoring, research, and volunteering for Larimer County Department of Natural Resources and the Colorado Forest
Restoration Institute. He has worked closely with non-profit, local, and federal agencies to
develop restoration and vegetation monitoring programs and is well-practiced in mapping
and monitoring native plant communities. Andrew has conducted extensive vegetation monitoring in the Colorado foothills and rangelands and has used vegetation data to conduct habitat suitability modelling for prairie dog management. His technical writing
skills and background in GIS and field GPS use have been used to conduct field inventories.Education.Master of Natural
Resources Stewardship, specialization Ecological Restoration, Colorado State University, 2019
B.S., Outdoor Recreation,
Indiana University, 2013
Selected Relevant Experience
• East Big Thompson River Natural Area Management Plan, Colorado
• Central City Trails Master Plan, Colorado
• Summit County Open Space and Trails Master Plan, Colorado
• Pre-emergent Pesticide Impacts Vegetation Monitoring, Boulder County Parks and
Open Space, Colorado• Research and Monitoring Technician, Colorado Forest Restoration Institute Fort
Collins, Colorado
• Education and Volunteer Programs Technician, Larimer County Department of
Natural Resources, Loveland, Colorado
• Parks and Trails Planning Specialist, Minnesota Department of Natural Resources, AmeriCorps Saint Paul, Minnesota
• Field Crew Leader, Northwest District, Conservation Corps of Minnesota & Iowa,
AmeriCorps Fergus Falls, Minnesota
• Brown County Hills Program Conservation Assistant, The Nature Conservancy,
Nashville, Indiana• Enyo - Roundhouse Renewable Energy Project, NextEra Energy Resources, Larimer
and Weld counties, Colorado
• Platte River Power Authority (Platte River), Colorado
• Batelle Energy Alliance (BEA) Comprehensive Land Use and Environmental
Stewardship (CLUES) Plan Update, Idaho• BLM Center of the Nation Travel Management Plan and Environmental Assessment,
South Dakota
• BLM Little Snake Field Office Travel Management Evaluation and Planning, Colorado
• BLM Rio Puerco Field Office Route Evaluation, New Mexico
• BLM Las Cruces District Office Travel Management Inventory, New Mexico
SUBCONSULTANTS
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 17
Scott Belonger PE
Trails Practice Area Manager
Scott is Otak’s Trails Practice Area Manager and has served as project manager and
engineer on numerous projects at Otak since 2000. Scott has been involved in the
planning, design, and management of over $200 million in trail, path, roadway,
streetscape, traffic calming, underpass, and bridge projects. These projects include
over 40 underpasses/grade-separated crossings, 50 pedestrian bridges, and 250
miles of trails/paths. Scott is a member of the Professional Trailbuilders Association
(PTBA) and has extensive experience in the design and construction of sustainable
soft surface trails. Many of Scott’s projects required aesthetic designs in extremely
difficult locations. This varied experience gives him uncommon knowledge of all
aspects of design and project management. He also has extensive experience with
projects requiring department of transportation approval. As an avid trail user, he has
a personal understanding of how to design trail facilities and systems to optimize the
user experience.
EXPERIENCE 25 years
EDUCATION BS, Civil Engineering (University of Wisconsin)
REGISTRATIONS &
CERTIFICATIONS Professional Engineer, CO, #35413, 2001
Professional Engineer, NM, #25785, 2019
Professional Engineer, WY, #17538, 2001
PAST FIVE YEARS
EMPLOYMENT HISTORY Otak, Inc.
AFFILIATIONS Professional Trailbuilders Association
American Trails
Association of Pedestrian and Bicycle Professionals
Selected Project Experience
Fall River Trail Extension; Estes Park, CO
Project Manager and Engineer—On behalf of Otak, Scott is leading this project which involves
the extension of the Fall River Trail, an eight-foot-wide, two and one-half mile concrete multi-
purpose trail. This extension will run along the south side of US 34 and will connect the existing
trail from Estes Park, which ends near Castle Mountain Lodge, to the Fall River Entrance of
Rocky Mountain National Park. Approximately three miles of the trail system have been
completed, and this planned trail extension will encounter similar types of design challenges,
(e.g. steep slopes, mountainous terrain, geotechnical obstacles).
St. Vrain Greenway Trail Phases 6, 7, 7B, 8, 11, 13 | Longmont, CO
Project Manager and Engineer—For nearly 20 years, Scott has led the Otak team in providing
trail design services for the St. Vrain Greenway (SVG) in Longmont. Otak has been involved in
several of the project’s phases, initially providing design services for six pedestrian bridges that
cross St. Vrain Creek, Lefthand Creek, Old Dry Creek, and the Bonus Ditch. Otak also
designed the trail segments adjacent to these bridges, beneath the existing vehicular bridge at
Main Street (SH 119), and other segments where slopes or site grading was critical. Otak was
the prime consultant for the next segment of the greenway, which included two miles of path
design through a riparian corridor, a 140-foot span pedestrian bridge over St. Vrain Creek, path
design and erosion control, ramp connections to bike lanes on SH 119, a new pedestrian
underpass structure at 119th Street and East County Line Road, and modifications to an
existing field access bridge. Otak recently won a design project for Phase 13 of the SVG.
City of Louisville Open Space and Trails Wayfinding; Louisville, CO
Project Manager and Engineer—Scott led Otak in identifying and providing conceptual trail
design and cost estimating for over 20 missing links and spot improvements throughout the
City’s trail system. These improvements included the identification and design of missing trail
segments, the redesign of substandard trail segments, roadway crossing improvements, and
trail /trail intersection reconfigurations. The purpose of these improvements is to assemble
existing fragmented trail segments into six continuous and interconnected primary trails
spanning across the City of Louisville. The Otak team reconfigured trail/trail intersections were
reconfigured to provide intuitive wayfinding for users of the new primary trail system. These
trails were named, and a new trail system map was created as part of this effort. The City will
construct these improvements in phases as funding becomes available.
32
EXHIBIT B
RFP-22-Open Space Management Plan
ACCEPTANCE OF CONDITIONS STATEMENT
A. Proposing firm indicates acceptance of the following conditions:
1. City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees,
unless the City Council determines that the making of such a contract is in the City’s best interest.
No City Council member, member of a City Board or Commission, Municipal judge, City Manager,
City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child,
parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent
of the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest
in the proposing firm or this Request for Proposal (RFP), except as follows:
2. I / we hereby agree to all instructions, terms and conditions, and specifications contained herein.
B. I / we acknowledge the following addenda:
Proposing Firm’s Name:
Address:
Office Phone Number: Cell Phone Number:
Submitted by:
SIGNATURE DATE
TITLE
Attest (by officer if corporation) or notary (if individual):
SIGNATURE
My commission expires (if notarized):
DATE
Addendum #1 and Addendum #2
Logan Simpson Design Inc.
213 Linden Street, Suite 300, Fort Collins, Colorado 80524
970.449.4100 ext. 4803 970.227.3699
January 26, 2022
Jana McKenzie, Principal
Bruce Meighen, CEO & Principal
30
ATTACHMENT A
RFP-22-Open Space Management Plan
PRICE SCHEDULE
SUBMIT ON THIS PAGE, OR ATTACH YOUR DETAILED PRICE OR REVENUE SCHEDULE
NAME OF FIRM:
ADDRESS:
CHECK-LIST:
The following information and forms must be included with your submittal, in this order:
➢ Proposer Information Sheet
➢ Acknowledgment of Addendum (if any)
➢ Illegal Alien Certification Form
➢ Non-discrimination Form
➢ Contractor’s Qualification Form
(SHORT AND LONG FORMS INCLUDED IN DOCUMENT MASTER)
➢ Reference Authorization Form
Please be certain to address the following in your proposal:
➢ Attendance at mandatory pre-bid meeting
➢ Qualifications
➢ Experience
➢ Current Workload
➢ Project Approach
➢ Fee Schedule
Please review the sample agreement, but do not include a copy with your proposal submittal.
213 Linden Street, Suite 300, Fort Collins, Colorado 80524
Logan Simpson Design Inc.
X
X
X
X (% of Time Devoted to Project on Vendor Qualification Form)
X
X (See fee schedule on page 38 of this proposal)
X
X
X (Vendor Qualification Form)
X
X
Communication No. 1 via BidnetDirect state " Please disregard
"Reference Authorization Form" as it does not exist."
20 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
THIS PAGE IS INTENTIONALLY BLANK
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 21
1. FIRM CAPABILITIES AND REFERENCES
1.A. REFERENCES FOR SIMILAR PROJECTS
Logan Simpson’s motto, Guiding Responsible Change, is
based on our commitment to all aspects of a community
based on social, environmental, and economic sustainability. We provide a vision for the future – and
implementable actions to achieve that vision. Logan
Simpson excels in leading comprehensive parks and
recreation system planning, trail connectivity planning,
open space conservation and restoration, prioritization, and site master planning. Our portfolio of community
master plans is supported by a variety of conceptual and
built outdoor recreation, and trails amenities.
Logan Simpson’s design and recreation planning
staff specialize in Parks, Recreation, Open Space, and
Trails Master Plans, all of which include intensive and
interactive public engagement. Logan Simpson and Otak have been collaborating on plans for more than 10 years and have developed a productive relationship with
roles that fits the strengths of our firms. Our collective
experience, combined with creative talent, results in very
satisfied clients, happy park users, proud communities, and industry awards.
A SAMPLE OF OUR STAFF MEMBERS’
PAST AND PRESENT ENViRONMENTAL/
MANAGEMENT PLANS iNCLUDES:
East Big Thompson River
Management Plan
Larimer County Parks
Master Plan, RMP/EA, and
Conceptual Designs
Draper Open Space Plan
Berthoud Open Space
Strategy
Wonderland Lake
Master Plan
Viestenz-Smith Mountain
Park Redesign
River’s Edge Natural Area
Mehaffey Park
Arkansas Headwaters
Recreation Area
Management Plan
Revision
BLM Browns Canyon
National Monument
Management Plan and EiS,
Colorado
Sloan Canyon National
Conservation Area Trails
Master Plan/EA
Fossil Creek Reservoir
Management Plan, Master
Plan and Site Design
Houts/Equalizer
Reservoirs and High Plains
Environmental Center
Master Plan
Big Thompson River
and Little Thompson
Watershed Restoration
Master Plans
Larimer County Open
Lands Master Plan
Fort Collins Natural Areas
Master Plan
Our Land, Our Future
Regional Conservation
Study
Parks, Recreation,
Open Space, and Trails
Master Plan for Colorado
communities such as
Steamboat Springs, Delta,
Timnath, Craig, Pueblo
West, Greeley, and more
Fall River Trail Extension
22 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
EAST BIG THOMPSON RIVER NATURAL AREA MANAGEMENT PLAN | LOVELAND, COLORADO
Reference: Brian Hayes, Land Agent, Parks and Recreation Department | 500 E Third Street, Suite 200, Loveland, Colorado 80537 | P: 970.962.2726 | E: hayesb@ci.loveland.co.us
Working with the Open Lands & Trails staff, Logan Simpson developed a Natural Area Management Plan for 250 acres of recently conserved property along approximately 1.5 miles of the Big Thompson River at the east edge of Loveland. The purpose was to define a vision for trailheads, trail alignments, recreational features, restoration, and the long-term
management of a collection of lands that are in fee title-ownership and conservation easements prior to opening the
area to the public. The corridor will eventually be part of a larger regional trail system and has tremendous potential for
multi-use and water trails, birdwatching, fishing, and interpretation as part of the City’s Open Lands system.
Logan Simpson’s team created resource maps, facilitated site visits with City and partner staff, and synthesized the key
features, opportunities, and challenges graphically. During the second phase of the project, Logan Simpson conducted a workshop to define the recreational program, and articulate project vision/goals. Preliminary alternatives for trailheads, trail alignments, and management zones were also explored. Logan Simpson’s team identified areas where the wildlife
habitat and ecological function of the site could be enhanced, and where public access may compromise wildlife values.
The final plan included an overall master plan vision, management actions, and budgetary cost estimates, and was endorsed by Colorado Open Lands, who holds a conservation easement over a large portion of the site.
Jana McKenzie was the Principal landscape architect and Logan Simpson’s staff supported with wildlife and vegetation resource surveys, community engagement activities, and production of illustrative graphics and simulations.
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 23
GET OUTDOORS GREELEY STRATEGIC PLAN | GREELEY, COLORADO
Reference: Justin Scharton | Superintendent | Natural Areas & Trails Division | 321 N 16th Avenue, Greeley, Colorado 80631 | O: 970.350.9412 | C: 970.590.1705
| E: Justin.Scharton@Greeleygov.com
At a time when visitors need natural areas most, the City of Greeley was challenged economically and future funding for operations and maintenance
of Natural Areas & Trails was uncertain. Logan Simpson worked with the City
of Greeley and a large, diverse Steering Committee to develop Get Outdoors
Greeley, A 5-year Strategic Plan for Natural Areas, Open Lands, and Trails. In 2019 the City created a new Natural Areas & Trails Division. This Strategic Plan represents the Division’s inaugural goals and work plan for future
acquisition, restoration, long-term stewardship, capital project prioritization,
and sustainable funding of priority lands and infrastructure, and builds upon
the City’s existing planning efforts.
GIS was used to develop priority conservation areas by analyzing 10-minute
walkability, areas of ecological signification, and the City’s Future Land Use map. These high priority areas were grouped into five categories: River Corridors, Riparian Corridor/Greenway, Bluffs, Agricultural uses/Community
Separators, and Nature Deficit Areas.
The Strategic Plan recommends which investments will bring the greatest and most equitable benefits of nature closer to home. While Natural Areas &
Trails currently manages over 1,000 acres of natural areas and over 30 miles
of off-street trails, current funding levels are not sufficient for meaningful
land acquisition, restoration, capital replacement, or connections with the community through environmental education or volunteer services. A detailed Appendix of action items identifies high and medium priorities for next 5 years,
as well as future projects if the funding outlook should change. A suite of
carefully selected indicators were defined to present a compelling summary
of achievements and challenges that can be shared in the Strategic Plan and through subsequent annual reports.
A broad and inclusive Steering Committee provided technical expertise and support throughout the planning process. The committee included subject experts within the City’s organization and community partners who
offer advocacy and expertise from additional perspectives and are both
implementers and end-user constituencies of the Plan. Over the course of
four in-depth worksessions, the Steering Committee helped advance shared priorities within their area of expertise as key advisors and built consensus through working collaboratively with the Core Team. Virtual events were held to
refine recommendations and numerous presentations were given to the City’s
boards and commissions, including Parks and Recreation, Water & Sewer,
Stormwater, Human Relations Commission, Youth Commission, Commission on Disability, and Planning Commission.
24 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
FALL RIVER TRAIL EXTENSION | ESTES PARK, COLORADO
Reference: Ryan Barr, Civil Engineer I / Pavement Manager | Public Works Department | 170 MacGregor Avenue, P.O. Box 1200, Estes Park, Colorado 80517 | C: 719.205.6623 | P: 970.577.3575 | E: rbarr@estes.org
As a subconsultant to Otak, Logan Simpson led the public involvement activities and developed the landscape restoration plans for an extension of the Fall River Trail, an eight-foot wide, two and one-half mile concrete multi-purpose trail near the south side of US 34 between Estes Park and the Fall River Entrance to Rocky Mountain National Park. Logan
Simpson also supported Otak and Town of Estes Park with NEPA analysis and compliance by completing technical
evaluations to identify potential impacts associated with the project. Evaluations consider the natural environment,
cultural resources, air quality, noise, socioeconomics/human environment, hazardous materials, and water resources. Otak provided an alternative trail alignment study, hydraulic analysis / floodplain development permitting, structural design of two bridges and final construction documents for the trail and bridges.
Logan Simpson was awarded additional tasks to complete a Waters of the U.S. jurisdictional delineation and a Section 404 Permit, as well as Class III Cultural Resources Survey.
1.B. DEMONSTRATED FINANCIAL WHOLENESS TO CARRY FIRM THROUGH THE PROJECT
Logan Simpson has provided environmental and planning services since 1990. We are financially stable, have never filed for reorganization or bankruptcy, and recently went through an internal ownership transition, ensuring that our firm can remain Logan Simpson for many years to come. Our growth as a firm is carefully controlled to ensure that excellence is
maintained if we expand, and our internal structure is designed to support our staff size and customer base. In addition
to smaller projects, Logan Simpson regularly completes concurrent, multi-year-long projects ranging from $1 to $6
million in value. Based on our success with previous and existing contracts, we are confident that our firm has more than enough financial resources to meet the needs for this contract. Financial references are available upon request.
1.C. DEMONSTRATED ABILITY TO COMPLETE THE MINIMUM TASKS AS REQUESTED
Logan Simpson’s project experience, listed above in Section a, demonstrates our ability to complete master planning
and resource management projects similar to the scope of this assignment. Our staff is available and ready to embark
on the project. Additionally, our proposed approach and scope of work detail our process and approach to completing—and exceeding expectations on—the City’s task list.
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 25
2. SCOPE OF SUBMISSION
The following project approach addresses the RFP’s evaluation criteria listed under section 2.a, 2.b, and 2.c and has
been reorganized with 2.a following 2.b and 2c..
2.B DEMONSTRATED KNOWLEDGE OF OPEN SPACE MANAGEMENT AND
2.C DEMONSTRATED KNOWLEDGE OF GOVERNMENT PRACTICES
Open space and trails have the power to unite a community, conserve valuable natural assets, and provide a significant
economic impact as a regional recreation destination. Parks and trail systems serve a special purpose in the social fabric of the community as a backdrop for social interaction and setting for life’s special moments. Our team recognizes the City’s achievement in establishing the highly valued Wheat Ridge Greenbelt and Clear Creek Trail, and its desire
for ongoing success in managing and improving this recreation destination in harmony with adjacent neighborhoods
through improved connectivity and continued conservation of strategic open space, such as Lena Meadows which
provides the surrounding neighborhoods with a natural area to observe nature, walks, and simply enjoy the outdoors.
Building on the City’s successful implementation of the 2002 Open Space Management Plan, our team proposes a
comprehensive approach to developing the Wheat Ridge Open Space Management Plan that is informed by the
scope of work identified in the Request for Proposals (RFP); our extensive open space/
trail planning, design, and management
experience; a critical analysis of the
greenbelt and trail corridor; and a thoughtful
and thorough public engagement process that reveals the community’s preferences
and priorities for these well-loved assets.
Our team will utilize a multi-phased approach to achieve these objectives and produce
a compelling and actionable management
plan. Our process is organized around seven
(7) major tasks:
Task 1: Discovery & Direction-Setting
Task 2: Community Outreach
Task 3: Existing Conditions Analysis
Task 4: Vision, Goals, and Alternatives
Task 5: Preliminary Recommendations
Task 6: Identify Preferred Plan
Task 7: Final Plan and Adoption
The details of each task are summarized on the following pages. EAST BIG THOMPSON RIVER NATURAL AREA MANAGEMENT PLAN 49
APPENDIX A.
JULY 20, 2020 PUBLIC OPEN HOUSE COMMENTS
What do you like the most about this plan?
“That you are building lots of trails in Loveland. We are for it. Recreational and bike areas are great!”
“Glad building the trails + access!”
“Use of existing structures w/trailhead access off Co. Rd. 20”
“Inclusions of soft surface trail alongside multi-use path”
“Agricultural restoration at proposed trailhead”
“comment: The post cards were great! I also enjoyed how informed Jana was – she answered all of my questions.”
Excerpt of public comments from the East Big Thompson River open house
26 PROPOSAL SUBMiTTED BY LOGAN SIMPSON0200400100Feet
Lake V
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ountain View
Wildlife, Lak
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WonderlandLake
8’ Width
10’ Width
4’ Width
Slope:10%
Slope:15%
Slope:5-6%
Slope:10%
Foothills NatureCenter
10’Width
Wonderland Hills Neighborhood
North WonderlandNeighborhood
PedestrianUnderpass
Utica Ave
Poplar Ave
Quail C
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Sumac Ave
Redwood Ave
Tamarack Ave
GithensLateral
Dam
Dam FaceSlope: 50%
DamOutlet
Spillway
Peninsula
Norwood/QuinceNeighborhood
Foothills South Trail
Silver Lake Ditch
Storm
Draina
geIrrigationHeadgate
PedestrianBridge
IrrigationHeadgate
Storm Water Pipe
Irrigation Lateral
Storm Drainage
100’ Buffer
Legend OPPORTUNITIES & CONSTRAINTS
Approx. High Water Line - EL. 5536.510’ Contour1’ Contour
Approx. Reservoir 1’ Contour
Project Boundary Surface Ditch, Lateral, or DrainageBuried Ditch,Lateral, or Drainage
CreekPark (Boulder Parks and Recreation)Wetland and Wetland Buffer
Trees to be Removed
500 Year Floodplain100 Year Floodplain
Bus Stop
Approx. Dam Footprint
North9 November 2018
0 400 600100 200 Feet
Wonderland Lake Open Space
Opportunities and constraints map of Boulder’s Wonderland Lake
2.A SCOPE OF WORK/ADDRESSING ALL AREAS OF THE RFP
Task 1: Discovery & Direction SettingTask 1 lays the groundwork for the planning process through direction setting and schedule refinement with City staff, data collection, site-analyses, and in-depth review of relevant local plans and initiatives. This task also include ongoing
project coordination with a core group of City staff via emails, telephone calls, and monthly virtual progress meetings.
Project Kick-off and Ongoing Coordination
The Logan Simpson team will conduct a direction-setting kick-off workshop with the Wheat Ridge project team to ensure
a clear understanding of expectations, the planning process, schedule, communication protocols, and key objectives. Additionally, project kick-off will include an on-site tour of the city’s open spaces and key assets and a visioning and ideation session with the core project team to identify opportunities, constraints, & new ideas for the Greenbelt, Clear
Creek Trail, Lewis Meadows, and other Wheat Ridge open spaces. Monthly meetings with the core project team will
ensure continued coordination towards meeting project milestones efficiently and on schedule.
Preliminary Research
During this stage, our team will couple analysis of the built and natural environment with extensive research and review of existing local and regional plans, maps, and policy initiatives that have implications for the study area. These include the 2002 Open Space Management Plan, the 2010 Bicycle & Pedestrian Master Plan, 2009 Envision Wheat Ridge
Comprehensive Plan, 2019 Neighborhood Revitalization Study, and the Let’s Talk report series for greenbelt-adjacent
neighborhoods such as Anderson Park and Fruitdale.
Findings from our GIS & field analysis, City staff’s local expertise, and a thorough knowledge of current and future
plans, will equip our team to approach the community engagement task with an informed understanding of the City’s
opportunities, challenges, and context for public outreach.
Deliverables
• Detailed Project Schedule • Existing Plans Summary
• Preliminary Analysis Maps
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 27
Task 2: Community OutreachWe prefer to engage the community in fun, interactive ways and develop a data-driven process, ultimately leading to
empirical and rational decisions. While other firms may rely solely on non-traditional outreach such as social media and
idea boards, we utilize non-traditional outreach as a fundamental component of an engagement process - an invitation
to participate in a more continuous and detailed way throughout the development of the plan. This encourages the community to participate in a way and at a level in which they feel most comfortable. The payoff for such effort is informed, engaged, and excited members of the community willing to champion both the process and the final Plan.
Additional information on our community outreach approach is addressed in Section 3.b.
Stakeholder Interviews
We begin by listening to community stakeholders, inviting them to provide insight on desired qualities, challenges,
and opportunities to address in this Plan process. Logan Simpson will conduct brief stakeholder interviews (in-person if in tandem with the kickoff tour or by phone) individually with each City
council member, and key neighborhood
representatives, underrepresented
communities, school aged groups, resource interest groups, and business owners. During these interviews,
the consultant team will gain an
understanding of the community values,
begin to understand the priority for open space and trail facilities, and discuss barriers to equitable participation in
these activities.
Parks and Recreation Commission
Input and review from the parks and
Recreation Commission will be vital to the success of the plan long-term. Logan Simpson will prepare agendas
and materials, facilitate the meetings,
complete summary notes, and track action
items. We assume the City staff will keep the Commission and other committees aware of the project’s progress outside
of consultant presentations and manage
communications.
City Council Work-sessions
In addition to the stakeholder interviews and adoption, one work-session will be held during the plan development
to gather input on the alternatives and
preliminary recommendations.
Community Events
Our community outreach will focus around the three major phases – Listening, Alternatives, and Preliminary
Recommendations. From top: Presentations by the public at Loveland’s Mehaffey Park design process and a public
meeting at Horsetooth Reservoir for the RMP/EA.
28 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
The scope recommends attending three in-person events that are already being hosted by the City, such as the Prospect Park Grand Opening or weekly outdoor performances at Anderson Park. In our experience, attending an event gathers more participation versus coming to a standard open house. Logan Simpson will develop meeting materials,
provide engagement activities, and attend these events. Materials can be provided to staff to attend other smaller
engagement events.
Trail User Intercept Survey Assistance
Logan Simpson will provide input and assistance to a City-led effort to collect trail user demographics and preferences. The timing and budget of this project is insufficient to complete a full trail demographic study. A questionnaire could be developed to gather input trail user information which could be administered by volunteers throughout the summer.
The questionnaire would assess types of users, safety and quality perceptions, and demographic information such as
residence, age, race/ethnicity, and income. To maximize staff availability, trailhead signage could be added to include
a QR code to continually inform the public of the questionnaire and this planning process. Staff would gather, train, manage, and supply materials to volunteers. Logan Simpson will provide preliminary training materials and assist in the analysis and impacts of the results on the Open Space Plan.
Logan Simpson understands that the City has acquired and attempted to implement trail counters in the past. We assume the City would work towards re-implementing the trail counters. Preliminary data could be utilized to inform this planning process. Long-term data would be used to monitor and track progress towards the Plan’s recommendations.
PARTNERiNG WiTH UNiVERSiTY OF COLORADO
in addition to the intercept survey and other community events, Logan Simpson will partner with University
of Colorado Department of Landscape Architecture to document existing trail conditions and use at different
times of day through late spring and early summer using video and GPS location and data entries, as part
of a research project on user perceptions of urban trails. The videos can be used in online surveys to obtain
information on perceptions of quality and safety at specific locations along the Greenway. These results can be
used to justify improvements or modifications to the Greenway to reduce conflicts between different trail users,
management of transient activities, and other actions that can improve the trail experience.
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 29
Virtual Engagement
In tandem with the community events, Logan Simpson will develop two online questionnaires and two virtual community-wide events, one each during the first two phases (Listening and Alternatives). Logan Simpson will develop meeting
materials, provide engagement activities, host the meetings via Zoom platform, and facilitate these events. The first
questionnaire will be similar to the Intercept survey asking about perceptions of safety, ease of access, and quality
of facilities. The second questionnaire would gather input on alternative priorities and implementation steps. Project
information, meeting materials, notifications, and questionnaire text will be provided to the City to post on a project specific page on the What’s Up Wheat Ridge Bang the Table (BTT) website.
Public Input Summaries
Three public input summaries will be developed to track participation in the public process and highlight key information
gathered during that process. Summaries will be organized around the three major phases – Listening, Alternatives,
and Preliminary Recommendations. Summaries can be posted to the project website to inform the public of the Plan’s
progress.
Deliverables
• Meeting agendas, presentation and other materials, facilitation, and summaries
• Materials for posting on the website and for use at in-person events
• Online questionnaires and summaries
• Video clips and results of UCD GPS data and user perception survey
• Draft and final input summaries (3)
Images this page (clockwise from top): Bang the Table website for Engage Estes; online
questionnaire application; and virtual project meetings.
30 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
Task 3: Existing Conditions AnalysisTask 3 establishes a baseline of conditions through inventory, assessment, and analysis of the Greenbelt/Clear Creek
Corridor and Wheat Ridge open spaces. This task employs a two-pronged approach utilizing traditional research
methods, field observation, and geospatial analysis.
Opportunities and Challenges
Our team will document existing conditions, opportunities, and challenges within and surrounding the Greenbelt/Clear Creek Trail Corridor. We will prepare a detailed map and photo series that will provide a foundation for identifying potential trail connectivity alternatives, new access points, trail realignments and types, user amenities, access-control
options, trailhead improvements, and habitat restoration and enhancements. The data and exhibits produced during
this task will be used throughout the public engagement process.
This evaluation will include GIS and field-verified assessment of the existing built environment and natural environments
with special attention given to the location of wetlands, sensitive habitat (such as the Ute Ladies’ Tresses Orchid),
presence of invasive species, streambank stability, and overall health of the riparian buffer.
Accessibility Audit
During this task, our team will also perform an accessibility audit of major trail and open space assets to identify and evaluate physical barriers to walkability, bicycle access, and accessibility for persons with disabilities. This will include
cursory analysis of existing facilities and infrastructure against the standards of the Americans with Disabilities Act
(ADA), USDA Accessibility Guidebook for Recreation and Trails, AASHTO Guide for the Development of Bicycle Facilities,
Crime Prevention Through Environmental Design (CPTED) principles, and Complete Streets best practices, where
appropriate. The ADA analysis will be based on professional opinion and identify areas where additional study may be required to fully document slopes, surfaces, and other aspects of compliance.
Deliverables
• Opportunities and Constraints Map & Photo Series
• Accessibility Challenges Map & Photo Series
Jana Mckenzie led the planning and design processes for Fossil Creek Reservoir Regional Open Space prior to joining Logan Simpson.
Resource Management & Implementation Plan for Fossil Creek ReservoirRegional Open Space
April 2003
Planning Context
Legend
Map 2.1
0 .25 .5 mi
Resource Management Area(Fossil Creek Reservoir Area Plan, 1998)
Larimer County Open Space
City of Fort Collins Natural Area
Other Dedicated Open Space
Conservation Easement
Existing Development
Ownership Parcels
North Poudre Irrigation Company
Estate Residential/Agricultural
Low Density Mixed Use (3 DU/AC)
Low Density Mixed Use (5 DU/AC)
Multi-Family
Residential (Larimer)
Commercial
Industrial
Regional Trail
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 31
Task 4: Vision, Goals, and Alternatives
Equipped with a firm understanding of existing conditions, challenges, community priorities and preferences as identified
through initial public engagement efforts, the Logan Simpson team will work closely with the core project team to interpret and translate these findings into a unified vision and concrete goals to guide management and improvement
to the Clear Creek Trail, Greenbelt, and Wheat Ridge’s open space assets over the next five to 10 years.
Vision & Goals
Through the initial Listening phase of community engagement, our team will gain an enhanced knowledge of the
community’s shared recreation and conservation values, preferences for trail and open space experiences, barriers to
access, and priorities for future investment. Through this understanding, we’ll work with the core project team to cast a bold vision for the future of Wheat Ridge Open Space and the Clear Creek Trail.
Subsequently, we’ll collaborate with the project team to define strategic goals that support realization of the Open Space Vision. Our team will develop a framework of goals that will serve as a springboard for identifying various alternatives and opportunity choices for achieve the stated goals.
Alternatives & Choices
Our team will identify a range of alternatives to address a variety of topics including, but not limited to:
• Routes for increased neighborhood connectivity to the Clear Creek Trail
• Interventions for improved walkability & bicycle access to the trail and open spaces
• Treatments for address ADA deficiencies and opportunities for universal design
• New trailhead and trail access locations
• Improvements to existing trailheads• Enhancements to trail character, surface, and width
• Management policies for access control and long-term asset management
• Locations for streambank, riparian buffer restoration, and habitat preservation
The alternatives will be supported by maps, schematics, conceptual site plans, photo-renderings, and case-studies to
illustrate the concepts. The vision, strategic goals, alternatives, and their supporting visuals will be presented to the
public for feedback and affirmation of community preferences and priorities that will guide development of preliminary
recommendations in Task 5.
Deliverables
• Draft Vision and Goals Document• Alternatives Summary
• Proposed Neighborhood Connections and Trailheads
Map
• Stream/Riparian Enhancement Locations Map• Draft Supporting Visuals for Alternatives
• Draft Plan Document Outline
BiOLOGiCAL RESOURCE CAPABiLiTiES
Logan Simpson has a team of experienced biologists who have completed
biological reviews; biological assessments and evaluations; wildlife/species
surveys and habitat evaluations; rangeland health assessments; and invasive,
native and sensitive species plant surveys. Additionally, we regularly work
with federal land management and environmental regulatory agencies to
coordinate evaluations of proposed projects, monitor for environmental
compliance, and facilitate Endangered Species Act (ESA) Section 7
consultation with the US Fish and Wildlife Service. in addition to ESA
experience, our biologists also have extensive experience in the regulatory
requirements of the Migratory Bird Treaty Act, the Federal Land Policy and
Management Act, and other wildlife and environmental laws and regulations.
Our biology staff has the expertise and depth needed to respond on short
notice and to complete tasks under aggressive, expedited schedules.
32 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
Task 5: Preliminary RecommendationsDuring this phase of the project, we will develop preliminary recommendations based on feedback from the community
on their preferred alternatives. Recommendations categories will include:
• Open Space Restoration and Protection
• Trails and Amenities
• Preliminary Capital, Operations, and Maintenance Costs and Organizational Structure
• Stewardship and Implementation Considerations
In addition to the exhibits and text that describe recommendations listed above, specific areas within open spaces will
be enlarged to conceptually show locations of physical improvements and restoration activities.
Deliverables:
• Conceptual framework for open space, greenbelt and trails
• Concept plans
• Stewardship strategies
Task 6: Preferred Plan
The preliminary recommendations developed in Task 5 will be refined based on stakeholder, Parks and Recreation Commission, City Council,
and staff input. These will be reviewed with staff
prior to posting on the website and undergoing a
final round of stakeholder input.
Deliverables:
• Preliminary draft plan for internal review
with preliminary costs and implementation
plan
89OPEN SPACE AND TRAILS STRATEGIC PLAN
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TRAIL ACTION PLAN MAP
Open Space Classifications
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 33
Task 7: Final Plan and Adoption
Task 7 represents the culmination of the planning, research, and engagement process to finalize all findings and
recommendations into a detailed, visually-compelling, and strategic guidebook for realizing the Wheat Ridge Open Space Vision.
Draft Plan & Public Review
Our team will finalize all recommendations, maps, supporting narratives, and graphics into a complete draft plan for review
and workshopping with the core project team. Actionable recommendations will be supported by recommendations
maps and visuals refined through feedback from Tasks 5 and 6. After refining the draft with the core project team, we
will publish the draft for public review through the project engagement webpage and work with the city to announce the review period via the channels established
in Task 2: Community Outreach.
Final Plan & Adoption
Based on consolidated comments from
staff and feedback from the community,
we will refine the draft plan into a final document, which will be presented to the
Parks and Recreation Commission and
City Council for review and adoption.
Deliverables
• Draft Plan document assembly and
layout• Final Plan (digital)
• Geodatabase and Map Packages of all
GIS layers created for the project
• Final map and supporting visual
exports (PDF)
East Big T – Habita Areas map
Map D - Habitat Areas
14 EAST BIG THOMPSON RIVER NATURAL AREA MANAGEMENT PLAN
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August 24, 2020Legend
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Private
Private
Private
Private
Loveland Sports ParkCity of Loveland Private
Big Thompson PondsSWA
Private
Private
Private
Private
Private
Private
GW Railroad
East Big Thompson River Natural Area Management Plan
Map D - Habitat Areas
5th St
(City of Loveland)No Public Access
Private
34 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
3. EFFECTIVE PROJECT APPROACH
This section includes our proposed schedule and further elaborates on the scope in Section 2 to describe our ability
to reach diverse populations, be inclusive in all aspects of planning and design, and manage concerns, as listed in the RFP’s evaluation criteria 3.a, b., and c.
3.A. TIMELINE
Mar Apr May Jun Jul Aug Sep Oct
Task 1 - Discovery and Direction Setting Task 1 - Discovery and Direction Setting
Monthly core team meetings (8 virtual), Project management and internal coordination Monthly core team meetings (8 virtual), Project management and internal coordination
Data collection, base map preparation, mapping Data collection, base map preparation, mapping
Site reconnaissance/Staff worksession Site reconnaissance/Staff worksession
Existing plans review and summary Existing plans review and summary
Task 2 - Community Outreach Task 2 - Community Outreach
Stakeholder Interviews (8 City council + 8 others) Stakeholder Interviews (8 City council + 8 others)
Parks and Recreation Commission Parks and Recreation Commission
City Council Worksession City Council Worksession
Community Events with notification materials Community Events with notification materials
Trail User Intercept Survey Assistance Trail User Intercept Survey Assistance
Online Questionnaires (2), Virtual Events (2) and Web Materials Online Questionnaires (2), Virtual Events (2) and Web Materials
Input summaries Input summaries
Task 3 - Existing Conditions Analysis Task 3 - Existing Conditions Analysis
Existing site/trail conditions (Opportunities and Challenges)Existing site/trail conditions (Opportunities and Challenges)
Access Analysis Access Analysis
Task 4 - Vision, Goals, and Alternatives Task 4 - Vision, Goals, and Alternatives
Preliminary Vision and Goals Preliminary Vision and Goals
Plan Outline Plan Outline
Alternatives Improvements and Site Designs Alternatives Improvements and Site Designs
Task 5 - Preliminary Recommendations Task 5 - Preliminary Recommendations
Open Space Restoration and Protection Open Space Restoration and Protection
Trails and Amenities Trails and Amenities
Conceptual Plans Conceptual Plans
Preliminary Capital and O&M Cost Estimates Preliminary Capital and O&M Cost Estimates
Stewardship and Implementation Considerations Stewardship and Implementation Considerations
Task 6 - Preferred Plan Task 6 - Preferred Plan
Open Space Restoration and Protection Open Space Restoration and Protection
Trails and Amenities Trails and Amenities
Conceptual Plan Refinements Conceptual Plan Refinements
Capital and O&M Costs Capital and O&M Costs
Stewardship Actions Stewardship Actions
Implementation Priorities Implementation Priorities
Task 7 - Final Plan Document and Approvals Task 7 - Final Plan Document and Approvals
Draft Plan Draft Plan
Approval Meetings PRC and CC Approval Meetings PRC and CC
Final Plan Final Plan
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 35
MarAprMayJun Jul Aug Sep Oct
Task 1 - Discovery and Direction Setting Task 1 - Discovery and Direction Setting
Monthly core team meetings (8 virtual), Project management and internal coordination Monthly core team meetings (8 virtual), Project management and internal coordination
Data collection, base map preparation, mapping Data collection, base map preparation, mapping
Site reconnaissance/Staff worksession Site reconnaissance/Staff worksession
Existing plans review and summary Existing plans review and summary
Task 2 - Community Outreach Task 2 - Community Outreach
Stakeholder Interviews (8 City council + 8 others) Stakeholder Interviews (8 City council + 8 others)
Parks and Recreation Commission Parks and Recreation Commission
City Council Worksession City Council Worksession
Community Events with notification materials Community Events with notification materials
Trail User Intercept Survey Assistance Trail User Intercept Survey Assistance
Online Questionnaires (2), Virtual Events (2) and Web Materials Online Questionnaires (2), Virtual Events (2) and Web Materials
Input summaries Input summaries
Task 3 - Existing Conditions Analysis Task 3 - Existing Conditions Analysis
Existing site/trail conditions (Opportunities and Challenges)Existing site/trail conditions (Opportunities and Challenges)
Access Analysis Access Analysis
Task 4 - Vision, Goals, and Alternatives Task 4 - Vision, Goals, and Alternatives
Preliminary Vision and Goals Preliminary Vision and Goals
Plan Outline Plan Outline
Alternatives Improvements and Site Designs Alternatives Improvements and Site Designs
Task 5 - Preliminary Recommendations Task 5 - Preliminary Recommendations
Open Space Restoration and Protection Open Space Restoration and Protection
Trails and Amenities Trails and Amenities
Conceptual Plans Conceptual Plans
Preliminary Capital and O&M Cost Estimates Preliminary Capital and O&M Cost Estimates
Stewardship and Implementation Considerations Stewardship and Implementation Considerations
Task 6 - Preferred Plan Task 6 - Preferred Plan
Open Space Restoration and Protection Open Space Restoration and Protection
Trails and Amenities Trails and Amenities
Conceptual Plan Refinements Conceptual Plan Refinements
Capital and O&M Costs Capital and O&M Costs
Stewardship Actions Stewardship Actions
Implementation Priorities Implementation Priorities
Task 7 - Final Plan Document and Approvals Task 7 - Final Plan Document and Approvals
Draft Plan Draft Plan
Approval Meetings PRC and CC Approval Meetings PRC and CC
Final Plan Final Plan
36 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
3.B. DIVERSE POPULATIONS AND MANAGEMENT OF CONCERNS
Our approach is carefully crafted to engage the community and targeted stakeholders at critical milestones in the process and will be refined and adjusted as needs as the project evolves; our proposal builds in flexibility to support
public engagement in the manner that is most appropriate at the time. Building on the “Let’s Talk” efforts via the “What’s
Up Wheat Ridge” BTT website, Logan Simpson will support the City in diverse and engaging outreach events and tools.
Many City residents have access to a computer and a smartphone. Recently there has been an increasing acceptance and use of digital techniques, which in turn has helped increase contact and email lists, social media followers, and the digital audience. BTT has told us that Logan Simpson uses their platform more than any other consultant firm in the
US. We have been using the platform since 2018 for over 30 projects and have continued to adapt to their front and
back-end updates to ensure that project websites are high quality and inviting. Logan Simpson has collaborated closely
with BTT on several recent projects, including envisionhamilton.com, engageestes.org, www.lakewoodtogether.org/imaginetomorrow, and many others. Logan Simpson and BTT collaborated on a Colorado American Planning Association presentation on community engagement that garnered nearly 400 participants.
All project messaging and notification of engagement opportunities can be provided in both English and Spanish, and Wheat Ridge’s BTT website can include a Google Translation plug-in that automatically translates the website content.
If customized surveys or meeting materials are needed in Spanish, they can be provided.
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 37
Our team will ensure we also offer in-person connections to address the senior community, trail users, underrepresented
populations, and members of the community who want to convey comments face-to-face. We strive to reach the
public where they will already be and have found this to be much more successful in receiving input from a broad and
representative public. Public engagement can take many forms, from meeting residents and staff put on the trail to hosting a booth at a concert in the park event. We will track our results by user group, location, age, neighborhood, race/ethnicity, business owner, or visitor. Virtual or in-person; we know what works!
We understand the safety concerns that the community has expressed regarding increases in crime and presence of homeless people in the Greenbelt, parks, and neighborhood. We have staff that are currently undergoing accreditation
by the National Crime Prevention Through Environmental Design (CEPTD) organization and will involve first responders
in this planning process to identify areas that warrant special design solutions and/or increases in surveillance.
We also thoroughly understand regulations and best practices for meeting accessibility goals and requirements.
Our philosophy is to go beyond minimum requirements and design spaces that are comfortable for people of all
ages and abilities. This means creating meaningful experiences for people who are less mobile, or who have
physical or mental impairments. There are many new elements in open space trail systems that improve the level of service for specific disabilities that we can present for consideration to staff and the community, such as trail difficulty and length information, sensory pavements, guide rails, resting benches with companion seating, web-based audio
guides, and more.
3.C. INCLUSIVE APPROACH
Our inclusive approach is detailed in Sections 2 and 3, and covers all requests of this RFP.
38 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
4. PRICE
4.A. LUMP PRICING
Labor Expenses Total
Task 1 - Discovery and Direction Setting
Monthly core team meetings (8 virtual), Project management and internal coordination $7,516 $0 $7,516
Data collection, base map preparation, mapping $2,932 $0 $2,932
Site reconnaissance/Staff worksession $4,400 $75 $4,475
Existing plans review and summary $556 $0 $556
Subtotal Task 1 $15,404 $75 $15,479
Task 2 - Community Outreach
Stakeholder Interviews (8 City council + 8 others) $2,576 $0 $2,576
Parks and Recreation Commission $2,972 $150 $3,122
City Council Worksession $1,672 $75 $1,747
Community Events with notification materials $8,729 $700 $9,429
Trail User Intercept Survey Assistance $2,402 $0 $2,402
Online Questionnaires (2), Virtual Events (2) and Web Materials $6,273 $0 $6,273
Input summaries $3,475 $0 $3,475
Subtotal Task 2 $28,099 $925 $29,024
Task 3 - Existing Conditions Analysis
Existing site/trail conditions (Opportunities and Challenges)$3,076 $0 $3,076
Access Analysis $3,140 $0 $3,140
Subtotal Task 3 $6,216 $0 $6,216
Task 4 - Vision, Goals, and Alternatives
Preliminary Vision and Goals $1,508 $0 $1,508
Plan Outline $778 $0 $778
Alternatives Improvements and Site Designs $6,672 $0 $6,672
Subtotal Task 4 $8,958 $0 $8,958
Task 5 - Preliminary Recommendations
Open Space Restoration and Protection $1,770 $0 $1,770
Trails and Amenities $3,816 $0 $3,816
Conceptual Plans $5,002 $0 $5,002
Preliminary Capital and O&M Cost Estimates $3,208 $0 $3,208
Stewardship and Implementation Considerations $2,272 $0 $2,272
Subtotal Task 5 $16,068 $0 $16,068
CITY OF WHEAT RIDGE RFP-22-OPEN SPACE MANAGEMENT PLAN 39
Labor Expenses Total
Task 6 - Preferred Plan
Open Space Restoration and Protection $1,586 $0 $1,586
Trails and Amenities $2,490 $0 $2,490
Conceptual Plan Refinements $2,168 $0 $2,168
Capital and O&M Costs $2,712 $0 $2,712
Stewardship Actions $1,668 $0 $1,668
Implementation Priorities $2,146 $0 $2,146
Subtotal Task 6 $12,770 $0 $12,770
Task 7 - Final Plan Document and Approvals
Draft Plan $7,852 $0 $7,852
Approval Meetings PRC and CC $1,440 $0 $1,440
Final Plan $2,134 $0 $2,134
Subtotal Task 7 $11,426 $0 $11,426
TOTAL $98,941 $1,000 $99,941
4.B. ADDITIONAL POSSIBLE COSTS
Logan Simpson has not identified any additional costs that the City may not have considered. We do welcome the opportunity to discuss and negotiate the above scope of work and associated lump pricing.
40 PROPOSAL SUBMiTTED BY LOGAN SIMPSON
THIS PAGE IS INTENTIONALLY BLANK
Vendor Amount Pre-Proposal 1 2 3 4 5
The Architerra Group, Inc. 99,994.00$ Yes 90 80 92 85 91
DTJ Design Inc. 95,000.00$ Yes 75 75 91 70 83
EnviroPlan Partners, LLC 49,543.60$ Yes 61 30 72 60 59
Logan Simpson Design Inc. 99,941.00$ Yes 80 90 97 90 93
Mundus Bishop Design, Inc. 100,000.00$ Yes 80 85 87 80 90
DTJ 78.8
Architerra 87.6
Mundus 84.4
Logan 90
Average Scores
Rank
2
4
5
1
3
ATTACHMENT 2
ITEM NO: 7
DATE: March 28, 2022 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 17-2022 – A RESOLUTION AMENDING THE 2022 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 TO ACCEPT
GRANT FUNDS FROM THE COLORADO DEPARTMENT OF
LOCAL AFFAIRS FOR THE PURPOSE OF AWARDING A
CONTRACT AND APPROVING SUBSEQUENT PAYMENTS TO CZB LLC FOR AN AFFORDABLE HOUSING STRATEGY AND ACTION PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO ___________________________ __________________________
Community Development Director City Manager ISSUE: Addressing affordable housing is one of the City and state’s most pressing issues. The Colorado Department of Local Affairs (DOLA) awarded the City a grant in the amount of $112,500 for an
Affordable Housing Strategy and Action Plan (“Plan”) in October 2021. On February 18, 2022,
the firm czb LLC was selected by the City’s established procurement process to perform the required professional services for completion of the Plan. This resolution amends the City’s 2022 budget in the amount of $150,000, accepts the grant award from DOLA and awards the contract to czb LLC.
PRIOR ACTION: City Council unanimously approved a resolution of support on September 13, 2021, for the grant application and related potential budget allocation for the Affordable Housing Strategy and Action Plan.
Council Action Form – Affordable Housing Strategy and Action Plan Budget Supplemental March 28, 2022
Page 2
FINANCIAL IMPACT: The total project budget will not exceed $150,000. The City was awarded $112,500 in October
2021 by the Colorado Department of Local Affairs (DOLA) and the grant program requires a
25% match. The City’s match will be $37,500 which combined with the grant funds comprise the total project budget of $150,000. The grant funds will be provided to the City on a reimbursement basis, therefore this budget supplemental is for the project’s total cost. The City can be reimbursed up to $112,500 for project expenses from DOLA through their new
Affordable Housing Planning Grant Program. The City’s match funds are available in the
General Fund undesignated reserves in 2022. BACKGROUND: State House Bill 21-1271 established a new program to support local governments in developing
affordable housing strategies; the program is administered by the Department of Local Affairs
(DOLA). This DOLA program recognizes that affordable housing is one of the biggest issues facing the state. The City has minimal adopted policy addressing affordable housing, nor any recent housing-related community-specific analysis or programmatic guidance. The City’s comprehensive plan is from 2009 and is still a couple years from being updated; the Housing
Diversification Study was adopted in 2014, but it is not specifically focused on affordable
housing and much has changed in the Wheat Ridge housing market in the intervening 7 years. Jefferson County periodically completes community needs assessments, but it is not specific to Wheat Ridge. This lack of guiding documents coupled with an increasing concern about this issue from residents and City Council members means this DOLA program represents a well-
timed opportunity to advance a City-specific strategy on affordable housing.
On February 18, 2022, the firm czb was selected by the City’s established procurement process to perform the required professional services for completion of the Plan. The procurement process included review by a six-person evaluation committee of responses to the Request for
Qualifications (RFQs). Qualifications were submitted by four firms, followed by interviews with
two top-scoring firms. The project will be largely technical in nature with a comprehensive review of data, needs, gaps, and the variety of tools that can support affordable housing. The process is proposed to occur
from April to October 2022 and include community and City Council engagement. This topic is
tentatively scheduled for a City Council Study Session on the May 2, 2022. Attachment 2 includes a more detailed work plan from czb. Key stages of the project include:
• Policy direction from City Council;
• Community engagement opportunities and focused stakeholder discussions (e.g., with affordable housing developers) early in the project to share ideas and help define housing needs and later to review the draft framework for the Plan;
• A preliminary analysis of trends in the Wheat Ridge housing market using data from a
range of sources (April/May);
• A housing needs assessment based on the data analysis and stakeholder discussions;
• An analysis of the land use, financial, and policy tools listed in State HB 21-1271 (as
required by the grant) and an assessment of which tools could be most impactful in
Council Action Form – Affordable Housing Strategy and Action Plan Budget Supplemental March 28, 2022
Page 3
Wheat Ridge (e.g., zoning code changes, partnerships, etc.);
• An analysis of opportunity sites, such as the Lutheran Legacy Campus; and
• A final Strategy and Action Plan that brings together the analysis and needs assessment to define the City’s housing policies (e.g., what types of housing the City would like to better support) and set forth a proactive action plan. RECOMMENDATIONS: Staff recommends that City Council fund the Affordable Housing Strategy and Action Plan and amend the budget accordingly. In addition, Staff recommends awarding the professional services contract to czb, LLC, in an amount not to exceed $150,000, to carry out the scope of work for the Affordable Housing Strategy and Action Plan.
RECOMMENDED MOTION: “I move to approve Resolution No. 17-2022, a resolution amending the 2022 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of funding the Affordable Housing Strategy and Action Plan and
accepting grant funds from the Colorado Department of Local Affairs.” Or, “I move to deny Resolution No. 17-2021, a resolution amending the 2022 fiscal year General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $150,000 for the purpose of funding the Affordable Housing Strategy and Action Plan and accepting grant funds from the Colorado Department of Local Affairs for the following reason(s) __________________________.” REPORT PREPARED/REVIEWED BY: Jeff Hirt, Senior Neighborhood Planner Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 17-2022 2. czb Work Plan
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 17 Series of 2022 TITLE: A RESOLUTION AMENDING THE 2022 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $150,000 TO ACCEPT GRANT FUNDS FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR THE PURPOSE OF AWARDING A CONTRACT AND APPROVING SUBSEQUENT PAYMENTS TO CZB LLC FOR
AN AFFORDABLE HOUSING STRATEGY AND ACTION PLAN
WHEREAS, the City received a $112,500 grant from the Colorado Department of Local Affairs (DOLA) Affordable Housing Planning Grant Program which requires a City match of $37,500 (25%) to complete an Affordable Housing Strategy and Action Plan;
and
WHEREAS, the City Council wishes to accept and appropriate these funds for the total project cost into the 2022 Fiscal Year General Fund budget with subsequent reimbursements up to $112,500 from DOLA; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
Section 1. Budget Amended A transfer of $150,000 is hereby approved from General Fund undesignated reserves to account 01-121-700-750 and the 2022 revenues are amended accordingly.
Section 2. Contract Approved
A contract with czb LLC is approved to perform the required professional services for completion of the Affordable Housing Strategy and Action Plan. DONE AND RESOLVED this 28th day of March, 2022.
________________________________ Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
1 czb Wheat Ridge Project Scope
Task 1: Preliminary Research and Analysis
Timing: April and May
Examine demographic, economic, and housing trends and conditions relevant to Wheat
Ridge’s housing affordability situation. Data sources include but are not necessarily limited
to:
• US Census (American Community Survey and Longitudinal Employer-Household
Dynamics)US
• US Bureau of Economic Analysis (BEA)
• US Bureau of Labor Statistics (BLS)
• Recent rent data (e.g. Apartment List, etc)
• Recent sales data from MLS and Core Logic
• Construction cost estimates (RS Means)
We will use these data sources to paint a picture of Wheat Ridge’s housing market both in
the period 2000-2020 and, to the extent possible, given Covid and related dynamics, since
2020, documenting the trends bearing on current affordability and the implications of
historical and current market conditions.
During meetings and events listed below, we will gather feedback from specific groups
with specific domain expertise in Wheat Ridge, as well as from the general public on the
preliminary analysis as well as input about issues and concerns that will inform the Needs
Assessment.
Virtual Meetings/Phone Calls:
• Developers/Realtors, as needed
• Wheat Ridge Housing Authority, as needed
• Foothills Regional Housing, as needed
• Jefferson County agencies, as needed
• CHFA, as needed
• Senior housing providers
• Other providers and advocacy organizations delivering housing and services across the
continuum of housing need
• City Staff twice monthly project management calls
In Person Meetings/Events
• City Council
o Early to Mid-May, RE: Preliminary Data and Council Aspirations
• Race and Equity Task Force
o Early to Mid-May, RE: Preliminary Data and Task Force Aspirations
• General Public
o Open House Early to Mid-May, RE: Preliminary Data and Feedback
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
Task 1: Preliminary Research and Analysis
Deliverables
• Initial Hypotheses (conveyed to staff), May
• Technical Memo #1, Preliminary Analysis, May
• Public Facing Materials for Web (What’s Up Wheat Ridge) and Open House, May
ATTACHMENT 2
2 czb Wheat Ridge Project Scope
Task 2: Draft Needs Assessment
Timing: May and June
Defining “Housing Needs” within the context of the city’s affordability challenges will
require iterative back and forth between the czb team and City Staff. Quantitative analysis
and qualitative input from specific groups in Task 1 will help establish general parameters,
but Staff will be in a unique position to help interpret the initial findings in order to define
needs that make sense within the Wheat Ridge context.
Key components of the needs analysis will include, but not necessarily be limited to:
• Gap Analysis, quantifying rental and ownership affordability gaps by income level
• Cost Burdens, quantifying lack of affordability for renters and owners by income level
• Current and Potential Housing Needs for specific populations, based on quantitative
data and insights from local agencies and providers. May include:
o Seniors
o Disabled
o Veterans
o Homeless
• Housing Supply Analysis, quantifying existing housing variety (amount by type) to
diagnose potential mismatches with likely affordability opportunities, such as how many
units (by type, if possible) may be enabled through zoning rule changes on commercial
corridors or key locations as part of the options/actions analysis.
• Inclusive of considerations of Naturally Occurring Affordable Housing (NOAH) units
o “Catch up” unit quantities to close existing gaps
o “Keep up” unit quantities to maintain affordability over time
Virtual Meetings/Phone Calls:
• Follow ups with agencies from Task 1 as needed
• City Staff twice monthly project management calls
Meetings/Events
• None
Task 2: Draft Needs Assessment
Deliverables
• Technical Memo #2: Draft Needs Assessment, June
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
3 czb Wheat Ridge Project Scope
Task 3: Tools Analysis
Timing: June and July
We will provide an analysis of the following tools listed in House Bill 21-1271 to determine
whether and how much affordability may be increased by their use:
1. Use of vacant publicly owned real property (with inventory and volume implication
analysis)
2. Program to subsidize or otherwise reduce local development review or fees
3. Expedited review process for affordable housing (with estimated savings relating back
to scenarios/pro formas)
4. Expedited development review process for acquiring or repurposing underutilized
commercial property
5. Density bonus program
6. Sub-metering of utility charges for affordable housing projects
7. Subsidies for infrastructure costs incurred by affordable housing development
8. Granting duplexes, triplexes, or other appropriate multi-family housing options as a use
by right
9. Classification of a proposed affordable housing development as a use by right when it
meets density and design standards of a given zoning district
10. Authorizing ADUs as a use by right in single-family zoning districts
11. Allowing (or better supporting) PUDs with integrated affordable housing (known as
Planned Developments in Wheat Ridge)
12. Allowing (or better supporting) the development of small square footage residential unit
sizes
13. Lessened minimum parking requirements for new affordable housing
14. Creation of a land donation, land acquisition, or land banking program
We will also analyze additional tools, with an eye on actual yield and realistic additional
enhancements likely needed, including but not necessarily limited to:
• Inclusionary requirements
• Fee-in-lieu or housing impact fees
• Locally sourced funding programs and partnerships
We expect to confer with experienced, local developers able to test our thinking and provide
guidance on real-time financing, market, and land and construction costs will be valuable at
this stage to make sure that analysis is as reflective as possible of actual conditions.
The Tools Analysis will use hypothetical pro forma analysis to illustrate the impact of tools
on yields, prices, and/or rents. (Tools analysis will also run concurrent with the opportunity
sites analysis, so that tools may potentially be tested against actual sites.)
The Tools Analysis will include a system for grading the tools, co-created by Staff and the
czb team, and organized by czb’s “give-get” framework where deployment of any tool or
combination of tools will have pluses as well as minuses that Wheat Ridge will eventually
have to weigh.
Task 3: Tools Analysis
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
4 czb Wheat Ridge Project Scope
Effectively this will be a cost/benefit analysis with tradeoffs clearly described. The technical
memo containing the analysis will include recommendations as to which tools should
clearly be considered for future implementation, which should be considered for future
implementation with conditions, and which should not be considered.
Virtual Meetings/Phone Calls:
• Developers as needed
• City Staff twice monthly project management calls
Meetings/Events
• Interviews and consultations with developers, June and July
Deliverables
• Technical Memo #3: Tools Analysis, July
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
5 czb Wheat Ridge Project Scope
Task 4: Opportunity Sites AnalysisTiming: June and July
Running concurrently with Task 3: Tools Analysis, we will work with Staff to identify and
analyze potential opportunity sites, both for new infill on vacant parcels and adaptive
re-use potential for (possibly anonymized) actual locations. This may include both specific
sites, such as the Lutheran campus, and types of sites, such as shallow or deep commercial
corridor sites that could be repurposed. Defining what constitutes an opportunity site within
the Wheat Ridge context will require careful oversight and guidance from Staff.
Given the importance of the Lutheran campus, the Opportunity Sites Analysis will provide
multiple housing development scenarios, with assumptions and parameters to be jointly
agreed upon by Staff and czb. Such scenarios might include:
• Three scenarios that will conform to existing City Charter limitations on height and
density.
• Three scenarios that will not conform to existing City Charter limitations on height and
density.
• The comparison between the two sets will illustrate the impact of the Charter
limitations.
Opportunity Sites Analysis will provide scenarios for each identified site or type of site,
including six Lutheran scenarios, and provide the following:
• Comparisons of hypothetical scenarios for each site or site type
• Pro forma analysis
• Not-to-scale, representative 2-D high-level site plans
• Precedent imagery of housing/building types within each set of scenarios.
Virtual Meetings/Phone Calls:
• Developers as needed, June and July
• City Staff twice monthly project management calls
Meetings/Events
• None
Task 4: Opportunity Sites Analysis
Deliverables
• Technical Memo #4: Opportunity Sites Analysis, July
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
6 czb Wheat Ridge Project Scope
Task 5: Strategy and Action Plan DevelopmentTiming: July through September
Once the Draft Needs Assessment, the Tools Analysis, and the Opportunity Sites Analysis
have all been completed, we will work with Staff on how needs, tools, and sites can be
brought together to form both an overall strategy for the city and specific recommendations
as appropriate. The application of some tools may be appropriate independent of geography
and others may be highly dependent on location.
As the outlines of a strategy begin to take shape, but before any possible recommendations
become final, we will bring Draft Needs Assessment findings and emerging strategic
concepts to key groups for feedback. This feedback will help to shape a final Needs
Assessment and Affordable Housing Strategy document to be presented at City Council at
the conclusion of the project.
In Person Meetings/Events:
• City Council
o Early to Mid-August, RE: Draft Needs Assessment and Strategy Preview
o Late September, RE: Final Presentation and Adoption
• Planning Commission
o Early to Mid-August, RE: Draft Needs Assessment and Strategy Preview
• Race and Equity Task Force,
o Early to Mid-August, RE: Draft Needs Assessment and Strategy Preview
• General Public
o Open House, Early to Mid-August, RE: Draft Needs Assessment and Strategy Preview
Meetings/Events
• None
Task 5: Strategy and Action Plan Development
Deliverables
• Technical Memo #5: Potential Strategic Directions, August
• Public Facing Materials for Web and/or Open House Format, August
• Final Needs Assessment, Strategy, and Action Plan Document, September, inclusive
of but not limited to:
o Policy Foundation for Affordable Housing
• Definition(s) of “Affordable” for Wheat Ridge
• Defined Housing Needs by Type and Cohort
o Policy Response Options
• Analysis of Tools
• Analysis of Opportunity Sites
• Ideal Housing Types for Opportunity Sites
o Strategy and Recommended Actions
• Land Use, Regulatory, and Financial Policies to Support Affordable Housing
• Implementation Steps
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
7 czb Wheat Ridge Project Scope
Contingency/Follow-On ActivitiesTiming: Fall 2022 or Later
Following the completion of the Affordable Housing Strategy and Action Plan, there may
be additional need for czb’s assistance. While unknown at this time, the following types of
services could potentially be required:
• Additional City Council meetings
• Additional Planning Commission meetings
• Community Education Workshops
• Housing Development and Finance
• Affordable Housing Development and Finance
• Site Specific Strategy Sessions (staff only)
• Site Specific Public Workshops (public)
• Grant writing assistance
• Program design
• Other
Should these services be required, a change order to the contract would be appropriate with
costs to be determined based on the desired services and czb’s billing rates and expenses.
Contingency/Follow-On Activities
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
8 czb Wheat Ridge Project Scope
SCHEDULE
April May June July Aug Sept Oct Nov
Preliminary Research and Analysis
Needs
Assessment
Tools Analysis
Opportunity
Sites Analysis
Strategy Development
Contingency
/ Follow On
Needs
Meet with
City Council
Early to
Mid May -
Preliminary
Data and
Council
Aspirations
Early to Mid
August –
Draft Needs
Assessment
and Strategy
Preview
Late
September
- Final
Presentation
and Adoption
Meet with
Race and
Equity Task
Force
Early to
Mid May -
Preliminary
Data and
Task Force
Aspirations
Early to Mid
August –
Draft Needs
Assessment
and Strategy
Preview
Public Events Early to Mid
May –
Open
House -
Preliminary
Data
Early to Mid
August –
Draft Needs
Assessment
and Strategy
Preview
Deliverables Technical
Memo #1:
Preliminary
Analysis
Technical
Memo #2:
Draft Needs
Assessment
Technical
Memo
#3: Tools
Analysis
Technical
Memo #5:
Potential
Strategic
Directions
Draft and
Final Needs
Assessment,
Strategy and
Action Plan
Public
Facing
Materials
for Open
House
Technical
Memo #4:
Opportunity
Sites
Analysis
Public Facing
Materials for
Open House
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
9 czb Wheat Ridge Project Scope
BUDGET
Scope of Work – Affordable Housing Strategy and Action Planczb for Wheat Ridge, 3.17.22
The lump sum fee to complete this Affordable Housing Strategy and Action Plan is $129,000.