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HomeMy WebLinkAbout08-22-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO August 22, 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 August 22, 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: 850 6374 2510 Passcode: 279598 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 • July 11, 2022 City Council Meeting Minutes • July 25, 2022 City Council Meeting Minutes • July 25, 2022 Special Study Session Notes • August 1,2022 Study Session Notes • August 15, 2022 Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: August 22, 2022 Page -2- PROCLAMATIONS AND CEREMONIES • 2022 National Hispanic Heritage Month Proclamation • 2022 National Suicide Prevention Awareness Month 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. ***First opportunity for public input on the 2023 Budget*** 1. CONSENT AGENDA a. Resolution No. 34-2022 – a resolution demonstrating City Council’s support of an application to the Jefferson County Open Space Trails Partnership Program for the Tabor Lake Trail design-build project b. Motion to approve payment to Xcel Energy in the amount of $188,253.92 to underground the existing overhead electric lines to allow for the construction of the Wheat Ridge Ward Station pedestrian bridge c. Resolution No. 35-2022 – a resolution amending the Fiscal Year 2022 Capital Improvement Program Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $7,260,000 for phase 1 of the Improve Wadsworth Project PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 16-2022 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard ORDINANCES ON FIRST READING 3. Council Bill no. 17-2022 - an ordinance amending Section 21-30 of the Wheat Ridge Code of Laws concerning performance warranty and guarantee for work in public rights-of-way CITY COUNCIL AGENDA: August 22, 2022 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to award a contract and subsequent payments to David Evans and Associates, Denver, CO, in an amount not to exceed $863,264 for professional services to complete the construction plans and specifications for 32nd and Youngfield Street bicycle, pedestrian and aesthetic improvements 5. Motion to approve an amendment to a contract with short Elliot Hendrickson, Inc., Denver, CO, and subsequent payments, for an additional amount not to exceed $120,823.08 for a total of $713,682.02 for professional services to complete the construction plans and specifications for Wheat Ridge Ward Station pedestrian bridge, plazas, and trail improvements 6. Motion to approve an amendment to a contract with HDR, Inc., Denver, CO, and subsequent payments, for an additional amount not to exceed $58,311.84 for a total of $175,022.15 for property acquisition services for Wheat Ridge Ward Station pedestrian bridge, plazas, and trail improvements 7. Resolution No. 36-2022 – a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of providing a contribution to the Wheat Ridge Community Coalition for Education 8. Resolution No. 37-2022 – a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,159 for the purpose of accepting the 2022-23 Edward Byrne Justice Assistance Grant 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 July 11, 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; Planning Manager Lauren Mikulak; Senior Planner, Scott Cutler; Alayna Olivas-Loera, Planner 1; Assistant to the City Manager, Marianne Schilling, other staff, guests and interested citizens. APPROVAL OF MINUTES The Special Study Session Notes of June 27, 2022, and City Council Minutes of June 13, 2022, and June 27, 2022 were approved as published. APPROVAL OF AGENDA Without objection or correction, item 5 on the agenda will be heard first, to accommodate a citizen who needs to leave for another engagement. So, ordered. PROCLAMATIONS AND CEREMONIES This item began at 7:02 PM. 2022 Mayor’s Monarch Pledge Proclamation Mayor Starker read the Proclamation that emphasized 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. He has signed the National Wildlife Federation’s Mayors’ Monarch Pledge and have officially committed to taking meaningful action to protect the monarch butterfly. City Council Minutes July 11, 2022 page 2 PUBLIC’S RIGHT TO SPEAK Vivian Vos, W 47th Place – came to announced details of the forthcoming Garden Tour, the first since 2016. Please, purchase your tickets sooner than later (information on the Wheat Ridge City website). 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 Note that Item 5 was addressed first per the above agenda change. Numbering of the other items is unchanged to avoid any confusion. 5. Resolution No. 32-2022 - A Resolution supporting zero fare transit on RTD in August 2022 Discussion started at 7:09 pm CM Weaver introduced the Resolution. 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. Staff Presentation Patrick Goff, City Manager, described how 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. City Council Minutes July 11, 2022 page 3 Marjory Sloan, Golden, came to support this resolution as the representative from District M for RTD. She commended Wheat Ridge for our plans and goals related to mass transit and RTD in specific. She described the program: RTD will waive all fares for busses, light rail and the train to DIA throughout August, a program made possible by the Colorado Legislature’s funding. Ms. Sloan briefly spoke on how 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. Council Questions CM Hultin thanked Director Sloan and noted that this fare holiday extends to nearly every public transit system in the State. Please, replace at least 3 car trips with public transit in August. She thanked the drivers and other transit operators for their public service and cordial contact with the public. Mayor Starker read the Resolution aloud to emphasize the reasons for asking Council to support the fare holiday and the effort to reduce greenhouse gasses. Motion by CM Weaver to approve Resolution No. 32-2022, a Resolution supporting zero fare transit on RTD in August 2022, seconded by CM Stites, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:09 PM 1. Council Bill No. 09-2021 - 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) CM Nosler Beck introduced Council Bill 09-2021 at approximately 7: 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. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1743. Staff Presentation Alayna Olivas-Loera, a Planner 1 with the City of Wheat Ridge, spoke on the background of the item where the property is located on the north side of Interstate-70 City Council Minutes July 11, 2022 page 4 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 current zoning is C-1, which 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. 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 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 Nosler Beck to approve Council Bill No. 09-2021 - 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, CM Dozeman seconded the motion, and it carried 8-0. 2. 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 7:38 pm. City Council Minutes July 11, 2022 page 5 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. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1744. Staff Presentation Scott Cutler, Senior Planner presented to the council on this issue including the background where the City’s zoning code (Chapter 26) does not specifically define Accessory Dwelling Units but does have a definition for dwelling unit. Where Section 26-625 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. The Mayor reviewed the procedures for public comments. Public Comment John McMillian,9801 W. 38th Ave. He congratulated Council on finally passing an ADU ordinance. He commented, however, that other municipalities have advanced their ADU ordinances over the past decade, which he asserted have made progress this proposed ordinance will not make. He predicts that the law will result in a net LOSS of residential housing and residential headcounts. You allow those who illegally operated ADU not living on the property to keep their ADU intact. Please, do not pass this Ordinance without re-thinking the implications. Bob Brazell, 3930 Carr St. commented that any action taken today will change all of the residential zoning in the City. You will change the impacts of ADU on virtually every resident. If you insist on doing this, please, relook at how you are doing this. You need to license ADU, because deed restrictions will create a cumbersome, expensive City Council Minutes July 11, 2022 page 6 process. The NRS updated in 2019, reported that the public only liked ADU if the renter is a family member. I do not think the citizens like this idea. Carol Mathews, 3851 Hoyt St. commented that this does away with residential housing zones. There too few restrictions on how many people, cars and other impacts this ordinance will have. Over the last 25 years numerous areas in outlying suburbs have attracted more new homebuyers. This question should be considered: Will this ordinance improve our quality of life and make Wheat Ridge more attractive for new homeowners? Are we improving the quality of Wheat Ridge or just opening the City for high density housing? Mandy Gale (no address given), a third generation Wheat Ridge resident, came to express her excitement and support for this Ordinance. This will allow affordable options for new residents. ADU’s are an affordable option for our ageing population looking for ways to augment their income using their property. Elise Brougham, 3535 Allison Court is appalled that Council wants to change the entire residential zoning scheme in the City. This ADU concept allows for high-density housing. No neighbor will be notified with a public notice of an ADU. Each of these should be considered as a zoning variance. People who own lots with open spaces will all build ADU. These actions should be called Planned Developers Dreams. This will increase traffic and add to parking problems. This drastic change should be put on the ballot. Brian Kraft, 3495 Ames St. came to speak on behalf of himself and his wife. They both thoroughly support this proposed ordinance. Council and staff have done an extensive and creditable job studying and drafting this ordinance. We need to ensure there is accessible and affordable housing in Wheat Ridge. As a homeowner, I think it’s time for this update to pass. Liz Veeder, 4181 Evert Drive – called in the virtual format to comment on this item. She expressed concerns that this proposed ordinance may allow two homes to be built on one lot zoned Residential. My neighborhood has a lot of larger lots. Young families come to WR for this open space. I am afraid that if people can build a second home on their large lots, we will need parking problems, more traffic and higher density housing. I expect that the lot along Kipling from 44th to I-70 will be wall to wall apartments. We have too much high-density housing now. We came here for the extra space, and this will undo that look and feel of our City forever. Council Questions and comments CM Ohm asked if the City could regulate off-street parking. Mr. Dahl gave a thorough and detailed answer. He asked if any notice would be required if an R-2 zoned property wanted to scrape the lot and build a duplex? Mr. Cutler's response was "no there would not be a notice requirement." City Council Minutes July 11, 2022 page 7 CM Hultin asked for clarification of the required utilities infrastructure. Mr. Cutler indicated that the City would have to consider these on a case-by-case basis. CM Hultin then asked if staff makes recommendations on this proposed infrastructures, and Mr. Cutler gave a detailed reply. She then asked for a review of the setback requirements for ADU, and Mr. Cutler gave a detailed answer. CM Hutchinson asked about the 2019 NRS. She said only 75 people commented on ADU’s, but the NRS asked for citywide neighborhood meetings to discuss ADU. Mr. Johnstone gave a report on the actions taken to engage the public in the two years the City studied the subject of ADU. CM Hutchinson asserted East WR was divided in half and the area between 32nd Ave. and south to 26th Ave. between Sheridan and Wadsworth had not been included in this process. She also noted that we allow short term rentals with a 2% cap in each District and Mr. Cutler stated District 1 is almost to the 2% cap. She believes that many of these ADU’s will become short-term rentals. Mr. Johnstone and Mr. Cutler provided detailed replies to that last issue the CM raised. He indicated that the owner-occupancy requirement will mitigate this concern. CM Hultin asked about enforcement of the proposed ordinance. Again, staff gave a detailed answer. CM Dozeman asked why we do not license ADU vs. deed restrictions. Mr. Dahl gave a detailed answer, turning on the certainty of the deed restriction and how other municipalizes have used the deed restriction. CM Nosler Beck asked about the language on p. 14, F(d). One of the things we are trying to accomplish is to allow those who have ADU’s now to keep them. This language seems to limit property owners’ rights. C M Dozeman asked about non-conforming units. We might be giving an advantage to those who already have an ADU that does not comply. CM Hoppe recalled that Council did ask in its consensus for this provision. She further indicated that we also had ADU questions on the last two resident surveys. CM Hultin commented that this language was also intended to allow owners of non- conforming to come into compliance. CM Hultin asked about keeping the original August 1 effective date. Mr. Goff explained why staff is recommending the delay until August 15: to ensure a smooth process and adequate time public education. CM Hutchinson then asked Mr. Goff about how many people responded to the last two resident surveys. Mr. Goff gave a detailed answer, commenting that the surveys have small confidence intervals around the statistical results. CM Dozeman asked how the application process would work in terms of the deadline set in the ordinance of August 1, 2024. Mr. Johnstone gave a specific answer. Mayor Starker closed the public hearing. City Council Minutes July 11, 2022 page 8 Motion by CM Dozeman to approve Council Bill No. 10-2021 - 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 second reading, and that it take effect on August 15, 2022, seconded by CM Nosler Beck. CM Dozeman and Nosler Beck approved a change to state August 15 throughout the motion and ordinance. CM Hultin asked whether we need to amend the ordinance to reflect all dates to August 15. Mr. Dahl explained how to do that, and CM Nosler Beck and Dozeman agreed to that change to the motion. CM Dozeman expressed her support for this motion, and thanked staff. Motion passed 7-1, with CM Hutchinson voting nay. 3. 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 14-2022 at approximately 8:36 pm . 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. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1745 Staff Presentation Karen O’Donnell, Parks and Recreation Director spoke briefly of the Americans with Disabilities Act (ADA), that requires public and private entities to make reasonable accommodations to their facilities and programs to ensure that persons with disabilities are able to access and use the same in substantially the same manner as other persons. Familiar examples of accommodations for disabled persons include 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. City Council Minutes July 11, 2022 page 9 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 CM Weaver asked about how this action will be implemented, and Ms. O’Donnell gave a detailed answer. CM Ohm supports this action. He asked about signage placed on the trail to address the question of pedestrian and cyclist encounters on the trail. Ms. O’Donnell assured all that her team will address these issues and monitor compliance along with Community Service. Mayor Starker closed the public hearing. Motion by CM Hultin to approve 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, seconded by CM Ohm, motion carried 8-0. ORDINANCES ON FIRST READING There were none tonight DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7: p.m. 4. Motion to approve appointments to Boards and Commissions By tradition, Board & Commission appointments are introduced by each District’s senior member and seconded by the junior member. Issue 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. Public Comment No one came forward to speak. Motion by CM Hoppe, seconded by CM Hutchinson, as Councilmembers from District I, to appoint to Brian Rollo, to the Liquor Licensing Authority, term ending March 1, 2024, motion carried 8-0 Motion by Mayor Pro-Tem Hultin to appoint Jesse Pearlman, term to expire March 1, 2023 and Andre Amor, term to expire March 1, 2025 as alternates to the Board of Adjustment, seconded by CM Hultin, motion carried, 8-0 City Council Minutes July 11, 2022 page 10 (Item 5 was addressed first, per the approved order of agenda change.) 6. Resolution No. 31-2022 - A Resolution amending the 2022 Fiscal Year Equipment Replacement Fund Budget to reflect the approval of a supplemental budget CM Ohm introduced the Resolution at 8:52 pm. 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. Staff Presentation Darrel Guadnola, Support Services Division Chief spoke on the item including the background where 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. 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. Public Comment No one came forward to speak. Council Questions Council had no questions or concerns Motion by CM Ohm 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, seconded by CM Dozeman. Discussion on the motion ensued. City Council Minutes July 11, 2022 page 11 The Motion carried 8-0. CITY MANAGER’S MATTERS The Neighborhood Night Out will be held on Tuesday, August 2, and police will be present in all four Council districts and command staff will move around from district to district. CM Hultin asked about banners or signs to announce the event. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS’ MATTERS CM Hutchinson noticed that today the weather was beautiful. She attended the Om Therapy opening and it was a success. CM Stites reminded all to buy school supplies in Wheat Ridge. Anytime you can find it in Wheat Ridge, buy it in Wheat Ridge. CM Weaver thanked those who serve on the Housing Authority Board and staff for their great work. CM Dozeman reminded all that the Fitness on the Green July 16 and August 6 from 6:00 pm to 8:30 pm on both dates. The events are held in the green space along 38th Avenue in front of Stevens Elementary at 7101. W. 38th Ave. CM Ohm announced an Italian Car Festival at Anderson Park on August 17. CM Hultin recalled that her family decided to attend an outdoor concert at Anderson Park. Last week she attended the Affordable Housing and 44th Ave. Subarea plan and both were well attended. She asks that we add composting to a future Study Session. Mayor Starker expressed his gratitude to those who attended Coffee with the Mayor. Next Month there will be no Coffee with the Mayor – during the Carnation Festival. He thanked those who came in person and online to comment on tonight’s agenda items. Please, be careful as you are out and about, please slow down and watch for our children. ADJOURNMENT The meeting adjourned at 9:07 pm. _______________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON August 8, 2022 City Council Minutes July 11, 2022 page 12 __________________________ 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 July 25, 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 7:03 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Korey Stites Amanda Weaver Valerie Nosler Beck (online) Janeece Hoppe Rachel Hultin Scott Ohm Leah Dozeman Also, present: City Manager, Patrick Goff; City Attorney Gerald Dahl; Police Chief, Chris Murtha; Assistant to the City Manager, Marianne Schilling, other staff, guests and interested citizens. APPROVAL OF MINUTES None tonight. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES None tonight PUBLIC’S RIGHT TO SPEAK Cambria Rollo, 6761 W.36th Place, Wheat Ridge -- came as a member of the group Moms Demand Action on Gun Control, began by saying she loves living in WR. We have had six separate gun violence incidents in her neighborhood in the past year. She wants the City to support her group’s efforts to restrict sales and possession of assault weapons. If Wheat Ridge passed an ordinance similar to those recently passed in Denver, Boulder and Louisville, that would add weight and political support to the group’s efforts. City Council Minutes July 25, 2022 page 2 Catherine Rudd – 1631 Emerson St., Denver, has been a gun violence advocate since the late 1970’s. She told a story about a woman who filed for divorce and feared for her safety at the hands of her husband. He came to her workplace and shot one of her co- workers twice in the chest. She strongly supports all six of her group’s proposed ordinances. “We can do a hell of a lot better than we are.” We need to outlaw assault rifles and require that residents be at least 21 to purchase an assault weapon. Vivian Vos, 6960 W. 47th Place. She came to report a successful fund raiser for the Garden Tour, with the cooperation of the Grange last Saturday. Close to 125 people attended the event, and several folks signed up to volunteer. Vicki Foddison has been a great help. Mary Drovnick, 3569 Holland St., came to support the Moms Demand Action. She thanked the group for their efforts this evening. She lives at 32nd. and Holly. There was recently an incident following traffic accident. The occupants of one of the vehicles fled the accident. The next morning a neighbor found a gun in a satchel left behind by the fleeing miscreants. People are constantly running the stop signs on that corner, and she wants the City to take action to enforce traffic safety laws before there are more tragedies. 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 None tonight PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None tonight. ORDINANCES ON FIRST READING 1. Council Bill No. 16-2022 – An Ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard. City Council Minutes July 25, 2022 page 3 CM Hoppe introduced Council Bill 16-2022 Issue Currently, bulk plane regulations apply only to detached single-unit homes in the R-1C and R-3 zone districts. This ordinance expands the applicability of bulk plane to all R- series residential zone districts. The purpose of this change is to achieve community goals related to neighborhood compatibility and to address resident concerns related to the height and massing of new two- and three-story homes and additions. Motion by CM Hoppe to approve Council Bill 16-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard on first reading, order it published, public hearing set for Monday, August 22, 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 Stites; motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 2. Motion to approve payment to Axon Enterprises, Inc., for contract services for police body worn camera equipment and data storage in the amount of $86,880 CM Stites introduced the Motion. Issue The Wheat Ridge Police Department maintains a body worn camera program for the purpose of audio and visual recording of police encounters with the public. This program helps to increase officer professionalism, evaluate performance, reduce complaints, resolve officer involved incidents, and can serve as an unbiased account of documenting evidence in a police encounter. 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 following the discussion of this item in a Study Session previously. City Council Minutes July 25, 2022 page 4 Motion by CM Stites to approve payment to Axon Enterprises, Inc., for contract services for police body worn camera equipment and data storage in the amount of $86,880, seconded by CM Ohm, motion carried 8-0. 3. Resolution No. 33-2022 - A Resolution declaring race and religion-based covenants on real property within the City of Wheat Ridge to be illegal and unenforceable and in connection therewith, directing City staff to take certain actions in relation thereto. CM Nosler Beck introduced Resolution 33-2022 at 7:22 p.m. Issue This Resolution declares race and religion-based covenants illegal and unenforceable and gives direction to City staff to research title to City-owned properties, draft an ordinance to require a plat note on re-subdivisions, and propose materials to assist private property owners, all with the goal of removing such covenants. Staff Presentation City Attorney Gerald Dahl along with City Manager Patrick Goff gave a brief background on the item where the City of Wheat Ridge was incorporated in 1969. At that time the City 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 or religion. In their opinion in Shelley v. Kramer, the Supreme Court of the United States struck down race and religion-based covenants as illegal and judicially unenforceable. The Supreme Court of Colorado, relying on Shelley v. Kraemer, likewise ruled that restrictive covenants based on race or religion were unenforceable; Capitol Fed. Sav. & Loan Assn. v. Smith, 136 Colo. 265, 271 (1957). The Colorado State Legislature, with these rulings in mind, enacted C.R.S. § 38-30-169, similarly declaring these covenants illegal and equipping private citizens with a mechanism to remove them. 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 Cathy Milkey, 7891 W 39th Ave., came forward to ask whether there are other covenants addressed by the resolution, beyond religion and race. Specifically, she is concerned about sexual orientation discrimination. Mr. Dahl addressed her question. Council Questions CM Nosler Beck thanked the staff, Mr. Dahl and other CM for their hard work on this issue. This is an important step forward in making our City a welcoming place to live City Council Minutes July 25, 2022 page 5 and work. It is finally possible to put these egregious covenants, initially passed as long as a Century ago, behind us. Motion by CM Nosler Beck to approve Resolution No. 33-2022 - a resolution declaring race and religion-based covenants on real property within the City of Wheat Ridge to be illegal and unenforceable and in connection therewith, directing City staff to take certain actions in relation thereto, seconded by CM Hoppe. The motion carried 8-0. CM Hoppe commented on her support for the work so many people have done. CM Hultin recounted her own experience with a restricted covenant on her own property deed. While attending the National League of Cities in April this year she met a Federal appointee whose job it is to undo these covenants. The impact of these covenants will continue to influence people for another generation or more. Having these covenants in force is just wrong, and our community should look for more examples of this kind of situation to make our City even more welcoming. CM Ohm echoed his peers’ comments and thanked staff and Mr. Dahl for their hard work. 4. Motion to cancel the August 8, 2022, regular meeting of the Wheat Ridge City Council CM Hutchinson introduced the Motion. Issue The Regular Meeting of August 8, 2022 currently does not have any scheduled agenda items. It is recommended that City Council cancel this meeting. Staff Presentation Mr. Goff stated that there were no items on the agenda that would be cause for a city council meeting. 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 Hutchinson to cancel the August 8, 2022, Regular Meeting of the Wheat Ridge City Council, seconded by CM Stites, motion carried 8-0. City Council Minutes July 25, 2022 page 6 5. Motion approving a contract with Architerra Group for final design and construction drawings for the Green at 38th in the amount of $399,909 CM Hultin introduced the Motion at 7:37 pm Issue A consensus was reached by City Council in 2018 to engage a designer to develop conceptual designs for the Green at 38th. Architerra Group was hired by the City in August 2018. A comprehensive community engagement process was completed since that time to obtain feedback from key stakeholders and the public. Based on that feedback, Architerra Group created two preferred design options which were presented to City Council at the May 16, 2022, study session. Consensus was reached by City Council at that meeting to direct staff to work with Architerra Group to complete final design and construction drawings for the Green at 38th. Staff Presentation Parks and Recreation Director Karen O’Donnell gave a brief history of the item where the 38th Avenue Streetscape project has been a priority for City Council for over a decade. While the redevelopment of the Green at 38th does not directly implement that priority, it is a logical first step in extending streetscape improvements from the West 38 mixed-use project and creating a public gathering space on the City’s main street and in the heart of downtown. Along with the financials where the initial work to develop conceptual designs for the Green was completed at a cost of $28,584.80. The 30% design development work was contracted for an amount not-to-exceed $64,895. The original estimated cost for final design and construction drawings was between $425,000 and $500,000. A fee in the amount of $399,909 was negotiated with Architerra for this scope of work. There is adequate funding in the 2022 Open Space Fund budget for this expense. Public Comment 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. Council Questions There were none. Motion by CM Hultin to approve a contract with Architerra Group for final design and construction drawings for the Green at 38th in the amount of $399,909, seconded by CM Hoppe, motion carried 8-0. CM Hoppe is grateful for the support and hard work of the staff on this project. CM Ohm looks forward to working on this project. City Council Minutes July 25, 2022 page 7 CITY MANAGER’S MATTERS Mr. Goff deferred until the end of tonight’s Special Study Session, to follow immediately after this Council session. CITY ATTORNEY’S MATTERS Nothing tonight. ELECTED OFFICIALS MATTERS CM Hutchinson participated in the Garden Tour event at the Grange, and everyone seemed to enjoy it. CM Stites attended the ribbon cutting at the Coop and Kitchen recently and enjoyed it. Remember: if you can find it in Wheat Ridge, buy it in Wheat Ridge. CM Dozeman also thanked everyone for their hard work on the Carnation Festival. CM Ohm attended the Italian Car Festival a week ago, and we had a great turnout of folks here in Wheat Ridge from states near and far. CM Weaver reminded everyone that there is a Pie Contest during the Carnation Festival in three weeks. Information is on the City website. “It’s time to get your Pie on!” CM Hultin announced that the Arts Drop by the Cultural Commission is about to begin, July28-31. It is a scavenger hunt; directions are on the City Website or the Cultural Commission FB page. She then recognized our leadership for Zero Fare for Cleaner Air. Other cities, including Denver, are asking how they can achieve the same result. She thanked the Mayor for his leadership on this issue. She thanked the resident who came tonight to speak about speeding on our streets. She reminded everyone that there is a traffic enforcement and safety effort ongoing. We have heard a lot of residents attend Council in the past 2 years complaining about parking on public streets. She reminded everyone that the streets are common property, and anyone has the right to park on our public street. CM Nosler Beck commented that she joined virtually tonight due to the rapid spread of the latest variant of Covid. If you are symptomatic, stay home until you are better and have had a negative test. This virtual platform allows a lot of others to participate when they could otherwise not attend or participate. As a mom, she really appreciates the staff’s work on virtual meetings. There will be a District IV meeting 6:00 pm to about 7:30 on August 2. City Clerk Steve Kirkpatrick reported that a group of residents have begun circulating a petition to refer Ordinance 1744 (ADU) to the voters, if it is not repealed by Council when presented with a sufficient petition. Mayor Starker reminded everyone that Coffee with the Mayor is cancelled for August, because the Carnation Festival Parade is that date, August 13. He was happy to attend the opening of the Coop and Kitchen, a place where small business vendors can sell City Council Minutes July 25, 2022 page 8 their wares, that was well attended and enjoyed. He echoed CM Hultin’s sentiments regarding taking care and driving safely. ADJOURNMENT TO SPECIAL STUDY SESSION The meeting adjourned at 7:53 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON August 22, 2022 __________________________ Rachel Hultin, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 27, 2022 Upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order (after a short break) at 8:02 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 (virtually). Also, present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; City Treasurer, Chris Miller; Assistant to the City Manager, Marianne Schilling; 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. Community Partners Grant Program Committee Recommendations Issue City Council created the Community Partners Grant Program (formerly the Outside Agency Program) Committee in June 2016 to review outside agency applications and present recommendations to City Council on the funding amounts each organization should receive. The purpose of creating this committee was to provide an additional opportunity for residents to participate in the budget process, and to give the committee members the opportunity to weigh community needs against available resources and provide recommendations to City Council. Staff Report Kathy Milkey and Jerry DiTullio, from the Community Partners Grant Program Committee came to testify and make a specific budget request for their programs in calendar and fiscal 2023. She summarized the benefits this effort is providing to City residents of all ages. They provide services that are currently more under-funded than usual, so the City’s contributions are more vital than ever. Marianne Schilling, Assistant to the City Manager spoke on the background of the committee where the total amount of funds distributed in early 2021 was $133,800. In May 2022, two new Wheat Ridge residents were appointed by City Council to serve on the committee for a two-year term to expire in July 2023. Moving forward each year, new members will join for a two-year term so that the committee will be comprised of both experienced and new members each year Also noted was that the committee reviewed applications and listened to presentations from 23 different community organizations, totaling $182,630 in requests. This is an overall increase in funding requests of $25,480 compared to last year. The total number of applicants is down by two agencies compared to last year. However, three new applications were received for the 2023 Community Partners Grant Program: Foothills Regional Housing, Hope Connection and Community, and The Rising/Mission Arvada. The review committee is recommending granting $160,000 to community partners in the 2023 budget. Councilmembers had questions and comments: CM asked detailed questions about the Committee’s procedures for evaluating applications and making their recommendations. CM commented that the description of the various community partners’ requests was helpful. Three new applicants appear on this year’s list, which is great. How do we communicate to eligible agencies that they might be eligible to apply? Ms. Schilling and Mr. DiTullio provided detailed replies. What inspired the City to begin this effort? Mr. Goff reported that he brought the idea from another City where he used to work. CM appreciated the decisions the Committee has made in making their recommend- dations, for many reasons but especially the Committee’s willingness to actually recommend grants larger than the applicant sought when that seemed warranted. Several members thanked the staff and the Committee. How is the eligibility of an agency determined? Ms. Schilling gave a detailed reply. CM strongly endorsed this effort and the recommended grants. The Mayor proposed a consensus to direct staff to carry this forward. Consensus achieved. 2. 2E Bond Update and Future Bonding Discussion Issue At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which temporarily increased the sales and use tax levied by the City by one-half of one percent (3% to 3.5%) for up to 12 years or $38.5 million, whichever occurs first. It also authorized the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Sales and use tax revenue bonds were issued on May 2, 2017 to finance four specific City investments including Anderson Park, Wadsworth Boulevard, Wheat Ridge Ward Gold Line station development and the Clear Creek Crossing development. The purpose of this study session is to provide an update to City Council on the status of the 2E bond projects, the 2E Bond Fund and to start the conversation concerning a potential extension of the 0.5% tax increase and the issuance of additional bonds for capital infrastructure projects. Staff Report Mr. Goff gave a brief history of the issue, beginning on January 22, 2007, when City Council officially ratified the creation of Mayor DiTullio’s Drainage, Infrastructure, Roads and Trails (DIRT) Task Force. The mission of the Task Force was: To identify and prioritize projects that will protect and improve the quality of life for citizens, complement the business community and make Wheat Ridge a city where citizens want to live, work, play and become stakeholders within the community. The Task Force was made up of ten Wheat Ridge residents, the Wheat Ridge City Treasurer, the WR2020 Executive Director, three council members, one rotating council member and two youth representing Wheat Ridge High School. The Task Force met over several months to review over $143 million of unfunded infrastructure projects identified by City Council and staff. City Council met in study session on July 11, 2016, July 25, 2016 and August 1, 2016 and discussed the DIRT Task Force recommendations and a consensus was reached to consider a sales and use tax rate increase for the 2016 ballot to fund a portion of the DIRT Task Force recommendations. On August 22, 2016, City Council approved Council Bill No. 17, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016 and submitting a ballot question concerning a temporary increase of one-half of one cent ($0.005) in the City’s sales and use tax rate (cents per $10). He also spoke on the following 2E funded topics: • Improvements to Anderson Park • Clear Creek Crossing Access Ramps • Wadsworth Improvement Project • Wheat Ridge · Ward Station The next steps identified over $113 million in unfunded transportation, facility, floodplain, bicycle/pedestrian, drainage, and parks and recreation infrastructure and other maintenance projects. Historically, major infrastructure and maintenance projects in the City have been deferred for long periods or were funded through a “pay-as-you- go” model. Although the 2E Bond Fund projects have not been fully completed, I believe this has been an effective model for funding major infrastructure projects in the City. Staff requests further discussion and direction from City Council on continuing a bonding model to fund the City’s critical infrastructure needs. 1. Is bonding an effective model for funding critical infrastructure projects? 2. Considering the current temporary sales and use tax increase of 0.05% will expire in 2024, should the City consider a ballot question to extend the tax for a certain period of time? 3. Should the City issue additional bonds for infrastructure projects? 4. Should the City conduct polling to determine the communities’ level of support for an extension of the temporary sales tax and additional bonding authority? Mr. Goff indicated that November 2023 would be the best time for putting this issue before the voters, if Council agrees that continuing the sales tax is a good way to generate the necessary revenue. Councilmembers had questions and comments: A discussion ensued, focusing on the four questions stated above. CM Hoppe remarked on the history of the sales tax and municipal bond vehicles to fund infrastructure. She asked Mr. Goff for a suggestion about how to proceed. He commented on prior processes the City has used and options Council might consider going forward. Mr. Goff emphasized that we need to employ both community engagement process and planning process. CM Hultin commented that we have a lot more data from several credible sources than Council did when the current infrastructure plan was designed, and funding approaches considered. We have a lot of guidance from our community about how to proceed. Mayor Starker asked for a consensus on answers to the four questions: 1. Yes, proceed. 2. Yes, proceed. 3. Yes, proceed. 4. Yes, proceed. Consensuses achieved. CM asked how the next steps will work and the timing. Mr. Goff gave a set of specific recommendations for next steps and a timeline. CM Hultin expressed her support for polling the residents on their preferences for this funding. A discussion ensued about when to schedule the 2023 residents’ survey. 3. Staff Report(s) Nothing further at this time, as staff made reports already in tonight’s Regular Council 4. Elected Officials’ Report(s) CM Dozeman announced that our annual celebration of the City’s incorporation is August 12-14 with the parade on Saturday, August 13. Registration for the parade closes July 30th. We are planning a District IV meeting, as announced earlier this evening, Monday, August 29th, 6 p.m. to about 7:30 or 8:00. She thanked the Audacity Lounge for hosting a meeting with residents last week. CM Hultin reminded us that one week from tomorrow is Neighborhood Night Out. This year we will have this event as a City park, one park per District. On the following night there is a meeting at New Image Brewing for people to meet their officials and have a dialogue about the City’s future. ADJOURNMENT The Special Study Session adjourned at 8:44 pm. APPROVED BY CITY COUNCIL ON August 22, 2022. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Rachel Hultin, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting August 1, 2022 Mayor Bud Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Rachel Hultin, Valerie Nosler Beck, Janeece Hoppe, and Leah Dozeman (virtually). Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Renewal Wheat Ridge Executive Director, Steve Art; Renewal Wheat Ridge Legal Counsel, Corey Hoffmann; CC4CA Executive Director, Jacob Smith; interested citizens and guests. Public’s Right to Speak No one came forward to speak this evening. 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 the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Colorado Communities for Climate Action Update Issue Colorado Communities for Climate Action (CC4CA) is a coalition of counties and municipalities, including Wheat Ridge, advocating for strong state and federal climate policy. Jacob Smith, CC4CA executive director, will be providing an update to City Council concerning CC4CA’s activities and current policy priorities Staff Reports Mr. Goff spoke briefly on the issue and passed the baton to CM Hultin, who introduced Jacob Smith, Executive Director of CC4CA. He gave a detailed presentation focusing on CC4CA’s mission, structure, activities and plans. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail: • Several CM thanked the staff and the consultant for the report and more so for their hard work. • CM asked numerous, detailed questions of Mr. Smith, who responded with specifics. • CM Nosler Beck stated that when residents have a desire to listen to hearings at the state legislature those sessions are always available live, online. • CM Hultin noted that because of the number of residents CC4CA represents, they have the ears of state legislators. She announced that CC4CA will hold a transportation planning forum on August 26th with CDOT. CM Hultin will be presenting at that meeting. • CC4CA is focusing on not only environmental issues but also how to reach underserved locations and populations. • Mayor Starker commented on the effort to inspire a local response to improving the qualities of recyclables represent an opportunity for more businesses to earn a profit from recycling. Mr. Smith gave a detailed reply. • Is CC4CA working specifically on diesel emissions? Mr. Smith provided CM Hutchinson a detailed answer. • Do you have a timeline in mind for next report to Council? Mr. Smith gave CM Dozeman a specific answer. • What do you see coming forward in the next session of the legislature, following any possible changes resulting from the outcomes of the election in November? Again, Mr. Smith gave a specific answer. 2. Lutheran Legacy Campus Urban Renewal Plan Formation Issue The Lutheran Medical Campus is located in the heart of Wheat Ridge and has operated as a medical center since 1905. A new Lutheran hospital is currently being constructed at the Clear Creek Crossing development, and the hospital’s move presents a rare opportunity to reimagine the future of the Lutheran Legacy Campus. City Council adopted the Lutheran Legacy Campus Master Plan on October 25, 2021. The primary goal of the Master Plan was to establish a development framework to guide future planning and development of the Lutheran Legacy Campus. The development framework is intended to communicate key development parameters and considerations to ensure that any future redevelopment of the campus reflects the values and priorities expressed by the community throughout the planning process. The Master Plan calls for the inclusion of community amenities that can support the redevelopment of the campus and the creation of a community gathering place. The ultimate redevelopment of the campus will necessitate significant capital infrastructure investments from both the future developer and the City to achieve the vision for the area. Urban Renewal and tax increment financing (TIF) are two tools the Master Plan recommends the City explore in concert with the redevelopment of the campus. Staff Reports Mr. Goff gave an overview of the status of the plan to date, with emphasis on various desires for redevelopment and potential tax revenues and other funding options for the development of the parcel. Mr. Art and Counsel to Renewal Wheat Ridge (RWR) Corey Hoffman spoke on the issue including items: 1. A detailed review of how RWR was established by City Council in 1981 to accomplish the redevelopment and rehabilitation of blighted areas in the City to provide a safer and more useful environment for their users and inhabitants 2. These five urban renewal plans still exist today: • West End 38 Urban Renewal Plan, adopted 2015 • I-70/Kipling Corridors Urban Renewal Plan, adopted 2009 • Wadsworth Boulevard Corridor Redevelopment Plan, adopted 2001 • 38th Avenue Corridor Redevelopment Plan, adopted 2001 • West 44th Avenue & Ward Road Redevelopment Plan, adopted 2001 3. The use of tax increment financing (TIF) 4. Forming a new urban renewal plan area 5. Implications of forming a new urban renewal plan area Councilmembers had questions and comments: CM asked detailed questions about the negotiations that would be required to establish taxation policy. The City, the WR Urban Renewal Authority and each taxing entity (e.g., school district, sanitation districts, fire service districts…) would engage in a lengthy process prescribed in CRS. Mr. Hoffman emphasized the complexity and time- consuming nature of those negotiations. CM had further questions about the possibility of taking new action on urban renewal, including: • Who is eligible for urban renewal authority board membership? • Would we have to expand the current Board if we undertake an urban renewal plan for the Lutheran Legacy Campus Plan? • What steps might Council take that would later be potentially irreversible? • How is community involvement ensured? • When does the law require the City to re-create our Urban Renewal Authority? Mr. Art responded not until 2040. • Where in our Code does the Authority board composition appear? Would it require revisions? Mr. Hoffman replied in detail, saying in part that new ordinances would in all likelihood be necessary. Mayor Starker proposed a consensus to authorize Renewal Wheat Ridge to begin the process of creating a new urban renewal area and plan for the Lutheran Legacy Campus and to ask staff to return to Council with additional information and further recommendations. Consensus attained. 3. Staff Report(s) Mr. Goff reminded everyone that there is no Council session next Monday. Tomorrow evening, Tuesday, August 2 is National Night Out. The WR Police Department will have officers and some of their equipment and vehicles at each of four City Parks, one in each District. The staff is distributing a survey for CM and asked CM to complete their response by August 8th. The Study Session on August 15 will focus on affordable housing. Mr. Goff reported that staff are doing a market analysis on compensation given the inflation that has hit. Staff will bring to Council a mid-year cost of living adjustment proposal for this year and build more compensation funds into the 2023 budget. 4. Elected Officials’ Report(s) City Clerk Steve Kirkpatrick proudly reported that CM Nosler Beck was recently honored as one of the 25 most influential young women in Colorado business! Her peers and the Mayor congratulated the CM and expressed our pride in her recognition and the strongly positive light it shines not only on CM Nosler Beck but also the City of Wheat Ridge. CM Hultin reported that her District site for tomorrow’s National Night Out is Randall Park. She also recently took rapid transit this morning, the first day of the August fare suspension for all RTD services. She challenged all to please, take at least three rides on RTC services sometime during the month of August. She also reminded the public that dogs must be on a leash; it’s the law! She also said she will submit a formal request for improvements along Clear Creek Trail where it crosses Kipling Parkway because that area is hazardous to those enjoying the Greenbelt. CM Hultin asked to add climate emergency action to a future Study Session. CM Stites reminded us that Art of the Farm was a success last weekend. He and CM Weaver are looking forward to seeing everyone tomorrow evening at Discovery Park for National Night Out. CM Ohm met with staff from Parks and Rec last week to ensure the safe use of a bouncy castle tomorrow evening for National Night Out. We also need to develop a farmers’ market in Wheat Ridge, and there is a group beginning to study the possibility. CM Ohm thinks it would be important to have an LED sign in the City to announce special events, and between those displays, posting information about our Ozone level, and potentially our CO2 parts per million in the air. This weekend he will discuss with the new principal at the school partnering opportunities for WR high school students to get business experience. CM Weaver reminded everyone that there is a Pie Baking Contest included in this year’s Festival, so get cracking on your best pie recipes and register for the event! She reminded us that one can take their bike along when riding free on RTD this month! CM Hutchinson thanked Stephanie for all the work she did to help the Council. Come to the District I National Night Out tomorrow; we will have pizza and trinkets. Ours will be the best in the City! CM Nosler Beck announced that the coach for Wheat Ridge Piranhas youth swimming program has left, and she was a great resource for children – they won their last meet! She announced that the coach has left because she could not afford workforce housing in Wheat Ridge. CM Dozeman reminded all that the Carnation Festival is now a mere 12 days away! Please, consult the Carnation Festival website, or the City website, for the schedule of events August 12, 13 and 14. The Carnation Festival Parade will once again flow along 38th Avenue on Saturday morning, August 13 beginning about 9:00 a.m. The Festival still needs volunteers, so please, sign up. Tomorrow evening’s District IV National Night Out will occur at Anderson Park. She also found one of the pieces of art the Cultural Commission provided during the Art Drop this past weekend, July 29-31. The Mayor thanked everyone for a productive meeting. The Carnation Festival has superseded Coffee with the Mayor on August 13th. Please, drive carefully, and remain vigilant for children, cyclists and pedestrians. ADJOURNMENT The Study Session adjourned at 8:08 p.m. APPROVED BY CITY COUNCIL ON August 22, 2022. ________________________________________________ Steve Kirkpatrick, City Clerk ________________________________________________ Rachel Hultin, Mayor Pro Tem STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting August 15, 2022 Mayor Bud Starker called the Study Session to order at 6:33 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Rachel Hultin, Valerie Nosler Beck, Janeece Hoppe, and Leah Dozeman. Also present: City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of Administration, Allison Scheck; Planning Manager, Lauren Mikulak; City Attorney, Jerry Dahl; Assistant to the City Manager, Marianne Schilling; Eric Ameigh and Charles Buki, with czb (a consulting firm); Local Works Executive Director, Paige Piper; several members of the Localworks Board of Directors, interested citizens and guests. Public’s Right to Speak No one came forward to speak this evening. 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 the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Affordable Housing Discussion Issue czb has begun a scope of work that includes research and data analysis as well as evaluation of affordable housing needs, various opportunity site types, and affordable housing tools. Staff Reports Mr. Goff spoke briefly on the issue who introduced Eric Ameigh and Charles Buki of czb, the company that the City engaged to complete an Affordable Housing Strategy and Action Plan. Messrs. Ameigh and Buki gave a detailed presentation focusing on cbz’s strategic options and action plans. Clerk’s Note: czb conducted a workshop for the Mayor and Councilmembers, free and open to the public, on the basic principles and best practices for increasing the supply of affordable housing. The workshop was recorded prior to the call to order of this Study Session, to make it available to the public later. Their presentation in this Study Session was built to reprise and summarize the earlier workshop. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves, with czb, and with staff, who answered their questions in detail: • Several CM thanked the staff and the consultant for the report and more so for their hard work. Several CM also said that their meetings with Ms. Piper had resulted in the CM “feeling like they had been listened to.” • CM asked numerous, detailed questions of Mr. Ameigh and Mr. Buki, who responded with specifics. CM comments and questions concerned, among other things:  Many of these suggestions from czb and other interested parties could inform the design of the Lutheran Legacy Campus.  Aside from the Lutheran Legacy Campus are their other locations where we could apply some of these affordable housing strategies?  Can we incentivize developers to implement some of these affordable housing strategies? How would such incentives work?  Rather than spot-specific efforts could we make opportunities available city-wide for projects to meet a set of affordable housing criteria?  Is there a way to dynamically incentivize some potential projects developers may be considering? For example, could we look at some existing residential housing that would be ideal for renovation and updates?  How can we leverage inclusionary zoning tactics that actually increase the availability of affordable housing without having other, negative unintended consequences?  We need to think beyond home ownership options and also emphasize affordable rental properties. Can we also consider a program that would empower renters to own their homes?  We also need to be aware that there are statewide efforts to support developing affordable housing. For instance, there is an initiative petition seeking to devote 1 basis point (1/100 of 1 percent) of state income tax collections to generate nearly $300 million a year to advance affordable housing with strategically target funding.  Several CM commented that we need to remember the people who have household incomes between $50K and $75K.  Big picture, we need to have an overarching, strategic approach to affordable housing vs. an admixture of approaches that are not necessarily connected to an overall strategic plan.  Realistically, we have the Lutheran Legacy property and limited infills. Perhaps we need to focus on that $50K and $75K segment and higher income groups because it is unrealistic to believe we can have much impact below the $50K level.  We need to remember that a lot of our older dwellings in the City are small homes. This fact will impact some of our strategic decisions.  Perhaps we should devote a portion of our Short-Term Rental licensing revenues to affordable housing. The pros from czb responded, providing detailed insights and reactions to CM questions and suggestions. Council agreed that we should expect to hear more from czb in the fall, based on tonight’s discussion. 2. 2023 Budget Requests – Carnation Festival, Wheat Ridge Business District and Localworks Issue Representatives from Wheat Ridge Business District, Localworks and Carnation Festival have submitted 2023 budget requests for Council’s consideration. Staff requests feedback on the attached proposals with consensus to proceed so that the appropriate levels of funding are included in the 2023 proposed budget. While representatives from all three partners are available for questions, only Localworks will make a presentation. Staff Reports Administrative Services Director, Allison Scheck delivered to Council a detailed presentation about this item, its purpose, and the financial impacts for bringing it to Council. The 2023 budget request per organization is as follows: Carnation Festival - $125,000 Wheat Ridge Business District - $90,000 Localworks - $253,000 Mr. Joe DeMott was available to speak on behalf of the WR Business District and the Carnation Festival budget requests for 2023. Councilmembers had questions and comments: • Councilmembers reviewed the Wheat Ridge Business District and Carnation Festival budget requests, both of them for the same level of funding in 2023 as in 2022. The Mayor proposed a consensus to approve the request $90K for the Wheat Ridge Business District in 2023. Consensus attained. The Mayor proposed a consensus to approve the request of $125K for the Carnation Festival in the City’s 2023. Consensus attained. Paige Piper, Executive Director for Localworks, came to present the Localworks 2023 budget request. She gave a presentation which provided detail about Localworks accomplishments this year and plans for 2023. Ms. Piper emphasized that this request aligns with Localworks strategic plan for growing other sources of revenue over time to support its programs and in tandem reduce the agency’s need for funding in the City Budget. CM had comments and questions: • This is seriously great work! CM felt that Localworks has listened well to Council’s thoughts leading to tonight’s session. “You hit it out of the park!” • Makerspace will require a lot of communication, public relations and grassroots community marketing, in English and Spanish, to ensure that all who could benefit from this program learn about it. • Makerspace should include some kind of conference room space for local businesses in incubation to use/rent when they have prospective funders or customers visiting. • Planning for revenue streams going forward to support Localworks with less City funding at some point is a great step forward. • You are bringing a refreshing enthusiasm to Localworks plans and budget requests! Fundraising goals, including revenue, donations and grants, are key to Localworks future and we are delighted to see it. • We greatly appreciate your community-building directions in both your program plans and budget request. • How does Localworks dovetail well with other organizations, including the Cultural Commission, in supporting artists and art? • How will Localworks specifically support entrepreneurs? Describe the planned efforts to ensure that the Makerspace actually creates new local businesses. • Please, discuss Art Space, how it works and what the plans for those dollars entail. • Please, use every best-practices method available to spread the word about Localworks and Makerspace. Your whole new communication strategy and tactical plans looks excellent. • Will the HIP and Bubble loans continue in 2023? Localworks replied yes, with detailed thinking on how those resources can have their optimal impact. • We need a farmers’ market in Wheat Ridge again. We had a successful one in the past and we hope to consider a new effort toward a farmers’ market in WR. The Mayor proposed a consensus to request that staff include funding for Localworks in the 2023 budget in line with the Localworks requests. Consensus attained. Staff Report(s) Mr. Goff had nothing more this evening. Elected Officials’ Report(s) Councilmembers profusely thanked all those who made the 2022 Carnation Festival such a resounding success. Councilmembers thanked a number of individuals, sponsors and organizations for their teamwork, hard work and support for this traditional and widely anticipated festival. CM Dozeman thanked the Parks and Rec staff and the WRPD for their excellent support and hard work. She also thanked the Carnation Festival Board for all of their hard wok that resulted in such a great Festival. CM Hultin thanked the Localworks Board for their hard work and attendance this evening. CM Stites echoed his peers comments and profuse thanks! CM Ohm met with architects and looks forward to their visit to Council. A new greenhouse is going in at the high school. He chatted with Maki at the Festival about programs at WR High School. He read a letter from Las Vegas Water executives about the difficulties facing all of us who live in the west. He would like to see a discussion about water conservation methods at a future Council meeting. CM Weaver lauded the excellent parade and CM Dozeman’s hard work. She thanked the 23 people who submitted pies and raised $500 for local charity. CM Hutchinson suggested contacting CSU extension about water conservation. She also discussed her happy experiences at the Festival Parade last Saturday. CM Nosler Beck welcomed the teachers, other educators and kids back to school this week. The Mayor thanked everyone for a productive meeting. He also reminded everyone to be extra vigilant for our children as they travel to and from schools that have opened or will open soon. ADJOURNMENT The Study Session adjourned at 8:47 p.m. APPROVED BY CITY COUNCIL ON August 22, 2022. ________________________________________________ Steve Kirkpatrick, City Clerk ________________________________________________ Rachel Hultin, Mayor Pro Tem PROCLAMATION NATIONAL HISPANIC HERITAGE MONTH September 15 to October 15, 2022 WHEREAS, Hispanic Americans have contributed greatly to our nation in all areas including science, art, music, sports, education, and public service; and have bravely served their country in large numbers in times of peace, war and in every way in our nation’s history; and WHEREAS, in 1968, Congress authorized President Lyndon B. Johnson to proclaim National Hispanic American Heritage Week and this observance was expanded in 1988 to a month-long celebration; and WHEREAS, during this month, Americans celebrate the traditions, ancestry, and unique experiences of those who trace their family background to Spain and Latin American countries; and WHEREAS, twenty-one percent of Wheat Ridge residents identify as Hispanic or Latino; and WHEREAS, throughout our history, Hispanic Americans have enriched the American way of life and we recognize the millions of Hispanic Americans whose love of family, hard work, and community have helped unite us as a nation; and WHEREAS, accomplishments made by Hispanic Americans serve as an inspiration to all who seek freedom, opportunity, and a new beginning for themselves and their children. NOW, THEREFORE BE IT RESOLVED that the Wheat Ridge Mayor and City Council wishes to recognize September 15 to October 15, 2022 as “National Hispanic Heritage Month” and encourage residents of Wheat Ridge to celebrate the cultural, professional, educational, and civic contributions of the Hispanic community. IN WITNESS THEREOF on this 22nd day of August 2022. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION National Suicide Prevention Week September 4-10, 2022 WHEREAS, National Suicide Prevention Week, in conjunction with National Suicide Prevention Month is an annual week-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and warning signs of suicide; and WHEREAS, by drawing attention to the problem of suicide in the United States, the campaign also strives to reduce the stigma surrounding the topic, as well as encourage the pursuit of mental health assistance and support people who have attempted suicide; and WHEREAS, as part of the campaign, health organizations are encouraged to conduct depression screenings-including self-administrated and online tests-and refer interested individuals to a national toll-free crisis telephone number 1-800-273-TALK (8255); and WHEREAS, since 1975, National Suicide Prevention Week awareness events are held throughout the week corresponding to World Suicide Prevention Day, which is recognized annually on the 10th of September; and WHEREAS, I encourage all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors over the next few days and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize that suicide is not the answer. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim that September 4-10, 2022, be declared ‘SUICIDE PREVENTION WEEK’ and that the day of September 10th be declared ‘WORLD SUICIDE PREVENTION DAY.’ IN WITNESS WHEREOF, on this 22nd day of August 2022. __________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: FIRST OPPORTUNITY FOR PUBLIC INPUT ON THE 2023 BUDGET PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Administrative Services Director City Manager ISSUE: Development of the 2023 budget is underway. An important phase of this process is inviting the public to provide input to City Council prior to the presentation of the 2023 proposed budget. This public input opportunity is the first of two; the second opportunity for public input will be during the regular City Council meeting on Monday, September 26, 2022. Members of the public are also able to provide input via the City’s community engagement platform at www.WhatsUpWheatRidge.com PRIOR ACTION: No prior action was necessary on this item. FINANCIAL IMPACT: There is no financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers’ Association (GFOA). Staff includes a summary of all feedback received from these ITEM NO. A First Public Input Opportunity on the 2023 Budget August 22, 2022 Page 2 public input meetings and online contributions in the presentation of the proposed budget to City Council. The 2023 Budget is scheduled to be presented to the Mayor and City Council on Monday, October 17, 2022. Following review and direction from City Council, the public hearing and adoption of the proposed 2023 Budget is scheduled for Monday, November 14, 2022. The proposed budget will be available online on the City website prior to the October 17 meeting. A copy of the proposed budget will also be available in the City Clerk’s Office for review. The public is invited to provide input on the proposed 2023 Budget at the October 17 and November 14 meetings in addition to the two scheduled public input opportunities. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ITEM NO: 1a DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2022 – A RESOLUTION DEMONSTRATING CITY COUNCIL’S SUPPORT OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM FOR THE TABOR LAKE TRAIL DESIGN-BUILD PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Parks and Recreation Director City Manager ISSUE: Jefferson County Open Space manages the Trails Partnership Program, which is funded by the Jefferson County Open Space tax, and exists to fund trails projects in the county at either 25% of the project cost for local trails or 50% of the project cost for regional trails. This project funding application is for the design and construction of a stable, accessible, safe trail around Tabor Lake with connections to the Clear Creek Trail and 44th Avenue. The Clear Creek Trail is considered a regional trail, and therefore this project likely qualifies as a regional project. PRIOR ACTION: City Council previously approved ARPA funding for this project in spring 2022. No prior action has been taken by Council or a board/commission on this specific funding application. Council did support funding applications to this program for two other trail projects in 2020 and 2021 (both were successfully funded). Letters of support have been requested from the Parks and Recreation Commission, Sustainable Wheat Ridge, Bike Jeffco, the Wheat Ridge Active Transportation Advisory Team, Kullerstrand Elementary School, Mountain Phoenix Community School, and others. CAF – Council Support of Tabor Lake Trail Funding Application August 22, 2022 Page 2 FINANCIAL IMPACT: The project is estimated to cost at least $934,000, which is based on 2020 estimates that will be updated prior to the application submission. The grant application will request 50% of the estimated project cost (at least $467,000). The City’s 50% (also at least $467,000) is included in the proposed 2023 city budget within the Open Space Fund. The exact project budget is still being developed with Jeffco Open Space and contractors and these figures will likely increase. BACKGROUND: The Clear Creek Trail is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2021 Resident Survey showed that 2/3 of respondents used the Clear Creek Trail in the last year. Each of the Let’s Talk Program’s focus neighborhoods to date have told the City that bicycle and pedestrian access and safety to and around the Clear Creek Trail is a top tier issue. This project would expand the Clear Creek Trail network, improve access to the network and Greenbelt from 44th Ave, and add outdoor recreation amenities such as picnic tables, stable lake access points, and a safe trail. There is currently a dirt social, unmaintained trail around Tabor Lake that was partially closed off by the City due to erosion and safety concerns. This project would design and build a stable, safe, accessible trail around the lake for pedestrians, cyclists, fishing, picnicking, birdwatching, and more. The City is currently working with a Colorado School of Mines senior student team on public engagement and trail planning and design. This grant program, in its third year in 2022, is limited to trails projects in Jefferson County and thus has a more limited potential applicant pool than state or federal grant programs. This makes the funding opportunity less competitive and more likely to result in funding for Wheat Ridge. It provides a strong opportunity to get 25% or 50% of trails projects funded through the county. RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution of support to pursue funding to cover 50% of the project costs. Should this resolution not be passed, the project may be delayed beyond 2023 to be fully funded to design and build the trail. It is likely (but not guaranteed) that this grant program, and others, will be available in the future for this type of work. ARPA funds do need to be spent by 2026, so delaying this project isn’t advised. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2022, a resolution demonstrating City Council’s support of an application to the Jefferson County Open Space Trails Partnership Program for the Tabor Lake Trail design-build project.” Or, “I move to postpone indefinitely Resolution No. 34-2022, a resolution demonstrating City Council’s support of an application to the Jefferson County Open Space Trails Partnership Program for the Tabor Lake Trail design-build project for the following reason(s) __________________________________________________________________________.” CAF – Council Support of Tabor Lake Trail Funding Application August 22, 2022 Page 3 REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2022 2. Tabor Lake Trail Preliminary School of Mines Map 3. Community Input Charts (Survey Results) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2022 TITLE: A RESOLUTION DEMONSTRATING CITY COUNCIL’S SUPPORT OF AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM FOR THE TABOR LAKE TRAIL DESIGN-BUILD PROJECT WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that building a maintained Tabor Lake Trail is desired; and WHEREAS, the City of Wheat Ridge wishes to pursue an application for the Jefferson County Open Space Trails Partnership Program grant for the purposes of applying for funds to support contracting with firms to design and build the Tabor Lake Trail; and WHEREAS, the City of Wheat Ridge agrees to, if grant funding is awarded, complete the project as described in the application by implementing grant funding supported by in-kind and cash funding. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Mayor and City Council support the application for the Jefferson County Open Space Trails Partnership Program. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of August 2022. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ITEM NO: 1b DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO XCEL ENERGY IN THE AMOUNT OF $188,253.92 TO UNDERGROUND THE EXISTING OVERHEAD ELECTRIC LINES TO ALLOW FOR THE CONSTRUCTION OF THE WHEAT RIDGE · WARD STATION PEDESTRIAN BRIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ Community Development Director City Manager ISSUE: In order to construct the pedestrian bridge over the G-Line tracks, the City needs Xcel Energy to underground the existing overhead electric lines in the vicinity of the proposed bridge. Xcel requires a deposit for the estimated cost of the undergrounding work prior to beginning the design. Since the amount is over $75,000, Council needs to approve the payment. PRIOR ACTION: Council has taken several actions related to advancing the construction of a pedestrian bridge at the Wheat Ridge Ward Station including awarding consultant contracts for design and rights-of- way acquisition starting in 2019. FINANCIAL IMPACT: The proposed deposit for the undergrounding work is included in the 2022 Renewal Wheat Ridge Bond Projects Fund. Council Action Form – Xcel Undergrounding August 22, 2022 Page 2 BACKGROUND: The pedestrian bridge, plazas, and trail improvement projects at the Wheat Ridge · Ward Station area were restarted in early 2022 after receiving funding from the Renewal Wheat Ridge I-70 Kipling Bond Fund. The conceptual design for the pedestrian bridge, plazas, and trail improvements projects has been completed and is available for viewing on the City’s website. The conceptual designs have also been reviewed by Xcel and they have determined the western limit of the undergrounding work that is necessary. At a minimum, 800 feet of the overhead line will need to be placed underground in accordance with Xcel’s policies. The amount of the deposit represents their estimated cost of that 800-foot length. The eastern limit will be determined during design but will be at least 800 feet to the east or just west of Tabor. If the undergrounding can’t be terminated there, for technical reasons, then it may need to extend all the way to the City boundary east of Tabor Street or around 1,600 feet. If more than 800 feet of undergrounding is needed, then an additional payment will be required. Due to the availability of the bond funds, staff determined that using the City’s 1% Xcel funds would not be appropriate. When 1% funds are not being used, Xcel requires that a deposit for the estimated construction costs be received before the design work begins. Getting the electric lines undergrounded will likely be a long lead item and is a critical to be completed before the construction of the pedestrian bridge can begin. RECOMMENDATIONS: Staff recommends authorizing Xcel to complete the necessary undergrounding for the pedestrian bridge at the Wheat Ridge Ward station area. RECOMMENDED MOTION: “I move to approve payment to Xcel Energy in the amount of $188,253.92 to underground the existing overhead electric lines to allow for the construction of the Wheat Ridge · Ward Station pedestrian bridge.” Or, “I move to not approve the payment to Xcel Energy in the amount of $188,253.92 to underground the existing overhead electric lines to allow for the construction of the Wheat Ridge · Ward Station pedestrian bridge for the following reason(s) _________________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager Council Action Form – Xcel Undergrounding August 22, 2022 Page 3 ATTACHMENTS: 1. Xcel Energy Bill dated July 18, 2022 2. Xcel Exhibit ITEM NO: 1c DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 CAPITAL IMPROVEMENT PROGRAM FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,260,000 FOR PHASE 1 OF THE IMPROVE WADSWORTH PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The City executed a contract with Concrete Works of Colorado in the amount of $36.5 million on August 23, 2021 to construct Phase 1 of the Improve Wadsworth Project. The anticipated completion date of the project is in the fall of 2023. The 2022 Capital Improvement Program (CIP) Budget includes $16.5 million for work to be completed in 2022. It is anticipated more work will be completed on the project than anticipated or budgeted for in Fiscal Year 2022. Therefore, a supplemental budget appropriation in the amount of $7,260,000 is required in order to keep the project moving forward. PRIOR ACTION: Staff has met with Council numerous times over the past nine years to provide updates on the Improve Wadsworth Project concerning environmental, design, right-of-way (ROW), budget, and construction related issues. On February 22, 2021, Council approved agreements with the Wheat Ridge Water and Wheat Ridge Sanitation Districts to include replacement of their facilities within the Phase 1 limits. Council Action Form – Improve Wadsworth Budget Supplemental August 22, 2022 Page 2 On August 23, 2021, Council approved the award of a contract with Concrete Works of Colorado (CWC) for $36,471,468.01 to construct Phase 1 of the Improve Wadsworth Project. FINANCIAL IMPACT: The City will receive reimbursements from the water and sewer districts and CDOT for a majority of this work. In addition, the CIP Budget is expected to receive additional revenue in 2022 from reimbursements for work completed in 2021. Therefore, there is adequate resources available in the CIP Budget for this supplemental budget request. BACKGROUND: City Council approved a contract with Concrete Works of Colorado in the amount of $36.5 million on August 23, 2021 to construct Phase 1 of the Improve Wadsworth Project. At the time that the 2022 CIP Budget was initially prepared in 2021, the costs and corresponding reimbursement for the water and sewer work was not known. Those costs total $3.2 million with almost $1.8 million for water and over $1.4 million for sewer. In addition, the payment drawdown schedule that was submitted by CWC was not received until early 2022. It includes $4 million more in City related construction expenses in 2022 than was anticipated by staff in 2021 during the preparation of the CIP budget. RECOMMENDATIONS: Staff recommends approval of this budget supplemental request. RECOMMENDED MOTION: “I move to approve Resolution No. 35-2022, a resolution amending the Fiscal Year 2022 Capital Improvement Program Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $7,260,000 for Phase 1 of the Improve Wadsworth Project.” Or, “I move to table indefinitely Resolution No. 35-2022, a resolution amending the Fiscal Year 2022 Capital Improvement Program Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $7,260,000 for Phase 1 of the Improve Wadsworth Project for the following reason(s): ___________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Russ Higgins, Field Supervisor Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 CAPITAL IMPROVEMENT PROGRAM FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,260,000 FOR PHASE 1 OF THE IMPROVE WADSWORTH PROJECT WHEREAS, the City has executed a contract with Concrete Works of Colorado to construct Phase 1 of the Improve Wadsworth Project and will be completing more of the work in 2022 than anticipated; and WHEREAS, the City has executed an Intergovernmental Agreement with Wheat Ridge Sanitation District to reconstruct their facilities within the limits of Phase 1 and will be reimbursed for the work; and WHEREAS, the City has executed a Memorandum of Understanding with Wheat Ridge Water District to reconstruct their facilities within the limits of Phase 1 and will be reimbursed for the work; and WHEREAS; the City has executed a contract with the Colorado Department of Transportation to manage the construction of Phase 1 and will be reimbursed for eligible expenses; and WHEREAS, insufficient appropriations in the 2022 CIP Budget exist to cover these expenditures; 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: Section 1. A transfer from CIP Budget undesignated reserves in the amount of $7,260,000 to line item 30-303-800-865 is hereby approved and revenues are amended accordingly for Phase 1 of the Improve Wadsworth project. DONE AND RESOLVED this 22nd day of August 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 2 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2022 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE IMPLEMENTATION OF A RESIDENTIAL BULK PLANE DEVELOPMENT STANDARD PUBLIC HEARING ORDINANCES FOR 1ST READING (07/25/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/22/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________________ Community Development Director City Manager ISSUE: Currently, bulk plane regulations apply only to detached single-unit homes in the R-1C and R-3 zone districts. This ordinance expands the applicability of bulk plane to all R-series residential zone districts. The purpose of this change is to achieve community goals related to neighborhood compatibility and to address resident concerns related to the height and massing of new two- and three-story homes and additions. PRIOR ACTION: After a series of study sessions and public hearings in 2015 and 2016, bulk plane regulations were originally added to the zoning code in November 2016, when City Council adopted Ordinance 1613. During the 2021 City Council strategic planning session, the potential to adopt such regulations in all residential zoning districts was identified as a priority. The topic was discussed by Council in May 2021 and again more recently on May 16, 2022 at which time there was consensus from Council to expand the applicability of bulk plane. Planning Commission reviewed the proposed ordinance at a public hearing on July 7, 2022 and recommended approval. Meeting minutes from the Planning Commission hearing are attached. Council Action Form – Residential Bulk Plane August 22, 2022 Page 2 City Council approved this ordinance on first reading on July 25, 2022. A motion was made by Councilmember Hoppe and seconded by Councilmember Stites 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. BACKGROUND: Current Code Bulk plane regulations are established in Section 26-642 of the code. Bulk plane is measured at 15’ above the property line and a 45-degree angle. Bulk plane currently applies only to detached single-unit homes in the R-1C and R-3 zone districts where it applies to new homes, additions, and accessory structures. Additionally, bulk plane applies to all new detached accessory dwelling units which became effective on August 15, 2022. Figures 1 and 2 below show the difference in the building envelope with and without bulk plane. Figure 1: No Bulk Plane The size of a home on this lot is constrained by the maximum building height and by minimum setbacks from the property lines. Figure 2: With Bulk Plane The size of a home on this lot is constrained by the maximum building height, by minimum setbacks from the property lines, and by the diagonal bulk plane. Council Action Form – Residential Bulk Plane August 22, 2022 Page 3 Proposed Code Amendment The proposed ordinance applies bulk plane regulations to detached single-unit properties in all eight of the R-series residential zone districts, including R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, and R-3A. This is accomplished through the revision and addition of specific footnotes and text to Article II of the zoning code thereby amending the development standards for each residential zone district. Bulk plane is not proposed to apply to duplex or multi-unit residential construction where a different set of setback and design standards currently apply to achieve a similar result. For existing Planned Residential Developments (PRDs), bulk plane regulations will not apply retroactively. For new PRDs in the future, the inclusion of bulk plane regulations will be assessed with each case. Where bulk plane applies, it can result in three possible design changes for two- and three-story homes: • it can force an increased setback, • it can force upper stories to step back further from the property line, and/or • it can force the roof to be peaked instead of flat. The degree to which bulk plane impacts design will depend on the underlying zoning. Six of the eight residential zone districts have a minimum 5-foot side setback, and in those districts the impact of bulk plane will be more pronounced. Bulk plane will have less of an impact in R-1 and R-1A where the setbacks are already larger at 15 and 10 feet, respectively. (Visualization of these impacts was provided in the meeting packet for the May 16, 2022 study session.) Based on feedback from a 2016 survey and from the Let’s Talk Resident Engagement Program, there is public support for expanded applicability of bulk plane. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard, on second reading, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 16-2022, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard, for the following reason(s) _________________.” Council Action Form – Residential Bulk Plane August 22, 2022 Page 4 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Ken Johnstone, Community Development Director Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2022 2. Planning Commission Minutes (July 7, 2022) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 16 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE IMPLEMENTATION OF A RESIDENTIAL BULK PLANE DEVELOPMENT STANDARD 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, in exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and WHEREAS, the Code currently applies bulk plane regulations to the R-1C and R-3 zone districts to control the massing of infill residential development; and WHEREAS, the Council recognizes that bulk plane regulations help to preserve neighborhood compatibility, privacy, and the adequate supply of light and air; and WHEREAS, the Council finds it appropriate to expand the applicability of bulk plane regulations to detached single-unit homes in all R-series residential zone districts. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: (remainder of page intentionally blank) ATTACHMENT 1 2 Section 1. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (f) from the cell within the third column to instead appear in the header of the third column, as follows: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 25% 12,500 sf 100' 30' (c) 15' 15' Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 25% 1 acre 200' 30' (c) 15' (e) 20' 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 unit, detached 25’ (f) Floor area limited to 50% of principal, or 1,000 sf, whichever is less N/A N/A 30’ (c) 15’ 15’ All Other Uses 35' 25% 12,500 sf 100' 30' (c) 5' (e) 15' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. 3 Section 2. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (f) from the cell within the third column to instead appear in the header of the third column, as follows: B. Development standards: Maximum Height (f) Maximum Building Coverage Minimum Lot Area Minimum Lot Width Minimum Front Yard Setback (a) Minimum Side Yard Setback (b) Minimum Rear Yard Setback (b) Principal Buildings Single detached dwelling 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Group home 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 30% 1 acre 200' 25’ (c) 15' (e) 20' 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, whichever 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 All Other Uses 35' 30% 9,000 sf 75' 25’ (c) 10' 15' Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story. (f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. 4 Section 3. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (h) from the cell within the third column to instead appear in the header of the third column, as follows: B. Development standards: Maximum Height (h) 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) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10' Group home 35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (g) 20' 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 All Other Uses 35' 40% 9,000 sf 60' 25’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. 5 Section 4. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat Ridge Code of Laws is amended by removing the references to footnote (f) from the cells within the table but retaining it in the header, 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) Principal Buildings Single detached dwelling 35' (f) 40% 5,000 sf 50' 20’ (d) 5' (f) 5’ (f) Group home 35' (f) 40% 5,000 sf 50' 20’ (d) 5' (f) 5' (f) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' (f) 40% 1 acre 200' 20’ (d) 15' (f) 20' (f) Accessory Buildings (e) Major 15' (f) 600 sf N/A N/A 20’ (d) 5' 5' 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 principal, or 1,000 sf, whichever is less N/A N/A 20’ (d) 5’ 5’ All Other Uses 35' (f) 40% 9,000 sf 60' 20’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) Bulk plane regulations shall apply in accordance with Section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. 6 Section 5. Section 26-209.B (Residential-Two District (R-2)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (h) from the cell within the third column to instead appear in the header of the third column: B. Development standards: Maximum Height (h) 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) Principal Buildings Single detached dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10' Duplex dwelling 35' 40% 12,500 sf 100' 25’ (d) 5' per story (e) 10' Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story (e) 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (g) 20' 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, whichever is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. 7 Section 6. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (i) from the cell within the third column to instead appear in the header of the third column: B. Development standards: Maximum Height (i) 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) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60’ 25’ (d) 5' (d) 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Multi-unit dwelling (3/more dwelling units) 35' 40% 13,050 sf (e) 100' 25’ (d) 5' per story 10' for one or two story buildings; 15' for three story Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (d) 15' (f) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (d) 5' 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, whichever is less N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For Corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26- 8 123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each dwelling unit for multifamily buildings. (f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. […] Section 7. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by removing references to footnote (i) from the cells within the table, removing erroneous references to footnote (h) from the cells within the table, adding reference to footnote (i) in the header, and revising footnote (i) as follows: B. Development standards: Maximum Height (i) 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) Principal Buildings Single detached dwelling 35' (h) 40% 7,500 sf 60' 25’ (e) 5' (h) 10' (h) Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling (3/more dwelling units) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ (e) 15' (c) 20' Accessory Buildings (g) Major 15' (i) 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height Minor 10' (i) 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, whichever is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height 9 Maximum Height (i) 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) All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply to all one-family dwelling primary and accessory buildings in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. […] Section 8. Section 26-212.B (Residential-Three A District (R-3A)) of the Wheat Ridge Code of Laws is amended by moving the reference to footnote (i) from the cell within the third column to instead appear in the header of the third column B. Development standards: Maximum Height (i) 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) Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10' Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' Multi-unit dwelling (3/more dwelling units) 35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c) Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10' 10 Maximum Height (i) 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) Churches, schools, government and quasi-government buildings, golf courses, small day care center, and nursing, elderly and congregate care homes 35' 40% 1 acre 200' 25’ 15' (c) 20' Accessory Buildings (g) Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 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, whichever is less N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10' Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories. (d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-family dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (f) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multifamily buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all standards of this section. See section 26-411.C regarding the required plat note for townhouse lots. (i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. […] 11 Section 9. Section 26-642.A.1 of the Wheat Ridge Code of Laws regarding the applicability of bulk plane is amended as follows: 1. Applicability. The bulk plane restrictions of this section shall apply to all properties zoned R-1, R-1A, R-1B, R-1C, R-2, R-2A, R-3, and R-3A for which a detached single-unit dwelling is the primary use. structures on a lot for which a building permit is applied for after the effective date of Ordinance No. 1613, Series 2016. The entirety of any building envelope shall be contained within the bulk plane, including the dwelling and all accessory structures, unless otherwise exempted by subsection 4. Section 10. 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 11. Effective Dates; Compliance Required. 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 25th day of July, 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 August 22, 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 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 22nd day of August 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. ________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk 12 Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: July 28, 2022 Second Publication: August 25, 2022 Effective Date: September 9, 2022 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes - 1 –July 7, 2022 PLANNING COMMISSION Minutes of Meeting July 7, 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 inperson and virtually, using Zoom video-teleconferencing technology. As duly announcedand publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related publicemergency orders promulgated by the State of Colorado and the Wheat Ridge CityCouncil. Before calling the meeting to order, the Chair stated the rules and proceduresnecessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Kristine Disney Jerry DiTullio Will Kerns Daniel Larson Janet Leo Julianne Stern (via Zoom) Commission Members Absent: Jonathan Schelke Staff Members Present: Lauren Mikulak, Planning Manager Jeff Hirt, Senior Neighborhood Planner Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner LARSON and seconded by Commissioner LEO toapprove the order of the agenda. Motion carried 7-0. 5.APPROVAL OF MINUTES – June 2, 2022 ATTACHMENT 2 Planning Commission Minutes - 2 – July 7, 2022 It was moved by Commissioner DITULLIO and seconded by Commissioner LARSON to approve the minutes of June 2, 2022, as written. Motion carried 5-0-2 with Commissioners KERNS and LARSON abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Vivian Vos, resident 6920 West 47th Place Ms. Vos gave a handout to the Commissioners regarding the upcoming Wheat Ridge Garden Tour which is a fundraiser for the Wheat Ridge Grange. She mentioned the event will take place on Saturday, July 23 and will cost $18 which includes visiting 6 gardens and a lunch stop. Tickets can be purchased at Pietra’s Pizzeria, All Seasons Holiday Market, www.wheatridgefoundation.org and the day of the event at The Grange. 7. PUBLIC HEARING A. Case No. ZOA-22-04: an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane. Ms. Mikulak gave a short presentation regarding the bulk plane ordinance. Commissioner DITULLIO agrees that bulk plane is a good tool between established neighborhoods and new development and thanks staff for bringing the ordinance forward. Commissioner KERNS asked if bulk plane will reduce density. Ms. Mikulak explained that bulk plane will not reduce the number of units in a development, it only impacts the design of a structure. In response to a question from Commissioner KERNS, Ms. Mikulak confirmed that this ordinance will only apply to existing single-family homes if an addition is done to an existing home. Commissioner LARSON asked for confirmation that bulk plane will apply in all residential zone districts. Ms. Mikulak confirmed this and said it will only apply to single-family homes in all zone districts. Commissioner LARSON asked why the Residential-Two (R-2) zone district was not included in the initial bulk plane ordinance. Planning Commission Minutes - 3 – July 7, 2022 Ms. Mikulak explained that in 2016 most properties that were redeveloping were in East Wheat Ridge where it is predominantly R-1C and R-3, so the bulk plane only applied to those two zone districts. She added that a number of people were neutral to the bulk plane idea during a 2016 survey and also possibly did not understand it at that time. Commissioner ANTOL asked how this ordinance will apply to Planned Developments. Ms. Mikulak mentioned that in Planned Developments the height and setbacks are all negotiated. Moving forward these developments will start with a baseline of the current zone district and incorporate the bulk plane because it will be a part of the baseline. Commissioner KERNS asked if the bulk plane graphics will be in the ordinance. Ms. Mikulak clarified that graphics already exist in the bulk plane section of the Code and added that handouts will also include graphics. Commissioner STERN inquired if there has been any push back from applicants in the R-1C or R-3 zone districts with regards to the bulk plane. Ms. Mikulak confirmed there has been no push back from architects or contractors in the last 5 years. Commissioner DITULLIO feels that bulk plane will help with in-fill developments. Public Forum No one wished to speak. It was moved by Commissioner DITULLIO and seconded by Commissioner LEO to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the implementation of a residential bulk plane development standard. Motion carries 7-0. Planning Commission Minutes - 4 – July 7, 2022 8. NEW BUSINESS A. Affordable Housing Strategy Update B. Amendment of Bylaws – Discussion to change meeting start time C. Upcoming Dates D. Project and Development Updates 9. OLD BUSINESS 10. ADJOURNMENT It was moved by Commissioner LEO and seconded by Commissioner KERNS to adjourn the meeting at 8:48 p.m. Motion carried 7-0. __________________________ _______________________________ Melissa Antol, Chair Tammy Odean, Recording Secretary ITEM NO: 3 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2022 - AN ORDINANCE AMENDING SECTION 21-30 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PERFORMANCE WARRANTY AND GUARANTEE FOR WORK IN PUBLIC RIGHTS-OF-WAY PUBLIC HEARING ORDINANCES FOR 1ST READING (08/22/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/12/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Chapter 21 of the Code of Laws, entitled Streets and Sidewalks, regulates all construction and operation in public rights-of-way (ROW). The Chapter was comprehensively revised in 2020. This ordinance amends the required warranty period for public improvements from three years to two years. This is sufficient for the City’s needs and is consistent with the requirements of many other Denver area cities. PRIOR ACTION: Chapter 21 was comprehensively amended in 2020. FINANCIAL IMPACT: No financial impact is anticipated with the proposed code change. BACKGROUND: Chapter 21 of the Code provides regulation and administration of construction and operation activities in public ways and public ROW, which includes any public street, alley, sidewalk, easement and any City-owned ROW or any other public property owned or controlled by the City CAF – ROW Performance Warranty and Guarantee August 22, 2022 Page 2 and dedicated to public use. These provisions generally apply to repair work in the public ROW, often associated with underground utility installation/repairs. Section 21-30 within Chapter 21 provides for performance guarantee and warranty for work in public ROW. Currently, Section 21- 30 requires a three (3) year warranty on such work. Many other cities only require two (2) year warranties. The subdivision regulations in Article IV of Chapter 26, allow the City to require security and obtain a warranty for new public improvements associated with subdivisions. The time period for these warranties is subject to the discretion of the Director of Community Development through recordation of a Subdivision Improvement Agreement. Past and current practice has been to obtain a 2-year warranty after initial acceptance. The proposed ordinance would align current practice in the subdivision regulations with the codified requirement in Chapter 21, pertaining to ROW permits. Reducing the City’s requirement to two years still addresses the City’s needs while reducing cost burden on private businesses. RECOMMENDATIONS: Staff recommends approving the attached ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 17-2022, an ordinance amending Section 21-30 of the Wheat Ridge Code of Laws concerning performance warranty and guarantee for work in public rights-of way, on first reading, ordered in published, public hearing set for Monday, September 12, 2022, at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 17-2022, an ordinance amending Section 21-30 of the Wheat Ridge Code of Laws concerning performance warranty and guarantee for work in public rights-of way for the following reason(s)___________________________________.” REPORT PREPARED/REVIEWED BY; Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 17-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 17 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING SECTION 21-30 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PERFORMANCE WARRANTY AND GUARANTEE FOR WORK IN THE PUBLIC RIGHTS-OF-WAY WHEREAS, the City of Wheat Ridge 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, In the exercise of this authority, the Council has previously adopted Code of Laws concerning streets and sidewalks; and WHEREAS, the Council finds it necessary to amend Code Section 21-30 to adjust the required warranty period for such work. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 21-30 is amended to read as follows: Sec. 21-30. - Performance warranty/guarantee. (a) Any warranty made hereunder shall serve as security for the performance of work necessary to repair the public rights-of-way if the permittee fails to make the necessary repairs or to complete the work under the permit. (b) The permittee, by acceptance of the permit, expressly warrants and guarantees complete performance of the work in a manner acceptable to the city and guarantees all work done for a period of TWO (2)three (3) years after the date of probationary acceptance and agrees to maintain upon demand and to make all necessary repairs during the TWOthree- year period. This warranty shall include all repairs and actions needed as a result of: (1) Defects in workmanship; (2) Settling of fills or excavations; (3) Any unauthorized deviations from the approved plans and specifications; (4) Failure to barricade; ATTACHMENT 1 (5) Failure to clean up during and after performance of the work; (6) Any other violation of this chapter or the ordinances of the city. (c) The TWOthree-year warranty period shall run from the date of the city's probationary acceptance of the work. If repairs are required during the TWOthree-year warranty period, those repairs need only be warranted until the end of the initial TWOthree-year period starting with the date of probationary acceptance. It is not necessary that a new TWOthree-year warranty be provided for subsequent repairs after probationary acceptance. (d) At any time prior to completion of the TWOthree-year warranty period, the city may notify the permittee, in writing, of any needed repairs. Such repairs shall be completed within twenty-four (24) hours if the defects are determined by the city to be an imminent danger to the public health, safety and welfare. Non-emergency repairs shall be completed within thirty (30) calendar days after such notice. (e) The warranty described in this section shall cover only those areas of work undertaken by a permittee and not directly impacted by the work of any other permittee or the city. In the event that a portion of work warranted by permittee is subsequently impacted by work of another permittee or the city during the warranty period, that other permittee or the city shall assume responsibility for repair to the subsequently impacted section of rights-of-way. 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 ___ to ___ on this 22nd day of August 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 September 12, 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 on that date due to 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: August 25, 2022 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND SUBSEQUENT PAYMENTS TO DAVID EVANS AND ASSOCIATES, DENVER, CO, IN AN AMOUNT NOT TO EXCEED $863,264 FOR PROFESSIONAL SERVICES TO COMPLETE THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR 32ND AND YOUNGFIELD STREET BICYCLE, PEDESTRIAN AND AESTHETIC IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: David Evans and Associates (DEA) was contracted to design a concept plan of aesthetic improvements along the Youngfield Street corridor, between roughly 28th and 40th. The work is complete and a new contract is needed to proceed to the next phase to start the final design of the corridor aesthetic improvements and prepare construction plans and specifications. The work will also include design documents for bike, pedestrian and aesthetic improvements for the 32nd Avenue underpass of I-70. The design work and subsequent construction is being funded by the Renewal Wheat Ridge bond. PRIOR ACTION: The City retained DEA to develop the conceptual design work on April 12, 2021. FINANCIAL IMPACT: Funding in the amount of $5 million is committed for this project in the Renewal Wheat Ridge Bond Fund. The proposed fee for these services is $863,264 and is included in the 2002 budget. Council Action Form – DEA Youngfield Corridor Contract August 22, 2022 Page 2 BACKGROUND: The Youngfield Street corridor, on either side of the I-70/32nd Avenue interchange, serves as a major entryway to the City at a major commercial node. This area is undergoing major redevelopment with the Clear Creek Crossing development on the west side of I-70 and redevelopment of the existing Applewood center on the east side. This corridor has been viewed for years as unattractive. The west side of Youngfield Street is within CDOT ROW and is generally not well maintained with no existing aesthetic elements. The proposed project, especially the aesthetic element, will focus on improving the west side of Youngfield Street and will include plantings to provide texture, color, and interest to the traveling public. Public art and other enhancements will be added to the corridor to further enhance city branding and identity by creating a unified gateway for the project area. From a multimodal perspective, bike and pedestrian accommodation on 32nd Avenue underneath I-70 was improved with a previous City project, but needs additional improvements, specifically, bike lanes do not exist under I-70 to serve this group of users. To respond to this need, a project that directly addresses this concern has been conceptually designed by Engineering staff. DEA was contracted by the City to prepare conceptual plans for the aesthetic enhancements along the Youngfield Street corridor from the eastbound off-ramps south of 32nd Avenue to the 40th Avenue underpass and is uniquely qualified to continue working on this project. They will complete the construction plans and obtain the necessary clearances from CDOT. Staff has determined that DEA is well suited to perform this task without the normal RFQ selection process for the following reasons: • DEA is very familiar with the project area due to their work on the conceptual plans. This will allow them to seamlessly continue the design and preparation of the construction plans. DEA has identified all the critical paths and has outlined strategies to overcome them. • Sole sourcing to DEA also eliminates the five or six months that it normally takes to go thru the formal RFQ selection process. This delay would use 1/3 of time that is available to complete the design while waiting for CDOT to finish the bridge reconstruction. This is a particular concern given the time constraints on the funding. • A new consultant that is unfamiliar with the project will need time to get familiar with the project and may miss key items in completing the design, working through the CDOT permitting process, including the likely environmental evaluation per federal guidelines. • DEA already knows specific CDOT contacts and other key stakeholders as they worked with them during the preparation of the conceptual plans. • DEA was the lead contractor on the Environmental Assessment and design of the I-70 and Kipling interchange. • DEA has the capabilities to incorporate the other elements for the project that weren’t included in the conceptual plan, i.e. the bike lane project that was designed by staff. The design contract is set up to provide two construction plan sets; one for the aesthetic elements and the other for bike lanes on 32nd Avenue from Clear Creek Drive to Wright Court. The contract is Council Action Form – DEA Youngfield Corridor Contract August 22, 2022 Page 3 anticipated to be amended at a later stage should staff determine if assistance is needed in the construction management phase. As for the bike lane improvements portion, Staff has prepared a TIP application for $890,000 for construction funding that was submitted to DRCOG in June. The JeffCo Forum approved this funding in early August and the DRCOG Board is expected to award the funding in late September. If awarded, the Urban Renewal funding that will be saved will be available for other projects/activities. The intent is to be positioned to begin construction soon after CDOT completes their bridge reconstruction. RECOMMENDATIONS: Staff has reviewed the project schedule and other project specific information prepared by DEA and recommends that they continue to advance this project towards construction as a sole source as they are most able to meet the challenges presented by this project as discussed above. With time as a critical factor for this particular project, DEA as a sole source will be able to deliver the project in a timely fashion to minimize potential project delivery mishaps. Staff recommends authorizing a contract amendment with DEA to complete the construction plans for the 32nd and Youngfield Street Bicycle, Pedestrian, and Aesthetic improvements. RECOMMENDED MOTION: “I move to award a contract and subsequent payments to David Evans and Associates, Denver, CO, in an amount not to exceed $863,264 for professional services to complete the construction plans and specifications for 32nd and Youngfield Street Bicycle, Pedestrian, and Aesthetic Improvements.” Or, “I move to deny awarding the contract and subsequent payments to David Evans and Associates, Denver, CO, in an amount not to exceed $863,264 for professional services to complete the construction plans and specifications for 32nd and Youngfield Street Bicycle, Pedestrian, and Aesthetic Improvements for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Project Manager Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Whitney Mugford-Smith, Procurement Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Youngfield Street Aesthetics Proposal and Fees 2. 32nd Avenue Multimodal Improvements Proposal and Fees 06.28.2022 1 SCOPE OF SERVICES City of Wheat Ridge: Youngfield Street Corridor Aesthetics Scope of Services: David Evans and Associates, Inc. (DEA) is pleased to submit this scope of services and fee to the City of Wheat Ridge (CLIENT) for the Youngfield Street Corridor Aesthetics Project (PROJECT). Our scope of services will build upon conceptual aesthetic designs completed during DEA’s previously completed I-70 Corridor Improvement Project, will identify and complete applicable Environmental and CDOT processes, and provide project management and meeting services for the PROJECT. As such, DEA has identified six (6) primary tasks associated with this project: • Task 1: Project Management, Meetings, and Consultant & Agency Coordination ($61,390) • Task 2: Public and Stakeholder Engagement ($49,938) • Task 3: Data Collection & Survey ($34,054) • Task 4: Environmental Processes & CDOT Permitting ($16,532) • Task 5: Pre-Design ($11,450) • Task 6: Preliminary 30% (FIR), Pre-Final 90% (FOR) and Final 100% Design Phase Services ($328,650) • Task 7: Bidding Assistance ($15,881) • Task 8: Construction Administration (TBD) • Task 9: Project Close-Out (TBD) • Sub-Consultants and Expense: ($184,011) This scope of services (SOS) has been developed to take conceptual designs completed in previous phases and evolve concepts into complete landscape designs ready for construction and implementation. Please see the Project Schedule Section for task timing, durations, and project milestones. Cadence and Schedule of Design Activities: Upon receiving NTP DEA will commence design work on northern portions of the project area. Allowing for construction to initiate in this area while CDOT constructs 32nd Avenue structures improvement. DEA will also focus on designing in additional areas prior to the 32nd Avenue area. These include the Youngfield on and off ramp locations. Task 1: Project Management, Meetings, and Consultant & Agency Coordination DEA will perform Project Management, Meeting, and Coordination activities to execute and facilitate completion of PROJECT tasks and to complete final designs. Specific elements and activities within this Task 1 include: Task 1.1 Project Management: • Preparation of meeting agendas, meeting notes, and follow-on action items • Preparation of monthly invoices and progress reports • Coordination and scheduling of meetings with the CLIENT, stakeholders, CDOT, and others as necessary ATTACHMENT 1 06.28.2022 2 Task 1.2 Meetings: • Twelve (12) monthly PROJECT coordination meetings between DEA and CLIENT • One (1) concept review meeting during the Task 5: Predesign • One (1) site/field visit with CLIENT to review Preliminary 30% FIR designs prior to submittal • Five (5) additional as-necessary meetings as project issues arise and as meetings are required • CDOT coordination meetings (6 total): o One (1) CDOT coordination meeting at project start to review and confirm aesthetic concepts from previous work, to review and confirm final 32nd Ave bridge designs, and to identify applicable CDOT and environmental processes o One (1) CDOT coordination meeting at 30% design (FIR) of aesthetics a for multi- jurisdictional review o One (1) CDOT coordination meeting at 95% (FOR) design of aesthetics for multi- jurisdictional review. o Three (3) additional as-necessary CDOT meetings for use during the design process and as project issues arise that require inter-jurisdictional coordination Task 1.3 Consultant and Agency Coordination • DEA internal coordination and meetings to complete PROJECT tasks • Five (5) additional meetings with subconsultants, utility providers, and/or other approving agencies as needed for the execution of the project. Task 1 Deliverables: • Agendas, notes, and follow-up action items for meetings and coordination activities • Monthly project invoices and progress reports Task 2: Public and Stakeholder Engagement DEA will perform Public and Stakeholder Engagement services to execute and facilitate completion of PROJECT tasks and to complete final designs. Specific elements and activities within this Task 2 include: Task 2.1 City Council Presentations: • Prepare for and attend two (2) CLIENT City Council study sessions: o One (1) early in the project to review aesthetic concepts developed during the project’s conceptual phase o One (1) at 30% design (FIR) to review both refined aesthetic improvements Task 2.2 Business Open House: • Prepare for and attend one (1) business outreach open house with Youngfield Corridor Businesses and stakeholders to review 30% (FIR) design of aesthetic improvements. o DEA will prepare an open house flyer advertisement to businesses adjacent to the project corridor for CLIENT distribution. o Prepare one (1) summary of comments received at the open house. Task 2.3 Public Engagement: • Up to two (2) public engagement points as outlined below. The format of the public engagement efforts will be determined prior to each point and could include informational blasts, pop-up booth/intercept event, or virtual public meetings. Each point will INFORM and pose direct questions to CONSULT regarding specific design aspects. o Early in the project to introduce the project and summarize relevant comments received during the Applewood Blitz. Present aesthetic concepts developed during the project’s conceptual phase. 06.28.2022 3 o At 30% (FIR) design to gather feedback regarding the preliminary design of aesthetic improvements. • Content for a project web page on "What’s Up Wheat Ridge" o DEA to develop a project logo and other branding to include a graphic banner heading, meeting agenda, notes, and summary templates, postcard and flyer template, PowerPoint presentation template, and memo template, using guidance from City Communications staff. o DEA to provide informational content for the web page once at project onset and updated information at two additional points during the project. Content will include a survey or comment form at each engagement point. • Public notices prepared prior to each public engagement point. DEA will provide the following content for CLIENT to post and distribute prior to each public engagement point: o One article to be used in the Wheat Ridge Connections quarterly mailer and Mayor’s Matters e-newsletter, and to become an email to the 34 community organizations and participants of the Applewood Blitz o One social media post to be posted to Next Door and Facebook o One postcard mailer to be printed and mailed by DEA to nearby property owners and tenants and businesses (only once at project onset, not included for 30% design). Assume mailing to up to 1,000 addresses. o Assumes CLIENT may also choose to use the information provided by DEA as noted above to create additional notices surrounding and between engagement points to provide information through all established city communication channels. • Project mailing list o DEA will prepare a project list of physical addresses of property owners and tenants for the postcard mailing using assessor’s data and CLIENT-provided tenant/business data. o CLIENT will maintain project emailing list, developed over time through responses to project notices by residents, property/business owners, and business tenants. • Public comment summaries o One public comment summary provided following each public engagement point. o Record of all correspondence with interested parties. Task 2 Assumptions: • DEA to lead development of presentation/materials and CLIENT to lead execution of presentation at City Council study session with DEA support. • DEA will lead the development of the Youngfield Corridor Business Open House display materials with support from the CLIENT. CLIENT will identify and secure venue. • CLIENT will post "What’s Up Wheat Ridge" content and distribute public notices (except the postcard, which DEA will distribute). • DEA will not be responsible for developing or maintaining a project emailing list. • DEA will be the project point of contact for engagement of businesses and community members and a CLIENT contact will also be listed on the project web page. Task 2 Deliverables: • Content and exhibits for City Council Study Sessions and meeting notes • Content and exhibits for Youngfield Business Open House event and comment summary • Content for What's Up Wheat Ridge project web page • Project notices as described above • Project mailing list • Public comment summaries 06.28.2022 4 Task 3: Data Collection & Survey DEA will perform data collection and survey activities to create a foundation to build upon for the pre-design task. Specific elements and activities of this task include: Task 3.1 Data Collection: DEA will coordinate with the CLIENT and CDOT to collect readily available project data at the on-set of the project, such as existing pavement reports, Geotech reports, drainage reports, and as-built drawings. • Obtain and conduct a review of readily available record drawings, existing studies, drainage reports, roadway plans, right-of-way information, and utility maps provided by the CLIENT. • One (1) site visit to review, photograph and document the existing conditions for validation of existing conditions. Task 3.2 Survey DEA will conduct survey tasks to obtain base-level information on existing topography, existing physical features, utility surface features and existing right-of-way (ROW) limits for Interstate 70 and Youngfield Street from 200 feet north of 40th Avenue on the north, to a point 100 feet south of the Youngfield Street intersection with the east bound Interstate 70 exit ramp. The topographic survey will extend from the centerline of Youngfield Street to the edge of asphalt on east bound Interstate 70. At the southerly end of the project the mapping area will expand to include the east side of Youngfield Street and the westerly part of the Taco Bell parking lot. The topographic survey area will extend west along West 32nd avenue to include the roadway and sidewalks underneath Interstate 70 to a point west of the Interstate 70 on and off ramps connecting to West 32nd Avenue. DEA will perform Survey activities to execute design tasks for the project and CLIENT • CDOT Coordination: DEA will coordinate with CDOT to acquire the permits required to perform our survey work within the Interstate 70 right-of-way. • Traffic Control: DEA will utilize the services of a Traffic Control subcontractor to provide traffic control services to allow our survey crew to safely work within Youngfield Street. • Survey Control: DEA will establish a network of control monuments bracketing the project area in conformance with the instructions contained in the City of Wheat Ridge Datum Conversion information & Procedure, dated May 19, 2017. • Topographic / Planimetric Survey: DEA will utilize conventional ground survey methods to accurately acquire the existing conditions. Planimetric features will be mapped in the project area and sufficient ground shots will be acquired to generate a DTM and 1-foot topographic mapping o DEA will develop a Topographic CAD base file in Civil 3D format of the planimetrics including but not limited to edge of asphalt, sidewalks, road striping, signage, landscaping, driveways, culverts, ditches, storm sewers, surface evidence of buried utilities, fences, structures, and overhead utilities. • Interstate 70 right-of-way determination: DEA will research CDOT records to acquire right-of-way acquisition plans for Interstate 70 within the project area. o DEA will perform a sufficient search for the monuments controlling the right-of-way line of east bound Interstate 70. The right-of-way line will be determined from the CDOT plans and recovered monumentation. The existing right-of-way line will be drafted and incorporated into the Topographic CAD base file. 06.28.2022 5 Task 3 Assumptions • CLIENT will provide available data and studies related to the study area Task 3 Deliverables • Existing conditions memo to summarize current conditions, including available data from the CLIENT as well as additional information collected as part of this project; Planimetric / Topographic CAD base map. • Topographic map of the existing conditions in Civil 3D format Task 4: Environmental Processes & CDOT Permitting Work within CDOT right-of-way typically requires obtaining a permit through the CDOT Region 1 Access Permit Office. The permits typically require environmental clearance utilizing CDOT’s Form 128. DEA anticipates the project would require a condensed biological resources report and potentially a historic property search using the State of Colorado’s Compass database. An initial meeting with CDOT will occur upon notice-to-proceed to establish the requirements for submittal in addition to the permit application (CDOT Form 137) and environmental memos. The process can be completed during final design and should not negatively impact the overall project schedule. Prepare CDOT ROW Permit for City submittal as guided by CDOT Clearances discussion. Task 4 Assumptions • No waters of the US or historic properties are present within the study area Task 4 Deliverables • Abbreviated Biological Resources Report • Compass Database Results • Environmental Summary Memo Task 5: Pre-Design Predesign will be used to identify criteria and further develop concepts from the conceptual plan prior to full design in Task 6. Specific elements and activities of this task include: Task 5.1 Define Design Criteria DEA will review applicable standards (CDOT, CLIENT) and prepare a design criteria document for review and approval by the CLIENT and CDOT that will be applied in the design process. Task 6: Preliminary 30% (FIR), Pre-Final 90% (FOR) and Final 100% Design Phase Services DEA will prepare preliminary 30% (FIR), 90% (FOR) and final 100% design plans for the proposed areas identified in the Wheat Ridge Corridor Master Plan. The design will conform and adhere to standards identified during pre-design. All plan sheets are assumed to be 11”x17” (easily scaled to 22” x 34”) and will be completed in AutoCAD Civil 3D 2019, or latest accepted version. Site Locations: A brief description of the improvements at each site location can be found below (each is referenced by distinct disciplines throughout the remainder of this Task): 1. I-70/EB Youngfield Off Ramp Improvements: The preliminary concept highlights landscape improvements on both sides of the off ramp which include grading / drainage improvements, planting and irrigation, new hardscape, and a lighted monument sign. 06.28.2022 6 2. Youngfield Frontage Improvements at Taco Bell: The preliminary concept includes landscape modifications along the Youngfield frontage at Taco Bell, primarily consisting of planting and irrigation improvements. 3. 32nd Avenue Bicycle and Pedestrian Improvements (work for this location covered in separate scope and fee) 4. 32nd Avenue Interchange Improvements: The preliminary concept highlights landscape improvements on the southwest and northwest quadrants of Youngfield at 32nd Avenue and includes the removal of concrete hardscape on slopes, wall aesthetics, planting and irrigation improvements, custom lighted monuments, and intersection improvements within the crosswalk. 5. 32nd Avenue Bridge Improvements (Column and Barrier Treatment): The preliminary concept highlights painted column and barrier treatment per the Corridor Master Plan. 6. EB On-Ramp Improvements at Youngfield: The preliminary concept highlights landscape improvements on the southwest and northwest quadrants of the NB I-70 on-ramp at Youngfield and includes demolition, minor grading and drainage, & planting and irrigation improvements. 7. Corridor Fencing: The preliminary concept includes custom fencing and decorative panels along the west side of Youngfield from the I-70 on-ramp to 40th Avenue. 8. 40th Avenue Interchange Improvements: The preliminary design highlights landscape improvements on the southwest and northwest quadrants of Youngfield at 40th Avenue and includes grading and drainage, cleaning / painting of the existing retaining wall, planting and irrigation improvements, hardscape improvements, custom lighted monument on the northwest quadrant, and intersection improvements within the crosswalk. Discipline Specific Activities: The following provides an outline of Task-specific design activities by discipline. Following this discipline-specific section, deliverables and activities are described. Landscape Architecture Design Site / Construction Plan DEA landscape architects will provide a site plan for the proposed items of construction. This plan will designate features of the proposed project including placement, detail references, material callouts, general construction notes, and specific elements of the overall design which are necessary for the proper construction of proposed items. • Anticipated to be included in the following site locations: 1, 2, 3, 4, 5, 6, 7, 8 Planting Plan Plans will include a plant legend indicating trees, shrubs, and ground covers in addition to information regarding the placement of materials such as decomposed granite, mulch and boulders. The legend will indicate the botanical and common names, quantity, size, and remarks (such as variety and staking procedure). The plans will provide an appropriate palette utilizing sustainable landscape materials including CLIENT and CDOT approved plants. • Anticipated to be included in the following site locations: 1, 2, 4, 6, 7, 8 Irrigation Plan 06.28.2022 7 The irrigation plans will provide the necessary information for a complete and fully automatic irrigation system for the proposed improvements. The plans will indicate the point of connection based upon agency requirements, backflow prevention and pressure regulation (as necessary), and equipment size and type in the irrigation legend. “Smart” Water Application Technologies (SWAT) will be utilized. Flow monitors, moisture sensors, and ET based controllers will be implemented. We also anticipate providing the following information: • Prepare water usage calculations (MAWA and ETWU) • Provide water efficient landscape worksheet and hydrozone table for each remote-control valve • Obtain horticultural soils report (Agronomic data) based on soil samples obtained from site • Provide irrigation run time schedule based on soil type • Rain and wind sensors will be added in addition to WUCOLS water use classifications • Anticipated to be included in the following site locations: 1, 2, 4, 6, 7, 8 Gateway Pavement Enhancements • DEA will work with the CLIENT to understand types of decorative improvements desired. Some of the improvements being considered are enhanced high visibility crosswalks, textured pavements, and inlaid logos • Anticipated to be included in the following site locations: 1, 4, 6, 8 Column, Bridge Barrier and Fencing Plans (CDOT) Barrier treatment such as painted words or CLIENT logos in addition to custom fencing will be provided for review and approval. The design shall be the same or similar to the design featured in the Corridor Master Plan. Fencing foundations will be general standard fencing foundations unless fencing includes non-standard fence posts/panels. Non-standard fence posts/panels will be spread footings designed in accordance with AASHTO, CDOT and IBC standards and requires as applicable. • Anticipated to be included in the following site locations: 4 and 8 Wall Treatment Improvement Plans DEA will prepare construction details for the wall treatment (logo per master plan booklet) as well as to provide a specification for wall cleaning at 40th St. • Anticipated to be included in the following site locations: 4 and 8 Monument Sign and Gateways During Preliminary 30% (FOR) Design (1, 4, 7 and 8) • Work with the design team and CLIENT staff to determine copy and messaging for signage. • Working over site plans, determine and locate signage elements. Establish preliminary sign locations and typical messages. • Provide research of other similar signage that may be relevant. • Prepare and present up to three concept design directions for review with project team. Presentation to include signage studies incorporated into DEA renderings. • 2-3 rounds of design refinements of the preferred design into final design recommendation. • Attend (virtual) coordination meetings – three meetings are assumed. During Pre-Final 90% (FOR) Design Development (1, 4, 7 and 8) • Based on comments received in Concept Design, refine conceptual designs into final • design direction. • Select colors and materials for each element. • Develop designs three-dimensionally. 06.28.2022 8 • Determine illumination for signs, if applicable. • Prepare preliminary cost estimate of signage elements. • Prepare DD drawings, location plans and specifications. • Provide 3D Sketch-up model of vertical element “B” • Attend (virtual) coordination meetings – three meetings are assumed. During Final 100 % Design / Construction Drawings (1, 4, 7 and 8) • Prepare design-intent drawings and specifications necessary for bidding the fabrication and installation of the signage and graphics elements. • Prepare final sign location plans • Specifications • Review planning and designs with design team and CLIENT at appropriate milestones • during CD phase. • Attend (virtual) coordination meetings – three meetings are assumed. Landscape Architecture Deliverables: 30% (FIR), Pre-Final 90% (FOR) and Final 100% Design • Conceptual design package for fence panels, gateways and monumentation • 30%, 90% and 100% plans for: • Construction / Site Plan • Planting Plans • Irrigation Plans • Gateway Pavement enhancements • Column, Bridge barrier and Fencing Plans • Wall Treatment Improvement Plans • Monument Signs and Gateways Civil, Grading and Drainage Design In the preliminary design phase, DEA will uncover any critical issues related to the horizontal and vertical elements of the proposed improvements, as well as any major utility impacts that may impact the design. Some of the anticipated tasks and design elements we intend to evaluate are the following: • Required removal and resets • Sight distance and visibility constraints for both vehicular and pedestrian users • Existing drainage patterns and potential impacts • Preliminary grading • Impacts of landscape restoration and civil improvements • Anticipated to be included in the following site locations: 1, 2, 3, 4, 6 and 8 Subsurface Utility Engineering (SUE) This project requires Subsurface Utility Engineering (SUE) under the requirements of CRS 9-1.5. Goodbee will perform SUE services in accordance with CRS 9-1.5 and the recommended practices and procedures described in ASCE publication CI/ASCE 38-02 “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”. SUE investigations will include the following: • Collect utility records (QL-D) for project corridor. • To accommodate proposed excavation over 2’ deep or boring, SUE Q-B geophysical investigations “designating” will be completed for site locations: 1, 2, 3, 4, 6 and 8, as noted in the exhibit below. • Up to 10 QL-A test holes will be completed to confirm specific horizontal depth of select utilities, if needed for design at sites 1 and 8. 06.28.2022 9 • Draft SUE plan and 2-D AutoCAD file containing the horizontal locations of utilities, ownership, type, size, and special conditions of the line confirmed during investigations will be provided after QL-B investigations (concurrent with 30% FIR) • Final sealed SUE plan will be provided after QL-A investigations (prior to 90% FOR) • Note that utility contact list provided on SUE Plans will include the mapping contacts while utility company design contacts will be identified as part of utility coordination process. • Goodbee's SUE Surveyor will collect visible utility features associated with SUE markings, including ground-level and invert elevations. Goodbee SUE will not collect data on overhead wires and utility poles, open channels, open-air culverts, irrigation ditches, or landscape irrigation, as it is assumed those are collected as part of project topographic survey. • It is assumed that the project surveyor/ROW lead will provide project survey control, topographic survey including surface utility features, and recorded utility easements identified in Schedule 2B. • 3D utility model and stand-alone SUE report is excluded from this scope of work. Utility Coordination and Relocation Design Based on the proposed design and existing utilities identified during SUE investigations, Goodbee will evaluate and summarize potential conflicts in a utility impact matrix and recommend test hole locations. Goodbee will inform affected utility owners about the proposed project and facilitate one-on-one meetings with affected utilities to resolve utility conflicts. The coordination from these meetings will be reflected in: • Meeting minutes • Prepare FIR (30%), Pre-Final FOR (90%), 100%, and PS&E utility relocation plans and utility special provisions for sites 1, 2, 3, 4, 6 and 8. Distribute plans to utility owners and attend review meetings. • Develop draft and final utility notification/agreement letters for review and signature by Wheat Ridge • Prepare CDOT utility package for R1 Utility clearance review. • Water and sanitary sewer relocation utility relocation design excluded, as it is assumed that improvements will be designed to avoid impacts to these facilities. Electrical and Lighting Plan Design Electrical and lighting plans will be developed to support future aesthetic improvements. This scope of work includes: • Youngfield St. offramp: - Landscape lighting - Monument sign • 32nd Avenue underpass - Decorative pedestrian lighting  Upgrade existing  Dark-sky friendly practices - Pedestrian underpass 06.28.2022 10  Remove existing pedestrian poles  Replacement lighting - Landscape lighting - Vertical decorative focal point gateway monuments illumination (up to 2) - Wheat Ridge logo illumination • 40th Avenue underpass - Landscape lighting • Decorative panel illumination along fence line Structural and Construction Details and Monument Sign Structural Calculations DEA will prepare construction details for the monument signs and hardscape elements. DEA will perform design of the monument signs and foundations in accordance with AASHTO, CDOT, and IBC standards and requirements as applicable. DEA will review spread footing and drilled shaft foundations for monument signs with the CLIENT prior to starting final design of the monument signs and foundations. DEA will provide details for hardscape elements in following CDOT and CLIENT standard details. DEA assumes no design is required of hardscape elements. For the gateway monuments at Site 4, the monument is located above a CDOT-owned MSE retaining wall. DEA excludes review of the existing MSE wall for loading due to the new monument. DEA will design and detail the monument on deep foundations and will isolate the foundations from the MSE wall and fill. To obtain approval from CDOT, DEA will provide a brief memo to the City and CDOT on the methodology of the isolation, details, and overall justification on why the MSE wall will not be impacted by the new monument. A detailed analysis of the retaining wall, wall design, straps, facing, etc. is excluded from the scope of work. For the landscaping on the MSE wall in the area of Site 4, DEA will review the drainage of the MSE wall per as-builts provided by CDOT or the City to determine impacts of irrigation on the MSE wall. DEA will provide details in the landscaping plans to protect the MSE wall from the irrigation system/water assuming a geofabric separation that directs water to the existing MSE wall drainage is required only. Additional details or systems to protect the wall are excluded from the scope. • Anticipated to be included in the following site locations: 1, 4, and 8 Geotechnical Investigation and Report A geotechnical investigation is required along Youngfield Street for a corridor improvements project. The project is located south of I-70 in Wheat Ridge, Colorado. The project will include four new monuments/signs that will require shallow and deep foundation design parameters. The project also includes new fencing and possible repairs to an existing block MSE wall, but geotechnical explorations are not required for those aspects of the project.  Anticipated to be included in the following site locations: 1, 4 and 9. 06.28.2022 11 Geotechnical Field Investigation: Shannon & Wilson will coordinate and observe a field exploration program consisting of drilling four borings (SW-01 through SW-04) as shown in Exhibit 1 and Exhibit 2. hree of the borings (SW- 01, SW-02, and SW-03) will be drilled within travel lanes of Youngfield Street, requiring traffic control. Boring SW-04 will be drilled in the grassy shoulder between Youngfield Street and I-70, but traffic control will still be required for safe access and egress. Borings SW-02 and SW-03 will be drilled adjacent to a retaining wall associated with I-70. We are unable to drill within the retaining wall due to access and slope constraints; for this reason, the proposed boring depth was reduced from the 40 feet indicated by DEA to 30 feet. We assume the retaining walls are constructed with structural fill and geosynthetic reinforcement. Final boring locations will be as determined by utilities and other site constraints. The scope of work for our field investigation includes the following tasks: • Prior to drilling, Shannon & Wilson will call the Utility Notification Center of Colorado to locate utilities. We will meet with individual utility locators on-site as required. • Shannon & Wilson will obtain a Right-of-Way Construction Permit from the CLIENT for each boring. • Shannon & Wilson will obtain a Special Use Permit from CDOT for boring SW-04 as required. • The borings will be drilled using a truck-mounted drill rig supplied and operated by a drilling contractor under subcontract to Shannon & Wilson. • Shannon & Wilson will arrange for traffic control. • Sampling will be conducted on approximately 2-1/2-foot to 5-foot intervals using the Standard Penetration Test (SPT), in general accordance with ASTM D-1586. Occasional larger-diameter drive samples using a modified California-barrel sampler may also be collected. 06.28.2022 12 • Pavement will be cored, and pavement thickness will be measured in the borings. • A geologist or geotechnical engineer will observe the drilling and prepare a descriptive field log of the explorations based on ASTM D 2487, Standard Test Method for Classification of Soil for Engineering Purposes, and ASTM D 2488, Standard Recommended Practice for Description of Soils (Visual-Manual Procedure). • Upon completion of drilling, groundwater levels will be measured and then the boreholes will be backfilled with flow fill. • The roadway surface will be repaired with hot patch asphalt. • Shannon & Wilson will transport the geotechnical samples back to our in-house laboratory for further observation and laboratory testing. Depending on the lithology of the materials encountered, tests may include natural moisture content, grain size distribution, Atterberg limits, swell/consolidation, and corrosion. Engineering Design and Reporting Data generated during the subsurface exploration and laboratory testing programs will be analyzed by a geotechnical engineer. We have assumed that both shallow and deep foundations will be considered. Our findings and recommendations will be presented in a geotechnical report. The report will include: • A site plan showing the exploration locations. • Field and laboratory test results, including logs of the geotechnical borings. • General description of subsurface soil/rock conditions and groundwater levels below the site. • Geotechnical recommendations for the spread footings and drilled shafts for sign/monument foundations, including allowable bearing pressure, sliding resistance, and LPILE parameters. Construction considerations pertinent to earthwork construction, including subgrade preparation and drilled shaft installation. Geotechnical Assumptions: • Work hours for field work are assumed to be from 0900 to 1530, based on our previous experience with CLIENT permits. • The permit fees will be waived. • Ground conditions are suitable for drilling using hollow-stem auger techniques. • No rock coring will be performed. • No environmental field screening or sampling will be performed. • Cuttings and groundwater generated during drilling are not contaminated, are non-hazardous, and will not require disposal as hazardous materials. No waste profiling of investigative derived waste will be performed. • The boring location coordinates will be collected using a handheld GPS receiving unit. Shannon & Wilson will stake/paint the boring locations to facilitate surveying by others if requested. • Potholing, if required, will be performed by others. • Shannon & Wilson will not attend any meetings. • We assume the field work will be completed during calendar year 2022. Task 6: Subtasks Descriptions: Activities and deliverables for Preliminary 30% (FIR), Pre-Final 90% (FOR) and Final 100% Design are described below. Phase Services shall include the following: • One submittal • Quality control • Up to two design meetings via teleconference • Integrate comments from previous review Task 6.1 Preliminary Design 30% (FIR) After the CLIENT confirms the concept design, DEA will complete 30% (FIR) design plans and opinion of probable construction cost (OPCC). Plans will include the following sheets: • Title Sheet 06.28.2022 13 • General Notes • CDOT M&S Standards Plans List Sheet • Removal Plan • Landscape Construction Plans including Monument and Gateway Plans • Planting Plan • Irrigation Plan • Electrical / Lighting Plans • Drainage and Grading Plan • Draft SUE Plan (including SUE QL-B existing utilities) • Utility Relocation Plan Plans and OPCC will be submitted to Wheat Ridge and CDOT for review and comment. A plan review meeting will be conducted as described in Task 1. Comments received will be summarized, resolved, and incorporated into 90% design plans. Task 6.1 Deliverables: • 30% (FIR) Plans • 30% (FIR) Opinion of Probable Construction Cost Estimate • 30% (FIR) Drainage Memorandum • 30% (FIR) Comment resolution matrix 6.3 Pre-Final Design 90% Plans, Specifications and Opinion of Probable Construction Cost (PS&E) After resolution of comments and acceptance of 30 (FIR)% design plans, DEA will complete pre-final design 90% plans, specifications and OPCC. 90% plans, specifications and OPCC will be submitted to CCD for review and comment. Task 6.3 Deliverables: • Pre-Final 90% Design Plans (based on 30% sheet index) • Pre-Final 90% Drainage Report • Pre-Final 90% Specifications • Pre-Final 90% OPCC 6.4 Final Design 100% Plans, Specifications and Opinion of Probable Construction Cost (PS&E) After resolution of comments and acceptance of pre-final 95% design plans, DEA will complete final design 100% plans, specifications and OPCC. 100% plans, specifications and OPCC will be submitted to CCD for inclusion in the advertisement bid package. Task 6.4 Deliverables: • Final 100% Design Plans (based on 90% sheet index) • Final 100% Drainage Report • Final 100% Specifications • Final 100% OPCC Task 7: Bidding Assistance: • Prepare electronic copies of the plans and specs for bidding as one project or as in phases • Prepare responses to Bidder questions for distribution by City. • Prepare documents, if required, for addenda for City distribution. Task 7. Deliverables: • Bidding plans 06.28.2022 14 • Grant materials • Responses to contractor questions Task 8: Construction Administration • Attend preconstruction conference. • Prepare change orders, as needed, for City issuance after preconstruction conference. • Prepare contractor RFI responses. (Assume 6) • Maintain material submittal log. • Review and approve shop drawings and material submittals. Task 8. Deliverables: • Material submittal log • RFI responses • Change orders authorizing construction administration Task 9: Project Close-Out • Coordinate with City to obtain record information from field representatives. • Prepare record drawings. • Drawing edits will be annotation only Task 9. Deliverables: • Final deliverable will be CAD files delivered to the City. As‐built survey, record drawings and as‐builts drawings 08.08.2022 1 SCOPE OF SERVICES City of Wheat Ridge: 32nd Avenue Multimodal Improvements Scope of Services: David Evans and Associates, Inc. (DEA) is pleased to submit this scope of services and fee to the City of Wheat Ridge (CLIENT) for the 32nd Avenue Multimodal Improvements Project (PROJECT). Our scope of services will follow the CLIENT’s multimodal improvement concepts for 32nd Avenue as represented by the 32nd Ave Draft Concept Plan 5-19-2020.pdf, and provide project management and meeting services for the PROJECT. As such, DEA has identified seven (7) primary tasks associated with this project: • Task 1: Project Management, Meetings, and Consultant & Agency Coordination ($11,168) • Task 2: Public and Stakeholder Engagement (See Youngfield Street Corridor Aesthetics Scope) • Task 3: Data Collection ($6,490) • Task 4: Environmental Processes & CDOT Permitting (See Youngfield Street Corridor Aesthetics Scope) • Task 5: Pre-Design ($4,248) • Task 6: Preliminary 30% (FIR), Pre-Final 90% (FOR) and Final 100% Design Phase Services ($132,730) • Task 7: Bidding Assistance ($6,522) • Task 8: Construction Administration (See Youngfield Street Corridor Aesthetics Scope) • Task 9: Project Close-Out (See Youngfield Street Corridor Aesthetics Scope) This scope of services (SOS) has been developed to take conceptual designs completed in previous phases and evolve concepts into transportation engineering designs ready for construction and implementation. Please see the Project Schedule Section for task timing, durations, and project milestones. Cadence and Schedule of Design Activities: Upon receiving NTP DEA will commence design work based on current CLIENT concepts and completion of the CDOT improvements in the area. Task 1: Project Management, Meetings, and Consultant & Agency Coordination DEA will perform Project Management, Meeting, and Coordination activities to execute and facilitate completion of PROJECT tasks and to complete final designs. Specific elements and activities within this Task 1 include: Task 1.1 Project Management: • Preparation of meeting agendas, meeting notes, and follow-on action items • Preparation of monthly invoices and progress reports • Coordination and scheduling of meetings with the CLIENT, stakeholders, CDOT, and others as necessary ATTACHMENT 2 08.08.2022 2 Task 1.2 Meetings: • Twelve (12) monthly PROJECT coordination meetings between DEA and CLIENT • Two (2) additional as-necessary meetings as project issues arise and as meetings are required • CDOT coordination meetings (2 total): o One (1) CDOT coordination meeting at 30% design (FIR) pedestrian and bicycle improvements for multi-jurisdictional review o One (1) CDOT coordination meeting at 90% (FOR) and pedestrian and bicycle improvements for multi-jurisdictional review. Task 1.3 Consultant and Agency Coordination • DEA internal coordination and meetings to complete PROJECT tasks Task 1 Deliverables: • Agendas, notes, and follow-up action items for meetings and coordination activities • Monthly project invoices and progress reports Task 3: Data Collection Task 3.1 Data Collection: DEA will coordinate with the CLIENT and CDOT to collect readily available project data at the on-set of the project, such as existing pavement reports, Geotech reports, drainage reports, and as-built drawings. • Obtain and conduct a review of readily available record drawings, existing studies, drainage reports, roadway plans, right-of-way information, and utility maps provided by the CLIENT. • One (1) site visit to review, photograph and document the existing conditions for validation of existing conditions. Task 3.2 Survey Collection: Curb-to-curb width measurements will be collected at up to 20 locations along the 32nd Ave corridor (not under Interstate 70). Assumptions: • Survey data collection underneath Interstate 70 is included within the Youngfield Street Corridor Aesthetics Scope of Work. • Assume work will take place at the same time as the work described within the Youngfield Street Corridor Aesthetics Scope of Work. • Assume will utilize the survey control established through the Youngfield Street Corridor Aesthetics Scope of Work. • Traffic counts will not be collected. Task 5: Pre-Design Task 5.1 Define Design Criteria DEA will review applicable standards (CDOT, CLIENT, AASHTO, ADA and MUTCD) and prepare a design criteria document for review and approval by the CLIENT and CDOT that will be applied in the design process. Design variance memo will be prepared as necessary. Task 6: Preliminary 30% (FIR), Pre-Final 90% (FOR) and Final 100% (Advertisement) Design Phase Services DEA will prepare preliminary 30% (FIR), 90% (FOR) and final 100% design plans for the study area. The design will conform and adhere to standards identified during pre-design. All plan sheets are assumed to be 11”x17” PDFs (easily scaled to 22” x 34”) and will be completed in AutoCAD Civil 3D 2019, or latest accepted version. 08.08.2022 3 Site Location: A brief description of the improvements at 32nd Avenue can be found below: 32nd Avenue Bicycle and Pedestrian Improvements: The CLIENT'S conceptual plan shows bike lanes will be added in each direction for the entire extent of the project area. Extents for this portion of the study will extend from Wright Court on the east to Zinnia Court on the west. This new connection fills a gap in the bike network, where there are bike facilities to the east and west of the study area. The sidewalk and curb line on the south side of 32nd under the I-70 bridges (from WB on-ramp to Youngfield Street) is expected to be removed and replaced to accommodate the addition of an on-street bike lane. North curb line will remain in place and lane configuration will be assessed based on existing curb lines remaining in place. Bike detection will be added along 32nd Avenue for three signals. To accommodate the on-street bike lanes, the travel lanes will require some width modifications which will be reviewed and approved by CLIENT as part of Task 6. Roadway design (south curb line only), drainage design (related to curb line modification only), signing and striping, construction traffic control/detour plans and minor signal modifications are included in this scope of work. Task 6.1 Preliminary Design 30% (FIR) After the CLIENT confirms the concept design, DEA will complete 30% (FIR) design plans and opinion of probable construction cost (OPCC). Plans will include the following sheets: • Title Sheet • General Notes • Typical Sections • Removal Plan • Roadway Plan • Drainage Plan • Signing and Striping Plan • Minor Signal Modifications Plans and OPCC will be submitted to Wheat Ridge and CDOT for review and comment. A plan review meeting will be conducted as described in Task 1. Comments received will be summarized, resolved, and incorporated into 90% design plans. Task 6.1 Deliverables: • 30% (FIR) Plans • 30% (FIR) Drainage Memorandum • 30% (FIR) Opinion of Probable Construction Cost Estimate • 30% (FIR) Comment resolution matrix 6.2 Pre-Final Design 90% Plans and Opinion of Probable Construction Cost (PS&E) After resolution of comments and acceptance of 30% (FIR) design plans, DEA will complete pre-final design 90% plans and OPCC. 90% plans, and OPCC will be submitted to CLIENT for review and comment. CLIENT will prepare project specifications. After the CLIENT confirms the concept design, DEA will complete pre-final 90% (FOR) design plans and opinion of probable construction cost (OPCC). Plans will include the following sheets: • Title Sheet • General Notes • Geometric Layout • Typical Sections • Survey Control Plan (plan to be completed as part of separate task order) 08.08.2022 4 • Summary of Approximate Quantities • Tabulation of Quantities • Removal Plan • Roadway Plan and Profile • Drainage Plan • Drainage Profiles • Construction Details • Signing and Striping Plan • Minor Signal Modifications • Construction Phasing and Traffic Control Plan for Vehicles, Pedestrians, and Bicyclists Plans and OPCC will be submitted to Wheat Ridge and CDOT for review and comment. A plan review meeting will be conducted as described in Task 1. Comments received will be summarized, resolved, and incorporated into 100% design plans. Task 6.2 Deliverables: • Pre-Final 90% Design Plans (based on 30% sheet index) • Pre-Final 90% Drainage Memorandum • Pre-Final 90% OPCC 6.3 Final Design 100% (Advertisement) Plans and Opinion of Probable Construction Cost (PS&E) After resolution of comments and acceptance of pre-final 90% design plans, DEA will complete final design 100% plans and OPCC. 100% plans, and OPCC will be submitted to CLIENT for inclusion in the advertisement bid package. CLIENT will prepare project specifications. Task 6.3 Deliverables: • Final 100% Design Plans (based on 90% sheet index) • Final 100% Drainage Memorandum • Final 100% OPCC Task 6 Assumptions: • Assume that existing north curb line will remain in place, and no storm sewer revisions are included. • Assume that south curb line will be moved as part of this project and storm sewer revisions will be considered. It is assumed that there are no modifications to the existing retaining walls on the south side of 32nd. • Assume redesign of curb ramp located at the southwest corner of 32nd and Youngfield. • Assume all other existing curb ramps remain in place. • Assume minor signal work is limited to signal head placement, detection modifications, and timing modifications. Bike detection will be added to three signals. Excludes detailed quantities, costs, and electrical/ITS design for detection. • Assume that the Drainage Memorandum analyzes conditions related to curb line modification only. Task 7: Bidding Assistance Bidding assistance will be provided up to the budget specified in the attached fee. • Provide electronic copies of the 100% advertisement plans and OPCC for bidding. • Incorporate advertisement comments into 100% plans and deliver For Construction Plan. • Prepare responses to 10 (ten) Bidder questions for distribution by THE CLIENT. • Support preparation for addendum for CLIENT distribution. 08.08.2022 5 Task 7 Deliverables: • Construction plans • Bidder questions (10) • Addendum (1) Task 7 Assumptions: • CLIENT to prepare/compile bid package and all contract documents. ITEM NO: 5 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN AMENDMENT TO A CONTRACT WITH SHORT ELLIOT HENDRICKSON, INC., DENVER, CO, AND SUBSEQUENT PAYMENTS, FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $120,823.08 FOR A TOTAL OF $713,682.02 FOR PROFESSIONAL SERVICES TO COMPLETE THE CONSTRUCTION PLANS AND SPECIFICATIONS FOR WHEAT RIDGE · WARD STATION PEDESTRIAN BRIDGE, PLAZAS, AND TRAIL IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ ______________________________ Community Development Director City Manager ISSUE: Short Elliot Hendrickson, Inc. (SEH) was contracted to perform design services for the pedestrian bridge, plazas, and trail improvements at the Wheat Ridge · Ward Station area in 2019 that were then suspended in 2020 to divert funding to the Clear Creek Crossing access ramp project. An amendment was executed in early 2022 to restart the project, using Renewal Wheat Ridge bond funding. The JeffCo Subregional Forum approved funding for this project in early August and the DRCOG Board is expected to award the funding in late September. Because this additional funding is from the federal government, an amendment to task order #5 of the contract with SEH needs to be approved for the additional tasks related to completing this project following the federal process. Council Action Form – SEH Contract Amendment #2 August 22, 2022 Page 2 PRIOR ACTION: Council originally awarded a contract to SEH on June 24, 2019 for $555,877.41 to complete the design for the pedestrian bridge, plazas, and trail improvements at the Wheat Ridge Ward Station area. That contract was temporarily suspended in 2020 to divert 2E bond funding to complete the Clear Creek Crossing I-70 hook ramps. Council awarded a contract amendment to SEH on January 24, 2022 with a new contract amount of $592,858.94 to restart the design for the pedestrian bridge, plazas, and trail improvements at the Wheat Ridge Ward Station area. FINANCIAL IMPACT: The proposed fee for the additional services resulting from federalizing the project is $120,823.08 and is included in the 2022 Renewal Wheat Ridge Bond Projects Fund. The federal grant that has been requested towards the construction costs is $8.3 million. The right-of-way (ROW) consultant and acquisition costs will also increase, estimated at $1 million, due the project now being required to follow the federal process. BACKGROUND: The pedestrian bridge, plazas, and trail improvement projects at the Wheat Ridge · Ward Station area were restarted in early 2022 after receiving funding from the Renewal Wheat Ridge I-70 Kipling Bond Fund. The conceptual design for the pedestrian bridge, plazas, and trail improvements projects has been completed and is available for viewing on the City’s website. The conceptual designs have also been reviewed by RTD. The Denver Regional Council of Governments (DRCOG) is undertaking its latest cycle of Transportation Improvement Program (TIP) that allocates federal transportation funding to the various entities throughout the DRCOG region. This year, state funding, much of it from COVID related federal funding, was also added to the TIP. Much of the state funding has timing constraints, so DRCOG decided to issue two sets of funding calls, each with Regional and Subregional calls for projects. The Regional calls are managed directly by DRCOG. The Subregional calls are managed by each county’s forum and referred to the DRCOG Board for final approval. The City submitted three projects in Round 2 to the JeffCo Forum with all three projects being included on the list that the Forum approved in early August to submit to the DRCOG Board. With the Forum’s approval, it is very likely that the three projects will be awarded the requested funding. For the Bridge, Plazas, Trail (BPT) project, the City requested $8.3 million in federal funding for almost 90% of the estimated $9.6 million in construction costs. Whenever federal funds are received for one or more phases of a project, all phases of the project must follow the federal process, i.e. the entire project is federalized. The biggest impacts to the non-construction phases Council Action Form – SEH Contract Amendment #2 August 22, 2022 Page 3 are to the environmental and ROW phases with several new tasks being added to the consultant’s scope of work. A couple of minor items are also added to the design phase. The mandatory environmental approvals require that an environmental consultant be retained to prepare the reports that document the potential impacts that the project may have on a variety of environmental resources. The reports will be submitted to CDOT for review and approval. In addition, some additional tasks are required to obtain clearances, i.e. approvals, from the various CDOT Specialty Units. The CDOT Specialties ensure that the federal process is being followed and the federal funds are being spent appropriately. This extra effort to follow the federal process has resulted in the fee to complete the construction plans and specifications being around 20% higher than the current contract. However, these increased costs are a fraction of the federal funding that will be received through the grant. RECOMMENDATIONS: Staff recommends authorizing contract amendment #2 with SEH to complete construction plans and specifications following the federal process for the pedestrian bridge, plazas, and trail improvements at the Wheat Ridge Ward station area. RECOMMENDED MOTION: “I move to approve an amendment to a contract with Short Elliot Hendrickson, Inc., Denver, CO, and subsequent payments, for an additional amount not-to-exceed $120,823.08 for a total of $713,682.02 for professional services to complete the construction plans and specifications for the Wheat Ridge · Ward Station pedestrian bridge, plazas, and trail improvements.” Or, “I move to not approve an amendment to a contract with Short Elliot Hendrickson, Inc., Denver, CO, and subsequent payments, for an additional amount not-to-exceed $120,823.08 for a total of $713,682.02 for professional services to complete the construction plans and specifications for the Wheat Ridge · Ward Station pedestrian bridge, plazas, and trail improvements for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Manager Whitney Mugford-Smith, Procurement Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. SEH Amendment #2 Scope & Fee   Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 2000 South Colorado Boulevard, Suite 6000, Colorado Center Tower One, Denver, CO 80222-7938 SEH is an equal opportunity employer | www.sehinc.com | 720.540.6800 | 800.490.4966 | 888.908.8166 fax August 8, 2022 RE: Amendment #5 - Additional Services for Ward Station Area Projects, Task Order No. 5 - PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado Mr. Mark Westberg, P.E., CFM Projects Supervisor City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 mwestberg@ci.wheatridge.co.us Dear Mark: This letter provides SEH’s proposal for additional services tasks related to supporting federal funding requirements for a DRCOG TIP grant the City is pursuing for the Ward Station Area Project – T.O. #5 - Pedestrian Bridge, Plaza and Greenway Trail project. PROJECT UNDERSTANDING SEH previously completed an updated 30% design of pedestrian improvements at the Ward Station site in the City of Wheat Ridge. Wheat Ridge is pursuing a DRCOG TIP grant that will be administered by CDOT. As such, the City anticipates federal funding project requirements to be required, including review and approval of the plans through CDOT’s local agency specialty groups. As such, the City has asked SEH to provide this proposed task order amendment to include environmental investigation, reporting, permitting and clearances, utility clearances, pedestrian bridge/stairs/elevator and retaining wall geotechnical and structural design, calculations and reports, and engineering design and construction plans for review and approval through the local agency FIR and FOR process. Federal funding requirements are anticipated to include “buy American” materials requirements and construction documentation that will be further identified within the project specifications front end documents that City is providing. Additionally, formal CDOT ROW plans and ROW and easement acquisition (provided under separate contract between the City and HDR) is also anticipated. This scope change is also anticipated to further extend the project design, review and AHJ approval process by 6 additional months. SCOPE OF SERVICES This amendment’s scope of services includes:  Additional environmental investigation, reporting, and permitting scope of services by ERO. Refer to Exhibit A for scope, assumptions and fee breakdown.  Additional utility clearances scope of services by Goodbee & Associates. Refer to Exhibit B for scope, assumptions and fee breakdown.  Additional urban design, landscaping and scope of services by StudioCPG. Refer to Exhibit C for scope, assumptions and fee breakdown.  Credit for two (2) geotechnical soil bores, related testing and reporting services no longer required and additional funding related support scope of services by Shannon &Wilson. Refer to Exhibit D for scope, assumptions and fee breakdown. Amendment #5 - Additional Services for Ward Station Area Projects, Task Order No. 5 PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado August 8, 2022 Page 2 Short Elliott Hendrickson Inc. Additional structural design calculations, CDOT DSR meeting and supporting materials and a Structure Selection Report (SSR) report. CDOT FIR and FOR submittals, review comment response, prep and meetings, specialty group coordination and clearances. Project administration, including subcontracting amendments, 6 additional months of coordination meetings with the City, and invoicing. ASSUMPTIONS AND EXCLUSIONS 1.SEH structural CDOT deliverables include SSR (formatted with CDOT BDM checklist), CDOT FIR and FOR comment response spreadsheets, and CDOT major structure design packages for retaining walls and pedestrian bridge/stairs/elevators. 2.Right-of-entry permissions obtained previously on the project are suitable for the remaining scope of work, or ROE notices will be prepared by others. 3.Boundary survey, legal descriptions and preparation of easements or right-of-way documents are to be provided by others. 4.Geotechnical borings on the RTD site will conducted by the contractor. Results will be provided to Shannon & Wilson to confirm project engineering design assumptions. 5.Assume Permit and application fees are to be paid by City. Note: If a scope item is not explicitly included, it is explicitly excluded. SCHEDULE The City provided a draft schedule for the project, dated July 25, 2022, that includes the milestones listed below. SEH feels this is an achievable schedule but relies on timely review information from CDOT and the City. We anticipate the following milestones: Notice to Proceed Submittal of notice of award to CDOT CDOT Scoping Meeting Completion of 60% design CDOT FIR meeting Completion of 90% design CDOT FOR meeting Completion of Construction documents September 9, 2022 September 26, 2022 (by City) October 10, 2022 October 21, 2022 November 202 11, 2 February 10, 2023 February 13, 2023 May 19, 2023 A City two-week review period is anticipated for each submittal. FEE ESTIMATE The total, not-to-exceed fee for this amendment is $120,823.08. Attached Exhibit E details our proposed Cost-plus-Fixed Fee for the scope and schedule provided. The fee estimate utilizes updated 2022 “Cost Rates”, and a Fixed Fee of 10% on labor. Unit rates for subconsultants will be provided with invoicing. Amendment #5 - Additional Services for Ward Station Area Projects, Task Order No. 5 PEDESTRIAN BRIDGE, PLAZA AND GREENWAY TRAIL DESIGN SERVICES Wheat Ridge, Colorado August 8, 2022 Page 3 Short Elliott Hendrickson Inc. Task Order #5 C2C Budget: $592,858.94 Amendment #5: $120,823.08 Total Revised C2C Budget: $713,682.02 All terms and conditions of the original Cost, plus Fixed Fee contract task order remain in force. If this task order amendment is acceptable, please sign where indicated below, and return a copy for our files. Please call Scott Jardine at 720.540.6850 with any questions. Sincerely, SHORT ELLIOTT HENDRICKSON INC.  Scott Jardine, PE, LEED AP Mike Perez, PE Project Manager Principal (Lic. CO) (Lic. CO) Accepted for City of Wheat Ridge, CO By:_______________________________ Title:______________________________ Date:______________________________ Attachments: Exhibit A – ERO scope and fee; Exhibit B – Goodbee & Associates scope and fee; Exhibit D – StudioCPG’s scope and fee; Exhibit B – Shannon & Wilson scope and fee; Exhibit E – Cost plus fixed fee estimate p:\uz\w\whtrd\151720\1-genl\10-setup-cont\03-proposal\amend #5 - fed funding services\scope\20220808-ward station to5-amend 5 scope letter-final.docx 1 ERO Resources Corporation ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado August 2, 2022 Summary Short Elliott Hendrickson, Inc. (SEH) (Client) has requested that ERO Resources Corporation (ERO) prepare this Scope of Work (SOW) to perform the environmental services for the proposed pedestrian bridge, plaza, and trail near the RTD Ward Station in Wheat Ridge, Colorado. ERO will conduct the necessary research, fieldwork, and environmental documentation for the proposed project to support a Categorical Exclusion, including Parts A and B of the Colorado Department of Transportation’s (CDOT) Form 128 (07/21/2016 version). This SOW assumes the Client will use ERO’s work to obtain all project- related permits and additional requirements, as specified in Part C of CDOT’s Form 128 (07/21/2016 version), unless specified below. All work will be completed at the appropriate level of detail to document existing environmental conditions and will be summarized, along with steps required to obtain any permits or additional clearances, in brief reports. Work will not commence on this contract until written Notice to Proceed is received from SEH. ERO will provide environmental services, including necessary research, fieldwork, and environmental documentation, for the following resources: • Biological resources o Wetlands and waters of the U.S. o Wildlife including federally listed threatened and endangered (T&E) species and Colorado state-listed species o Vegetation and noxious weeds • Hazardous materials • Historic and cultural resources • Paleontological resources ERO assumes that the following resources would not need to be analyzed in detail or that CDOT will conduct environmental services, including the necessary research, fieldwork, and environmental documentation, for the following resources: • Air quality EXHIBIT A (11 PAGES) ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 2 ERO Resources Corporation •Noise impacts •Section 4(f) or 6(f) resources Task A. Biological Resources ERO will conduct a field review to assess the project area for biological resources, including general wildlife, federally listed T&E species habitat, Colorado state-listed species habitat, migratory birds, wetlands and waters of the U.S., and noxious weeds. Wetlands will be delineated following the methods described in the 1987 U.S. Army Corps of Engineers (Corps) Wetlands Delineation Manual and appropriate regional supplement. Open water and channels will be determined based on the presence of an ordinary high water mark as defined in 33 Code of Federal Regulations Part 328. T&E species will be analyzed based on CDOT’s State Wide Impact Findings Table (SWIFT) process. Based on the field review results, ERO will prepare a brief biological resources report (BRR) describing the biological resources found and the regulatory requirements pertaining to these resources. The Draft BRR will be submitted to the Client for review prior to submittal to CDOT. After comments and edits to the Draft BRR are addressed by ERO, the Final BRR will be submitted to CDOT. Additionally, ERO will provide the Client with an electronic file showing the boundaries of wetlands and other waters to assist with project planning. Assumptions •The project area will be reviewed and approved by the Client and CDOT prior to any field reviews. •Changes to the project area boundary after work on this SOW has begun may require changes to this SOW and costs as necessary. •The Client will provide written permission from all landowners to access the project area. •Based on preliminary project review, wetlands and other waters do not occur in the project area and a request for authorization under the Clean Water Act or a CDOT Wetland Findings Report is not needed. •ERO will provide mapping of all noxious weeds and notes on control methods, but a noxious weed management plan will not be required. •One round of CDOT review and revisions of the BRR is included in this SOW and cost estimate. Products •Draft BRR emailed to the Client and CDOT. •Final BRR emailed to the Client and CDOT. •If present, electronic file of the wetland and other waters boundaries submitted to the Client via email. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 3 ERO Resources Corporation Subtask A1. U.S. Fish and Wildlife Service (Service) Effect Determination Letter Based on preliminary information of the project area, ERO assumes that habitat for federal- and state- listed T&E species and other protected species, such as prairie dogs, birds of prey, and migratory birds, does not occur in the project area. If no potential habitat is present in the project area for federally listed T&E species or other protected species, and if requested by CDOT, ERO will prepare a letter for submittal to the Service requesting clearance from further surveys in the project area. The letter will be submitted as a draft to the Client for review before submittal to the Service. Costs for this task are included in Task A. Assumptions • No federal- or state-listed T&E species or other protected species habitat occurs in the project area. • CDOT will request that a separate Service Effect Determination letter be submitted to the Service • One round of review and revisions of the letter by the Client is included in this subtask. • Species presence/absence surveys for listed species will not be required by the Service. If a survey is required, ERO will provide a separate SOW and cost estimate. Products • Draft letter emailed to the Client. • Final letter, including one hard copy mailed to the Service and one PDF document emailed to the Client. • Notes on other regulated resources, if present, delivered to the Client via email. Task B. Phase I Environmental Site Assessment (Phase I ESA) ERO will conduct a Phase I Environmental Site Assessment1 (Phase I ESA) for the subject property. The Phase I ESA will consist of a visual inspection of the subject property, interviews with the property owner, realtor/developer, key site manager, and occupants, if applicable, and a compilation of publicly available information from a variety of sources about past and current environmental conditions at the subject property. ERO will provide the Client with a written report including a detailed presentation of findings. The Phase I ESA will generally conform to CDOT Phase I ESA requirements detailed in CDOT’s Hazardous Material Guidance, dated June 2018. Site inspection. ERO will conduct a visual site inspection of the subject property. The purpose of the 1 According to ASTM 1527-13: “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” and Colorado Department of Transportation Hazardous Material Document Guidance, June 2018. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 4 ERO Resources Corporation inspection is to document recognized environmental conditions. Photographs will be taken as appropriate. ERO will not take any samples during the site inspection. The following issues are specifically excluded from this Phase I ESA—wetlands, migratory birds, radon, lead in drinking water, mold, and subsurface mineral rights, leases, or ownership. ERO will identify areas of suspected asbestos-containing materials and lead based paint, but confirmation sampling is not within the scope of this Phase I ESA. ERO will document the general site setting, such as current use(s) of the subject property and adjoining properties, and general hydrogeologic and topographic features. A general description of structures and other improvements on the subject property will be provided. ERO will identify the following site conditions, if they are visually or physically observed, during the site inspection— • The quantity, type, and storage system for hazardous substances and petroleum products in connection with identified uses; • Tanks, containers, drums, barrels, and other systems used for storing hazardous substances and petroleum products not connected to identified uses; • Aboveground and underground storage tanks; • Pits, ponds, lagoons, and other features potentially used for storage and/or disposal of hazardous substances and petroleum products; • Odors, pools of liquids, stained soils and pavement, and stressed vegetation; • Presence of electrical equipment potentially containing polychlorinated biphenyls (PCBs); • Presence of surfaces potentially painted with lead-based paint (samples may need to be taken); and • ERO will also perform a cursory investigation for potentially asbestos-containing building materials. Interviews. ERO will conduct interviews with the Phase I ESA user with respect to proposed project plans, property owners for parcels associated with right-of-way acquisition as part of the project, site manager and/or other persons with knowledge of the subject property. File search and regulatory agency review. ERO will conduct a search of records and files from a variety of sources and compile existing information pertaining to current and past environmental conditions. This search may include the following information, as ERO deems appropriate— • Topographic, land use, and environmental resource maps • Aerial photographs • County and city records • State and federal databases Vapor Encroachment Screening. ERO will evaluate the sites identified during the Records Review to evaluate potential vapor encroachment in accordance with ASTM E 2600-15, the “Standard Guide for ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 5 ERO Resources Corporation Vapor Encroachment Screening on Property Involved in Real Estate Transactions” (ASTM 2015). ERO will conduct a Tier 1 Screening using information presented in the Phase I ESA records review to whether a Vapor Encroachment Condition VEC exists for the property or not. The results of this screening will be included in the Phase I ESA report. No sampling or testing is included with the screening. Reports and recommendations. Based on the information gathered during the above tasks, ERO will compile the information and findings in a written report for the subject property. The report will contain a detailed presentation of findings, including the site description, records review, site reconnaissance, conclusions, and recommendations. Assumptions and Conditions It is important to emphasize that considerable uncertainty is inherent in conducting this type of investigation. The Phase I ESA will be completed by qualified environmental professionals using that degree of care and skill ordinarily exercised under similar circumstances by other environmental professionals practicing in this field. Unforeseen conditions may significantly affect the ability to make conclusions and recommendations based solely on the proposed investigations, which may ultimately affect the level of risk for a given level of investigative effort and cost. The following assumptions and conditions describe some of the possible limitations under this Work Scope. 1. ERO assumes the subject property will not present conditions that may be hazardous to the health and safety of ERO personnel. The presence of visible hazards or contamination may be sufficient cause for ERO to halt work immediately and request a meeting with the Client to discuss to the problem. 2. All work will be conducted according to the provisions given in this Work Scope and in the accompanying Terms and Conditions. No other specifications or guidelines have been agreed to, nor will any such specifications or guidelines be addressed except as will otherwise be according to this Work Scope. 3. Adequate and timely access to the subject property to conduct the Phase I ESA is assumed. Written authorization or other arrangements as may be necessary to ensure access by ERO personnel will be provided by the Client. 4. Any conditions, known or suspected to the Client, that may have bearing on these investigations, or to the findings or recommendations made pursuant to this Work Scope, will be disclosed to ERO before initiation of the Work Scope. The Client will make available to ERO any appraisal reports, title histories, engineering reports or other technical reports or information that may pertain to this investigation. 5. All references, statements or recommendations in this Work Scope or in any subsequent written reports to substances being either hazardous or not hazardous are made solely in accordance with or in reference to such official designations made by government agencies or other authorities under applicable laws, regulations, or guidelines. ERO itself makes no claim, warranty or implication as to whether any substance may or may not be hazardous. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 6 ERO Resources Corporation 6.This Work Scope does not include an assessment of the potential for any particular condition adversely to affect public health. 7.Any laboratory analytical work, beyond testing associated with the asbestos screening, conducted in conjunction with this project will be conducted by a laboratory or laboratories under separate contract or subcontract. While ERO will endeavor to select qualified laboratories for sample analysis, ERO will accept no responsibility or liability for laboratory results, quality control or analytical turnaround time. 8.Deviations from these assumptions may result in cost increases or changes in schedule. 9.All site boundaries shown or discussed in the report are approximations based on information supplied by the Client. ERO Resources will accept no responsibility or liability for the accuracy of the site boundaries. 10.The Client will be responsible for obtaining a map of the subject property, determining property size, and forwarding these items to ERO at least five days before the date of project completion. Assumptions •The Client will obtain written permission to access the project area. •The Client will provide all required engineering plans and specifications. •One round of revisions for the Phase I ESA report based on CDOT’s comments is included in this SOW and no other revisions will be needed. Products •Draft Phase I ESA report delivered to the Client via email. •Final Phase I ESA report, including a PDF document emailed to the Client and one hard copy mailed to the Client. Task C. History and Archaeology Compliance with Section 106 of the National Historic Preservation Act (NHPA) and with the Colorado State Register Act (CRS 24-80.1 and 8 CCR 1504-5) is required as part of the NEPA documentation and CatEx process. Subtask C1. File Search and Literature Review In coordination with CDOT, ERO will conduct a file search and literature review of the area of potential effect (APE) to assist in determining whether the project has the potential to cause effects on historic properties. Sources include historical aerial photography, U.S Geological Survey quadrangles and highway maps, county assessor records, and the Office of Archaeology and Historic Preservation’s (OAHP) Compass database. The results of subtask C1 will be used to compile deliverables for subtasks C2 and C3. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 7 ERO Resources Corporation Subtask C2. Archaeology Based on a preliminary review of historical records, no previously documented archaeological are present and there is no potential for unknown archaeological resources in APE. Because the project is located entirely within disturbed areas, ERO will compile the records search results in a memorandum to CDOT recommending a determination of “no potential to cause effects” on archaeological historic properties (per 36 CFR 800.3{a} {1}) and that no further compliance is required for the project under either Section 106 of the National Historic Preservation Act or Colorado State Register Act. Products • Draft file search and literature review technical memorandum (memo) delivered to the Client via email. • Final memo delivered the Client. Subtask C3. History ERO has completed a preliminary file search and literature review of the project area to assist in determining whether the project has the potential to cause effects on historical historic properties. Sources included historical aerial photography, U.S Geological Survey quadrangles and highway maps, county assessor records, and the Office of Archaeology and Historic Preservation’s (OAHP) Compass database. Based on the preliminary review, ERO has determined that the project has the potential to cause effects on two potential historic properties. The Colorado and Central, Colorado and Southern Railroad (5JF519) crosses below the proposed pedestrian bridge and the Reno/Juchem Ditch (5JF4362) is present in the southern project area. Therefore, ERO has prepared the following scope of work to identify and document archaeological and historical resources within the APE and to provide CDOT with an effects memo. ERO will conduct a pedestrian survey of the APE to document cultural resources located within the APE. All cultural resources encountered will be documented on relevant OAHP site forms, mapped, photographed, and recorded using a submeter GeoExplorer GPS unit. Previously recorded and newly identified cultural resources will be assessed for their eligibility to be listed on the National Register of Historic Places (NRHP) per 36 CFR 60.4 of the NHPA, 1966, as amended. Following the cultural resource survey, ERO will prepare a summary of the eligibility of resources in the APE and potential project effects on the resources. The summary will be drafted on CDOT letterhead and will provide information sufficient for CDOT to conduct an independent evaluation of the survey and to conduct consultation with the State Historic Preservation Officer regarding potential project effects to historic properties. Products: • Records search technical memo or email provided to CDOT to determine the APE. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 8 ERO Resources Corporation • Draft cultural resource survey letter report and accompanying site forms provided to the Client and CDOT. • Final cultural resource survey letter report and accompanying site forms provided to the Client and CDOT. Assumptions: • ERO cultural resources staff will consult directly with CDOT to define the APE. ERO assumes CDOT will not expand the APE to parcels that contain additional historical resources other than those listed here. • Ground conditions must be 80 percent free of snow and any pedestrian survey areas and access roads must be dry to initiate the survey. These stipulations are required by the SHPO and federal agencies. • ERO anticipates the project will require documentation and evaluation of up to three resources including 5JF519, 5JF4362, and one unknown resource. Should the survey result in the identification of additional resources, ERO will contact the Client immediately after the survey is completed to negotiate a new cost estimate. • If the project results in an adverse effect on cultural resources eligible for listing on the NRHP and additional management or mitigation is required, ERO will provide these services under a separate scope of work. Task D. Paleontological Resources Western Slope Paleontological Services, a subconsultant to ERO will assess the paleontological resources within the project area and general vicinity through multiple methods that constitute a comprehensive desktop review (Review). The Review will include a paleontological locality file search; a scientific literature search; assessment of pertinent geologic maps; and consultation with the CDOT Paleontologist as needed. Western Slope Paleontological Services will conduct the file searches through the Colorado Office of Archaeology and Historic Preservation (OAHP) “COMPASS” website, the Denver Museum of Nature and Science (DMNS), and the University of Colorado Museum of Natural History (CU Boulder). Western Slope Paleontological Services will also search the scientific literature and other available documents pertaining to paleontological resources in the project area and vicinity, including an evaluation of published geologic maps to determine the paleontological sensitivity of bedrock formations and/or other surficial deposits in the project area. The CDOT (and/or another agency) paleontologist will be consulted as necessary. A technical report presenting the results of the Review, with mitigation recommendations (if any), will be prepared using accepted resource assessment criteria and professional standards. Assumptions • No paleontological localities will be found in the proposed project area or vicinity. Products • Draft paleontological technical report emailed to the Client and CDOT. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 9 ERO Resources Corporation • Final paleontological technical report emailed to the Client and CDOT. • Address any Client, CDOT, or other agency comments on the technical report. Task E. Project Coordination and Management This task includes items associated with project coordination such as project start-up documentation, health and safety plan compliance, monthly invoicing, communication through emails and phone calls, and quality assurance. ERO will coordinate with the Client on schedule, design, and other project- related matters via telephone and email. ERO will ensure all documents and figures are reviewed for technical and editorial accuracy. This task also includes a draft and final Environmental Summary Memo, which is often requested from CDOT Environmental staff. Scope of Work Assumptions • Changes to the project area boundary after environmental tasks have begun will require additional effort, and ERO will coordinate with the Client to determine if changes in the scope or budget are necessary. • The Client will provide all base maps and aerial photographs required by ERO for mapping and field surveys. • The Client will arrange and provide written permission to access the project area. • A detailed noxious weed management plan is not required. • No habitat for T&E species is present in the project area. • Presence/absence surveys for T&E species are not included. • Performing the delineation is weather dependent. The ground must be free of snow and, in most instances, the soils must be unfrozen to collect the needed soil data. • A wetland delineation report, Section 404 wetland permit, and CDOT Wetland Findings Report will not be required for this project. • Paleontological resources, noise, farmland protection, SB40, and Section 4(f) and 6(f) clearances will not be needed. • No on-site or in-person meetings are included in this SOW. All project communication will take place through emails and phone calls. • This SOW does not include additional work required in the event any currently unknown significant resource is located in the project area. • One round of revisions for all reports based on CDOT’s comments is included in this SOW and no other revisions will be needed. ERO Resources Corporation Scope of Work for Environmental Services for Ward Road Pedestrian Bridge, Plaza, and Greenway Trail Wheat Ridge, Colorado 10 ERO Resources Corporation Estimated Costs The above Tasks A through E will be completed on a cost plus fixed fee basis for a total cost of $27,225 (see below for breakout). Task A. Biological Resources $6,405 Task B. Phase I ESA $5,867 Task C. Archaeology and History $7,502 Task D. Paleontological Resources $2,172 Task E. Project Coordination and Management $5,270 Total $27,225 ERO Resources Corporation Wheat Ridge Pedestrian Bridge, Plaza, and Greenway Trail COST PLUS FIXED FEE - Rate Schedule - 2022 Employee Name Discipline Effective Rate $/Hour Aliina Fowler Project Environmental Planner 126.24$ Anna Wistrom Staff Biologist 85.65$ Clint Henke Senior Project Biologist 149.77$ Courtney Marne Biologist I 132.66$ Courtney Sockwell Geoscientist I 146.00$ Craig Sovka Geoscientist II 134.32$ David Hesker GIS/Graphics Specialist 134.81$ Emma Clary Biological Technician 69.16$ Erin Cubley Biologist II 115.39$ Garth Smith GIS/Graphics Specialist 134.11$ Giovanna Mendoza Geoscience Technician 75.43$ Heidi Gerstung Biologist II 116.59$ Hidde Snieder Biologist II 115.46$ Jeffrey Birek Biologist II 109.89$ Jonathan Hedlund Senior Cultural Resource Specialist 141.30$ Justin Batista Staff Cultural Resource Specialist II 75.11$ Kay Wall Word Processing/Editor 108.11$ Kristin Russo Biologist II 117.15$ Leslie Moore Architectural Historian II 94.19$ Marcus Espinosa Project Cultural Resource Specialist 84.32$ Michele Pullins Administrative Staff 103.72$ Nancy Otterstrom Geoscientist II 106.01$ Robin Roberts Project Cultural Resource Specialist 102.05$ Shayleen Ottman Staff Cultural Resource Specialist I 74.48$ Wendy Hodges GIS/Graphics Specialist 135.01$ Effective: January 1, 2022, Expires: December 31, 2022*; *Annual salary rate adjustments and annual Overhead adjustment occurs each year. COST PLUS FIXED FEE - Schedule of Reimbursable Expenses - 2022 Vehicle Mileage Rate - IRS Rate $0.625/Mile Vehicle Allowance Costs Off-Road Charge $30.00/Day Survey Equipment Cultural Resource Data Collector $50.00/Day Global Positioning System (GPS) $125.00/Day Field Equipment $10.00/Day Sub-Consultants At Cost Other Expenses At Cost Other Equipment Expenses At Cost Indirect Cost - 196.85% FIXED FEE - 10% Goodbee and Associates, Inc. Ward Station Area - Pedestrian Bridge, Plaza and Greenway - Amendment for CDOT Clearance Scope and Fee Estimate 7/15/2022 PM IV PM II Administrator Total Hrs. Total Cost Bijold, Dana Hauswirth, Lisa Kiser, Elizabeth $179.00/hr $143.85/hr $97.29/hr Utility Coordination: finalize relocation design, timing, and utility agreement letters as needed 4 2 6 $770 Final utility project special provisions 2 2 $288 Meetings and coordination to finalize utility agreements, assume up to 2 additional meetings. Compile and submit CDOT utility clearance package. Final utility agreement letters and Xcel Work Request 4 8 12 $1,867 4 14 2 0 20 $2,924 10% fee $292 # of Units Units Subtotal See SAM SOW See SAM SOW $0 $0 TOTAL ESTIMATE = $3,217 Assumptions and Exclusions: 2. Assume a 14 month period of performance for pre-design, design, and bidding services. 3. CAD work in AutoCAD. Utility plans assume 7 sheets including general notes (1), test hole log (2), and utility plans (4) at 1" = 40'. 4. Assume coordination with Juchem ditch to include attending meetings and support to City and SEH. City to negotiate any necessary agreements with 7. Assume CDOT review and clearance is required. Item Permitting QL A utility test holes - assume 3 test holes see SAM SOW QL B SUE Investigations - See SAM SOW 6. Assume utility relocation design to be provided by Utility providers as part of coordination process. Water and sewer relocation design excluded but may be added into Goodbee's SOW. Task Description of Activities /Assumptions 5. Utility easements will be provided by S.E.H. as part of title research. The City will provide any license agreements for franchise agreements with utility companies. 1. Wheat Ridge plans to provide a pedestrian overpass, plaza and greenway trail to connect I-70 Frontage Road with 49th cul-de-sac and RTD's Ward Station. Estimate to complete (30% - final) and utility coordination to Wheat Ridge standards. TOTAL LABOR Final Design TOTAL ODCs EXHIBIT B StudioCPG TASK AND FEE PROPOSAL: Ward Station, TO#5-Add Services Amend #2, 08-05-22 Principal Proj. Mng. Designer Subs TOTAL $157.50 $118.18 $98.30 Task 1: Project Management Additional Project Duration for Federalization (6 Mo.) 0 8 0 $945.44 Man Hour Total by Personnel 080 Fee Total Personnel $0 $945 $0 Fee Total Subs $0 -$ 945$ -$ -$ $945.44 Task 3.2: Design Phase Services (60%, FIR) Prepare and Submit FIR Plans 0 2 8 $1,022.76 FIR Comment Review Meeting with SEH 0 2 2 $432.96 FIR Comment Reponse Matrix 0 0 2 $196.60 Man Hour Total by Personnel 0412 Fee Total Personnel $0 $473 $1,180 Fee Total Subs $0 -$ 473$ 1,180$ -$ $1,652.32 Task 3.3: Final Design Services (90%, FOR) Prepare and Submit FOR Plans 0 2 8 $1,022.76 FOR Comment Review Meeting with SEH 0 2 8 $1,022.76 FOR Comment Reponse Matrix 0 0 8 $786.40 Man Hour Total by Personnel 0424 Fee Total Personnel $0 $473 $2,359 Fee Total Subs $0 -$ 473$ 2,359$ -$ $2,831.92 Task 3 Total $4,484.24 StudioCPG total $5,429.68 Studio CPG Labor Based Fixed Fee (10%)$542.97 Subconsultant Totals -$ Subtotal: Labor $5,972.65 Project Total, including direct costs $5,972.65 EXHIBIT C Shannon & Wilson, Inc.  1321 Bannock St  Suite 200  Denver, CO  80204  Main (303) 825-3800 20210616-Ward Trail-SW Rev SOW_071822 1 GEOTECHNICAL SCOPE OF WORK WARD STATION – PED BRIDGE, PLAZA, AND TRAIL WHEAT RIDGE, COLORADO INTRODUCTION Geotechnical engineering services are required to support design of the Wheat Ridge Ward  Station pedestrian bridge, plaza, and trail.  During previous phases of work, Shannon &  Wilson completed geotechnical explorations and prepared an interim geotechnical report  for the project.  During the remaining phase of work, the previously issued report will be  updated to address the remaining design scope.    SCOPE OF WORK No geotechnical explorations will be completed during this phase of work.  However, the  2020 interim geotechnical report will be updated to provide final‐level geotechnical design  recommendations for:  The pedestrian bridge, A soil nail wall along the trail, Modular block walls along the trail, and Pavements, including providing a concrete pavement alternative for the drop‐off circle. We will issue a draft report for review by the project team before finalizing the report. Additionally, we will provide miscellaneous support to assist SEH with the preparation of  the structure selection report for retaining structures required for the project.  We will also  attend the FIR and FOR review meetings and respond to any comments received on the  geotechnical report.    ASSUMPTIONS Field explorations are not included.  Final geotechnical recommendations will be developed based on previously completed by borings by Shannon & Wilson and nearby borings completed by others. Shannon & Wilson will prepare engineering geology sheets for the soil nail wall and pedestrian bridge. EXHIBIT D (1 of 4) Ward Station – Ped Bridge, Plaza, and Trail  100695 2 July 18, 2022  Preparation of plans (other than geology sheets) and specifications is not included.     Shannon & Wilson’s will provide recommended minimum soil nail lengths to satisfy  global stability requirements, but detailed soil nail design will be completed by others.    Design of block walls is excluded.    EXHIBIT D (2 of 4) GEOTECHNICAL ENGINEERING FEE ESTIMATE WARD STATION - PED BRIDGE, PLAZA, AND TRAIL WHEAT RIDGE, COLORADO SHANNON & WILSON, INC. PIC PM GEO ENG CAD/TECH Admin Total PIC PM GEO ENG CAD/TECH Admin $270.81 $182.80 $83.29 $117.61 $108.26 $104.92 1 EXPLORATIONS $3,799 1.1 RR & Field Coordination 8.0 16.0 24.0 $1,462 $1,333 $2,795 1.2 Utility Locates 6.0 6.0 $500 $500 1.3 Drilling Observation 0.5 10.0 10.5 $91 $833 $924 2 LABORATORY TESTING $1,606 2.1 Assign Laboratory Testing & Draft Logs 2.0 1.0 3.0 $167 $118 $284 3 UPDATE GEOTECHNICAL ANALYSIS 3.1 Bridge Foundations 1.0 4.0 5.0 $183 $470 $653 3.2 Retaining Structures 2.0 8.0 10.0 $366 $941 $1,306 3.3 Pavements 1.0 4.0 5.0 $183 $470 $653 4 REPORTING 4.1 Issue Draft Report 1.0 2.0 8.0 2.0 2.0 15.0 $271 $366 $941 $217 $210 $2,004 4.2 Finalize Report 0.5 1.0 4.0 1.0 0.5 7.0 $183 $470 5 TEAM MEETINGS AND MISC. DESIGN SUPPORT 8.0 8.0 16.0 $1,462 $941 $2,403 6 PROJECT MANAGEMENT 2.0 4.0 6.0 $366 $420 $785 TOTAL 1.5 25.5 34.0 37.0 3.0 6.5 107.5 $406 $4,661 $2,832 $4,352 $325 $682 $13,258 $5,405 Moisture Content 16 tests $9 Drilling Subcontractor Gradation 4 tests $120 Mobilization 2 hrs $145 290$ Percent Passing No. 200 Sieve 4 tests $48 Truck-mounted Drill Rig 8 hrs $180 1,440$ Corrosion Suite 1 tests $195 Support Truck 1 day $250 250$ Atterberg Limits 4 tests $120 Field Supplies 1 LS $500 500$ Swell Test 1 tests $115 RTD Coordination 1 LS $500 500$ R-Value - tests $470 Traffic Control Day -$ Proctor Test (Standard) - tests $205 Private Utility Locator 1 LS $500 500$ TOTAL - Subcontractors Office Expense 1 Each $25 Misc Field Expense 1 Each $50 Vehicle 4 Day $35 Sample Jars 2 Box $20 Bulk Sample Bags Each $1 California Barrel Brass Tubes 8 Each $8 Other Expenses 64$ 195$ 480$ -$ 115$ 140$ 319$ -$ 50$ 40$ -$ Total - Laboratory Testing 1,606$ Other Expenses 25$ Other Expenses TASKS/SUBTASKS HOURS DIRECT LABOR + OH (187.7%)SUB TOTAL ODC 192$ LABORATORY TESTING SUBCONTRACTORS 144$ 480$ 3,480$ TOTAL $19,989 3,480$ Direct Labor + OH (187.7%) Laboratory Testing 1,606$ Subcontractors COST ESTIMATE - SUMMARY 13,258$ 319$ Fixed Fee (10%) 1,326$ Ward Trail_SW Fee Adj_071822 8/4/2022 100695 EXHIBIT D (3 of 4) GEOTECHNICAL ENGINEERING FEE ESTIMATE WARD STATION - PED BRIDGE, PLAZA, AND TRAIL WHEAT RIDGE, COLORADO SHANNON & WILSON, INC. PIC PM GEO ENG CAD/TECH Admin Total PIC PM GEO ENG CAD/TECH Admin $270.81 $182.80 $83.29 $117.61 $108.26 $104.92 1 EXPLORATIONS $25 1.1 RR & Field Coordination 1.2 Utility Locates 1.3 Drilling Observation 2 LABORATORY TESTING 2.1 Assign Laboratory Testing & Draft Logs 3 UPDATE GEOTECHNICAL ANALYSIS 3.1 Bridge Foundations 1.0 4.0 5.0 $183 $470 $653 3.2 Retaining Structures 2.0 14.0 16.0 $366 $1,647 $2,012 3.3 Pavements 1.0 4.0 5.0 $183 $470 $653 4 REPORTING 4.1 Issue Draft Report 1.0 4.0 16.0 2.0 2.0 25.0 $271 $731 $1,882 $217 $210 $3,310 4.2 Finalize Report 0.5 1.0 4.0 1.0 0.5 7.0 $135 $183 $470 $108 $52 $949 4.3 Geology Sheets (Bridge and SN Wall) 2.0 4.0 16.0 22.0 $366 $470 $1,732 $2,568 5 TEAM MEETINGS AND MISC. DESIGN SUPPORT 8.0 8.0 16.0 $1,462 $941 $2,403 6 FIR & FOR MEETINGS & COMMENT RESOLUTION 8.0 16.0 24.0 $1,462 $1,882 $3,344 7 PROJECT MANAGEMENT 2.0 4.0 6.0 $366 $420 $785 TOTAL 1.5 29.0 70.0 19.0 6.5 126.0 $406 $5,301 $8,233 $2,057 $682 $16,679 $25 Moisture Content - tests $9 Drilling Subcontractor Gradation - tests $120 Mobilization hrs $145 -$ Percent Passing No. 200 Sieve - tests $48 Truck-mounted Drill Rig hrs $180 -$ Corrosion Suite - tests $195 Support Truck day $250 -$ Atterberg Limits - tests $120 Field Supplies LS $500 -$ Swell Test - tests $115 RTD Coordination LS $500 -$ R-Value - tests $470 Traffic Control Day -$ Proctor Test (Standard)- tests $205 Private Utility Locator LS $500 -$ TOTAL - Subcontractors Office Expense 1 Each $25 Misc Field Expense - Each $50 Vehicle Day $35 Sample Jars Box $20 Bulk Sample Bags Each $1 California Barrel Brass Tubes Each $8 Other Expenses 25$ -$ Other Expenses 25$ -$ TOTAL $18,372 REV 0 FEE $19,989 ADJUSTMENT -$1,617 -$ Laboratory Testing -$ -$ Subcontractors -$ -$ Fixed Fee (10%)1,668$ -$ -$ -$ Other Expenses COST ESTIMATE - SUMMARY 25$ Direct Labor + OH (187.7%)16,679$ Total - Laboratory Testing -$ -$ -$ LABORATORY TESTING SUBCONTRACTORS TASKS/SUBTASKS HOURS DIRECT LABOR + OH (187.7%)SUB TOTAL ODC -$ -$ -$ -$ Ward Trail_SW Fee Adj_071822 8/4/2022 100695 EXHIBIT D (4 of 4) SEH Fee Proposal PROJECT FEE ESTIMATING WORKSHEET By: SJ Revision Date: SEH INC.Date: 08/08/22 Proposal No: Amendment #2 Job No: 166446 Project: Ward Station Pedestrian Overpass, Plaza and Greenway Trail Federal Funding Additional Services Estimated Project Duration - Ext. of Design Phase by 6 mths - now 16 mths (Design), 3 mths (Bidding), 7 mths (Construction) = 26 Mths Total Client: City of Wheat Ridge SEH TASK 8 Civil Principal Senior Project Engineer II Senior Project Engineer II Senior Project Engineer Senior Project Engineer Senior Project Engineer Senior Project Engineer Project Engineer II Project Engineer II Senior Project Architect Project Engineer Staff Engineer Lighting Specialist Senior CAD Designer Senior Admin Assistant SEH SUBTOTAL SEH SUBTOTAL SEH Studio CPG Goodbee/SAM ERO Shannon & Wilson Hrs. Hrs. Hrs Hrs. Hrs Hrs Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. Hrs. HOURS Cost Expenses Hourly Rates $229.07 $197.94 $198.65 $179.46 $157.73 $161.09 $146.56 $163.77 $160.92 $129.96 $126.40 $111.75 $139.16 $123.89 $109.77 Subtask Coldsnow Jardine Kaye Massa Kolahi Marquez Dike Nuetzel Hoesly Mukavetz Jones Clark Kruse Sundeen O'Connor 1 Project Management Project management, scheduling, planning, administration 2183 4.5 27.5 $5,110.98 $1,039.98 $6,150.96 Additional Services Proposal 183 2 22 2 20 $3,604.58 $3,604.58 Project progress meetings and notes (up to 4 add. conf. calls)44 72 17 $3,054.59 $3,054.59 Monthly meetings with City (up to one meeting per month thru design phase)6 2 10.5 2 2 22.5 $3,886.29 $93.75 $3,980.04 Task 1 Subtotal 3 36 12 0 2 0 2 19.5 4400004.587$15,656.43 $93.75 $1,039.98 $0.00 $0.00 $0.00 $16,790.16 2 Pre-Design Services Environmental Services ‐ Desktop & Field Investigation, Report, Permitting and CDOT  Clearances 2 4 6 $1,050.96 $27,225.00 $28,275.96 Geotechnical Field Investigation, Laboratory Testing and Report (2 Bores)-2 -2 -$327.54 -$19,989.00 -$20,316.54 Update Geotech analysis, reporting, and support CDOT submittals and comment  resolution 12 2 5 $922.78 $18,372.00 $19,294.78 Task 2 Subtotal 03200 0 040000000 9$1,646.20 $0.00 $0.00 $0.00 $27,225.00 -$1,617.00 $27,254.20 3 Design Phase Services 3.1 30% Design (FIR) 3.1.2 Pedestrian Overpass/Elevator CDOT DSR prep and meeting 116 8 8 33 $5,810.66 $5,810.66 Subtask 3.1 Subtotal 011608 0 800000000 33$5,810.66 $0.00 $0.00 $0.00 $0.00 $0.00 $5,810.66 3.2 60% Design (FIR) 3.2.1 Civil/Site Retaining Wall and Stairs Layout and Profiles 1 6 10 10 1 10 3 41 $6,085.68 $6,085.68 Draft utility project special provisions 0.5 0.5 1 $180.86 $158.24 $339.09 Utility Coordination ‐ relocation design, timing and draft utility agreement letters as  needed 0.5 0.5 1 $180.86 $423.49 $604.34 3.2.2 Overpass/Elevators Foundation Design 4 6 6 15 3 34 $4,668.26 $4,668.26 Stair/Structural Bridge Design 5 6 6 15 4 36 $4,990.80 $4,990.80 Technical Specifications 1 1 1 1 1 5 $811.00 $811.00 Opinion of Construction Cost ‐ SOAQ Tabulation 0.5 2 4 6.5 $932.11 $932.11 Prepare and Submit 60% PS&E 22 2 6 $1,005.88 $1,125.04 $2,130.92 60% Comment Response Matrix 16 3 33333 25$4,045.86 $216.26 $4,262.12 Review Meeting with Wheat Ridge & CDOT 16 3 33 16 $2,794.02 $476.26 $513.37 $3,783.65 Subtask 3.2 Subtotal 0 4.5 30 1 30 0 30 11 3 4 7 40 1 10 0 171.5 $25,695.32 $0.00 $1,817.55 $1,095.09 $0.00 $0.00 $28,607.97 3.3 Final (90% FOR) Design . 3.3.1 Civil/Site Retaining Wall Layout and Profiles 1 6 9 9 1 10 3 39 $5,781.39 $5,781.39 Utility project special provisions 0.5 1 1.5 $262.74 $158.24 $420.98 Utility Coordination ‐ finalize relocation design, timing and utility agreement letters as  needed 0.5 2 2.5 $426.51 $423.49 $850.00 3.3.2 Overpass/Elevators/Retail Foundation Design 0.5 4 6 6 0.5 15 3 35 $4,849.12 $4,849.12 Stair/Structural Bridge Design 0.5 5 6 6 0.5 15 4 37 $5,171.66 $5,171.66 Technical Specifications 2 2 2 2 2 10 $1,622.00 $1,622.00 Opinion of Construction Cost ‐ SOAQ Tabulation 0.5 2 4 6.5 $932.11 $932.11 Prepare and Submit 90% PS&E 22 2 6 $1,005.88 $1,125.04 $2,130.92 Prepare 90% Comment Matrix 16 5 54 21 $3,566.37 $865.04 $4,431.41 Review Meeting with Wheat Ridge & CDOT 16 3 33 16 $2,794.02 $1,125.04 $513.37 $4,432.43 Subtask 3.3 Subtotal 0 5.5 31 2 31 0 31 16 0 2 4 40 2 10 0 174.5 $26,411.79 $0.00 $3,115.11 $1,095.09 $0.00 $0.00 $30,622.00 3.4 Construction Documents Technical Specification Final Revisions 0 $0.00 $513.37 $513.37 Finalize Clearance Letters 63 3 12 $2,104.77 $513.37 $2,618.14 Final QA 4 4 $794.60 $794.60 Subtask 3.4 Subtotal 001003 0 300000000 16$2,899.37 $0.00 $0.00 $1,026.74 $0.00 $0.00 $3,926.11 Task 3 Subtotal 0 11 87 3 72 0 72 27 3 6 11 80 3 20 0 395 $60,817.14 $0.00 $4,932.66 $3,216.93 $0.00 $0.00 $68,966.73 Total SEH Hours per Staff = 3 50 101 3 74 0 74 50.5 7 10 11 80 3 20 4.5 491 Total SEH Cost per Staff $687 $9,897 $20,064 $538 $11,672 $0 $10,845 $8,270 $1,126 $1,300 $1,390 $8,940 $417 $2,478 $494 $78,120 Totals $78,119.77 $93.75 $5,972.65 $3,216.93 $27,225.00 -$1,617.00 $113,011.10 Fee = SEH Labor x 10% $7,811.98 Total Labor = $85,931.75 SEH Expenses $93.75 Sub Consultants $34,797.58 TOTAL FEE $120,823.08 Subconsultants 20220808-WR BPT-Add Service 2 Fee - Final 1 8/8/2022 ITEM NO: 6 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN AMENDMENT TO A CONTRACT WITH HDR, INC., DENVER, CO, AND SUBSEQUENT PAYMENTS, FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $58,311.84 FOR A TOTAL OF $175,022.15 FOR PROPERTY ACQUISITION SERVICES FOR WHEAT RIDGE · WARD STATION PEDESTRIAN BRIDGE, PLAZAS, AND TRAIL IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: HDR was contracted to perform property acquisition services for the pedestrian bridge, plazas, and trail improvements at the Wheat Ridge · Ward Station area in 2019 that were then suspended in 2020 to divert funding to the Clear Creek Crossing access ramp project. An amendment was executed in early 2022 to restart the project, using Renewal Wheat Ridge bond funding. The JeffCo Subregional Forum approved funding for this project in early August and the DRCOG Board is expected to award the funding in late September. Because this additional funding is from the federal government, an amendment to task order #2 of the contract with HDR needs to be approved for the additional tasks related to completing this project following the federal process. PRIOR ACTION: Council originally awarded a contract to HDR on June 24, 2019 for $118,647 to conduct property acquisition services for the pedestrian bridge, plazas, and trail improvements. That contract was temporarily suspended in 2020 to divert 2E bond funding to complete the Clear Creek Crossing I-70 hook ramps. Council Action Form – HDR Contract Amendment #2 August 22, 2022 Page 2 Council awarded a contract amendment to HDR on January 24, 2022 with a new contract amount of $116,710.31 to restart the property acquisition services at the Wheat Ridge Ward Station area. FINANCIAL IMPACT: The proposed fee for the additional services resulting from federalizing the project is $58,311.84 and is included in the 2022 Renewal Wheat Ridge Bond Projects Fund. The federal grant that has been requested towards the construction costs is $8.3 million. The right-of-way (ROW) acquisition costs will also increase, estimated at $1 million, due the project now being required to follow the federal process. BACKGROUND: The pedestrian bridge, plazas, and trail improvement projects at the Wheat Ridge · Ward Station area were restarted in early 2022 after receiving funding from the Renewal Wheat Ridge I-70 Kipling bond fund. The biggest impact of federalizing the ROW process is that fair market value must be paid for all acquisitions. Previously, staff had hoped to negotiate no-cost permanent easements for the trail in exchange for maintaining the steep slope along the trail. Since the acquisition process to obtain a permanent easement is the same as obtaining the property and the fair market value of a permanent easement is often nearly the same cost of just obtaining the property, the parcels needed for the trail will be purchased versus just getting a permanent easement. The property acquisition for the pedestrian bridge, plazas, and trail improvements projects was about to be restarted with the revisions to the conceptual plans being completed. However, that process will be delayed until after the grant has been awarded on September 21, 2022 by the DRCOG Board. The federal process to obtain the necessary parcels will be the same as it was for the Wadsworth Improvement project and will delay the actual acquisitions until 2023 due the preparation of ROW plans and the CDOT approval of those plans, which takes several months. CDOT also oversees the acquisition process to ensure that the federal process is being followed and the federal funds are being spent appropriately. This extra effort to follow the federal process has resulted in the consultant’s fee to complete the ROW acquisitions being around 50% higher than the current contract. The actual acquisitions are estimated to be $1 million higher. However, these increased costs are still a fraction, around 15%, of the federal funding that will be received through the grant. RECOMMENDATIONS: Staff recommends awarding contract amendment #2 to HDR to complete the property acquisition services following the federal process for the pedestrian bridge, plazas, and trail improvements. RECOMMENDED MOTION: “I move to approve an amendment to a contract with HDR, Inc, Denver, CO, and subsequent payments, for an additional amount not-to-exceed $58,311.84 for a total of $175,022.15 for Council Action Form – HDR Contract Amendment #2 August 22, 2022 Page 3 property acquisition services for the Wheat Ridge · Ward Station pedestrian bridge, plazas, and trail improvements.” Or, “I move to not approve an amendment to a contract with HDR, Inc, Denver, CO, and subsequent payments, for an additional amount not-to-exceed $58,311.84 for a total of $175,022.15 for property acquisition services for the Wheat Ridge · Ward Station pedestrian bridge, plazas, and trail improvements for the following reason(s) _________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Manager Whitney Mugford-Smith, Procurement Manager Ken Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. HDR Contract Amendment #2 hdrinc.com August 11, 2021 City of Wheat Ridge – Public Works Attn: Mark A. Westberg, PE, CFM 7500 West 29th Avenue What Ridge, CO 80033 RE: Scope of Work and Fee for Right-of-Way Services for Proposed Contract Modification #2 for Ward Station Project for Bridge, Multi-Use Trail and Plaza Project Dear Mark, The attached scope of work and fee are an HDR proposal for a second contract amendment for the subject project (Project). In July 2019, HDR entered into a contract with the City to provide right of way (ROW) services for the Project. The design progressed to 30% and some ROW services were provided. At the end of 2020, the City instructed all consultants working on the Project to stop work. The City has now restarted the Project. On May 4, 2022, the City and HDR executed an amendment for modified scope and fee for ROW services for the restarted Project. The contract amount for such amendment was $116,710.31. There was $75,139.00 remaining on HDR’s original contract with the City for the Project. That amount was liquidated and included in the $116,710.31 contract amendment (First Contract Amendment). As of the July 29, 2022, HDR has invoiced the City $23,570.77 for services, plus $1,008.00 of services for which a separate invoice is pending, for a total of $24,578.77 to be billed against the against the $116,710.31 First Contract Amendment, which will leave a balance on that contract (after the $1,008.00 is invoiced and paid) of $92,131.54. The City has applied for federal funds for the project., which means that the ROW process for the project will need to be completed in compliance with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act and the Colorado Department of Transportation’s Right of Way Manual. The City has asked HDR to modify is fee to reflect the additional time needed to complete the ROW process for the project consistent with federal- aid requirements. The attached scope of work and fee in the amount of $175,022.15 is HDR’s fee estimate to continue the right of way process for the project from July 29, 2020 to conclusion consistent with federal aid right of way requirements. Note that additional fee is needed for development and approval by CDOT of right of way plans and valuation of the acquisition parcels by appraisals, with CDOT appraisal review. Absent the federal aid process, valuation mostly by waiver valuation was previously contemplated. If the City wants to amend the $116,710.31 First Contract Amendment for this project, it can issue a second amendment of this contract in the amount of $82,890.61, which is the difference between the current $92,131.54 balance on the first amended contract and the attached $175,022.15 fee proposal. The attached draft scope and fee outlines our project approach for a federal-aid ROW process for the project, moving forward from July 29, 2022, along with proposed deliverables that we plan to complete. I previously provided a draft of this proposal. The proposal has been internally approved. As a result, this submittal is a final approved version of the proposal. Please let me know if you have any questions. Sincerely, Greg Jamieson Senior Right of Way Project Manager Attachments: Scope of Work and Fee Proposal SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The City of Wheat Ridge (City) is designing a linear path for the properties near RTD’s Ward Station to get access to Ward Station through an elevated Multi-Use Path, that runs from the West I-70 North Frontage Road to a plaza at the current West 49th Place cul-de-sac, then crosses the Regional Transportation District (RTD) and Burlington Northern and Santa Fe Railway (BNSF) rail lines on an elevated pedestrian bridge, to Ward Station (Project). The City has retained SEH Engineering (SEH) to design this Project. Engineering design has started on the Project. In July 2019, HDR entered into a contract with the City to provide right of way (ROW) services for the Project. The design progressed to 30% and some ROW services were provided. At the end of 2020, the City instructed all consultants working on the Project to stop work. The City has now restarted the Project. On May 4, 2022, the City and HDR executed an amendment for modified scope and fee for ROW services for the restarted Project. The contract amount for such amendment was $116,710.31. There was $75,139.00 remaining on HDR’s original contract with the City for the Project. That amount was liquidated and included in the $116,710.31 contract amendment (First Contract Amendment). As of the date of submittal of this proposal, HDR has invoiced the City $23,570.77 for services, plus $1,008.00 of services for which a separate invoice is pending, for a total of $24,578.77 to be billed against the against the $116,710.31 First Contract Amendment. The services provided for this fee have been: (i) updating certain title commitments, (ii) attempting to negotiate a right of entry with RTD for geotechnical investigation, (iii) initiating the ROW process for a proposed land swap with C&D Investments, (iv) providing an acquisition and disposal appraisal for such proposed land swap, and (v) participation in project status meetings. The City has applied for federal funds for the Project. Federal funds, with oversight by the Colorado Department of Transportation (CDOT) which is the entity providing such oversight, requires the ROW process for the Project to be completed in compliance with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and the CDOT ROW Manual. This is a new requirement for the Project. This federal-aid ROW process requires some different procedures than the ROW process previously planned for the Project. HDR will require a different scope of work and fee for the ROW process moving forward for the project to complete such different procedures. The City has requested HDR to prepare a modified scope of work and fee to reflect such different procedures. This second amended scope of work is submitted in response to this request. This scope of work describes the ROW services needed from July 27, 2022, the date of this proposal moving forward, to deliver the ROW for the Project in compliance with the federal-aid ROW process (Second Contract Amendment). The ROW acquisition envisioned for the Project in HDR’s initial contract and the First Contract Amendment was ROW acquisitions from thirteen (13) properties (twelve (12) owners), consisting of one (1) fee simple (ROW) parcel, eight (8) permanent easements and twelve (12) temporary easement parcels. The ROW acquisition envisioned for the Project in this scope of work for the Second Contract Amendment), is ROW acquisitions from thirteen (13) properties (twelve (12) owners), consisting of eleven (11) fee simple (ROW) parcels, two (2) permanent easements and thirteen (13) temporary easement parcels. The affected ownerships and anticipated parcels to be acquired from each ownership are set SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 2 forth in Table 1 below. The ROW services to be provided by HDR include: (i) obtaining updated title work for most of the affected ownerships, (ii) preparing ROW plans on the CDOT ROW plans template and legal descriptions for the parcels to be acquired, (iii) determining the value of the parcels through appraisals, (v) coordinating appraisal review of such appraisals with CDOT, and (iv) negotiating the acquisition of such parcels. Table 1 - Acquisition Parcels for Trail, Plaza & Bridge Project Owner Name Property Address AIN/Parcel ID Right of Way (Fee Simple) Permanent Easement Temporary Easement Comments LF ENTERPRISES LLC 4800 Van Gordon Street 39-174-08-004 X X TABOR STREET REALTY VENTURE LLC 11941 W. I-70 Frontage Road 39-174-08-021 X X YOUNG JA KAHNG LIVING TRUST 11937 W. I-70 Frontage Road 39-174-08-020 X X COTTON FOX LLC 11931 W. I-70 Frontage Road 39-174-08-017 X X LAKEMONT LANDING CONDOMINIUM ASSN INC 11919 W. I-70 Frontage Road 39-174-08-028 X X LAKEMONT III CONDO ASSN INC 11919 W. I-70 Frontage Road 39-174-08-057 X X GENE C & SUSAN G PIETRO REVOCABLE TRUST 4836 Van Gordon Street 39-174-08-003 X X VANGORDON PROPERTIES LLC 4840 Van Gordon Street 39-174-08-027 X X VANGORDON PROPERTIES LLC 4880 Van Gordon Street 39-174-08-026 X X WESTERN ROOFING INC 4896 Van Gordon Street 39-174-08-024 X X C & D INVESTMENTS 5075 Tabor Street 39-174-08-076 X X Trade of existing ROW for portion of parcel to be acquired anticipated. BURLINGTON NORTHERN & SANTA FE RAILWAY N/A 39-174-000-001 X X BNSF retained an interest in the property it conveyed to RTD. SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 3 Owner Name Property Address AIN/Parcel ID Right of Way (Fee Simple) Permanent Easement Temporary Easement Comments REGIONAL TRANSPORTATION DISTRICT N/A 39-174-000-001 X X This is marked as a permanent easement, but RTD may insist on a permit. The City will need some permission instrument from RTD for the bridge over the tracks and the elevator/stairs’ structure north of the tracks within the RTD station. HDR’s ROW team will provide the work described in this document. PROJECT GOALS The goals of the ROW acquisition for the Project are to timely acquire the ROW needed for the Project consistent with the URA and CDOT ROW Manual to support the preconstruction schedule while providing considerate treatment to affected property owners. PROJECT LIMITS Beginning at Ward Station, across the BNSF and RTD right-of-way to south, then from there to the West I-70 Frontage Road. WORK DURATION The primary time period for the work for the Second Contract Amendment is estimated to begin in August 2022. The project schedule and work duration will be determined by the City and HDR, after HDR is under contract for the Project. ROW TEAM RESPONSIBILITIES AND DUTIES ▪ Title work. ▪ Preparation of ROW Plans and legal descriptions for ROW Parcels. ▪ Valuation of ROW Parcels through appraisals. ▪ Acquisition Negotiation for ROW Parcels. ▪ Obtaining real estate documents for Juchem Irrigation Ditch relocation, if required. ▪ Support for Condemnation, if Needed WORK PRODUCT ▪ Updated ROW Schedule ▪ Updated ROW Budget ▪ ROW Project Coordination ▪ Meeting Minutes SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 4 ▪ Title Commitments ▪ ROW Plans ▪ Legal Descriptions ▪ Appraisals ▪ FMVs on CDOT Form #930 ▪ Acquisition Files, including Offer Packets, Agreements, Conveyance Deeds, Easement Agreements, Negotiation Logs ▪ Real estate documents for Juchem Irrigation Ditch relocation, if required. ▪ Condemnation Request Packages (If needed) Requirements are further described in the sections that follow. TABLE OF CONTENTS This scope of work will consist of the following eight tasks: 1. ROW Project Management, Meetings and Coordination. 2. Title Services - Obtain title commitments and deeds from a subconsultant title company. 3. ROW Plans and Legal Descriptions - Subconsultant professional land surveying company (PLS) to prepare ROW plans and legal descriptions for the ROW parcels. CDOT approval of ROW plans and legal descriptions required. 4. Valuation – Appraisals will be prepared for the acquisitions from each ownership. CDOT will conduct appraisal reviews of each appraisal and issue required FMVs. 5. Acquisition Negotiation for Non-Rail Landowners - negotiations with these landowners to acquire the ROW parcels. 6. Closings for Non-Rail Landowners - a subconsultant title company will conduct closings for permanent acquisitions with consensual agreements. HDR will conduct closings for temporary easement only parcels. 7. Acquisition Negotiation for Easement(s), Other Real Estate Agreements, and Coordination with Construction and Maintenance Agreements with BNSF and RTD. 8. Real Estate Assistance for Juchem Irrigation Ditch relocation Condemnation Support is not a specific task, however if a condemnation is needed, HDR can provide support for the condemnation, but additional fee for such support will need to be negotiated. SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 5 TASK 1: ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION Task 1.1 Subconsultant Management This task covers the negotiation and management of contracts with Precision Surveying & Mapping, Inc. (Precision) for survey and preparation of ROW plans and legal descriptions and the appraisal subconsultant for the appraisals needed for the Project. Task 1.2 Invoicing Prepare, review and provide to City monthly invoices. This task includes reviewing, processing, and paying subconsultants on their subconsultant contracts. Deliverables: ➢ 10 monthly invoices Task 1.3 External Project Coordination Meetings HDR and the City will meet as required (typically two meetings per month) to monitor progress on the ROW process, discuss issues and obtain required City decisions. Discussion items may include modifications to the schedule and budget, progress on ROW phases (legal descriptions, valuation, acquisition negotiation and condemnation), review of acquisition tracking sheets, responses to counteroffers, strategies for challenging negotiations and other issues, and problem solving. Deliverables: ➢ 18 meeting agendas ➢ Preparation of minutes from 18 meetings ➢ One ROW project schedule, updated, as needed ➢ One ROW project budget, updated as needed ➢ Acquisition tracking sheets Task 1.4 Internal Coordination This task is for HDR’s tasks associated with managing the project. This task includes the ROW Team’s internal coordination, internal ROW Team meetings, updating acquisition tracking sheets, updating the ROW Project schedule and budget, as needed. TASK 2: TITLE COMMITMENTS Task 2.1 Coordinate and Review Title Documents Order updated title commitments for the permanent easement and fee simple (right of way) parcels. Review title commitments for financial liens and other encumbrances relevant to the acquisitions. Title Subconsultant Deliverable No. 1: ➢ Ten (10) updated title commitments from subconsultant title company. (An updated commitment has been obtained for C&D Investments) ➢ Estimated fee for title work is $1,000, consisting of $100/updated title commitment X ten (10) commitments. Assumptions: - Ten (1) title commitments will be needed for the parcels. Title commitments will not be obtained for the acquisitions from BNSF RR and RTD. This number may change as the design advances SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 6 and ROW impacts are better defined. If more than ten (10) title commitments are needed, additional fee may need to be negotiated. TASK 3: ROW PLANS AND LEGAL DESCRIPTIONS Task 3.1 Right of Way Plans and Legal Descriptions Coordinate with Precision, SEH and the City on preparation of ROW Plans and legal descriptions for ROW parcels. ROW Plans will be prepared on the CDOT template. CDOT review and approval of the ROW plans and legal descriptions will be required. A Right of Way Plan Review (ROWPR) meeting will be required. Subconsultant PLS (Precision) Deliverable No. 2 – ROW Plans and Legal Descriptions ➢ ROW plans prepared in compliance with the CDOT ROW Manual. ➢ Exhibits and legal descriptions for ROW parcels prepared in compliance with the CDOT ROW Manual and City standards. Assumptions: - This task assumes preparation of exhibits and legal descriptions acquisitions from thirteen (13) properties (twelve (12) owners), consisting of eleven (11) fee simple (ROW) parcels, two (2) permanent easements and thirteen (13) temporary easement parcels. If more than these are needed, additional fee may need to be negotiated. TASK 4: PARCEL VALUATIONS Task 4.1 Appraisals and Appraisal Review Coordinate with consultant appraiser to deliver twelve (12) just compensation appraisals. HDR appraiser to prepare an updated acquisition and disposal appraisal for the proposed land trade with C&D Investments. HDR will deliver such drafts of such appraisals to the City, and concurrently submit such drafts to CDOT for the appraisal review required by the CDOT ROW Manual. HDR will monitor the CDOT appraisal review process and encourage the appraiser and CDOT reviewer to timely complete a constructive appraisal review process so final appraisal reports and FMVs are issued. Subconsultant (appraisal company) Deliverable: ➢ Twelve (12) eminent domain appraisals of the acquisition parcels needed from the twelve of the affected owners. HDR Deliverable: ➢ HDR’s in-house appraiser has delivered an acquisition and disposal appraisal for the proposed land trade with C&D Investments. Such appraiser will deliver updates for both appraisals. Assumptions: - This task assumes twelve (12) eminent domain appraisals of the acquisition parcels needed from twelve affected ownerships and an updated acquisition and disposal appraisal for the proposed land trade with C&D Investments. If additional appraisals are needed, additional fee for such appraisals will need to be negotiated. Task 4.2 Landowner Appraisal Review Section 38-1-121, C.R.S. requires, for acquisitions with estimated values greater than $5K, that landowners to be advised of their right to get an appraisal and have the governmental entity reimburse them for the reasonable value of the appraisal if certain conditions are met. If landowners notified of this SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 7 right take advantage of it and submit appraisals to the City, a URA appraisal review of each landowner appraisal is required by the CDOT ROW Manual. HDR will deliver copies of any landowner appraisals received such appraisals to the City, and concurrently submit such drafts to CDOT for the appraisal review required by the CDOT ROW Manual. HDR will monitor the CDOT appraisal review process and encourage the CDOT reviewer to timely complete a constructive appraisal review process. The CDOT appraisal process determine if a new FMV should be issued. The results of the CDOT appraisal review will be considered by HDR in its recommendations to the City, as to whether the landowner appraiser’s fee should be paid. Deliverables: ➢ Review reports for appraisals submitted. ➢ CDOT appraisal review memorandums and FMVs, if applicable. Assumptions: - Section 38-1-121, C.R.S. requires landowners to be advised of their right to get an appraisal and have the governmental entity pay for it if certain conditions are met, for acquisitions with estimated values greater than $5K. Landowners may or may not take advantage of this right. This task assumes that 6 of the 13 landowners advised of this right will take advantage of it. - The cost of landowner appraisals is not included in this HDR SOW and fee estimate and will be paid separately by the City. TASK 5: ACQUISITION NEGOTIATION FOR NON-RAIL LANDOWNERS Task 5.1 Preparation and Delivery of Acquisition Documents Prepare and send notice of intent to acquires, offer letters, summaries of just compensation, final offer letters and additional correspondence as agreed to by the City and HDR. Deliverables: ➢ Notice of intent to acquires. ➢ Offer packets. ➢ Additional correspondence and documents, as needed. ➢ Final offers, if required. Assumptions: - Acquisition negotiations from eleven (11) landowners (acquisitions from BNSF RR and RTD are not included in this task) will be needed. This number may change as the design advances and ROW impacts are better defined. If acquisitions from more than eleven (11) landowners are needed, additional fee will need to be negotiated. Task 5.2 Conduct Acquisition Negotiations Negotiate consensual agreements for the acquisition of property rights based on waiver valuations and appraisals, as applicable. Deliverables: ➢ Signed settlement agreements. ➢ Justification for administrative settlements and other City required settlement forms. ➢ Negotiation logs. SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 8 Assumptions: - Negotiations will be limited to three in person meetings. Negotiations result in consensual agreements. If an agreement cannot be reached on a negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, HDR will prepare and submit a condemnation packet to the City (the fee for preparation of condemnation packets is in Section 6.1). This SOW and fee estimate do not include tasks and fees for participation in condemnation proceedings. If the City authorizes condemnation on an acquisition and additional ROW services are needed from HDR to support the condemnation, additional SOW and fee for such services will be negotiated. Task 5.3 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the notice of intent to acquire, appraisal or value finding; offer letter; closing documents; typed and signed negotiation logs of contacts with owners; and the related correspondence regarding the parcel acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City. Deliverables: ➢ Final files – hard copy and digital Assumptions: - Eleven (11) final files will be needed. TASK 6: CLOSINGS FOR NON-RAIL LANDOWNERS Task 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys For acquisitions including permanent easement and fee simple (right-of-way) parcels resolved through consensual agreements, coordinate closings with subconsultant title company, including release or subordination of financial liens. If an agreement cannot be reached on an acquisition negotiation, the matter will be discussed with the City. If the City determines that it will resolve the acquisition through condemnation, submission of a condemnation packet will be a substitute for the closing coordination. Deliverables: ➢ Closing packets and final signed and recorded agreements from closings. Eleven (11) title company closings are anticipated. ➢ Title insurance policies. ➢ Substitution of a condemnation packet for negotiations that cannot be resolved by a consensual agreement, which the City authorizes condemnation. Title Subconsultant Deliverable No. 2: ➢ Eleven (11) closings. ➢ Eleven (11) title Insurance Policies Assumptions: - Closings that include acquisition of permanent easement and fee simple (right-of-way) parcels from eleven (11) landowners through the subconsultant title company will be needed. This number may change as the design advances and ROW impacts are better defined. If more than these indicated are needed, additional fee will need to be negotiated. SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 9 - For closings conducted by the Subconsultant Title Company, the City will pay all Subconsultant Title Company’s closing fees, including recording fees, costs associated with lien releases, if any, and the cost of title insurance policies. TASK 7: ACQUISITION NEGOTIATION FOR EASEMENT(S), OTHER REAL ESTATE AGREEMENTS, AND COORDINATION WITH CONSTRUCTION AND MAINTENANCE AGREEMENTS WITH BNSF AND RTD Task 7.1 Preparation and Delivery of Acquisition Documents Prepare and send to BNSF and RTD notice of intent to acquires, offer letters, summaries of just compensation, final offer letters and additional correspondence as agreed to by the City and HDR. Deliverables: ➢ Notice of intent to acquires. ➢ Offer packets. ➢ Additional correspondence and documents, as needed. ➢ Final offers, if required. Assumptions: - Acquisition negotiations from BNSF and RTD will be needed. If acquisitions from more than BNSF and RTD are needed, additional fee will need to be negotiated. - BNSF’s interest in the railroad property that the pedestrian bridge will cross over is a reservation out of a quit claim deed that reserves the right of BNSF to, amongst other things, freight rail purposes. As a result, it is anticipated that some kind of permission instrument for the pedestrian bridge will need to be negotiated, possibly acquired, from BNSF. Task 7.2 Conduct Acquisition Negotiations and Coordinate with Engineering Design and Separate Negotiation of Construction and Maintenance Agreement Negotiate consensual agreements for the acquisition of the easements, or other real estate agreements needed from BNSF and RTD based on waiver valuations. Historically, BNSF and RTD need to know and understand the design of improvements to be constructed in the easement and the impacts on their rail facilities before they will enter into meaningful negotiations on the easement agreements. Also, BNSF, and possibly RTD, require separate construction and maintenance agreements (C&M) that define the rights and responsibilities of the City and the rail entities during construction of the improvements. The easement agreements and C&M agreements are separate, but related agreements. SEH is responsible for the engineering design and for negotiation of the C&M agreements. HDR will need to coordinate with SEH, BNSF, RTD and the City on these joint efforts for negotiation of the easements. losings for these easements will likely not be handled through the subconsultant title company. Deliverables: ➢ Signed easement agreements, or other real estate agreements. ➢ Justification for administrative settlements and other City required settlement forms. ➢ Negotiation logs. Assumptions: - Negotiations with BNSF and RTD can be complex, time consuming and sometimes frustrating, if the entities are not responsive. For this reason, negotiations of the easements needed from SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 10 BNSF and RTD have been broken out as a separate task. Task 7.3 File Maintenance, QA/QC Review and Submittal One hard copy file will be maintained by HDR for each acquisition. At a minimum, the file will contain: the notice of intent to acquire, appraisal or value finding; offer letter; closing documents; typed and signed negotiation logs of contacts with owners; and the related correspondence regarding the parcel acquisition. Upon completion of each acquisition, files will be finalized, QC’d and delivered to the City. Deliverables: ➢ Final files – hard copy and digital Assumptions: - Two (2) final files will be needed. TASK 8: REAL ESTATE ASSISTANCE FOR JUCHEM IRRIGATION DITCH RELOCATION Task 8.1 Real Estate Assistance for Juchem Irrigation Ditch Relocation Assist SEH with its negotiation with the Juchem Irrigation Ditch Company for the relocation of the portion of the Juchem Irrigation Ditch impacted by the project. If a real estate component is included with such relocation, assist with negotiating and preparing the required real estate documents to facilitate the relocation. Deliverable: ➢ Real estate documents associated with the ditch relocation, if required. Assumptions: - This task assumes that a real estate component is included with the Juchem Irrigation Ditch relocation. CONDEMNATIONS Support for Condemnation Actions If condemnations are filed, HDR may be requested to provide services to support the condemnation, including testimony at depositions and hearings, participation in litigation preparation and strategy meetings, participation in mediations or other alternative dispute resolution efforts, and preparation of exhibits and trial exhibits. No fee proposal is included for this task because it is difficult to predict how many, if any, condemnations will be filed. If condemnations are filed and HDR is requested to provide support services for such condemnations, a separate fee will need to be negotiated for such services. Assumptions: - Aside from the possible fees for HDR condemnation support services described herein, the City will be responsible for all other costs of condemnations, including court filing fees, attorney’s fees, and court costs. SCOPE OF WORK RIGHT OF WAY FOR ELEVATED MULTI-USE TRAIL, PLAZA & BRIDGE July 29, 2022 CONTRACT MODIFICATION – URA ROW PROCESS 11 ROW PROJECT SCHEDULE The HDR team will work with Wheat Ridge to develop a schedule for the tasks described herein. HDR will monitor progress on the schedule and work with Wheat Ridge to update it, if needed. City of Wheat Ridge - ROW for Trail, Plaza Bridge Project, Contract Modification #2 (Federal-aid ROW Process)Fee Estimate 7/29/2022 HDR Labor Staff Name Jamieson Lee Bartell Sanchez Wood Pietri Dennis Braden Fisher Billing Category Project Manager IV Project Manager III Project Manager I Right-of-Way Specialist Right-of-Way Specialist Planner I Right-of-Way Specialist Planner I Financial Analyst Billing Rate $206.40 $170.77 $114.65 $97.01 $75.04 $104.88 $83.42 $131.11 $110.03 1 ROW PROJECT MANAGEMENT, MEETINGS AND COORDINATION 47 12 8 4 4 2 2 4 46 129.00 $19,317.86 1.1 Subconsultant Management 2 2 4 2 10.00 $1,315.34 1.2 Invoicing 5 20 25.00 $3,232.60 1.3 External Project Coordination Meetings 36 4 2 24 66.00 $10,983.50 1.4 Internal Coordination 6 6 4 4 4 2 2 28.00 $3,786.42 2 TITLE COMMITMENTS 0 0 0 2 2 0 0 0 0 4.00 $344.10 2.1 Coordinate and Review Title Documents 2 2 4.00 $344.10 3 ROW PLANS AND LEGAL DESCRIPTIONS 6 8 0 0 0 0 0 0 0 14.00 $2,604.56 3.1 Right of Way Plans and Legal Descriptions 6 8 14.00 $2,604.56 4 PARCEL VALUATIONS 2 0 42 0 0 0 0 0 0 44.00 $5,228.10 4.1 Appraisals and Appraisal Review 2 28 30.00 $3,623.00 4.2 Landowner Apprasial Review 14 14.00 $1,605.10 5 ACQUISITION NEGOTIATION FOR NON- RAIL OWNERS 8 12 0 132 110 24 0 0 0 286.00 $27,277.28 5.1 Preparation and Delivery of Acquisition Documents 4 24 20 8 56.00 $5,351.16 5.2 Conduct Acquisition Negotiations 8 8 96 80 8 200.00 $19,172.56 5.3 File Maintenance, QA/QC Review and Submittal 12 10 8 30.00 $2,753.56 6 CLOSINGS FOR NON-RAIL LANDOWNERS 0 2 0 2 2 4 44 0 0 54.00 $4,775.64 6.1 Coordinate Closings with Title Company or Prepare Condemnation Package for Attorneys 2 2 2 4 44 54.00 $4,775.64 7 ACQUISITION NEGOTIATION FOR EASEMENT(S), OTHER REAL ESTATE AGREEMENTS WITH RTD AND BNSF RR 4 22 10 32 0 10 0 0 0 78.00 $9,882.16 7.1 Preparation and Delivery of Acquisition Documents 2 4 8 16 4 34.00 $3,984.76 7.2 Conduct Acquisition Negotiations and Coordinate with Engineering Design and Separate Negotiation of Construction and Maintenance Agreement 2 18 2 12 4 38.00 $5,299.60 7.3 File Maintenance, QA/QC Review and Submittal 4 2 6.00 $597.80 8 REAL ESTATE ASSISTANCE FOR JUCHEM IRRIGATION DITCH RELOCATION 2 4 0 6 0 2 0 0 0 14.00 $1,887.70 8.1 Real Estate Assistance for Juchem Irrigation Ditch Relocation 2 4 6 2 14.00 $1,887.70 Total HDR Labor Hours 69.00 60.00 60.00 178.00 118.00 42.00 46.00 4.00 46.00 623.00 Total HDR Labor Fee $14,241.60 $10,246.20 $6,879.00 $17,267.78 $8,854.72 $4,404.96 $3,837.32 $524.44 $5,061.38 $71,317.40 Direct Expenses $9,657.75 Mileage $200.00 Printing/Reproduction/Postage Fees $150.00 13% Profit $9,271.26 FCCM from PCW $36.49 Subconsultants $94,047.00 Title Company $1,000.00 Precision Surveying & Mapping, Inc.$15,047.00 Appraisal Subconsultant $78,000.00 SUBTOTAL AMENDMENT FEE FEE REMAINING (ORIGINAL CONTRACT) TOTAL AMENDMENT FEE $82,890.61 Subtotal Hours by Task Subtotal Fee by Task $92,131.54 $175,022.15 Page 1 of 1 Project Number Location Firm Name HDR Engineering, Inc.Contract:OLA#:2.Blank Name of Preparer Phone no. Scope of Work Date Type of Proposal: COST PLUS FIXED FEE Contract Term: 1A.LABOR RATES DIRECT LABOR SALARY INDIRECT RATE EMPLOYEE EMPLOYEE COST/HOUR COST (%)MULTIPLIER $/HOUR NAME CLASSIFICATION ( a )( b )( c )( d ) Office Personnel Bartell, Valerie Carissa Right-of-Way Specialist 44.98$ 154.88%2.5488 114.65$ Braden, Lisa A Planner II 51.44$ 154.88%2.5488 131.11$ Dennis, Kate Marie (Kate)Right-of-Way Specialist 32.73$ 154.88%2.5488 83.42$ Fisher, Sandra Folse Financial Analyst 43.17$ 154.88%2.5488 110.03$ Jamieson, Gregory A Project Manager IV 80.98$ 154.88%2.5488 206.40$ Lee, Melinda (Mel)Project Manager III 67.00$ 154.88%2.5488 170.77$ Pietri, Carlos A Planner II 41.15$ 154.88%2.5488 104.88$ Sanchez, Crystal Right-of-Way Specialist 38.06$ 154.88%2.5488 97.01$ Wood, Ian Aloysius Right-of-Way Specialist 29.44$ 154.88%2.5488 75.04$ 1B.LABOR COSTS ESTIMATED LABOR RATE NUMBER OF ESTIMATED EMPLOYEE EMPLOYEE $ / HOUR WORK HOURS COST PER NAME CLASSIFICATION ( d )( e )EMPLOYEE Office Personnel Bartell, Valerie Carissa Right-of-Way Specialist 114.65$ 60.00 6,879.00$ Braden, Lisa A Planner II 131.11$ 4.00 524.44$ Dennis, Kate Marie (Kate)Right-of-Way Specialist 83.42$ 46.00 3,837.32$ Fisher, Sandra Folse Financial Analyst 110.03$ 46.00 5,061.38$ Jamieson, Gregory A Project Manager IV 206.40$ 69.00 14,241.60$ Lee, Melinda (Mel)Project Manager III 170.77$ 60.00 10,246.20$ Pietri, Carlos A Planner II 104.88$ 42.00 4,404.96$ Sanchez, Crystal Right-of-Way Specialist 97.01$ 178.00 17,267.78$ Wood, Ian Aloysius Right-of-Way Specialist 75.04$ 118.00 8,854.72$ TOTAL HOURS 623.00 TOTAL LABOR 71,317.40$ 2. FEE %13.00%FIXED FEE 9,271.26$ FCCM - Office 0.1304%36.49$ FCCM - Field 0.0631%-$ TOTAL 80,625.15$ 3A.OTHER DIRECT COST RATES (IN-HOUSE)*: ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COST Mileage 358 0.56$ 200.48$ *Prior Approval from CDOT Project Manager required SUBTOTAL 200.48$ 3B.OTHER DIRECT COSTS (OUTSIDE)*:ESTIMATED UNIT ESTIMATED ITEM UNITS RATES COST Other Actual Cost 149.52$ *Prior Approval from CDOT Project Manager required SUBTOTAL 149.52$ ODC TOTAL 350.00$ 4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS)ESTIMATED COST Appraisal 78,000.00$ Fidelity National Title Company 1,000.00$ Precision Survey & Mapping, Inc 15,047.00$ 4B.OUTSIDE SERVICES (VENDORS)*:ESTIMATED COST PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Greg Jamieson City of Wheat Ridge - ROW for Trail, Plaza Bridge Project (Modification #2 - Federal Aid ROW Process) Wheat Ridge 1.Blank 303-929-9367 7/29/2022 TBD *Prior Approval from CDOT Project Manager required TOTAL OUTSIDE SERVICES 94,047.00$ 80,975.15$ TOTAL ESTIMATED COST 175,022.15$ FEE REMAINING (ORIGINAL CONTRACT)92,131.54$ TOTAL AMENDMENT FEE 82,890.61$ R. Bradley Martin, Sr. Vice President I am a representative of HDR Engineering, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by CDOT for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs. TOTAL HDR SERVICES DATE SIGNATURETYPED NAME ITEM NO: 7 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF PROVIDING A CONTRIBUTION TO THE WHEAT RIDGE COMMUNITY COALITION FOR EDUCATION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: Per City Council’s direction, the City will contribute funds to support non-profit organizations whose demand for services has increased due to the COVID-19 pandemic using increased general fund reserves from American Rescue Plan Act (ARPA) funding. This supplemental budget appropriation will provide $20,000 in funding to the Community Coalition for Education to support students and families impacted by the pandemic. PRIOR ACTION: During the April 4, 2022 Study Session, City Council provided consensus to move forward with ARPA funding for the following initiatives: 1. COVID-19 mitigation and prevention 2. Assistance to households 3. Assistance to nonprofits who have faced significant challenges CAF – Wheat Ridge Community Coalition for Education Contribution August 22, 2022 Page 2 4. Behavioral healthcare 5. Preventing and responding to violence FINANCIAL IMPACT: As discussed on April 4, 2022, 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 received the remaining $3.9 million in June 2022. The purpose of the funding is to: • Fight the pandemic and support families and businesses struggling with its public health and economic impacts, • Maintain vital public services, even amid declines in revenue, and • Build a strong, resilient, and equitable recovery by making investments that support long- term growth and opportunity. U.S. Treasury Department guidance will allow the City to accept its full allocation as a contribution towards “lost revenue,” which enables the City to appropriate the funding for general government services. This funding therefore increases the General Fund unrestricted fund balance meaning there is no negative financial impact when Council appropriates these funds for uses as directed at the April 4, 2022 Study Session. BACKGROUND: At 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. Staff informed Council that budget supplemental requests would be presented as necessary to fulfill the plan as presented. This budget supplemental request funds the following program: 1. Wheat Ridge Community Coalition for Education - $20,000 The mission of the Coalition is to support a network of thriving schools across Wheat Ridge to strengthen the future of our kids, our families and our community. The vision of the Coalition is: • We make sure that all Wheat Ridge residents and families know that there is a thriving network of support from Wheat Ridge schools, the city and community partners. • We foster engagement and strengthen relationships and partnerships within and across our network of schools and our community. • We help connect residents with the resources they need to thrive through partnerships between community partners, the City of Wheat Ridge, and schools. • We bring community organizations, the city and schools together to promote and support one another. RECOMMENDATIONS: Staff recommends approval of this budget supplemental request. CAF – Wheat Ridge Community Coalition for Education Contribution August 22, 2022 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 36-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of providing a contribution to the Wheat Ridge Community Coalition for Education.” Or, “I move to postpone indefinitely Resolution No. 36-2022, a resolution amending the Fiscal Year 2022 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of providing a contribution to the Wheat Ridge Community Coalition for Education for the following reason(s)_____________________________.” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF PROVIDING A CONTRIBUTION TO THE WHEAT RIDGE COMMUNITY COALITION FOR EDUCATION WHEREAS, the City has received $7.9 million in American Rescue Act Plan (ARPA) funding to help the community recover from the pandemic; and WHEREAS; the City Council recognizes the increased demand for services placed upon certain non-profit organizations in the community; and WHEREAS; the City Council wishes to appropriate a portion of this ARPA funding to the Wheat Ridge Community Coalition for Education; and WHEREAS, insufficient appropriations in the 2022 Budget exist to cover these expenditures; 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: Section 1. A transfer of $20,000 is approved from the General Fund undesignated reserves to account 01-102-700-780 DONE AND RESOLVED this 22nd day of August 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 8 DATE: August 22, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 37–2022 - A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $11,159 FOR THE PURPOSE OF ACCEPTING THE 2022-23 EDWARD BYRNE JUSTICE ASSISTANCE GRANT 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 received an Edward Byrne Justice Assistance Grant (JAG) award for $11,159 from the Department of Justice, Office of Justice Programs. The Police Department plans to use the grant to cover overtime costs associated with targeted efforts to reduce crime within the I-70 and Kipling corridor and to provide resources for those experiencing homelessness in this area. Grant requirements include advising City Council of the award as well as seeking input from community members on the proposed use of the grant funds. PRIOR ACTION: None FINANCIAL IMPACT: JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice and criminal justice related research and evaluation activities that improve or enhance: • Law enforcement programs Council Action Form – Acceptance of JAG Grant August 22, 2022 Page 2 • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation and technology improvement programs • Crime victim and witness programs (other than compensation) The department cannot use the grant funding to replace or supplant nonfederal funds which have been secured for the same purpose. JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. BACKGROUND: The area of I-70 and Kipling Street in Wheat Ridge has been a source of crime and perceived crime for numerous years and continues to be a target for improvement for the Wheat Ridge Police Department. I-70 and Kipling is a primary location for criminality such as littering, drug and alcohol use, and nuisance and code violations. Several motels are located in this area which brings another host of issues including drug use and sales, prostitution, weapons violations, vehicle theft, and other pattern crimes such as robbery, burglary, and vehicle trespasses. The issues surrounding the I-70 and Kipling corridor have also created concern for businesses. Owners are worried that persons experiencing homelessness and drug use negatively impacts their businesses. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 37-2022, a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,159 for the purpose of accepting the 2022-23 Edward Byrne Justice Assistance Grant.” Or, “I move to postpone indefinitely Resolution No. 37-2022, a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,159 for the purpose of accepting the 2022-23 Edward Byrne Justice Assistance Grant for the following reason(s) _____________________________________.” REPORT PREPARED/REVIEWED BY: Chris Murtha, Chief of Police Patrick Goff, City Manager Council Action Form – Acceptance of JAG Grant August 22, 2022 Page 3 ATTACHMENTS: 1. Resolution No. 37-2022 2. Staff Report, August 12, 2022 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 37 Series of 2022 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $11,159 FOR THE PURPOSE OF ACCEPTING THE 2022-23 EDWARD BYRNE JUSTICE ASSISTANCE GRANT WHEREAS, the City of Wheat Ridge shall serve as point of contact and grant administrator for the Justice Assistance Grant Program, hereafter referred to as JAG, from the U.S. Department of Justice for the amount of $11,159; and WHEREAS, JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities that improve or enhance: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation); and, WHEREAS, purchasing and accounting methods will be in accordance with the subgrantee governing jurisdiction’s established policies and ordinances that govern the requisition and purchase of equipment and supplies; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the acceptance of the Justice Assistance Grant funded by the U.S. Department of Justice and the amendment of the grant fund revenues accordingly. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. C. The City Council authorizes an amendment to account number 01-202-600-610 in the amount of $11,159 overtime costs associated with targeted efforts to reduce crime within the I-70- and Kipling corridor and to provide resources for those experiencing homelessness in this area. ATTACHMENT 1 DONE AND RESOLVED THIS 22nd day of August 2022. __________________________ Bud Starker, Mayor ATTEST: _____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 2