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HomeMy WebLinkAbout07-11-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 11, 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 July 11, 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: 853 4749 7577 Passcode: 710775 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 • June 13, 2022 City Council Meeting Minutes • June 27, 2022 City Council Meeting Minutes • June 27, 2022 Special Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: July 11, 2022 Page -2- PROCLAMATIONS AND CEREMONIES 1. 2022 Mayor’s Monarch Pledge 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. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 09-2022 – an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) (Case No. WZ-22-05) 2. Council Bill No. 15-2022 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of accessory dwelling units and making conforming amendments therewith 3. Council Bill No. 14-2022 – an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to approve appointments to Boards and Commissions vacancies 5. Resolution No. 32-2022 – a resolution supporting zero fare transit on RTD in August 2022 6. Resolution No. 31-2022 – a resolution amending the 2022 Fiscal Year Equipment Replacement Fund Budget to reflect the approval of a supplemental budget CITY COUNCIL AGENDA: July 11, 2022 Page -3- appropriation and subsequent payments in the amount of $344,448 for the replacement of police portable radios and peripheral equipment CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 13, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Korey Stites Amanda Weaver Janeece Hoppe Rachel Hultin Scott Ohm Leah Dozeman Valerie Nosler Beck Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Police Chief, Chris Murtha; Director of Parks and Recreation, Karen O’Donnell; Deputy City Clerk, Robin Eaton, other staff, guests and interested citizens. APPROVAL OF MINUTES With minor corrections, the Study Session Notes of April 18, 2022 (amended version), May 16, 2022, and City Council Minutes of May 9, 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. Juneteenth Proclamation – June 19, 2022 Mayor Starker read the Proclamation where this nation was founded on the principles stated in the Declaration of Independence, one being that all men are created equal with unalienable rights of life, liberty, and the pursuit of happiness. Juneteenth commemorates African American freedom, as June 19. Where President Abraham Lincoln signed the Emancipation Proclamation which paved the way for the 13th Amendment to the Constitution of the United States, formally abolishing slavery in the United States of America. He had invited Anissa Valdez to join him and accept it. City Council Minutes June 13, 2022 page 2 Afterwards she thanked everyone in recognizing the day for freedom and spoke to where this proclamation is yet another step closer to making changes by helping to recognize everyone’s ancestry, for it’s the time of freedom for all. PUBLIC’S RIGHT TO SPEAK Guy Nahmiach came in to express his thanks to the Mayor for joining him recently at a function that was also attended by other local Mayors where many local issues were discussed. He also wanted to thank the City, its staff and others who came out and supported a recent, sold-out art function called Art in the Barn. He has no doubt that art is alive and well, here in Wheat Ridge.. 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. 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: PM CM Hultin introduced the consent agenda. a. Motion to award the 2022 Street Resurfacing Bid and approve subsequent payments to Martin Marietta Materials of Lakewood, Colorado in the amount of $1,851,702.51, with a contingency amount of $277,755.32 for a total not to exceed amount of $2,129,457.83 Issue Annual street resurfacing is conducted to provide needed maintenance treatments to a number of selected streets by priority in accordance with the citywide maintenance plan. Resurfacing is intended to extend the life of pavement on streets that are structurally sound. For the 2022 project, Youngfield Street from 32nd to 44th Avenue, Harlan Street from 32nd Avenue to 44th Avenue, Oak Street north of 26th to Twilight Drive and 43rd Drive west of 44th Avenue. Street resurfacing is the first of a three preventive maintenance projects that the City will implement this year. Bids were opened on April 19, 2022, and three came in lower and one higher than the engineer’s estimate. As a result, Staff is recommending that the lowest responsive City Council Minutes June 13, 2022 page 3 bidder, Martin Marietta Materials, be awarded a contract for the bid schedules one through seven in the amount of $1,851,702.51. b. Resolution No. 28-2022 - a resolution authorizing acceptance of the Colorado Regional Opioid Intergovernmental Agreement with the counties of Clear Creek, Gilpin, and Jefferson, and other participating local governments within those counties for the establishment of the Region 10 Regional Council. Issue This resolution authorizes the Mayor to sign the Colorado Regional Opioid Intergovernmental Agreement ("IGA"). The IGA is between the three Region 10 counties, and seventeen participating local governments, including the City of Wheat Ridge, located in each of the three Region 10 counties. The IGA details the procedures to establish a Regional Council for Region 10, designates Jefferson County as Region 10's fiscal agent, and establishes that the participating local governments intend to request and administer opioid settlement funds in a manner consistent with the Colorado Opioids Settlement Memorandum of Understanding (MOU) signed by the Mayor on November 8, 2021 c. Motion to approve a Lease Agreement by and between Jefferson County Housing Authority and City of Wheat Ridge for office space at 7490 W. 45th Avenue Issue City Staff has negotiated a five-year Lease Agreement, with the option to extend for one-year, with Jefferson County Housing Authority for office space at 7490 W. 45th Avenue. This Lease will resolve the immediate need for additional office space for city employees while a facility assessment and master plan are completed to determine longer-term facility needs. Motion by CM Hultin to approve Consent Agenda Items a.), b.), and c.), Seconded by CM Stites, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 2. Council Bill No. 09-2022 – An Ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) City Council Minutes June 13, 2022 page 4 CM Dozeman introduced Council Bill 09-2022 at 7:13 pm. Issue The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) for property located at 10101 W. I- 70 Frontage Road North. The zone change will result in a zoning that enables revitalization and redevelopment of the site by expanding permitted uses. Motion by CM Dozeman to approve Council Bill 09-2022, an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial- One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) on first reading, order it published, public hearing set for Monday, July 11, 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; seconded by CM Nosler Beck; motion carried 8-0. 3. Council Bill No. 13-2022 – An Ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking CM Hoppe introduced Council Bill 13-2022 at 7:15 pm. Issue Council Bill 13-2022 amends the local definition of criminal harassment to comply with a recent decision of the Colorado Supreme Court. Motion by CM Hoppe to approve Council Bill 13-2022 - an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking on first reading, order it published, public hearing set for Monday, June 27, 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; seconded by CM Hultin; motion carried 8-0. 4. Council Bill No. 10-2022 – An Ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower CM Ohm introduced Council Bill 10-2022 at 7:16 pm. Issue The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with T-Mobile West, LLC. City Council Minutes June 13, 2022 page 5 Motion by CM Ohm to approve Council Bill 10-2022 - an ordinance approving a Site Lease Agreement with T-Mobile West, LLC for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 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 upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter; seconded by CM Stites; motion carried 8-0 5. Council Bill No. 11-2022 – An Ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower CM Hutchinson introduced Council Bill 11-2022 at 7:18 pm. Issue Mayor Starker waived the reading of the issue statement. Motion by CM Hutchinson to approve Council Bill 11-2022 - an ordinance approving a Site Lease Agreement with Verizon Wireless for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 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 upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter; seconded by CM Hoppe; motion carried 8-0 6. Council Bill No. 12-2022 – An Ordinance approving a Site Lease Agreement with New Cingular PCS, LLC for use of the municipal cell tower CM Stites introduced Council Bill 12-2022 at 7:20 pm. Issue Mayor Starker waived the reading of the issue statement Motion by CM Stites to approve Council Bill 12-2022 - an ordinance approving a lease with New Cingular PCS, LLC for use of the municipal cell tower on first reading, order it published, public hearing set for Monday, June 27, 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 upon adoption and signature by the Mayor, as permitted by Section 5.11 of the Charter; seconded by CM Weaver; motion carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS 7. Motion approving a Temporary Site License Agreement with T-Mobile West, LLC CM Weaver introduced the Motion at 7:21 p.m. City Council Minutes June 13, 2022 page 6 Issue The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. During the timeframe required to demolish the existing cellular tower and construct a new monopole tower, the three cellular carriers have requested permission to occupy space in the City Hall parking lot to house their cell-on-wheels units to provide uninterrupted cellular service. Staff Presentation Nothing on this item. Mayor Starker reviewed the procedures for public comment. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Public Comment No one came forward to speak. Council Questions There were none Motion by CM Weaver to approve a Temporary Site License Agreement with T-Mobile West, LLC, seconded by CM Stites, motion carried 8-0. 8. Motion approving a Temporary Site License Agreement with Verizon Wireless CM Nosler Beck introduced the Motion at 7:24pm. Issue Mayor Starker waived the reading of the issue statement Staff Presentation Nothing on this item Mayor Starker reviewed the procedures for public comment where no citizens appeared in chambers to address this issue Public Comment No one came forward to speak on the zoom format Council Questions There were none. City Council Minutes June 13, 2022 page 7 Motion by CM Nosler Beck to approve a Temporary Site License Agreement with Verizon Wireless, seconded by CM Hutchinson, motion carried 8-0. 9. Motion approving a Temporary Site License Agreement with New Cingular Wireless PCS, LLC CM Hoppe introduced the Motion at 7:25 pm. Issue Mayor Starker waived the reading of the issue statement Staff Presentation Nothing on this item Mayor Starker reviewed the procedures for public comment where no citizens appeared in chambers to address this issue Public Comment No one came forward to speak. Council Questions None tonight Motion by CM Hoppe to approve a Temporary Site License Agreement with New Cingular Wireless PCS, LLC, seconded by CM Stites, motion carried 8-0. 10. Resolution No. 29-2022 - A Resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $98,534.60, and a transfer from the Central Charges budget in the amount of $90,000, for the purposes of awarding a contract and approving subsequent payments in the amount of $188,534.60 to Stantec Architecture Inc. for the development of a 10-year Facilities Master Plan CM Ohm introduced Resolution 29-2022 at 7:26 p.m. Issue The City has reached its occupational limits to house employees comfortably, effectively, and equitably. Its facilities have been well maintained; however, a majority of the portfolio is cramped, outdated, and burdened by deferred maintenance. To date, there have been no such efforts to evaluate the condition of the entirety of the City’s owned and occupied portfolio, nor development of a plan for what comes next for its facilities to meet the challenges of an evolving working environment and workforce. This motion will award a contract in the amount of $188,534.60 to complete a 10-year Facilities Master Plan for the City to Stantec Architecture Inc. City Council Minutes June 13, 2022 page 8 Staff Presentation Director of Parks & Recreation, Karen A. O’Donnell along with Kion Gibbs, the new Facility Manager, gave a brief background on the item where he spoke of the Facilities Master Plan, which will create a roadmap to implement the options that will best serve the City, its employees and community. This Facilities Master Plan process will review existing documentation related to the City’s facilities and departments; interview each department to determine gaps between existing footprints and future needs; assess the condition of each facility and its systems; and develop prioritized projects listed for implementing recommended options from asset repairs/replacement to renovations, remodels, and new facilities. Mayor Starker reviewed the procedures for public comment. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Public Comment No one came forward to speak. Council Questions There were none Motion by CM Ohm to approve Resolution No. 29-2022 - a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $98,534.60 and a transfer from the Central Charges budget in the amount of $90,000 for the purposes of awarding a contract and approving subsequent payments in the amount of $188,534.60 to Stantec Architecture Inc. for the development of a 10-year Facilities Master Plan, seconded by CM Hoppe, where discussion ensued. The motion carried 8-0 CITY MANAGER’S MATTERS Mr. Goff informed Council that Evergreen Development (Clear Creek Crossing) had contacted him about moving the alcohol facilities around in the development over towards the west, nearer to the lake with a better view of the mountains. They are also inquiring about entering into an Entertainment District-Common consumption area through the city. He asked if there would be a consensus from the council to look into the matter. Discussion on the matter ensued Mayor Starker asked for a consensus on the matter and through a show of hands consensus was obtained City Council Minutes June 13, 2022 page 9 CITY ATTORNEY’S MATTERS He has received requests for a current list of litigations, which he does annually and updates the database regularly. From now on, he will make an effort to report on them quarterly. He also wanted to remind everyone of the separation of powers, which varies between the different sections of municipal court, administration, and legislature which are varied and distinct. He requests that any inquiries for litigation items to please send those to him directly. ELECTED OFFICIALS’ MATTERS Deputy City Clerk Eaton sent out condolences to CC Steve Kirkpatrick and his family for the recent loss of his mother-in-law who was an integral part of their family, and who will be sorely missed. Mayor Starker also wanted to share in the expression of those condolences. CM Stites spoke about meeting with other officials at the ribbon cutting for the new Christian Brother Automotive center located at 38th and Kipling. The owners are past WR Farmers, and he welcomes them back to the city. He enjoyed his time with others at the Art in the Barn event and that it feels good to get out in the community once again. CM Dozeman expressed her thanks to Five Fridges Farm, the Art in the Barn event, WR Art League, and WR Creates where she hopes to attend more such wonderful events. It was great to see everyone there. CM Ohm met with JeffCo executives who said that they would like to explore more partnerships with the city, its youth, and professionals in the city. CM Hultin spoke of the upcoming JeffCo Sub-Regional Forum is meeting this Wednesday where among other items they will be looking at multiple transportation funding for projects in the city. She thanked the staff for applying for the funds. She also want to reach out and thank everyone for their support of her during some recent trying times. Mayor Starker spoke about having a great second Saturday With the Mayor at Vinnola’s Italian Market and Deli, and thanks to all of the citizens that came out. They will have another such event on the second Saturday in July. He also was pleased to be at the opening of the new Christian Brothers Auto center where it is great to have a returning Wheat Ridge Farmer to be located in such a beautiful building. He also was appreciative for the Art in the Barn event and will enjoy the art he purchased for a long while. City Council Minutes June 13, 2022 page 10 ADJOURNMENT The meeting adjourned at 7:49 pm _____________________________ Robin Eaton, Deputy City Clerk APPROVED BY CITY COUNCIL ON June 27, 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. City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 27, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Division Chief, Jim Lorenz; Director of Parks and Recreation, Karen O’Donnell; Project Manager Lauren Mikulak; Assistant to the City Manager, Marianne Schilling, other staff, guests and interested citizens. APPROVAL OF MINUTES The Study Session Notes of May 23, 2022 and City Council Minutes of May 23, 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. Parks and Recreation Month – June 2022 Mayor Starker read the Proclamation designating June 2022 as Parks and Recreation month where it is an integral part of communities throughout this country, with the City of Wheat Ridge proudly owning and maintaining 26 parks, 373 acres of open space, 7 miles of multi-use trails, 22 ball fields, 19 playgrounds, multiple recreation facilities, including an outdoor aquatic complex, and 3 historic properties. City Council Minutes June 27, 2022 page 2 Parks and Recreation Direct Karen O’Donnell accepted the Proclamation on behalf of her entire staff to acknowledge the Council and Mayor’s recognition for their hard and dedicated work. Ms. O’Donnell introduced three of her staff attending in person and one virtually. The Mayor announced that Director of Administration, Allison Scheck has received the award for Assistant of the Year in 2021. She was presented the award by the Colorado City and County Management Association earlier this year. The Mayor read a list of her accomplishments that won her this recognition, especially her ability to win the support and esteem of her peers as a professional. Introduction of Police Recruits Mayor Starker invited the Police recruits, class of 2022, and Division Chief Lorenz to join him at the podium where they were introduced and recognized for their successful completion of the Police Academy and their willingness to serve the community. PUBLIC’S RIGHT TO SPEAK There were none who wanted to speak, neither in person nor through the Zoom format. 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. 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. CONSENT AGENDA There were no items tonight PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:19 PM 1. Council Bill No. 13-2021 - An Ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking. CM Hoppe introduced Council Bill 13-2021 at approximately 7:20 pm City Council Minutes June 27, 2022 page 3 Issue Council Bill 13-2022 amends the local definition of criminal harassment to comply with a recent decision of the Colorado Supreme Court. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1739. Staff Presentation City Attorney Gerald Dahl spoke to where on March 28, 2022, the Colorado Supreme Court issued its decision in People v. Moreno, 2022 CO 15 (Colo. 2022). In Moreno, the Court reviewed a district court's order invalidating part of Colorado's harassment statute. The lower court found that the phrase "intended to harass" in the State statute unconstitutionally restricts protected speech. The Colorado Supreme Court agreed and definitively invalidated this portion of the State’s harassment statute. The Wheat Ridge Code harassment provision mirrors the State statutory language. Therefore, it is necessary to remove from the Wheat Ridge Code the language that was recently declared unconstitutional by the Moreno decision. While this Section is being amended, staff recommends that we modernize its language to include more modern forms of communication (text, instant messaging, etc.) The Mayor reviewed the procedures for public comments. Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions and comments Mayor Starker closed the public hearing. Motion by CM Hoppe to approve Council Bill No. 13-2021 - an ordinance amending Section 16-107 of the Wheat Ridge Code of Laws concerning harassment and stalking, seconded by CM Hultin, motion carried 8-0. 2. Council Bill No. 10-2021 - An Ordinance approving a site lease agreement with T-Mobile West, LLC for use of the municipal building cellular tower. CM Ohm introduced Council Bill 10-2021 at approximately 7:24 pm. Issue Mr. Goff introduced Ms. O’Donnell, who has managed this cell tower lease process for the City. She provided an overview of the reasons for the lease and the plan review and approval process. City Council Minutes June 27, 2022 page 4 The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with T-Mobile West, LLC. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1740 The Mayor reviewed the procedures for public comments. No members of the public came forward in person or online to comment. Staff Presentation City Manager Patrick Goff reminded everyone that the City has a cell tower lease in place with T-Mobile West, LLC which was signed by Mayor DiTullio on September 14, 2006. While negotiating new lease terms, the existing lease expired, and the City has provided for a month-to-month extension until a new lease is approved. The Mayor reviewed the procedures for public comments. Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments Council had no comments or questions. Mayor Starker closed the public hearing. Motion by CM Ohm to approve Council Bill No. 10-2021 - an ordinance approving a site lease agreement with T-Mobile West, LLC for use of the municipal building cellular tower, seconded by CM Stites, motion carried 8-0. 3. Council Bill No. 11-2021 - An Ordinance approving a site lease agreement with Verizon Wireless for use of the municipal building cellular tower. CM Hutchinson introduced Council Bill 11-2021 at approximately 7:30 pm . Issue The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted City Council Minutes June 27, 2022 page 5 a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Version Wireless. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1741 Staff Presentation There was no additional staff presentation because the details of the issue and the reasons for this proposed ordinance are the same as the previous item on this agenda. The Mayor reviewed the procedures for public comments. Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments Mayor Starker closed the public hearing. Motion by CM Hutchinson to approve Council Bill No. 11-2021 - an ordinance approving a site lease agreement with Verizon Wireless for use of the municipal building cellular tower, seconded by CM Stites, motion carried 8-0. 4. Council Bill No. 12-2021 - An Ordinance approving a site lease agreement with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower. CM Stites introduced Council Bill 12-2021 at approximately 7:32 pm. Issue The City owns and operates a cellular tower at City Hall and has three lease agreements with cellular companies for use of the tower. The existing tower is no longer structurally sound and needs to be replaced to accommodate upgrades of cellular equipment on the tower. New Cingular Wireless, Verizon Wireless, and T-Mobile drafted a cost-sharing agreement, which will fund the demolition of the existing cellular tower and the construction of a new cellular monopole at the same location. Approval of this ordinance will allow the City to finalize the Site Lease Agreement with Cingular Wireless (commonly known as AT&T). Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1742 The Mayor reviewed the procedures for public comments City Council Minutes June 27, 2022 page 6 Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. Council Questions and comments None. Mayor Starker closed the public hearing. Motion by CM Stites to approve Council Bill No. 12-2021 - an ordinance approving a site lease agreement with New Cingular Wireless PCS, LLC for use of the municipal building cellular tower, seconded by CM Hoppe, motion carried 8-0 ORDINANCES ON FIRST READING 5. Council Bill No. 15-2021 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith. CM Dozeman introduced Council Bill 15-2021 at approximately pm . Accessory Dwelling Units (ADUs) are smaller, independent residential dwelling units located on the same property as a single-unit home and can be attached or detached from the main house. ADUs have been identified as one component of the “missing middle” which helps increase housing options in Wheat Ridge. This ordinance proposes to legalize ADUs as an accessory use to single-unit homes, while providing flexibility for homeowners in terms of design, location, and development standards. This ordinance is a response to specific policy direction from City Council based on staff presentations, public feedback, and lessons learned from peer communities. In addition to providing a regulatory pathway forward for new ADUs, the ordinance also creates a pathway in certain circumstances for existing ADUs to be legalized. Motion by CM Dozeman to approve Council Bill 15-2021- an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith, on first reading for the sole purpose of ordering it published for a public hearing set for July 11, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and if approved, that it take effect August 1, 2022; seconded by CM Ohm; carried 8-0. 6. Council Bill No. 14-2021 – An Ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas. CM Hultin introduced Council Bill 14-2021 at approximately 7:35 pm . City Council Minutes June 27, 2022 page 7 This ordinance amends Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices on certain City recreation trails by persons with disabilities. Motion by CM Hultin to approve Council Bill 14-2021- an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas, on first reading for the sole purpose of ordering it published for a public hearing set for July 11, 2022 at 7 p.m. as a virtual meeting and in City Council Chambers, 7500 W. 29th Avenue, if allowed to meet in person on that date per COVID-19 restrictions, and if approved, that it take effect 15 days after publication; seconded by CM Hoppe; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 7. Resolution No. 30-2022 - A Resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for Jefferson Center’s Community Prevention and Engagement Program CM Weaver introduced Resolution 30-2022 at approximately 7:37 pm . Issue City Council provided consensus to contribute a portion of the City’s American Rescue Plan Act (ARPA) funding to support non-profit organizations whose demand for services has increased due to the COVID-19 pandemic. Consensus was received to provide $400,000 over a four-year period to Jefferson Center for its Community Prevention and Engagement program which focuses on increasing access to mental health care and reducing stigma. Staff Presentation Administrative Services Director, Allison Scheck gave a brief update and history on this item. During the April 4, 2022, Study Session, Council provided direction to move forward with a number of programs and initiatives to support the community’s recovery from the pandemic. She also reminded Council, as they had discussed at that study session, the City will receive a total of $7,873,279.72 in funds from ARPA to address the impacts of the pandemic. The City received the first 50% of its allocation in June 2021 and will receive the remaining $3.9 million in June 2022 The Mayor reviewed the procedures for public comments Public Comment There were none who wanted to speak, neither in person nor through the Zoom format. City Council Minutes June 27, 2022 page 8 Council Questions CM had no comments or questions, having thoroughly reviewed and discussed the proposed action at the previous Study Session. Motion by CM Weaver to approve Resolution No. 30-2022, a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for Jefferson Center’s Community Prevention and Engagement Program, seconded by CM , motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff announced that the ribbon cutting for the new outdoor court will need to be rescheduled. Ms. O’Donnell continues to schedule interviews with those interested in contributing to the Open Space Management Plan process. If you have been invited, please, schedule a time if you will. Mr. Goff commented on the Governor’s announcement of grants to help municipalities recruit, train and hire lifeguards to keep swimming pools open, and open longer each day. The City’s request to Congressman Perlmutter for $4 million in Federal funding for water projects has made the first cut in Congressional hearings at the Budget Subcommittee of the House Ways and Means Committee. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS City Clerk Steve Kirkpatrick reminded folks that the Primary Election is tomorrow, Tuesday, June 28th. It is too late to mail ballots. Voters need to deliver them to one of the ballots drop boxes across the County. Councilmember Hutchinson congratulated the Avalanche for their win in the Stanley Cup Finals last evening. Councilmember Nosler Beck thanked the lifeguards who have staffed our pools this summer. He appreciates their efforts and thinks they are doing a great job. Councilmember Stites reported a successful District III meeting at Clear Creek Crossing and reprised the event and thanked those who participated. He recognized Parks and Recreation for their help with the annual Goat Parade last weekend. He also noted the successful Ridge Fest this past weekend. CM Stites also wanted to acknowledge and thank Guy Nahmiach for his volunteer efforts and sponsorship of the Art on the Farm event recently held with great success. The next similar event is slated for July 30, 2022. City Council Minutes June 27, 2022 page 9 Councilmember Dozeman also thanked Parks and Recreation for their hard work with the downed tree limbs. July 2nd is the deadline for online nominations for key roles, including grand marshal, at the Carnation Festival. CM Weaver thanked those who helped make the CCC District III meeting and the Goat Parade so successful. Get ready for the Carnation Festival! CM Ohm also attended Ridge Fest last weekend and thanked those who attended and made the event such a success. CM Hoppe suggested that we all try the barbeque restaurant about to open here in Wheat Ridge. The owner had a food truck at the Green last weekend, and it was fabulous. CM Hultin announced two important meetings this week. The first was the Makers’ Space Open House tomorrow, June 28th. On July 6 there is a two-hour open house for both our Affordable Housing efforts and the 44th Avenue Subarea Plan. She also recognized Parks and Rec again for their excellent work and service to the City, our residents and their health. She also recognized our newly sworn recruits who have joined the WR Police Department. Fireworks are not legal and are problematic, so obey the law and do not ignite them. She also congratulated Allison Scheck for her award, which CM Hultin said was well deserved. Mayor Starker again recognized all of those who received recognition at the beginning of tonight’s meeting. At Vinnola’s at 9 am next Saturday, July 2, he will have the monthly Coffee with the Mayor. Enjoy a safe and happy 4th of July Holiday. ADJOURNMENT TO SPECIAL STUDY SESSION The meeting adjourned at 7:55 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON July 11, 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. City Council Minutes June 27, 2022 page 10 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 June 27, 2022 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 7:56 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. After calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor 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 Judy Hutchinson, Korey Stites, Amanda Weaver, Janeece Hoppe, Rachel Hultin, Scott Ohm, Leah Dozeman, and Valerie Nosler Beck Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of Human Resources, Michael Clasen; HR Business Partner, Melissa Long; Director of Administration, Allison Scheck, guests and interested citizens. Public’s Comment on Agenda Items – 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, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Paid Family and Medical Leave Program Issue The Colorado Paid Family and Medical Leave Insurance Act was placed on the ballot as Proposition 118 and passed by voters at the November 2020 election. The new law requires all employers to provide paid family and medical leave to its employees through a state managed program which is funded by employer and employee paycheck withholdings. Local governments have the option to decline participation in the program. Staff requests Council direction on whether to participate in the program Staff Report Mr. Goff and Ms. Scheck introduced Michael Clasen, Director of Human Resources, and Human Resources Business Partner, Melissa Long. They gave the background on this item where the Colorado Paid Family and Medical Leave Insurance Act (FAMLI) was passed by 57% of voters in November of 2020. The Colorado Department of Labor and Employment will administer this program through a newly created Division of Family and Medical Leave Insurance. The program allows for a Colorado employee to take up to 12 weeks of paid leave (an additional 4 weeks in the case of pregnancy/childbirth complications) for any of the following reasons: • To care for a new child due to birth, adoption or foster care placement. • To care for a family member with a serious health condition. • For the employee’s own serious health condition. • For any qualifying exigency leave (military). • For a need for safe leave (domestic violence). This leave is designed to be taken concurrently with unpaid FMLA (Family and Medical Leave Act) leave. The program is funded by premiums that are assessed against an employee’s wages and paid equally by the employer and employee in a 50-50% split. The premiums are deducted every two weeks but submitted to the Division quarterly Councilmembers had questions and comments: CM Nosler Beck asked staff to discuss the administrative costs for operating the FAMLI Leave program if the City chooses to participate. Mr. Clasen replied that there are no administrative costs for participating in the statewide program. In fact, the City would have perhaps less administrative work to do with respect to paid family leave. Then she asked about the time employees would have to accrue to use the program. Ms. Scheck gave a detailed response. CM Nosler Beck commented that she would prefer that PTO not be involved in this program, so that employees do not have to burn through their PTO before they are eligible to take advantage of the FAMLI leave program, because she had a difficult experience with this kind of PTO burn requirement at another agency. CM Hoppe asked about PTO at the City today and how that would be impacted by participating in FAMLI. Mr. Clasen gave a detailed reply. CM Hultin asked what happens if an employee does not have any accrued PTO. Mr. Clasen again gave a detailed answer. CM Hultin then asked about various options for using PTO the employee has accrued, at a rate not to exceed 50% of their accrued leave. Ms. Scheck suggested that staff investigate the details of these issues as part of the budget process and reviewing how other municipalities are handling this opportunity. Staff recommended that they bring back to Council a proposed program to be run by the City, rather than participating in the state FAMLI Leave program, because we can offer more advantages to our employees with a locally run program. CM Hultin proposed a consensus to direct staff to bring forward at a future Council session an action to opt out of the state program and propose an alternative program to be run by the City. Consensus achieved. CM Dozeman expressed her gratitude to the staff for their savvy and knowledgeable recommendations. 2. Removal of Race-Based Real Estate Covenants Discussion began at about 8:35 pm. Issue The City of Wheat Ridge was incorporated in 1969. At that time, it included a number of subdivisions which had been platted in the county beginning around the 1920’s. Some of these subdivisions contain private covenants precluding sales based on race. Staff Report City Attorney Gerald Dahl gave a brief history of the issue, where CM Urban, during his recent term on the Council, raised the question of these raced-based covenants and how the City Council could approach their removal. Our office has researched techniques available to remove these covenants or expunge such language. Their office has researched techniques available to remove these covenants or expunge such language. Based on our research, the following options are available, either for direct action by the City or via the City encouraging private property owners to act: • removal of race-based covenants on City-owned property • removal of race-based language from covenants affecting privately owned property as a condition of future land use approvals • Council resolution expressing support for the removal of race-based covenants on private property Among other items and topics that Mr. Dahl spoke about were: • Race Based Covenants are Invalid • Statutory Removal of Race-Based Covenants • Removing covenants from City-owned property • Land Council resolution • Use Code requirement In conclusion, he spoke to how race-based covenants are illegal and unenforceable in Colorado, both as a function of federal and state case law, and state statute. The City has several options available to it to further the goals of these cases and statutes in the manner described here tonight. Councilmembers had questions and comments: CM Ohm commented that he believes we all want a welcoming and inclusive community. However, if a prospective resident, a potential buyer, sees that racist covenant, what can the City do to reassure them that they can remove any such illegal, unconstitutional and unenforceable covenants from the property deed. Mr. Dahl have a detailed answer. Mayor Starker asked what specifically happens when the landowner wants to remove objectionable covenants. Mr. Dahl gave a detailed answer, which explained how a newly filed deed would remove the egregiously wrong language per CRS. CM Hoppe thanked Mr. Dahl and expressed her support for all his recommended actions. CM Weaver echoes CM Hoppe’s comments. She then asked if residents would face any kind of fees for filing to remove restrictive covenants from their deed. CM Hultin read aloud a restrictive covenant from her own property deed, including blatantly racist language. Mayor Starker asked for a consensus to ask staff and the City Attorney to bring to a future Council session proposed changes to City Code to remove these provisions from any part of City Code as outlined in Mr. Dahl’s memo on this subject to Council for this evening’s meeting, including a process for informing residents of these changes and how to effectuate them. Consensus achieved. 3. Staff Report(s) Nothing further at this time, as staff made reports already in tonight’s Regular Council Meeting. 4. Elected Officials’ Report(s) Nothing further, as this session immediately followed a Regular Council Meeting. ADJOURNMENT The Special Study Session adjourned at 8:56 pm. APPROVED BY CITY COUNCIL ON July 11, 2022. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Rachel Hultin, Mayor Pro Tem PROCLAMATION MAYORS’ MONARCH PLEDGE JULY 11, 2022 WHEREAS, the monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans; and WHEREAS, both the western and eastern monarch populations have seen significant declines with less than one percent of the western monarch population remaining, while the eastern population has fallen by as much as ninety percent; and WHEREAS, the City of Wheat Ridge recognizes that human health ultimately depends on well-functioning ecosystems and that biodiverse regions can better support food production, healthy soil and air quality and can foster healthy connections between humans and wildlife; and WHEREAS, every resident of Wheat Ridge can make a difference for the monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in locations where people live, work, learn, and play; and WHEREAS, on March 31, 2022, I, Mayor Bud Starker, signed the National Wildlife Federation’s Mayors’ Monarch Pledge and have officially committed to taking meaningful action to protect the monarch butterfly; and WHEREAS, the City of Wheat Ridge has committed to a future of sustainable environmental outcomes with programs such as Sustainable Wheat Ridge and Regenerate Wheat Ridge. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing July 11, 2022 as MAYORS’ MONARCH PLEDGE DAY In the City of Wheat Ridge and encourage all residents to participate in community activities that support and celebrate monarch conservation. IN WITNESS THEREOF on this 11th day of July 2022. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2022 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10101 W. I-70 FRONTAGE ROAD NORTH FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-22-05) PUBLIC HEARING ORDINANCES FOR 1ST READING (06/13/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) for property located at 10101 W. I-70 Frontage Road North. The zone change will result in a zoning that enables revitalization and redevelopment of the site by expanding permitted uses. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on June 2, 2022 and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the attached staff report. City Council approved this ordinance on first reading on June 13, 2022. A motion was made by Councilmember Dozeman and seconded by Councilmember Nosler Beck and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-22-05. If the Council Action Form – Proposed Rezoning at 10101 W. I-70 Frontage Road July 11, 2022 Page 2 rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees or sales tax. BACKGROUND: The property is located on the north side of Interstate-70 on the I-70 Frontage Road, between Miller Street and Kipling Street. There are currently five access points into the site from the I-70 Frontage Road and W. 49th Avenue. Land on all sides of the property has been dedicated as public right-of-way. The property is currently zoned Commercial-One (C-1). The property is approximately 230,650 square feet in size (5.295 acres) and contains the 91,571-square foot American Motel built in 1975. The hotel is considered legally nonconforming because hotels are now considered Special Uses in the code, but the property was developed before that requirement was in place. Adjacent properties include a mix of zoning designations and land uses. To the north is a property zoned Planned Industrial Development (PID) including an industrial building with a plumbing supply company. To the northeast is the Blue Grass Terrace Shopping Center including an auto parts store, salon, and a variety of quick serve restaurants. Immediately east of the site is Hopper’s Sports Grill, zoned C-1. To the west is a used car dealership and properties zoned C-1 and Agricultural-One (A-1). The property is adjacent to I-70 to the south. Current Zoning The current zone district, C-1, is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties with adjacency to lower density residential uses. Proposed Zoning The applicant is requesting the property be rezoned to MU-C Interstate, a zone district established to accommodate a wide range of uses from residential to commercial. This district is intended for properties that are generally within five hundred (500) feet of I-70 and that are located on a commercial corridor with direct access to I-70. It follows the MU-C framework but is intended for highway-adjacent sites that may require variation in design or land use due to direct proximity to the interstate. The highway-adjacency allows for more auto-oriented uses than compared to other mixed use districts. The MU-C Interstate zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. The proposed zoning would enable reinvestment by allowing a wider range of uses, encouraging a better utilization of land, and ensuring high quality urban design. A full analysis of the zone change criteria is provided in the attached staff report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Council is required to take action on the request to affirmatively approve, with or without conditions, or deny the application. Council Action Form – Proposed Rezoning at 10101 W. I-70 Frontage Road July 11, 2022 Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2022, an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use- Commercial Interstate (MU-C Interstate) on second reading, and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-112 of the Code of Laws.” or, “I move to deny Council Bill No. 09-2022, an ordinance approving the rezoning of property located at 10101 W. I-70 Frontage Road North from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner I Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2022 2. Staff Report 3. Planning Commission Meeting Minutes (06/02/22) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 09 ORDINANCE NO. _________ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10101 W. I-70 FRONTAGE ROAD NORTH FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-22-05) 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, Anthony Sherman has submitted a land use application for approval of a zone change to the Mixed Use-Commercial Interstate (MU-C Interstate) zone district for property located at 10101 W. I-70 Frontage Road North; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates the area surrounding the I-70 and Kipling interchange, including the subject site, as a priority area for infill and high-quality redevelopment; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 2, 2022 and voted to recommend approval of rezoning the property to Mixed Use-Commercial Interstate (MU-C Interstate). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Anthony Sherman for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU- C Interstate) for property located at 10101 W. I-70 Frontage Road North, 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: LEGAL DESCRIPTION PARCEL A: THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1 /4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE WEST 30 FEET, AND EXCEPT THE NORTH 20 FEET THEREOF, AN0 EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 46, AND EXCEPT THAT PORTION CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY INSTRUMENT RECORDED FEBRUARY 2, 1984 UNDER RECEPTION NO. 84010595, AND EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 16, THENCE SOUTH 0°21’ EAST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 318.98 FEET, MORE OR LESS, TO THE NORTHERLY LINE OF THE STATE HIGHWAY AS DESCRIBED IN BOOK 1588 AT PAGE 508 OF THE JEFFERSON COUNTY RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 79°01'30” EAST ALONG SAID NORTHERLY LINE 260. 35 FEET TO THE SOUTHWEST CORNER OF PROPERTY DESCRIBED LN BOOK 2059 AT PAGE 787, THENCE NORTH 246.97 FEET AND ALONG THE WEST LINE OF PROPERTY DESCRIBED IN BOOK 2059 AT PAGE 787 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89°14'30" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 82.52 FEET, MORE OR LESS TO THE NORTHEAST CORNER OF PROPERTY DESCRIBED IN BOOK 1288 AT PAGE 505; THENCE CONTINUING SOUTH 89°14'30" WEST, ALONG THE NORTH LINE OF SAID PARCEL DESCRIBED IN BOOK 1288 AT PAGE 505, 175.0 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE SOUTH, ALONG SAID WEST LINE 298.98 FEET, MORE OR LESS, TO SAID TRUE POINT OF BEGINNING; EXCEPT THE NORTH 10 FEET OF THE EAST 82.52 FEET OF SAID PARCEL, DESCRIBED IN BOOK 1288 AT PAGE 505 AND AS DESCRIBED IN BOOK 1897 AT PAGE 557, AND EXCEPT THAT PART CONVEYED TO THE CITY OF WHEAT RIDGE BY DEED RECORDED AUGUST 15, 1988 AS RECEPTION NO. 88079313, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of June, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, July 11, 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: June 16, 2022 2nd publication: July 14, 2022 Jeffco Transcript Effective Date: July 29, 2022 Planning Commission 1 Case No. WZ-22-02 / 4501 Wadsworth Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: June 2, 2022 (Planning Commission) / July 11, 2022 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner I CASE NO. & NAME: WZ-22-05 / American Motel Rezone ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use- Commercial Interstate (MU-C Interstate) LOCATION OF REQUEST: 10101 W. I-70 Frontage Road North APPLICANT / OWNER: MJB Motels, LLC (Owner) (Liz Newman, Representative) APPROXIMATE AREA: 230,650 square feet (5.295 acres) PRESENT ZONING: Commercial-One (C-1) COMPREHENSIVE PLAN: Mixed-Use Commercial ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-22-02 / 4501 Wadsworth Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use- Commercial Interstate (MU-C Interstate) for the property at 10101 W. I-70 Frontage Road North. The applicant is the prospective buyer and is currently under contract. The zone change will result in a zoning that encourages revitalization and redevelopment of the site. The applicant intends to redevelop the site for multi-story residential apartments and potential commercial pad sites. II. EXISTING CONDITIONS The property is located on the north side of Interstate-70 on the I-70 Frontage Road, between Miller Street and Kipling Street. (Exhibit 1, Aerial). There are currently five access points into the site from the I-70 Frontage Road and W. 49th Avenue. Land on all sides of the property has been dedicated as public right-of-way. The property is currently zoned Commercial-One (C-1). The property is approximately 230,650 square feet (5.295 acres) and contains the 91,571-square foot American Motel built in 1975. The hotel is considered legally nonconforming because hotels are now considered Special Uses in the code, but the property was developed before that requirement was in place. Adjacent properties include a mix of zoning designations and land uses. To the north is a property zoned Planned Industrial Development (PID) including an industrial building with a plumbing supply company. To the northeast is the Blue Grass Terrace Shopping Center including an auto parts store, salon, and a variety of quick serve restaurants. Immediately east of the site is Hopper’s Sports Grill, zoned C-1. To the west is a used car dealership and properties zoned C-1 and Agricultural-One (A-1). The property is adjacent to I-70 to the south. (Exhibit 2, Zoning Map). III. PROPOSED ZONING The applicant is requesting the property be rezoned to MU-C Interstate, a zone district established to accommodate a wide range of uses from residential to commercial. This sub-district is intended for properties that are generally within five hundred (500) feet of I-70 and that are located on a commercial corridor with direct access to I-70. It follows the MU-C framework but is intended for highway-adjacent sites that may require variation in design or land use due to direct proximity to the interstate. The highway-adjacency allows for more auto-oriented uses than compared to other mixed use districts. The applicant has proposed to rezone the property in order to support a greater number of uses that would encourage revitalization of the site and to provide greater benefit to the neighborhood (Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change will provide a renewal of the property which was constructed in the 1970s, is aging, and has been identified as a property with disproportionately high calls for service to the Police Department. The City adopted extended stay lodging licenses in late 2021, but the current owner of the American Motel has not sought that license and instead put the property on the market. The applicant currently owns the Holiday Inn Express on the south side of the interstate, but does not intend to develop a new hotel on the current site due to Planning Commission 3 Case No. WZ-22-02 / 4501 Wadsworth Rezone saturation of hospitality uses in the area. The proposed use of the site for mixed use and residential apartments would not be permitted in C-1 which limits potential options to revitalize the site. The MU- C Interstate district would provide more flexibility. The current C-1 zoning is reflective of long-standing commercial uses in the City. The C-1 zoning dates back to the City’s original 1972 zoning map. The MU-C Interstate and C-1 districts have some similar development standards with permitted uses being the most notably different with MU-C Interstate allowing a wider range of uses. The C-1 zone district allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. In the C-1 district hotels are a special use and residential uses are prohibited. By contrast, MU-C Interstate zoning allows residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. The MU-C Interstate zone district was created in 2010 as part of four mixed use districts, and it is specifically intended for sites like the subject property which are highway-oriented. The property is currently one of many C-1 zoned parcels in the area, located near retail and office uses, and adjacent to I-70. The MU-C Interstate zone district would allow for continuity of these uses, allow for more auto-oriented uses catering to any highway traffic, and allow for additional uses, such as residential. The proposed zone district would allow the existing hotel as a permitted use if the applicant decides to maintain it. The subject property is part of the I-70/Kipling Urban Renewal Area and part of the voter-approved area exempted from the charter’s height and density limits. The proposed zoning would enable reinvestment by allowing a wide range of uses, encouraging a better utilization of land, and ensuring high quality urban design. A summary of the MU-C Interstate zone district is provided below. PROPOSED ZONING Mixed Use-Commercial Interstate (MU- C Interstate) CURRENT ZONING Commercial-One (C-1) Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Allows commercial uses – includes office, general business, retail sales, and service establishments Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Architectural and Site Design Manual standards apply Max. Building Height 6 stories (90’) if the building is single use 8 stories (118’) if the building is mixed use 50’ Max. Lot coverage 90% for mixed use 85% for single use 80% Min. Landscaping 10% for mixed use 15% for single use 20% Build-to Area 0-20’ along primary and secondary frontages n/a Setbacks East (side): 0’ West (side): 0’ South (front): 50’ East (side): 30’ West (side): 30’ North (rear): 15’ Residential Density Exempt from density limitations n/a Planning Commission 4 Case No. WZ-22-02 / 4501 Wadsworth Rezone IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns in the area, the MU-C Interstate zone district is appropriate in terms of allowed land uses and intensity. With surrounding properties including commercial and industrial uses and based on proximity to the interstate, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-C Interstate zoning is expected to add value to the subject property. The mixed-use development standards will support high quality design and compatibility between future redevelopment and existing land uses. The age and disinvestment of the subject property have contributed to a perception that it is blighted and associated with disproportionately high calls for service from the Police Department. The zone change would allow the applicant to make the desired investment and contribute to the welfare of the community. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan review and building permit review will be required for any future major change of use or redevelopment, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. A stated goal in the comprehensive plan is to promote reinvestment in property, particularly in high priority areas. This zone change request supports the comprehensive plan by enabling investment in the property, by expanding the permitted uses on the property, and by aligning the zoning with the City’s mixed-use goals for this area. In the Comprehensive Plan, the Structure Plan designates the property as Mixed-Use Commercial (Exhibit 5). The designation is used for existing commercial areas mixed with office and employment. Focus in these areas is on long-term infill and redevelopment, reinvestment, and high-quality urban design and landscaping for vacant or underutilized properties, with “centers” being the primary emphasis. Planning Commission 5 Case No. WZ-22-02 / 4501 Wadsworth Rezone Goals for this designation include making Wheat Ridge a “community of choice” in which to live, work, shop, and recreate, attracting quality retail development and actively retaining existing retailers to locate in Wheat Ridge, increasing the diversity of land uses, revitalizing key redevelopment areas, increasing housing options, and establishing and maintaining a resilient and sustainable tax base. The area surrounding the I-70 and Kipling interchange, including the subject site, is specifically noted as a priority area for infill and redevelopment (Economic and Land Use Policy 5.1). Policy 5.2 calls for high quality redevelopment, and the proposed rezoning fulfills these policy goals by delivering the most appropriate zoning designation for the site. The Comprehensive Plan recognizes the need for more housing options (Neighborhood and Housing Goal 2). Given the sensitivity of the community to density and the classification of the surrounding roadways, the subject site is ideally situated to meet the community’s need for multiunit options. The subject site is also part of the I-70/Kipling Urban Renewal Area (URA). The urban renewal plan for that URA was adopted in the same year as the Comprehensive Plan and calls for high quality architecture and design, the incorporation of new and existing uses into a mixed-use format, stabilization of existing neighborhoods, and improved connections for vehicles, pedestrians, bicycles, and other modes of transportation. This zone change request would support and would enable any redevelopment to meet these goals. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The proposed rezoning does not relate to a change of character in the area. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. Planning Commission 6 Case No. WZ-22-02 / 4501 Wadsworth Rezone V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on March 30, 2022. This meeting was advertised and conducted as a virtual meeting on Zoom. One person from the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, May 20, 2022, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Agencies are advised that no comments received shall be inferred to mean there are no concerns. Specific referral responses follow: Wheat Ridge Engineering Division: No comments received. Wheat Ridge Economic Development: No concerns, this proposal does not conflict with the I-70/Kipling Corridor Urban Renewal Plan. City of Arvada Planning Division: No comments received. CDOT: No comments received. Arvada Fire Protection District: No concerns. Any future development would be referred to the district for review and approval. Xcel Energy: No concerns. Any future development would be referred to the district for review and approval. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Valley Water District: No concerns. Any future development would be referred to the district for review and approval. Clear Creek Valley Sanitation District: No concerns. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is Planning Commission 7 Case No. WZ-22-02 / 4501 Wadsworth Rezone consistent with the goals and objectives of the Comprehensive Plan. The Mixed Use-Commercial Interstate zoning designation is appropriate for the subject property allowing the existing land to become conforming and enabling the possibility of future redevelopment which aligns with the City’s adopted goals and policies. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-22-05. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-22-05, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial Interstate (MU-C Interstate) for property located at 10101 N. I-70 Frontage Road, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-22-05, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial Interstate (MU-C Interstate) for property located at 10101 N. I-70 Frontage Road, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WZ-22-02 / 4501 Wadsworth Rezone EXHIBIT 1: AERIAL Planning Commission 9 Case No. WZ-22-02 / 4501 Wadsworth Rezone EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WZ-22-02 / 4501 Wadsworth Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 11 Case No. WZ-22-02 / 4501 Wadsworth Rezone Planning Commission 12 Case No. WZ-22-02 / 4501 Wadsworth Rezone Planning Commission 13 Case No. WZ-22-02 / 4501 Wadsworth Rezone Planning Commission 14 Case No. WZ-22-02 / 4501 Wadsworth Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: March 30, 2022 Attending Staff: Stephanie Stevens, Senior Planner Alayna Olivas-Loera, Planner I Location of Meeting: Virtual Property Address: 10101 N. I-70 Frontage Road Property Owner(s): MJB Motels LLC Property Owner(s) Present? No Applicant: Tony Sherman Applicant Present? Yes Existing Zoning: Commercial-One (C-1) Existing Comp. Plan: Mixed Use Commercial Existing Site Conditions: The property is located on the north side of Interstate-70 on the I-70 Frontage Road, between Miller Street and Kipling Street. There are currently five access points into the site from the I-70 Frontage Road and W. 49th Avenue. Land on all sides of the property has been dedicated as public right-of-way. The property is currently zoned Commercial-One (C-1). The property is approximately 230,650 square feet (5.295 acres) and contains the 91,571-square foot American Motel built in 1975. Adjacent properties include a mix of zoning designations and land uses. To the north is a property zoned Planned Industrial Development (PID) including an industrial building with a plumbing supply company. To the northeast is the Blue Grass Terrace Shopping Center including an auto parts store, salon, and a variety of quick serve restaurants. Immediately east of the site is Hopper’s Sports Grills, zoned C-1. To the west is a used car dealership and properties zoned C-1 and Agricultural-One (A-1). The property is adjacent to I-70 to the south. Applicant/Owner Preliminary Proposal: The applicant has proposed to rezone the property from C- 1 to Mixed Use-Commercial Interstate (MU-C Interstate) in order to support a greater number of uses that would encourage revitalization of the site, and to provide greater benefit to the neighborhood. The applicant is currently in escrow to purchase the property with the intention of redeveloping the site EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 15 Case No. WZ-22-02 / 4501 Wadsworth Rezone with a mix of uses, including multi-story residential apartments and potentially some commercial pad sites. The following is a summary of the neighborhood meeting: • In addition to the applicant, the applicant’s team and staff, one member of the public attended the neighborhood meeting. The participant list is attached from Zoom, which serves as the virtual sign- in sheet. • One member of the public, Nicholas Chin, spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the Zone Change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the Zone Change request and proposed development: • What are the plans for the site and how might it affect the Bluegrass Shopping Center? The applicant is wanting to demolish it all and start over with a nice apartment complex, this may help in revitalizing the area and bringing more patronage to the shopping center. Planning Commission 16 Case No. WZ-22-02 / 4501 Wadsworth Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. The subject property is designated Mixed Use Commercial. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Planning Commission 17 Case No. WZ-22-02 / 4501 Wadsworth Rezone EXHIBIT 6: SITE PHOTO View of the subject property looking northwest from the N. I-70 Frontage Road. (Source: Google Maps, February 2022) Planning Commission Minutes -1 – June 2, 2022 PLANNING COMMISSION Minutes of Meeting June 2, 2022 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair ANTOL at 7:00 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Jerry DiTullio Janet Leo Jonathan Schelke Julianne Stern Commission Members Absent: Will Kerns Dan Larson Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Alayna Olivas-Loera, Planner I Steve Kirkpatrick, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner DITULLIO and seconded by Commissioner LEO to approve the order of the agenda. Motion carried 6-0. 5.APPROVAL OF MINUTES – May 19, 2022 ATTACHMENT 3 Planning Commission Minutes -2 – June 2, 2022 It was moved by Commissioner DITULLIO and seconded by Commissioner SCHELKE to approve the minutes of May 19, 2022, as written. Motion carried 5-0- 1 with Commissioner ANTOL abstaining. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WZ-22-05: an application filed by Anthony Sherman for approval of a zone change from Commercial-One (C-1) to Mixed Use Commercial Interstate (MU-C Interstate) on a property located at 10101 West I-70 Frontage Road North. Ms. Olivas-Loera gave a short presentation regarding the Zone Change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. The applicant did not make a presentation but was available for questions. Commissioner ANTOL inquired about the height limit on the proposed zoning and the parking requirements. Ms. Olivas-Loera confirmed that the height maximum is 118 feet for a mixed-use building and 90 feet for a single use building. Ms. Mikulak explained that all the Mixed-Use districts follow the same off-street parking ratios adding they are slightly reduced compared to Commercial-One (C-1). Commissioner ANTOL also asked if the City of Arvada is notified to the possible zone changes on Wheat Ridge properties. Ms. Olivas-Loera mentioned that a referral was sent out to the City of Arvada, but no comments were made. Ms. Mikulak added that there is more collaboration between cities on transportation connectivity and off-site impacts between jurisdictions, but city staff does not usually comment on the specifics of private development and site design in another jurisdiction. Commissioner STERN asked about the build-to area and what the primary frontage of the building will be. Ms. Mikulak explained that the code does not specify which side of the building has to be primary frontage for the purpose of build-to, but it will be decided on during the site planning process. Planning Commission Minutes - 3 – June 2, 2022 Public Forum No one wished to speak. It was moved by Commissioner DISNEY and seconded by Commissioner DITULLIO to recommend APPROVAL of Case No. WZ-22-05, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial Interstate (MU-C Interstate) for property located at 10101 W. I- 70 Frontage Road North, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request Motion carried 6-0. B. Case No. ZOA-22-03: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws Concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith. Mr. Cutler gave a brief presentation explaining the ordinance for Accessory Dwelling Units and its definition. Commissioner SCHELKE asked if an ADU has to be a short-term rental of if it can be long-term as well. Mr. Cutler confirmed ADUs can be both short- and long-term rentals and explained that most likely most ADUs will be long-term rentals. In response to a question from Commissioner SCHELKE regarding the possibility of an ADU being non-compliant with the building code, Mr. Cutler explained that if an existing ADU has been built without being previously permitted it will need to get a permit to make sure there are no life safety issues. Commissioners DITULLIO and LEO inquired about current properties which are not owner-occupied and if this will still be allowed. Mr. Cuter confirmed they will be allowed to continue due to a provision in the ordinance requested by City Council; he added that owners will be required to sign the deed restriction which means the owner-occupancy requirement would apply if ITEM NO: 2 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2022 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/27/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ City Attorney City Manager ISSUE: Accessory Dwelling Units (ADUs) are smaller, independent residential dwelling units located on the same property as a single-unit home, and can be attached or detached from the main house. ADUs have been identified as one component of the “missing middle” which helps increase housing options in Wheat Ridge. This ordinance proposes to legalize ADUs as an accessory use to single-unit homes, while providing flexibility for homeowners in terms of design, location, and development standards. This ordinance is a response to specific policy direction from City Council based on staff presentations, public feedback, and lessons learned from peer communities. In addition to providing a regulatory pathway forward for new ADUs, the ordinance also creates a pathway in certain circumstances for existing ADUs to be legalized. Council Action Form – Accessory Dwelling Units July 11, 2022 Page 2 PRIOR ACTION: City Council gave specific policy direction to staff in November 2021 to draft an ordinance allowing ADUs in Wheat Ridge. That direction was refined in April 2022 when staff returned to City Council for an additional study session. The content of the proposed ordinance is based on the ordinance framework presented to Council in April 2022 as well as additional policy direction given at that meeting. Staff also sent the proposed ordinance to service providers and utility agencies to make them aware of the upcoming ordinance. Planning Commission reviewed the proposed ordinance at a public hearing on June 2, 2022, and recommended approval. Meeting minutes from the Planning Commission hearing are enclosed. City Council approved this ordinance on first reading on June 27, 2022. A motion was made by Councilmember Dozeman and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The City is expected to gain revenue from building permit applications for new ADUs. BACKGROUND: Current Code The City’s zoning code (Chapter 26) does not specifically define Accessory Dwelling Units but does have a definition for dwelling unit. A dwelling unit is defined in Section 26-123 as: A building or any portion of a building designed for occupancy as complete, independent living quarters for one (1) or more persons, having direct access from the outside of the building or through a common hall, and having living, sleeping, kitchen and sanitary facilities for the exclusive use of the occupants. Section 26-625 (Accessory buildings and structures) provides regulations on accessory buildings, which are buildings incidental or subordinate to the principal use and structure on a property. Section 26-625.C.1.c.iv specifically prohibits dwelling units to be located within accessory buildings “except as otherwise expressly allowed.” No other portions of the code expressly allow dwelling units in accessory buildings, so effectively detached ADUs are not permitted in the City of Wheat Ridge. Where multiple units are permitted by virtue of the zoning, lot size, and lot width; then the code requires they be attached units. For example, a duplex is required to be two attached units. Because the multiple dwelling units are each considered a primary use, they are required to have their own utility taps and can be sold separately. A Planned Building Group (Section 26-116) can be reviewed to allow multiple primary structures on a property, but these are rare in a residential context and do not relate to accessory structures. Council Action Form – Accessory Dwelling Units July 11, 2022 Page 3 ADUs, attached or detached, are intended to be subordinate to the principal dwelling unit on the property, so they differ from the existing forms of multiple units already allowed in the City. They differ from other housing types already considered within the code. Proposed Code Amendment The proposed code amendment is based on the consensus of City Council from the November 2021 and April 2022 study sessions. • Location Permitted: ADUs are permitted in all residential, agricultural, new PRD/PMUD, and MU-N zone districts as an accessory use to a single-unit home. • Types of ADUs permitted: Detached and attached. • Review required: ADUs are subject to administrative review through review of a building permit application. • Minimum lot size for ADU: None. Existing building coverage and setback requirements already limit size/location of ADUs. ADUs are exempt from any density restrictions because they are not primary dwellings and cannot be sold separately. • Owner occupancy requirement: The primary dwelling unit or ADU must be occupied by the property owner. The ADU cannot be sold separately from the primary dwelling unit. This will be enforced through a deed restriction signed and recorded prior to Certificate of Occupancy. Some exceptions will be made for properties which currently exist as rental properties (i.e. both the primary unit and ADU are being rented). • Size restrictions: o Not to exceed 50% of the gross floor area of the primary dwelling unit or 1,000 square feet, whichever is more restrictive. o Exception for attached ADUs in basement: The above size requirements do not apply, but an attached ADU in a basement may not exceed the area of the first floor of the same structure. • Height: Not to exceed 25 feet (for a detached ADU), and bulk plane regulations apply. For attached ADUs, the height requirements of the primary structure apply (typically 35 feet in all residential zone districts). • Maximum number of ADUs per lot: One (1). • Parking: No additional off-street parking requirement beyond what is required for a single- unit home. • Nonconforming and existing ADUs: The City will allow owners of property with existing structures that may qualify as ADUs (nonconforming or unsanctioned) to apply for legal ADU status. Zoning requirements will not have to be met for existing structures but building code requirements may apply in order to address life safety concerns, electrical upgrades, and fire separation. A grace period will allow for property owners to come forward without fear of penalty. This approach has been a high priority for City Council who provided specific policy direction to staff on this topic at the April 2022 study session. Additional Components of Ordinance • Short-term rentals: An ADU may be a short-term rental (STR) provided the host continuously resides on the same property. Because the ADU ordinance requires a Council Action Form – Accessory Dwelling Units July 11, 2022 Page 4 property owner to live in the primary or accessory dwelling unit, this will allow an ADU to be an STR and considered an owner-occupied (or partial) short-term rental. This code update does not change the regulatory approach for STRs, but it provides additional clarification on the relationship between ADUs and STRs. • New and updated definitions: Definitions for ADU, detached ADU, and attached ADU will be added to the code. Existing definitions for single-family, duplex, and multifamily will be revised so that all terminology within the code is consistent (see next bullet point). • Replacement of housing terms: The zoning code contains discrepancies in the definitions of housing types. The Mixed Use code (Article XI of Chapter 26) was adopted in 2010 to create mixed use districts and to modernize use categories. This resulted in different terms being used in the rest of Chapter 26 to define the same housing type, which results in confusion and multiple parallel definitions. City Council supported changing instances of “one-family”, “two-family”, and “multifamily” in the code to “single-unit” or “single detached dwelling”, “duplex” or “two-unit”, and “multi-unit” or “multiple dwellings”, respectively. This will help modernize the code and create consistency throughout Chapter 26. Per the City Attorney, this is considered a conforming amendment since existing definitions are already being revised and new ones being added for the ADU ordinance. Notice for this public hearing was provided as required by the Wheat Ridge Code of Laws (“Code”). RECOMMENDATIONS: Staff recommends approval of the ordinance with an amendment to the effective date. Staff is recommending a revised effective date of August 15, 2022, instead of August 1, 2022 as originally included in the ordinance to allow for additional time to effectively implement the ordinance. The extra time will allow for training of staff, updates to the website, development of checklists, etc. and allow for a more effective rollout of the ordinance to the public. RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of accessory dwelling units and making conforming amendments therewith, on second reading, and that it take effect on August 15, 2022.” Or, “I move to postpone indefinitely Council Bill No. 15-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of accessory dwelling units and making conforming amendments therewith, for the following reason(s) _________________.” Council Action Form – Accessory Dwelling Units July 11, 2022 Page 5 REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2022 2. Planning Commission Draft Meeting Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE REGULATION OF ACCESSORY DWELLING UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH WHEREAS, the City of Wheat Ridge, Colorado is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the comprehensive plan for the City of Wheat Ridge, Envision Wheat Ridge, contains goals for increasing the types of housing options available in the community; and WHEREAS, public input over the last six years has indicated consistent support for accessory dwelling units (ADUs) among community members; and WHEREAS, the Council recognizes ADUs can play an important role in addressing housing need, affordability, and intergenerational households; and WHEREAS, the Council finds that it is necessary to adopt regulations allowing ADUs within the City of Wheat Ridge; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-115.C.1 of the Wheat Ridge Code of Laws, concerning administrative variances, is hereby amended as follows: 1. Administrative variances fifty (50) percent or less: The director of community development is empowered to decide upon applications for administrative variances from the strict application of any of the “development standards” pertaining to zone districts in article II and sections 26-501 (off-street parking) and 26-502 (landscaping requirements), and 26-603 (fencing), 26-646.B (development standards for ADUs) and article VII (signage) of this chapter, which apply through the various zone district regulations and in other situations ATTACHMENT 1 2 which may be specifically authorized in the various sections, without requirement of a public hearing, under the following conditions: a. The variance does not exceed fifty (50) percent of the minimum or maximum standard; and b. The director of community development finds that a majority of the criteria as set forth in subsection C.4 hereof, are substantially complied with and support the request; and c. The director of community development has notified adjacent property owners and occupants by letter notice and posting of the site for at least ten (10) days prior to rendering the decision, and that no objections have been received during such ten-day period. Any objections must be received in writing and be directly related to concerns regarding the request. General objections regarding existing land use conditions or issues not related to the request will not be considered grounds for objection. d. That no additional dwelling units would result from approval of such variance., other than an accessory dwelling unit. e. In no instance shall the community development director hear or grant a variance as to use or as to an activity or development which is prohibited by this chapter nor shall the limitations of Charter section 5.10.1 be exceeded. Section 2. Section 26-120.C.1 of the Wheat Ridge Code of Laws, concerning nonconforming structures and uses, is hereby amended as follows: 1. Any onesingle- or two-familyunit dwelling structure or customary accessory structure may be enlarged, altered or added to provided that all lot coverage requirements of the zoning district in which the structure is located are met, and provided that the enlargement, alteration or addition does not increase the extent of nonconforming setbacks by encroaching beyond the existing setback line. The residential bulk plane standards set forth in subsection 26- 642.A shall apply to any enlargement, alteration, or addition of or to both the primary structure and any accessory structures to the primary structure. In addition, no enlargement, alteration or addition which extends within the nonconforming area shall result in the development of any additional dwelling units., with the exception of an accessory dwelling unit. Section 3. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended by revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: 3 Accessory dwelling unit. A dwelling unit located on the same lot with a single detached dwelling and subordinate in size and purpose to the primary dwelling. Accessory dwelling unit, attached. An accessory dwelling unit that is a distinctly separate unit from the primary dwelling unit but is physically attached to or is integrated within the same structure as the primary dwelling unit, including a basement, addition, floor, or portion of a floor. Accessory dwelling unit, detached. An accessory dwelling unit that is located within an accessory structure on the same lot as the primary dwelling unit. … Building, accessory. A subordinate building or portion of a main building the use of which is incidental to that of the main building or use on the same lot. These accessory buildings shall include, but are not limited to, private storage sheds, detached garages, detached carports, detached accessory dwelling units, membrane structures that meet current building code requirements, chicken coops, gazebos, greenhouses and barns. An urban garden use may but is not required to have a main building. Except for urban garden uses, an accessory building must be clearly subordinate to a main building located on the same lot and an accessory structure shall not be located on a vacant lot devoid of a main building. … Dwelling, one-family Dwelling, single detached. A building designed for occupancy by not more than one (1) family. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single-unit dwelling. Dwelling, two-family Dwelling, duplex. A building designed for occupancy by two (2) families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls either in a stacked configuration or side-by-side configuration. Also referred to as two-unit dwelling. 4 Dwelling, multiple. A building or group of buildings designed for occupancy by three (3) or more families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side-by side configuration. Also referred to as multi-unit dwelling. Section 4. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Accessory Uses for Residential Zone Districts Notes Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling Section 5. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Agricultural and Public Facilities Districts Accessory Uses Notes Accessory dwelling unit (ADU) See § 26-646, allowed as an accessory use to a single detached dwelling Section 6. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) … Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 30' (c) 15' 15' Minor 10' 200 sf N/A N/A 30' (c) 5’ 5’ Accessory dwelling 25’ (f) Floor area N/A N/A 30’ (c) 15’ 15’ 5 unit, detached limited to 50% of principal, or 1,000 sf, whicheve r is less … (f) Bulk plane regulations shall apply in accordance with section 26-642. Section 7. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) … Accessory Buildings (d) Major 15' 1,000 sf N/A N/A 25' (c) 5' if ≤10' in height, 10' if >10' in height 5' if ≤10' in height, 10' if >10' in height Minor 10' 400 sf N/A N/A 25' (c) 5’ 5’ Accessory dwelling unit, detached 25’ (f) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (c) 5’ if ≤ 10’ in height, 10’ if > 10’ in height 5’ if ≤ 10’ in height, 10’ if > 10’ in height … (f) Bulk plane regulations shall apply in accordance with section 26-642. Section 8. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: 6 B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (f) Major 15' 600 sf N/A N/A 25' (d) 5' 5' if ≤10' in height; 10' if >10' in height Minor 10' 300 sf N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (h) Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height, 10’ if > 10’ in height … (h) Bulk plane regulations shall apply in accordance with section 26-642. Section 9. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat Ridge Code of Laws is amended by the addition of a new line within the accessory buildings category as follows: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (e) Major 15' (f) 600 sf N/A N/A 20' (d) 15' 15' Minor 10' (f) 300 sf N/A N/A 20' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (f) Floor area limited to 50% of N/A N/A 20’ (d) 5’ 5’ 7 principal, or 1,000 sf, whichever is less Section 10. Section 26-209.B (Residential-Two District (R-2)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (f) Major 15' 1,000 sf per unit N/A N/A 25' (d) 5’ 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (h) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (h) Bulk plane regulations shall apply in accordance with section 26-642. Section 11. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: 8 Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (c) Minimum Rear Yard Setback (c) … Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (d) 15' 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf/4 d.u. N/A N/A 25' (d) 5’ 5’ Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (i) Bulk plane regulations shall apply in accordance with section 26-642. Section 12. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) … Accessory Buildings (g) Major 15' (h) (i) 600 sf (per unit) N/A N/A 25' (e) 5' 5' if ≤10' in height; 10' if >10' in height Minor 10' (h) (i) 400 sf/4 d.u. N/A N/A 25' (e) 5’ 5’ 9 Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height Section 13. Section 26-212.B (Residential-Three A District (R-3A)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area Minimum Lot Width (a) Minimum Front Yard Setback (b) Minimum Side Yard Setback (d) Minimum Rear Yard Setback (d) … Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25' (e) 15' 5' if ≤10' in height; 10' if >10' in height Minor 10' 400 sf/4 d.u. N/A N/A 25' (e) 5’ 5’ Accessory dwelling unit, detached 25’ (i) Floor area limited to 50% of principal, or 1,000 sf, whicheve r is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height … (i) Bulk plane regulations shall apply in accordance with section 26-642. Section 14. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: 10 B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (d) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) … Accessory Buildings (e) Major 35' 25% N/A N/A 30' (c) 15' 5' Minor 35' 25% N/A N/A 30' (c) 15’ 5’ Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 30’ (c) 15’ 5’ Section 15. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat Ridge Code of Laws is amended by adding a new line within the accessory buildings category as follows: B. Development standards: Maximum Height Maximum Building Coverage Minimum Lot Area (e) Minimum Lot Width Minimum Front Yard Setback Minimum Side Yard Setback (a) Minimum Rear Yard Setback (b) … Accessory Buildings (f) Major 35' 25% N/A N/A 30' (c) 15' 15' Minor 35' 200 sf N/A N/A 30' (d) 5’ 5’ Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 30’ (c) 15’ 5’ 11 Section 16. Section 26-312 of the Wheat Ridge Code of Laws, concerning planned residential development (PRD) district regulations, is hereby amended by the addition of a new subsection L, as follows: L. Any planned residential development approved on and after August 1, 2022, which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 17. Section 26-316.B of the Wheat Ridge Code of Laws, concerning planned mixed use development (PMUD) district regulations, is hereby amended as follows: B. Permitted uses. Permitted uses shall be a mixture of residential and commercial uses governed by approval of the outline development plan. Extended stay lodging shall be permitted only in planned mixed use districts and planned commercial districts, and only as a special use subject to the standards in chapter 11, article XVI. Any planned mixed use development approved on and after August 1, 2022 which allows single detached dwelling units as a primary use shall allow accessory dwelling units as an accessory use. Section 18. Section 26-414.A.2.b of the Wheat Ridge Code of Laws, concerning exemptions from the parkland dedication requirement, is hereby amended as follows: b. Exemptions. Nursing homes and similar confined care or skilled nursing facilities are exempt from the requirements of this section. i. Nursing homes and similar confined care or skilled nursing facilities. ii. Accessory dwelling units. Section 19. Section 26-625 of the Wheat Ridge Code of Laws, concerning accessory buildings and structures, is hereby amended by deletion of subsection C.1.c.iv as follows: iv. Dwelling unit restriction. Except as otherwise expressly allowed, no dwelling unit shall be located in any accessory. Section 20. Section 26-626 of the Wheat Ridge Code of Laws, concerning residential uses in commercial zones; conditions, is hereby amended by the deletion of subsection D, revision of subsection E, and appropriate re-lettering of the remaining subsections: D. Residential dwelling units shall be no less than five hundred (500) square feet each. 12 DE. Parking shall be supplied at the rate of one (1) space per three hundred (300) square feet of floor area. Parking shall be supplied at the rate of one (1) space per dwelling unit. Section 21. Section 26-646.C of the Wheat Ridge Code of Laws, concerning allowances for short-term rental hosts, is hereby amended as follows: C. Maximum number per short-term rental host: A short-term rental host, as defined in Section 26-123 (“short-term rental host”), may operate a short-term rental in up to one (1) dwelling unit not occupied by the host (a “whole-home” rental), and in up to one (1) dwelling unit occupied by the host (a “partial-home” rental) where a portion of the dwelling unit, such as a room or rooms, functions as a short-term rental, so long as the host continuously resides in the dwelling unit or on the same property in either the primary or accessory dwelling unit through the duration of the rental. This maximum shall apply to all types of dwelling units in all zone districts, except for the following: 1. Apartments and mixed use developments: A short-term rental host, as the owner of an apartment or mixed-use development in the Mixed Use – Neighborhood (MU-N), Mixed Use – Commercial (MU-C) series, and Commercial-One (C-1) zone districts, may operate a maximum of four (4) dwelling units as short-term rentals within that development. For apartment and mixed-use developments with greater than forty (40) dwelling units in these zone districts, additional short-term rentals are permitted at a rate of five (5) percent of the total number of dwelling units, in addition to the four already permitted by this section. For the purposes of this subsection, an apartment or mixed-use development shall mean one or multiple contiguous properties under one ownership with one or more multifamily or mixed-use buildings. 2. Condominium developments: For condominium developments (those which have a recorded condominium plat allowing for individually-owned dwelling units) in any zone district, each individual dwelling unit owner is eligible, as a short-term rental host, to operate a short-term rental as provided by subsection C of this section, provided that the maximum number of such rentals allowed by subsection C.1 is not exceeded in the development. 3. Accessory dwelling units: A short-term rental shall be permitted to operate within an accessory dwelling unit and shall be considered an owner-occupied or partial-home short-term rental. Section 22. A new Section 26-646 (Accessory dwelling units) is hereby adopted within Chapter 26, Article VI, Supplementary Regulations, to read as follows: Sec. 26-646. – Accessory dwelling units Accessory dwelling units, as defined in Section 26-123, are subject to the following requirements: 13 A. Eligible zone districts: An accessory dwelling unit (ADU) shall be permitted as an accessory use to single detached dwellings in all residential and agricultural zone districts and in the mixed use-neighborhood (MU-N) zone district. Planned residential developments and planned mixed use developments that are approved on and after August 1, 2022 and that allow single detached dwelling units as a primary use shall also allow ADUs as an accessory use. B. Development standards: a. Detached accessory dwelling units shall be subject to the accessory building development standards for the zone district in which they are located, set forth in sections 26-205 to 26-214 and this section, including bulk plane requirements for ADUs located in residential zone districts. b. Attached accessory dwelling units shall be subject to the principal building development standards for the zone district in which they are located, set forth in sections 26-205 to 26-214 and this section, including bulk plane requirements for ADUs located in residential zone districts. c. Size: The floor area of an accessory dwelling unit shall not exceed fifty (50) percent of the gross floor area of the primary dwelling unit, or one thousand (1,000) square feet, whichever is more restrictive. As an exception to this rule, an attached accessory dwelling unit in a basement or second floor may exceed this allowance, provided the area does not exceed the area of the first floor of the same structure. d. Height: A detached accessory dwelling unit in any zone district may not exceed 25 feet in height. C. Parking: No additional parking spaces shall be required. Parking requirements for short-term rentals may apply if the ADU is being operated as a short-term rental, subject to the standards in section 26-645.D.6. D. Maximum number: A maximum of one (1) accessory dwelling unit shall be permitted per property. E. Owner occupancy: a. The property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the primary dwelling unit or the ADU. b. Deed restriction: As a condition of and prior to approval of an ADU, or issuance of building permit for the ADU (or at a later time if determined by the director as appropriate for the proposed initial or later use of the property), the property owner shall be required to execute a declaration of restrictions, binding upon successors and assigns, in a form approved by the City Attorney, to be recorded by the City with the Jefferson County Clerk and Recorder, which requires that: 1. The ADU shall not be sold separately from the primary dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision can be accomplished in accordance with all provisions of this Code; 14 2. The primary dwelling unit or the ADU shall be occupied by the property owner; and 3. Failure to continuously comply with deed restrictions may subject the owner of the property to penalties provided for in this Code, including the revocation of the certificate of occupancy or completion. c. Removal of deed restriction: In the event the ADU is demolished or modified such that it no longer functions as an ADU, the community development director shall record appropriate documentation releasing such encumbrance upon written request of the property owner. F. Nonconforming properties: a. Owners of property currently containing structures or portions of structures which may fall within the definition of ADU under section 26-123, are hereby granted the right to apply to the City for approval of the same until August 1, 2024. Following that date, and in the absence of City approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the City, the deed restriction requirement of subsection E shall apply. Development standards of subsection B do not apply. b. A building permit shall be required for any construction or modification of the ADU to bring the structure into compliance with applicable building codes, to the extent practical, as determined by the community development director, in consultation with the chief building official. A building permit is not required to the extent the ADU is determined to be legally nonconforming pursuant to Section 26-120 as documented by proof provided by the owner and to the satisfaction of the community development director. c. If a property contains more than one (1) ADU, deemed lawful pursuant to subsections F.a and F.b by August 1, 2024, those ADUs shall be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code Section 26-120.C. d. The owner occupancy requirement of this section shall not apply to properties which, on August 1, 2022 (as documented by proof provided by the owner and to the satisfaction of the community development director), contain a primary dwelling and ADU, neither of which are occupied by the owner. In the event the property is sold or the owner commences occupancy of either the primary dwelling or ADU, this exemption from the application of the owner occupancy requirements of this section shall expire. e. Properties containing existing nonconforming accessory structures may be eligible for conversion of those structures to an ADU only to the extent a 15 variance to address nonconforming elements is first obtained pursuant to Section 26-115. G. Existing development on lot. A single detached dwelling unit must exist as a primary dwelling unit on the lot or parcel or be constructed simultaneously with the ADU. A certificate of occupancy or completion for an ADU will only be issued after or coincident with issuance of the same for the primary dwelling unit. Section 23. The “Permitted Uses” Chart set forth in Section 26-1111 of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended by inserting a new row concerning ADUs as follows: Permitted Uses Use Group MU-C MU-C Int MU-C TOD MU-N Ancillary Uses Accessory dwelling unit (see § 26-646), as an accessory use to a single detached dwelling NP NP NP P Section 24. The following definitions within Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Article XI of Chapter 26 of the Code concerning mixed use zoning, are hereby amended, as follows: Dwelling, duplex. A building designed for occupancy by two (2) families living in separate dwelling units as tenants from month to month or for a term longer than one (1) month. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls either in a stacked configuration or side-by-side configuration. Also referred to as two-unit dwelling. … Dwelling, single detached. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single-unit dwelling. Section 25. All references to the terms “single-family,” “two-family,” and “multi- family” within Chapters 21 and 26 are hereby replaced with the terms “single-unit” or “single detached”, “duplex,” and “multi-unit” as enumerated in the attached Exhibit 1. Section 26. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall 16 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 27. Effective Dates; Compliance Required. This Ordinance shall take effect on August 1, 2022, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 27th day of June, 2022, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for July 11, 2022 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions and that it takes effect on August 1, 2022. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 11th day of July, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. ________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: June 30, 2022 Second Publication: July 14, 2022 Effective Date: August 1, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us 17 Exhibit 1 The terms “single-family”, “two-family”, and “multi-family” are hereby replaced in the listed sections, as follows: 26-103.B Replace "single and two-family" with "single detached and duplex" 26-103.E Replace "single-family" with "single-unit dwelling" 26-111.A Replace "single-family dwelling or one-duplex dwelling" with "single-unit dwelling or two-unit dwelling" 26-117.C Replace "multifamily" with "multi-unit" 26-117.D Replace "multifamily" with "multi-unit" (three instances) 26-117.D Replace "single-family or two-family" with "single-unit or two-unit" 26-120.B Replace "single-family" with "single-unit" and “single-family residence” with “single-unit dwelling” 26-123 Definition of Bed and breakfast rooms: Replace "one-family" with "single detached" (both instances) 26-123 Definition of Manufactured Home: Replace "single-family" with "single-unit or accessory" 26-204 (Residential Table of Uses) Replace "One-family dwelling" with "Single detached dwelling" Replace "Two-family dwelling" with "Duplex dwelling" Replace "Three-family dwelling" with "Three-unit dwelling" Replace "Four-family dwelling" with "Four-unit dwelling" Replace "Multifamily dwelling" with "Multi-unit dwelling" For Farmers' markets use, update notes: Replace "single- or two-family home" with "single- or two-unit dwelling" In Accessory Uses table, for Farmers' markets, update notes: "Replace "single- or two-family home" with "single- or two-unit dwelling" 26-204 (Agricultural and Public Facilities Table of Uses) Replace "One-family dwelling" with "Single detached dwelling" 26-205.B (R-1) Replace "One-family dwelling" with "Single detached dwelling" 26-206.B (R-1A) Replace "One-family dwelling" with "Single detached dwelling" 26-207.B (R-1B) Replace "One-family dwelling" with "Single detached dwelling" 26-208.A (R-1C) Replace "single-family" with "single-unit" 26-208.B (R-1C) Replace "One-family dwelling" with "Single detached dwelling" 26-209.B (R-2) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" 26-210.B (R-2A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling” Footnote d: Replace "one- or two-family" with "single- or two-unit" Footnote e: Replace “multifamily” with “multi-unit” Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings” 26-210.C (R-2A) Replace "single- or two-family homes" with "single- or two-unit dwellings" 18 26-211.B (R-3) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and replace “Multifamily” with “Multi-unit dwelling” Footnote e: Replace "one- or two-family" with "single- or two-unit" Footnote f: Replace "multifamily" with "multi-unit" Footnote i: Replace "one-family" with "single detached" Footnote i (after bulk plane line): Replace “multifamily dwelling units” with “multi-unit dwellings” 26-211.C (R-3) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-212.B (R-3A) Replace "One-family dwelling" with "Single detached dwelling" and "Two-family dwelling" with "Duplex dwelling" and “Multifamily” with “Multi-unit dwelling” Footnote e: Replace "one- or two-family" with "single- or two-unit" Footnote f: Replace “multifamily” with “multi-unit” Footnote h: Replace “multifamily dwelling units” with “multi-unit dwellings” 26-212.C (R-3A) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-213.A (A-1) Replace "single-family" with "single-unit" 26-213.B (A-1) Replace "One-family dwelling" with "Single detached dwelling" Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling" 26-213.C (A-1) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-214.B (A-2) Replace "One-family dwelling" with "Single detached dwelling" Footnote c: Replace "one-family or two-family dwelling" with "single-unit dwelling" 26-214.C (A-2) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-215.C (PF) Replace "single- or two-family homes" with "single- or two-unit dwellings" 26-307.D Replace "single- and two-family" with "single- and two-unit dwelling" 26-412.D.2.b Replace "in a single family area" with "in an area predominately consisting of single detached dwellings" 26-417.E.2.b Replace "Multifamily" in title with "Multi-unit" and in subset "i" 26-417.E.2.c Replace "Single- or two-family" in title with "Single- or two-unit", in title and in subset "i" 26-420 Replace “multi-family” with “multi-unit residential” in the section heading. Replace all instances of “multi-family” throughout following the instructions below (in order of appearance): • A, 1st para: Replace “multi-family dwelling units” with “multi-unit dwellings” • A, 1st para: Replace “multi-family” with “multi-unit” • A, 1st para: Replace “multi-family” with “multi-unit” • A, 2nd para: Replace “MULTI-FAMILY DWELLING UNITS” with “MULTI-UNIT DWELLINGS” • A: 2nd para: Replace “MULTI-FAMILY” with “MULTI-UNIT” (both instances) • A, 3rd para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT” • A, 4th para: Replace “MULTI-FAMILY” with “MULTI-UNIT” • A, 6th para: Replace all instances of “MULTI-FAMILY” with “MULTI-UNIT” • B, 1st para: Replace “multi-family” with “multi-unit” 26-501.B Replace "single-family" with "single detached dwelling" 26-501.B.7 Replace "single and two-family" with "single- and two-unit" 26-501.E.1.c.iv Replace "Multifamily" with "Multi-unit dwelling" (both instances) 26-501.E.2, Table 6 (Summary Chart) In Multifamily elderly housing… category, replace "Multifamily" with "Multi unit" 19 In Multifamily residential category, replace "Multifamily" with "Multi unit" Replace "New single- and two-family residential" category with "New single- and two-unit dwellings" In Residential group homes category, replace "single-family residential" in requirements column with "single-unit" 26-501.E.4.a.i Replace "multifamily" with "multi-unit dwelling" 26-501.E.4.b, Table 7 Replace "multifamily" with "multi-unit dwelling" 26-501.E.5 Replace "single-family" with "single detached", Replace "one- or two-family" with "single- or two-unit" 26-501.E.9 Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.b Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.c Replace "one- and two-family" with "single- and two-unit" 26-501.E.12.k Replace "multifamily" with "multi-unit dwelling" (both instances) 26-501.E.12.l Replace "one- and two-family" with "single- and two-unit" 26-501.F.1 Replace "one- or two-family" with "single- or two-unit" 26-501.F.2.a Replace "one- and two-family" with "single- and two-unit" 26-501.F.2.b Replace "one- and two-family" with "single- and two-unit" 26-501.G.3.d.iii Replace "multi-family" with "multi-unit dwelling", replace next “multi-family” with “multi-unit”, and replace "multifamily" with "multi-unit" 26-501.H.10 Replace "one- or two-family" with "single- or two-unit" (both instances) 26-502.B Replace "multi-family" with "multi-unit dwelling" 26-502.C.5 Replace "single-family" with "single-unit" 26-502.D.1 Replace "Single- and two-family" with "Single detached and duplex" 26-502.D.1.c Replace "single family and two family residences" with "single detached and duplex dwellings" 26-502.D.2 Replace "Multifamily" with "Multi-unit" 26-502.D.2.e Replace "multi-family" with "multi-unit dwelling" 26-503.C.3, 8, and 9 Replace "multifamily" with "multi unit" (3 instances in Sec. 26-503) 26-603.B.2.c.v Replace "single and two family homes" with "single- and two-unit dwellings" 26-608 Replace "one-family" with "single detached" 26-608.B.3 Replace "one-family" with "single detached" 26-614.A.2 Replace "one- or two-family" with "single- or two-unit” 26-614.B Replace "One- and two-family" with "One- and two-unit” 26-614.D Replace "multi-family" with "multi-unit dwelling" 26-615.D.7.b Replace "single- or two-family" with "single- or two-unit” 26-615.D.7.d Replace "multi-family with "multi-unit dwelling" 26-616.F.1.b Replace "multifamily" with "multi-unit dwelling" 26-621.I Replace "multi-family" with "multi-unit" and "multifamily" with "multi-unit" 26-638.A Replace "one-family, two-family, or multi-family" with "single-unit, two-unit, or multi-unit" 26-639.C.7 Replace "family" with "unit" (both instances) 26-645.C.1 Replace "multifamily" with "multi-unit dwellings" 20 26-645.E.1 Replace "single- and two-family" with "single- and two-unit", Replace "single-family attached townhomes" with "single attached townhome" 26-709.B.1 Replace "single-family and duplex units" with "single detached and duplex dwellings" 26-709.B.2 Replace "Multifamily" with "Multi-unit" 26-709.C, Table 1 Replace "Multifamily" with "Multi unit" 26-709.C, Table 2 Replace "Multifamily" with "Multi unit" 26-710.J.6 Replace "multifamily" with "multi-unit dwelling" 26-711.I.3 Replace "multifamily" with "multi-unit dwellings" (both instances) 26-1104.G Replace "single- or two-family" with "single- or two-unit” 26-1105.C Replace "single- or two-family" with "single- or two-unit" (in table) 26-1106.H.1 Replace "single- or two-family" with "single- or two-unit” 26-1106.H.2 Replace "single- or two-family" with "single- or two-unit" 26-1109.J.2 Replace "multifamily" with "multi-unit" 26-1301.A Replace “multi-family” with “multi-unit residential” in subsections 1 and 2. 26-1302 In “association”, replace “multi-family” with “multi-unit” (both instances) In “homeowner”, replace “multi family” with “multi-unit” and “multifamily” with “multi-unit residential” 26-1303 Replace “multi-family” with “multi-unit” and “multifamily” with “multi-unit residential” 21-124.a(3) Replace "Multifamily" with "Multi-unit dwellings" 21-124.b Replace "single family residential homes" with "single detached dwellings" 21-182.2 Replace "single-family residence" with "single detached" and replace "two-family" with "duplex" Planning Commission Minutes - 3 – June 2, 2022 Public Forum No one wished to speak. It was moved by Commissioner DISNEY and seconded by Commissioner DITULLIO to recommend APPROVAL of Case No. WZ-22-05, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial Interstate (MU-C Interstate) for property located at 10101 W. I- 70 Frontage Road North, for the following reasons: 1.The proposed zone change will promote the public health, safety, orwelfare of the community and does not result in an adverse effect onthe surrounding area.2.Utility infrastructure adequately services the property. 3.The proposed zone change is consistent with the goals and objectives ofthe City’s Comprehensive Plan.4.The zone change will provide additional opportunity for reinvestment in the area. 5.The criteria used to evaluate a zone change supports the request Motion carried 6-0. B.Case No. ZOA-22-03: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws Concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith. Mr. Cutler gave a brief presentation explaining the ordinance for AccessoryDwelling Units and its definition. Commissioner SCHELKE asked if an ADU has to be a short-term rental of if it canbe long-term as well. Mr. Cutler confirmed ADUs can be both short- and long-term rentals and explained that most likely most ADUs will be long-term rentals. In response to a question from Commissioner SCHELKE regarding the possibilityof an ADU being non-compliant with the building code, Mr. Cutler explained thatif an existing ADU has been built without being previously permitted it will need to get a permit to make sure there are no life safety issues. Commissioners DITULLIO and LEO inquired about current properties which arenot owner-occupied and if this will still be allowed. Mr. Cuter confirmed they will be allowed to continue due to a provision in the ordinance requested by City Council; he added that owners will be required to signthe deed restriction which means the owner-occupancy requirement would apply if ATTACHMENT 2 Planning Commission Minutes - 4 – June 2, 2022 or when the property is transferred to new owners in the future. Ms. Mikulak added that ADUs will not be allowed on properties with duplexes, but only on properties with detached single-unit homes. In response to a question from Commissioner DISNEY regarding an ADU being built without a permit, Ms. Mikulak explained that the City’s response would be the same for any work done without a permit. She explained a stop work order would be assessed with fines and then the permitting process would continue properly. Mr. Cutler gave a brief explanation about short-term rentals and how many are allowed per district and mentioned there are caps which are being managed through the licensing process. Commissioner LEO asked if there will be a lot area restriction for ADUs and asked if you have more than one ADU on a property. Mr. Cutler clarified that only one ADU will be allowed on a single-unit property and added that currently in the code there are lot requirements for single-unit homes and there is maximum lot coverage which would apply to the ADU as well. Mr. Cutler and Ms. Mikulak also explained the process of identifying a property as conforming or legally non-conforming and how a property will be allowed to have an ADU on site per questions from Commissioner ANTOL. Commissioner ANTOL asked if there is concern of ADUs weakening the utility infrastructure. Mr. Cutler explained that the ordinance was sent on referral to the utility companies and there were not comments with that concern. He added developers would have to incur the expense of possible tap fees if any. Ms. Mikulak mentioned this ordinance will not resulting in a huge impact on infrastructure nor will it be an answer to all affordable housing challenges. Public Forum No one wished to speak. It was moved by Commissioner DITULLIO and seconded by Commissioner DISNEY to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the regulation of Accessory Dwelling Units and making conforming amendments therewith. Motion carried 5-1 with Commissioner LEO voting against. ITEM NO: 3 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2022 – AN ORDINANCE AMENDING SECTION 17-52 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF ASSISTED MOBILITY DEVICES IN PARK AND RECREATION AREAS PUBLIC HEARING ORDINANCES FOR 1ST READING (06/27/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/11/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: This ordinance amends Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices on certain City recreation trails by persons with disabilities. PRIOR ACTION: The current Section 17-52 of the Code titled “Vehicles” was adopted in 2004. City Council approved this ordinance on first reading on June 27, 2022. A motion was made by Councilmember Hultin and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: Minor costs associated with updating signage, maps, posted rules and regulations. Depending upon the degree of use of the permitted assisted mobility devices, some staff enforcement costs may be experienced. BACKGROUND: The Americans with Disabilities Act (ADA), requires public and private entities to make reasonable accommodations to their facilities and programs in order to ensure that persons with disabilities are able to access and use the same in substantially the same manner as other persons. Council Action Form – Assisted Mobility Devices July 11, 2022 Page 2 Familiar examples are curb ramps for accommodating wheelchairs, reserved parking spaces and similar accessibility accommodations. Certain of the City’s trails have been posted “no bicycles,” where such use may be hazardous to other users or injurious to the trail itself. It has come to the attention of Parks and Recreation staff that this restriction prevents some persons from accessing the trail completely, as they have need of assisted mobility devices. This ordinance revises the relevant Code section to make an exception for assisted mobility devices for persons with disabilities. Staff will monitor use of the affected trails and adjust the policy as needed. RECOMMENDATIONS: Staff recommends adoption of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2022, an ordinance amending Section 17-52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas, and that it take 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 14-2022, an ordinance amending Section 17- 52 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in park and recreation areas for the following reason(s) ______________________________________. REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 14 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING SECTION 17-52 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF ASSISTED MOBILITY DEVICES IN PARK AND RECREATION AREAS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted Code Section 17-52 of the Wheat Ridge Code of Laws (the “Code”) concerning vehicles in city parks; and WHEREAS, the Council now wishes to further amend Section 17-52 of the Code to address the use of assisted mobility devices for persons with disabilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-52.d is amended to read: (d) All bicycle riders shall obey traffic signs and laws regulating the operation, stopping or parking of vehicles. Bicycle riding will be governed further by safe riding practices and consideration for the use of park and recreation areas and trails by others. Bicycle riding is prohibited on playgrounds, tennis courts and game courts, in pavilions, in the conservation area or in any area where other activities are in progress, WITH THE EXCEPTION OF ASSISTED MOBILITY DEVICES FOR PERSONS WITH DISABILITIES. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 27th day of June 2022, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final ATTACHMENT 1 passage set for July 11, 2022 at 7:00 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: June 30, 2022 Second Publication: July 14, 2022 Effective Date: July 29, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS VACANCIES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ City Clerk City Manager ISSUE: There is currently one District I vacancy on the Liquor Licensing Authority, and two Alternate vacancies, both “at large” seats from any district, on the Board of Adjustment. PRIOR ACTION: Council appointed members to expired and vacant seats on February 28, 2022. That appointment process led to a vacancy on the Liquor Authority as the incumbent at the time was appointed to the Planning Commission. The Board of Adjustment Alternate positions were not filled at that time. FINANCIAL IMPACT: None BACKGROUND: Following the appointment of volunteers to Wheat Ridge Boards and Commissions earlier in the year, the City had additional vacancies on the two boards and commissions noted above. A successful recruitment campaign utilizing newspaper advertisements, social media posts, e-newsletter distribution and word of mouth recruitment yielded multiple applications for each seat. Council Action Form – Board and Commission Appointments July 11, 2022 Page 2 There are four applicants, all from District I, for the Liquor Licensing Authority Board vacancy, term to expire March 1, 2024: 1. Cody Churchill 2. Clarence Fullard 3. Ryan Martin 4. Brian Rollo There are four applicants from various Districts for the two alternate “at large” vacancies on the Board of Adjustment, one term to expire March 1, 2023 and one term to expire March 1, 2025: 1. Andre Amoor 2. Colleen Anthony 3. Christa Forgy 4. Jesse Pearlman RECOMMENDED MOTIONS: “I move to appoint ______________________ to the Board/Commission, term to expire _______________________.” REPORT PREPARED/REVIEWED BY: Stephanie Pomponio, Administrative Assistant Robin Eaton, Deputy City Clerk Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Motions for 2022 Board and Commission Appointments by District 2. Applications for Liquor Licensing Authority Board vacancy, District I 3. Applications for Board of Adjustment vacancies, “At Large” Motions For Board and Commission Appointments by District DISTRICT I I move to appoint: ______________________ to the Liquor Licensing Authority Board, term ending 3/1/24 ALTERNATES I move to appoint: ______________________ to the Board of Adjustment, term ending 3/2/23 ______________________ to the Board of Adjustment, term ending 3/2/25 ATTACHMENT 1 Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* CODY Last Name* CHURCHILL Address1* 3160 PIERCE STREET Address2 Application for Boards and Commissions - Submission #69815 Date Submitted: 6/2/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:45 PM ATTACHMENT 2 City* WHEAT RIDGE State* CO Zip* 80214 Phone Number* 3037259987 Alternate Phone Number 3037259987 Email Address* CCHURCHILL@WOODRUFFSAWYER.COM Current Occupation HEALTH INSURANCE BROKER Employer WOODRUFF SAWYER Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 15 YEARS Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I am a Colorado native and went to Saints Peter & Paul, then Everitt, I moved to COS for High School and attended the University of Denver. I purchased my first home on Pierce St in 2008 and I am loving the direction Wheat Ridge is going with the Ridge at 38 project and Local Works. I love our little town and hope we continue to grow with local businesses. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I try to shop local and support small business as often as I can. With that being said I want to support new business and help our community to grow. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:45 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I have been involved at different levels throughout the years for the IABA Colorado, Sons of Italy Wheat Ridge, former VP of the Our Lady of Mount Carmel Men's Club and HUNI Association. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* I don't see any conflicts of interest. I've been supporting Wheat Ridge businesses my whole life and hope to impact current and future establishments. Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Only when out of town for work. Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Very comfortable. Upload any additional supporting documents (e.g. resume, cover Letter) Cody Churchill Profile.pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:45 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:45 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Clarence Last Name* Fullard Address1* 2859 Gray St Address2 Application for Boards and Commissions - Submission #69999 Date Submitted: 6/14/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:46 PM City* Wheat Ridge State* CO Zip* 80214 Phone Number* 303-253-1042 Alternate Phone Number Email Address* fulla1cd@gmail.com Current Occupation Project Manager Employer Department of Interior Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 6 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * Interested and active community member. Have seen Wheat Ridge and surrounding communities (like Edgewater) grow and develop licensed beer and liquor establishments, and wish to better understand and have a say in the matter in the future. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Population growth, expanded ABV sales, new breweries, growing beer/wine availability on 38th and 44th. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:46 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* Graduated from Wheat Ridge 101 in fall 2021. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* None Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? No Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. High level of comfort Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:46 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:46 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Ryan Last Name* Martin Address1* 7080 W 32nd Place Address2 Application for Boards and Commissions - Submission #70002 Date Submitted: 6/14/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:49 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 4045455316 Alternate Phone Number Email Address* ryanmartin2345@gmail.com Current Occupation Product Manager - Clinical Data Employer DaVita Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 16 months Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I work at DaVita as a Product Manager overseeing a clinical management tool and a facility dashboard for leadership. I enjoy beekeeping, growing plants, have a vegetable garden and cycling. I would like to increase my involvement and learn about the processes and procedures of our local government. To better serve my neighbors and community. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Resolving violations and disputes in an open and fair manner. Evaluating applications to ensure they are in the best interest of the residents and the city. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:49 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* Advisor to the Zeta Beta Tau fraternity at the University of Denver. Specifically overseeing academics, community service and philanthropy committees. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* N/A Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? No Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Excellent Upload any additional supporting documents (e.g. resume, cover Letter) Ryan Martin Resume.pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:49 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:49 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Brian Last Name* Rollo Address1* 6761 W 36th Pl Address2 Application for Boards and Commissions - Submission #70001 Date Submitted: 6/14/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:47 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 4356551651 Alternate Phone Number Email Address* briankrollo@gmail.com Current Occupation Software Developer Employer self-employed Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 2 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I am a current small business owner and a former bar owner. I want to be more involved with the city of Wheat Ridge and thought the Liquor License Authority opening would be a good match with my experiences. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I think that ensuring responsible behavior amongst the liquor license holders is very important. If possible, I also think that the Authority should find ways to help ensure liquor license holders don't accidentally let their license expire as that can have a very negative impact on a business. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:47 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I started and managed Kendrick's Billiards in Bellingham, WA over a 5 year period. We responsibly served beer and wine in an all-ages environment with zero liquor license violations. I've also started and operated my own software development business for many years. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* none Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Very rarely if at all Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. As a software developer, I am extremely comfortable using technology. Upload any additional supporting documents (e.g. resume, cover Letter) BrianKRolloResume 2022.pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:47 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:47 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Andre Last Name* Amoor Address1* 7880 West 43rd Circle Address2 Application for Boards and Commissions - Submission #70023 Date Submitted: 6/15/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:53 PM ATTACHMENT 3 City* Wheat Ridge State* CO Zip* 80033 Phone Number* 5626732254 Alternate Phone Number Email Address* andre@theamoors.com Current Occupation Chief of Staff Employer The Amoors Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 3 Months Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I believe members of boards, committee, and/or commissions should reflect their community. I am now a resident of the Wheat Ridge community, and I would like to offer my perspective and reflection to city of Wheat Ridge. I bring a lot of organizational development experience to the table and believe my experience can absolutely benefit the development of Wheat Ridge. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I believe a huge issue facing most (if not all) of the boards, committees and/or commissions of Wheat Ridge is diversity. There is not much diversity to go around in Wheat Ridge. I am a black man residing in Wheat Ridge, and therefore am both a proponent and product of diversity, equity, and inclusion. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:53 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I have worked in education, organizational development and leadership for more than 10 years and in more than 6 countries, so I bring a very unique perspective to the table. I have been involved in every community I have lived in at both the grassroots and corporate level. I am an advocate for youth development and involvement, in addition to bringing as many diverse voices to the table as possible. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* N/A Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? N/a Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Upload any additional supporting documents (e.g. resume, cover Letter) Andre Amoor (Resume).pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:53 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:53 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Colleen Last Name* Anthony Address1* 4340 Vance Street Address2 Apt. 114 Application for Boards and Commissions - Submission #70010 Date Submitted: 6/14/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:51 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 3038985556 Alternate Phone Number Email Address* Colleen.ruth.anthony@gmail.com Current Occupation Retired Employer Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 3 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I served as a town council member in Millikan, Colorado for a partial term, from April 2008 to July 2009. During that time I came to appreciate the importance of volunteers who are willing to serve on various committees and commissions. Having different perspectives and varying degrees of expertise on the many areas involved in running a city efficiently is critical to keeping a city on the right path to providing a safe and healthy environment for its citizens. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I think I could offer a broad perspective on why a variance may be needed in a unique situation. I think I have the ability to think about the long term impacts of allowing a variance. They should not be awarded lightly, rules are in place for good reason. I would not take the responsibility lightly. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:51 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I believe my time on the town board provided me with the opportunity to observe the process of decision making on issues both large and small. My take away from that experience is that many decisions are made without thinking things all the way through. Being short-sighted can be have far reaching consequences for a city. I would bring the perspective of making responsible and fair decisions. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* There are no activities that would create a conflict of interest. Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Moderate level of comfort. Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:51 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:51 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Christa Last Name* Forgy Address1* 4140 Otis St. Address2 Application for Boards and Commissions - Submission #70014 Date Submitted: 6/15/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:52 PM City* Wheat Ridge State* Co Zip* 80033 Phone Number* 407-242-1101 Alternate Phone Number Email Address* Christa.forgy@gmail.com Current Occupation Massage Therapist Employer Daydream Massage/self employed Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 11 years Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * I love Whaet Ridge. I worked for the Recreation Center for 7years. I want to give back to the community. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Every issue is unique. Listening and having and open mind is important for any resolution to an issue. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:52 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I worked for Wheat Ridge Recreational Center for 7years. I also have a business in Wheat Ridge. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* None Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Average Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:52 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:52 PM Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Jesse Last Name* Pearlman Address1* 4200 Hoyt Ct Address2 Application for Boards and Commissions - Submission #70005 Date Submitted: 6/14/2022 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 1 of 4 06/17/2022, 2:48 PM City* Wheat Ridge State* CO Zip* 80033 Phone Number* 7203331538 Alternate Phone Number Email Address* pearlmanjh@gmail.com Current Occupation Employer Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 1 year 10 months Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Tell us about yourself and why you would like to be a member of this board, committee or commission. * It's time I lean in n the community I am a member of and I desire to serve in a volunteer position Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* Outliers to established processes, regulations, etc need to be managed on a case by case basis and I have spent my life identifying outliers and spotting trends that lead to normalized changes to those established processes... I am a facilitator and can help people have their voices heard while maintaining objectivity to find the right solution Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 2 of 4 06/17/2022, 2:48 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I have been working in Agile transformation for over a decade; it's all about change management. it relies upon facilitating the collaboration of disparate people and organization to come to a new norm or an understanding of the risks Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* I live in a floodplain but have ignored its possible impact on my other than for getting social insurance - might could learn me a thing or two but I'll be objective in the pursuit of the duties of the board Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. Professional Upload any additional supporting documents (e.g. resume, cover Letter) Browse…No file selected. All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 3 of 4 06/17/2022, 2:48 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print/... 4 of 4 06/17/2022, 2:48 PM ITEM NO: 5 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2022 – A RESOLUTON SUPPORTING ZERO FARE TRANSIT ON RTD IN AUGUST 2022 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: During the entire month of August, RTD will offer zero fares across its system as part of the Zero Fare for Better Air initiative. This collaborative, statewide initiative, made possible by Colorado Senate Bill 22-180, in partnership with the Colorado Energy Office, is designed to reduce ground level ozone by increasing use of public transit. Current RTD customers will also benefit as they will not have to use or purchase fare products from August 1-31, during Colorado’s high ozone season. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: During the entire month of August, RTD will offer zero fares across its entire system as part of the Zero Fare for Better Air initiative. Together, with non-profit and municipal partners, the goal is to reduce ground-level ozone while promoting the benefits and increasing the use of public transit. Council Action Form – Zero Fare for Better Air July 11, 2022 Page 2 Colorado’s ozone season runs from June 1 to August 31. Ozone is one of the most common ambient air pollutants along the Front Range of Colorado. Ground-level ozone forms when chemical reactions occur between nitrogen emitted from cars and other sources and volatile organic compounds in the presence of sunlight, making levels highest during the summer months. Approximately 84% of greenhouse gas emissions that come from transportation are due to daily commutes. Reducing ground traffic and encouraging the use of public transit can help lower ozone forming emissions and thereby reduce ground-level ozone during the ozone season. By leaving the car at home, a person can save up to 20 pounds of carbon dioxide emissions every day. RECOMMENDATIONS: Staff recommends approval of this resolution in support of the Zero Fare for Better Air initiative. RECOMMENDED MOTION: “I move to approve Resolution No. 32-2022, a resolution supporting zero fare transit on RTD in August 2022.” Or, “I move to postpone indefinitely Resolution No. 32-2022, a resolution supporting zero fare transit on RTD in August 2022 for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 32-2022 2. Zero Fare flyer CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2022 TITLE: A RESOLUTION SUPPORTING ZERO FARE TRANSIT ON RTD IN AUGUST 2022 WHEREAS, good air quality is essential to quality of life and a vibrant economy; and WHEREAS, the Denver region is on the precipice of designation as an area of “severe” non-attainment of health-based standards for ozone pollution with significant potential for federal intervention; and WHEREAS, ground-level ozone triggers asthma attacks, worsens existing respiratory illnesses, and makes breathing difficult particularly for the very young, elderly and those exercising outdoors; and WHEREAS, emissions from cars, trucks, vans, and motorcycles are some of the largest contributors to ground level ozone in metro Denver; and WHEREAS, using transit, instead of a personal vehicle for trips, is one effective way to reduce ground level ozone; and WHEREAS, Colorado Senate Bill 22-180 made funding available for free transit statewide during the summer ozone season; and WHEREAS, the Regional Transportation District (RTD), which provided nearly 106 million passenger trips in 2019, plans to provide zero fare transit during the month of August all day, every day, on all buses and trains across the region; and WHEREAS, the City of Wheat Ridge is committed to supporting collaborative approaches to reducing air pollution and expanding mobility options for residents of Wheat Ridge and our neighbors in the region regardless of their age, income or abilities. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: The City of Wheat Ridge is pleased to support Zero Fare Transit on RTD in August 2022. DONE AND RESOLVED this 11th day of July 2022. Bud Starker, Mayor ATTEST: ______ Steve Kirkpatrick, City Clerk ATTACHMENT 1 MARK YOUR CALENDAR! UNLIMITED FREE RIDES ON RTD EVERY DAY IN AUGUST Leave your car at home to save money, skip parking and help reduce Ozone! Unlimited Free Rides on RTD! Save money and help reduce ozone this August with unlimited free rides all day, every day on all RTD trains and buses. What: Free Fares on RTD When: August 1 — August 31 Where: All RTD Buses & Trains How Can You Help Clear the Air in August? •Take transit to work and to events •Spread the word to friends and colleagues •Plan transit accessible events •Create transit promotions or competitions Stay tuned for more information from RTD in early July ATTACHMENT 2 ITEM NO: 6 DATE: July 11, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2022 – A RESOLUTON AMENDING THE 2022 FISCAL YEAR EQUIPMENT REPLACEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION AND SUBSEQUENT PAYMENTS IN THE AMOUNT OF $344,448 FOR THE REPLACEMENT OF POLICE PORTABLE RADIOS AND PERIPHERAL EQUIPMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Police Department is requesting authorization of payment to L3Harris Technologies Inc. for replacement of portable police radios, batteries, chargers, belt clips and microphones. The purchase of 160 new portable radios represents a slight increase from the current number, accounting for some growth in the size of the police department over the lifetime of the radios, as well as maintaining enough radios to issue to volunteers for special events, non-sworn personnel who have a need for such to be issued, and issuing some to other City departments that are in need such as public works and parks. PRIOR ACTION: In 2012 Council approved a supplemental budget appropriation in the amount of $236,750 for the purchase of the City’s current Harris P7300 portable radios. It was noted at that time that the approximate life expectancy of the radios was 8-10 years. In 2016 Council approved funding in the amount of $226,750 to be included in the 2017 budget for the purchase and installation of new Motorola APX-6500 radios. It should be noted that this request addresses only replacement Council Action Form – Police Radio Replacements July 11, 2022 Page 2 of the Harris P7300 radios purchased in 2012, as the Motorola APX-6500 radios that are mounted in police vehicles are not in need of replacement at this time. FINANCIAL IMPACT: The financial impact to purchase 160 L3Harris XL-185P portable radios, with external microphones, belt clips, individual charging stations, 100 spare batteries, seven six-bay charging stations to replace those currently in use, and equipment to outfit three police motorcycles to ensure compatibility, including a credit for the trade-in of old equipment, is approximately $344,448. This figure represents payment to L3Harris in the amount of $340,248, and approximately $4200 to outfit and equip three police motorcycles. L3Harris is under contract with Sourcewell, of which the City is a member. Pricing of the items herein from L3Harris are consistent with the discount afforded through the Sourcewell contract. The Equipment Replacement Fund includes funds in reserves for the purchase of this radio equipment. BACKGROUND: The current portable Harris P7300 radios utilized by the police department were introduced to the market in 2009. In March of 2012 WRPD purchased these radios and such have been in operation since that time. The typical life expectancy of portable radios is 8-10 years and can sometimes be longer if you have the necessary parts to repair and recondition the radios. In January of 2022, a group of stakeholders from agencies associated with the Metro Area Radio Cooperative (MARC), who work together to maintain the core of the Harris radio system used by Lakewood PD, Arvada PD, West Metro Fire, and Wheat Ridge PD met to discuss the future of the MARC and Harris system. Meetings were held over the course of six months, and the group evaluated proposals by Motorola as well as L3Harris with regard to upgrading or changing the radio system. Each stakeholder entity had an opportunity to provide input on criteria and score the shared criteria against both the Motorola and L3Harris options based on the proposals made. The result clearly established Harris as the preference, and a determination was made at that time to remain with Harris. The City of Lakewood, with whom the City contracts for radio maintenance and updates, formally shared with WRPD on June 24, 2022, that they are pursuing the replacement of all of their current portable radios with the new Harris model. In light of the service and support role that the City of Lakewood plays in the continued operations of radios belonging to WRPD, keeping radio types the same between both agencies, while not being the basis underlying the recommendation to stay with Harris, is a positive factor in the continuity of portable radio repair and service. By trading in the existing P7300 radios at this time, L3Harris will credit $353,686.40 to the City of Wheat Ridge toward the new radio purchase. It should be noted that while the purchase proposal is for 160 new portable radios, the City of Wheat Ridge does not have 160 portable radios to trade in to L3Harris at this time. However, through our partnership with West Metro Fire, West Metro Fire has agreed to provide us with some of their older radios no longer used or retained to be put in service at no charge. This will allow the City to trade in 160 radios and Council Action Form – Police Radio Replacements July 11, 2022 Page 3 receive offsetting credits in the amount of $2210.54 per each new radio. Without this credit, the total cost of this radio replacement would be approximately $694,032.00 RECOMMENDATIONS: Staff recommends that council approve a supplemental budget appropriation and subsequent payments in the amount of $344,448 for the replacement of police portable radios and peripheral equipment. RECOMMENDED MOTION: “I move to approve Resolution No. 31-2022, a resolution amending the 2022 Fiscal Year Equipment Replacement Fund Budget to reflect the approval of a supplemental budget appropriation and subsequent payments in the amount of $344,448 for the replacement of police portable radios and peripheral equipment.” Or, “I move to postpone indefinitely Resolution No. 31-2022, a resolution amending the 2022 Fiscal Year Equipment Replacement Fund Budget to reflect the approval of a supplemental budget appropriation and subsequent payments in the amount of $344,448 for the replacement of police portable radios and peripheral equipment for the following reason(s) _____________.” REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Support Services Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 31-2022 2. L3Harris Purchase Quote 3. L3Harris Contract with Sourcewell 4. Sourcewell Bid Pricing Discount Structure CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 Series of 2022 TITLE: A RESOLUTION AMENDING THE 2022 FISCAL YEAR EQUIPMENT REPLACEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION AND SUBSEQUENT PAYMENTS IN THE AMOUNT OF $344,448 FOR THE REPLACEMENT OF POLICE PORTABLE RADIOS AND PERIPHERAL EQUIPMENT WHEREAS, the current Harris brand P7300 portable radios used by the police department were purchased in March of 2012 and were known at that time to have a typical life expectancy of 8 to 10 years; and WHEREAS, the members of the Metro Area Radio Cooperative (MARC) met several times in the first half of 2022 to determine whether or not to remain with a Harris radio system for public safety needs, and reached a determination to remain on said system; and WHEREAS, L3Harris Technologies, Inc. is the sole source to purchase XL-185P Portable Radios, which are compatible with the current Harris radio system infrastructure. The radio equipment is proprietary to L3Harris Technologies, Inc. and must be purchased solely from said corporation; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: A. The 2022 Fiscal Year Equipment Replacement Fund Budget is amended accordingly, specifically transferring a total of $344,448 from Equipment Replacement Fund undesignated reserves to account #57-204-800-805. DONE AND RESOLVED this 11th day of July 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 L3Harris Technologies, Inc. Public Safety and Professional Communications 221 Jefferson Ridge Parkway Lynchburg, Virginia 24501 Phone: 1-800-368-3277 Fax: 321-409-4393 Date: 6/9/2022 Division Chief Darrel Guadnola Sales POC:Greg Kolsut Wheat Ridge Police Department Sr. Specialist Critical Account Manager 7500 W. 29th Ave.greg.kolsut@L3Harris.com Wheat Ridge, CO 80033 Quote by: Jennifer Turner CRM # Quote valid until June 30,2022 CCC Case #INC-000278490 Item Part Number Description Qty List Price Discount Sale Price Extended Sales Price 10 XS-PFS1M PORTABLE,XL-185P 7/800MHZ, FKP,BLK,US 160 2,455.00$ 26%1,816.70$ 290,672.00$ 20 XS-FW2X OPERATION,LOAD NIFOG PERSONALITY 160 0.01$ 100%-$ -$ 30 XS-PL4F FEATURE,P25 PHASE 2 TDMA 160 250.00$ 26%185.00$ 29,600.00$ 40 XS-PL8Y FEATURE, ENCRYPTION LITE 160 0.01$ 100%-$ -$ 50 XS-PKG8F FEATURE,256-AES,64-DES ENCRYPTION 160 750.00$ 26%555.00$ 88,800.00$ 60 XS-PKGPT FEATURE PACKAGE,P25 TRUNKING 160 1,600.00$ 26%1,184.00$ 189,440.00$ 70 XS-PL4L FEATURE, SINGLE BAND 7/800 160 0.01$ 100%-$ -$ 80 XS-PA3V BATTERY,LI-ION,3100 MAH 160 150.00$ 26%111.00$ 17,760.00$ 90 XS-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 160 40.00$ 26%29.60$ 4,736.00$ 100 XS-AE2V SPEAKER MIC, REVO NC2, C1D2 160 190.00$ 26%140.60$ 22,496.00$ 110 XS-HC3L BELT CLIP,METAL 160 30.00$ 26%22.20$ 3,552.00$ 140 XS-CH6A CHARGER, 1-BAY 125 180.00$ 26%133.20$ 16,650.00$ 150 XS-HC4W CASE,LEATHER,BELT LOOP, D-SWIVEL 160 120.00$ 26%88.80$ 14,208.00$ 160 XS-CH5A CHARGER, 6-BAY, XL-185P 7 895.00$ 26%662.30$ 4,636.10$ 170 XS-PA3V BATTERY,LI-ION,3100 MAH 100 150.00$ 26%111.00 11,100.00$ Trade in Discount 160 -2210.54 (353,686.40)$ $339,963.70 Shipping Estimate Only. Actual price may vary $283.53 Optional XS-AE3J SPKR MIC, XL XTRM, XL185P, BLK 160 750.00$ 26%555.00$ $88,800.00 Terms and Conditions: 1. 2. 3. 7. Purchase Order requirements: Purchase Order issued to L3Harris Technologies - PSPC - 221 Jefferson Ridge Parkway - Lynchburg, VA 24501 The Purchase Order should include the following references: Quote Name: Wheat Ridge Fire Department XL-185P_Trade InRev2_06092022 Lead time is subject to material availability at time of order L3Harris' Internal Use Only The Terms and Conditions are governed by the agreement between L3Harris Technologies and Sourcewell Public Safety Communications Technology and Hardware Solutions. Please reference MBP# 295766 and contract number 042021-L3H, if applicable.(Wheat Ridge merged with Arvada and West Metro Fire in 2016). Storing battery packs is not recommended because the chemicals in the battery degrade over time and this affects the functionality of the battery. Improper storage of batteries may void warranty. Pricing does not include installation, programming, taxes or shipping (if applicable), unless otherwise noted. These items may be waived based on the terms and conditions which are applicable to this quote (Item 1) and could be subject to change. Shipping will default to Best Way ground, unless otherwise specific. Special shipping/delivery instructions (ex. Delivery lift gate required?) must be noted if applicable. Non Standard packing will be billed to the customer. Must include Quote Name and Date. If applicable, include MBP#. All orders must contain valid model number, quantity, and price for each item. Frequencies must be supplied with order if applicable. Requested Delivery Date; If related to Grant Funding, important to provide Grant name, Agency, deadline and product receipt deadline, when applicable. Trade in allowance per MBP# 566617 Confidential, Proprietary, & Competition Sensitive ATTACHMENT 2 L3Harris Technologies, Inc. Public Safety and Professional Communications 221 Jefferson Ridge Parkway Lynchburg, Virginia 24501 Phone: 1-800-368-3277 Fax: 321-409-4393 Date: 6/9/2022 Division Chief Darrel Guadnola Sales POC:Greg Kolsut Wheat Ridge Police Department Sr. Specialist Critical Account Manager 7500 W. 29th Ave.greg.kolsut@L3Harris.com Wheat Ridge, CO 80033 Quote by: Jennifer Turner CRM # Quote valid until June 30,2022 CCC Case #INC-000278490 Item Part Number Description Qty List Price Discount Sale Price Extended Sales Price L3Harris' Internal Use Only Bill to and Ship to addresses along with contact information must be included. Provide customer account number if readily available. L3Harris DUNS#: 101474992; Cage Code: 1PNR4; Tax ID 34-0276860. Confidential, Proprietary, & Competition Sensitive 042021-L3H Rev. 10/2020 1 Solicitation Number: RFP #042021 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L3Harris Technologies Inc., 221 Jefferson Ridge Parkway, Lynchburg, VA 24501 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Communications Technology and Hardware Solutions from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities). 1.TERM OF CONTRACT A.EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B.EXPIRATION DATE AND EXTENSION. This Contract expires June 23, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C.SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2.EQUIPMENT, PRODUCTS, OR SERVICES A.EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.          ATTACHMENT 3 042021-L3H Rev. 10/2020 2 All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B.WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity. C.DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list. 3.PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A.SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable          042021-L3H Rev. 10/2020 3 time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: x Identify the applicable Sourcewell contract number; x Clearly specify the requested change; x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing          042021-L3H Rev. 10/2020 4 restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.          042021-L3H Rev. 10/2020 5 Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: x Maintenance and management of this Contract; x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.          042021-L3H Rev. 10/2020 6 B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address; x Customer City; x Customer State/Province; x Customer Zip Code; x Customer Contact Name; x Customer Contact Email Address; x Customer Contact Telephone Number; x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description; x Item Purchased Price; x Sourcewell Administrative Fee Applied; and x Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for two percent (2%) multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.          042021-L3H Rev. 10/2020 7 Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their          042021-L3H Rev. 10/2020 8 respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control.          042021-L3H Rev. 10/2020 9 a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.          042021-L3H Rev. 10/2020 10 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:          042021-L3H Rev. 10/2020 11 x Exercise any remedy provided by law or equity, or x Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers’ Compensation and Employer’s Liability. Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit          042021-L3H Rev. 10/2020 12 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other          042021-L3H Rev. 10/2020 13 insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all          042021-L3H Rev. 10/2020 14 references to “federal” should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of          042021-L3H Rev. 10/2020 15 not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any          042021-L3H Rev. 10/2020 16 person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.          042021-L3H Rev. 10/2020 17 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell L3Harris Technologies Inc. By: __________________________ By: __________________________ Jeremy Schwartz Lori Rodriguez Title: Chief Procurement Officer Title: Principal Contracts Date: ________________________ Date: ________________________ Approved: By: __________________________ Chad Coauette Title: Executive Director/CEO Date: ________________________                      Sourcewell Cooperative Purchasing Solutions Public Safety Communications Technology and Hardware Solutions RFP #042021 Pricing April 20, 2021Page 1 BID PRICING RESPONSE I. Minimum Percentage Discount(%) off Manufacturer’s Retail Price (MSRP) Manufacturer Product Category Short Description MSRP % Discount L3Harris Bid Cost Equipment listed in the catalog with product code BC. List Price L3Harris Combination Model Equipment listed in the catalog with product code C.. MSRP 26% Discount L3Harris Software Services Software listed in the catalog with product code L. List Price L3Harris License with Delivery Licenses listed in the catalog with product code LD. List Price L3Harris Options Equipment listed in the catalog with product code N. MSRP 26% Discount L3Harris Feature Options Features listed in the catalog with product code NB. MSRP 26% Discount L3Harris Parts Equipment listed in the catalog with product code P. MSRP 26% Discount L3Harris Service Parts Equipment listed in the catalog with product code S. MSRP 26% Discount L3Harris Vendor Option Equipment listed in the catalog with product code V. MSRP 10% Discount L3Harris Vendor Customizes to L3Harris Specifications Equipment listed in the catalog with product code VC. MSRP 10% Discount L3Harris Special Products Equipment listed in the catalog with product code 77. MSRP 10% Discount Each catalog listing is identified with an Equipment Class Code where applicable. The code can be found in the above Item Description field and defined in the below table. The discount offered in RFP# 042021 is based on the Equipment Class Code. The above list of Equipment Class Codes and associated discount off the published list price applies throughout the Products and Training catalogs attached within the Depth and Breadth of Offered Equipment, Products, or Services section. ATTACHMENT 4 Sourcewell Cooperative Purchasing Solutions Public Safety Communications Technology and Hardware Solutions RFP #042021 Pricing April 20, 2021Page 2 Product Code Product Summary BC Bid Cost are items/services that are directly quoted from the manufacturer and dependent upon scope (i.e., training). C Combination Model are items that must be purchased with multiple components (i.e., radios that include a transceiver, antenna and battery) L Software Services include various options that may be chosen based on the complexity of the Harris system being supported. LD License with Delivery is the cost for licensure for various products. N Options indicate items that can be purchased with additional feature sets. NB Feature Options include parts and licenses for products that offer additional features. P Parts are designated items for production use only, they are for sale to suppliers and are handled on a part by part basis. S Service Parts are items needed to maintain existing equipment (i.e., spare parts). V Vendor Options are various packages, items, sizes, colors, manuals, etc. that can be purchased with the standard listed products. VC Vendor Customizes to Harris Specifications are items that have been specifically configured to meet Harris' specifications. 77 Special Products are items that can be purchased for specific non-standard vendor equipment (i.e., battery charging station). II. Volume/Promotional Discounts Contract prices, including the applicable price discount, shall be the maximum or ceiling price Contractor can charge Purchasers. However, the Contractor may offer a Purchaser a greater price discount for a volume order or for promotional purposes which would result in even lower purchase prices.