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Home My WebLink About12-12-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO December 12, 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 December 12, 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: 871 4949 8241 Passcode: 779962 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 December 5, 2022 Study Session Notes APPROVAL OF AGENDA CITY COUNCIL AGENDA: December 12, 2022 PROCLAMATIONS AND CEREMONIES Wheat Ridge 101 Graduation Introduction of Wheat Ridge Police Department Officers PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 19-2022 - an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title 2. Council Bill No. 21-2022 – an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) (Case No. WZ-22-08) 3. Council Bill No. 22-2022 – an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions ORDINANCES ON FIRST READING NONE DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to approve installation of traffic calming devices on Dudley Street between 32nd Avenue and 38th Avenue in accordance with the neighborhood traffic management program 5. Resolution No. 46-2022 – a resolution approving an agreement with Mile High Flood District regarding funding of major drainageway planning for Clear Creek at Kipling to Wadsworth update 6. Resolution No. 45-2022 – a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $31,273 for the purpose of approving an intergovernmental CITY COUNCIL AGENDA: December 12, 2022 agreement concerning crisis and withdrawal management services (detox) by and between Jefferson Center for Mental Health, Jefferson County and the Cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster 7. Motion to adopt the 2023 City Council Meeting Calendar CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting December 5, 2022 Mayor Bud Starker called the Study Session to order at 6:30 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members (eight) of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present Scott Ohm, Amanda Weaver, Judy Hutchinson, Korey Stites, Valerie Nosler Beck, Janeece Hoppe, Leah Dozeman, and Rachel Hultin. Also present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney, Gerald Dahl; City Manager Patrick Goff; Chief of Police, Chris Murtha; WR Police Department; Assistant to the City Manager, Marianne Schilling; Director of Parks and Recreation, Karen O’Donnell, Lauren Mikulak, Interim Director of Community Development; more than a dozen presenters for the two items on tonight’s agenda; interested citizens and guests. Public’s Right to Speak Susan Woods, 3936 Simms St., a WR resident and a professional urban planner, came to support the strategic plan that will be presented tonight, to address the housing crisis, affordable housing and show her support for the City’s efforts. Wheat Ridge has changed dramatically in the past few decades with population turnover and a trend toward young families living among older residents. WR also has precious little open land for development. Consequently, this planning process is essential, and the staff and czb have done a good job. 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 School of Mines Tabor Lake Trail Presentation Issue Throughout 2022, a Colorado School of Mines Capstone Project student team has conducted public engagement, assessed the area around Tabor Lake, and developed a design proposal for an accessible, safe, and stable trail around Tabor Lake with related amenities. Their final project presentation on 12/5 will provide a concise project overview. Staff Reports Grant and Special Project Administrator Brandon Altenburg, delivered to Council a detailed presentation about this item, and the next steps for bringing it to Council. While the student work product cannot be accepted and approved as engineering plans, the professional engineers who will review, approve, and “stamp” the work, the student work can be provided to a professional engineering firm as baseline work and guidance to develop stamped plans. The City has earmarked ARPA funds for the design and construction of the Tabor Lake Trail and recently learned that Jeffco Open Space Trails Partnership Funds will also be awarded to help fund this trail project. In 2023, the Department plans to contract with a design firm to complete the trail design. Trail construction will follow shortly thereafter Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with the team from School of Mines, and with staff, who answered their questions in detail. CM universally thanked staff for their hard work on this and gave special thanks and appreciation to the team from the Colorado School of Mines, who came to present this plan as one step in their senior capstone project. CM recognized the student team for an excellent presentation and a phenomenal job of engineering planning. 2. Affordable Housing Strategy and Action Plan Issue This study session is a follow-up to the August 15, 2022, discussion of the Affordable Housing Strategy and Action Plan. The purpose of this December 5 study session is for City Council to: • Review a draft Affordable Housing Strategy and Action Plan (the “Strategy”). • Provide feedback on the recommended policies, principles, and actions; and • Advance towards City Council adoption of the Strategy (early 2023). Staff Reports Jeff Hirt, Senior Neighborhood Planner addressed to Council that affordable housing is one of the City and State’s most pressing issues. The Colorado Department of Local Affairs (DOLA) awarded the City a grant in October 2021 to complete an Affordable Housing Strategy and Action Plan. A contract was awarded to the consultant team from czb, LLC on April 8, 2022, to lead the project. Councilmembers had questions and comments: Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff and the czb consultant team, who answered their questions in detail. The czb presentation, supported by a detailed and informative slide deck, generated several complex questions about what kind of housing might add to the affordable housing inventory and what family income levels are able to live in Wheat Ridge, whether renters or homeowners. CM and czb discussed several methods for making development of affordable housing attractive to developers and likely to appreciably increase the inventory of affordable housing in the City. For instance, would creating an R-4 zone for town houses work well here in WR? CM universally thanked staff and czb for their hard work on this planning process. Mayor Starker asked for a consensus to direct staff to return to Council with plans to implement the recommendations in the czb presentation and written documents submitted to Council in this meeting packet. Consensus attained. 3. Staff Report(s) Nothing further. 4. Elected Officials’ Report(s) CM Hoppe asked all who can to support the organizations benefitting from Colorado Gives Day. Mayor Starker invited the public to the next Coffee with the Mayor, Saturday, December 9 at Vinola’s Italian Deli on 38th Ave. 1 block west of Wadsworth. ADJOURNMENT The Study Session adjourned at 8:52 p.m. APPROVED BY CITY COUNCIL ON December 12, 2022.                                                           Steve Kirkpatrick, City Clerk                                                  Korey Stites, Mayor Pro Tem ITEM NO: 1 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2022 - AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR FINAL SUBDIVISION PLATS, AND IN CONNECTION THEREWITH, ADDRESSING RACE AND RELIGION-BASED COVENANTS ON TITLE PUBLIC HEARING ORDINANCES FOR 1ST READING (10/10/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This Ordinance amends the City’s land use code to require that a plat note be affixed on resubdivisions of property advising that race and religion-based covenants on real property are illegal and unenforceable. PRIOR ACTION: On July 25, 2022, Council adopted Resolution No. 33, a resolution declaring race and religion- based covenants on real property within the City to be illegal and unenforceable. City Council approved this ordinance on first reading on October 10, 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: There is no cost to the City for enacting this Ordinance. CAF – Race and Religion Based Covenants on Title December 12, 2022 Page 2 BACKGROUND: 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 religion or race. In Shelley v. Kraemer, the Supreme Court of the United States struck down race-based covenants as illegal and judicially unenforceable. 334 U.S. 1 (1948). The Supreme Court of Colorado, relying on Shelley v. Kraemer, likewise ruled that restrictive covenants based on race were unenforceable. Capitol Fed. Sav. & Loan Ass'n 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. RECOMMENDATION: Staff recommends approval of the Ordinance to declare race and religion-based covenants illegal and unenforceable and to require a plat note be affixed to final resubdivision plats concerning the same. RECOMMENDED MOTION: “I move to approve Council Bill No. 19-2022, an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title, and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 19-2022, an ordinance amending Article IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning requirements for final subdivision plats, and in connection therewith, addressing race and religion-based covenants on title for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 19-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 19 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REQUIREMENTS FOR FINAL SUBDIVISION PLATS, AND IN CONNECTION THEREWITH, ADDRESSING RACE AND RELIGION-BASED COVENANTS ON TITLE 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 Article IV of Chapter 26 of the Wheat Ridge Cde of Laws concerning subdivision regulation; and WHEREAS, on July 25, 2022, the Council adopted Resolution No. 33, a resolution declaring race and religion-based covenants on real property within the City to be illegal and unenforceable, and in connection therewith directing City staff to take certain actions in relation thereto; and WHEREAS, the resolution directed City staff to bring forward for Council consideration an ordinance amending the City's Land Use Code to require that a plat note be affixed on resubdivisions of property advising that race and religion-based covenants on real property are illegal and unenforceable. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-410 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new subparagraph C.1.l, as follows: Sec. 26–410. Application contents. A. Application contents . . . B. Form of final plat . . . C. Content of final plat 1. Project information a. Title of document . . . k. Case history box with reference case numbers, and l. PLAT NOTE IN THE FORM OF, AND IF REQUIRED BY, CODE SECTION 26-421 DECLARING RACE OR RELIGION-BASED ATTACHMENT 1 COVENANTS ON THE SUBJECT PROPERTY, IF ANY, TO BE ILLEGAL AND UNENFORCEABLE Section 2. . The Wheat Ridge Code of Laws is amended by the addition of a new Section 26-421, to read as follows: Sec. 26-421 Plat notes concerning race and religion-based covenants. In the event the property which is subject to subdivision or resubdivision pursuant to this Article IV is determined by the community development director in his or her reasonable opinion to be subject to or burdened by any pre-existing race or religion- based covenants, as the same have been declared illegal and unenforceable by the United States Supreme Court in Shelley v Kraemer, 334 US 1 (1948), the Colorado Supreme Court in Capital Federal Savings and Loan Association v. Smith, 316 P2d 252 (1957), the Colorado state legislature pursuant to CRS §38-30-169, and the Wheat Ridge City Council by Resolution No. 33, Series 2022, the form of final plat required by Code Section 26-410.C shall include the following plat note: TO THE EXTENT THE REAL PROPERTY WHICH IS THE SUBJECT OF THIS PLAT CONTAINS A RACE AND/OR RELIGION-BASED RESTRICTIVE COVENANT, PURSUANT TO SHELLEY V KRAEMER, 334 US 1 (1948), CAPITAL FEDERAL SAVINGS AND LOAN ASSOCIATION V. SMITH, 316 P2d 252 (1957), CRS §38-30- 169, AND RESOLUTION NUMBER 33, SERIES 2022 OF THE WHEAT RIDGE CITY COUNCIL, ANY SUCH COVENANT IS ILLEGAL AND UNENFORCEABLE, AND MAY BE REMOVED BY PRIVATE OWNERS PURSUANT TO CRS 38-30-169-170. Section 3. 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 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of October 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 December 12, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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: October 13, 2022 Second Publication: December 15, 2022 Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2022 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7525 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-22-08) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/14/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Interim Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7525 W. 44th Avenue. The zone change will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 3, 2022 and recommended approval. The staff report and a copy of the draft Planning Commission minutes are attached. City Council approved this ordinance on first reading on November 14, 2022. A motion was made by Councilmember Ohm and seconded by Councilmember Dozeman and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-22-08. If the Council Action Form – Proposed Rezoning at 7525 W. 44th Avenue December 12, 2022 Page 2 rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees or sales tax. BACKGROUND: The subject property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue (Exhibit 1, Aerial). The site is zoned Commercial-One (C-1) and is largely surrounded by C-1 and Mixed Use-Commercial (MU-C) zoning (Exhibit 2, Zoning Map). To the northeast, the site is adjacent to Residential-Two (R-2) zoning which is a City-owned parcel containing Apel-Bacher Park. Other surrounding land uses are non-residential in nature, including a propane business, the former Bank of the West (now owned by the City and functioning as a construction office for the Improve Wadsworth Project) and the office building owned by the applicant, Foothills Regional Housing. Recent development projects in the area include Town Center and Town Center North Apartments to the southeast at 44th and Vance. According to the ALTA survey submitted by the applicant, the property is 108,429 square feet (2.489 acres) in size. The property contains a single-story commercial structure which dates to 1972, is approximately 26,600 square feet in size, and was most recently a Pep Boys business. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Improve Wadsworth Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property line was required for this property as part of the roadway project. This site is part of the Wadsworth Corridor Urban Renewal Plan Area (URPA) and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. Current Zoning The current zone district, C-1, is a legacy zone district dating back to 1972 and was established to provide commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district does not allow residential development. It was originally designed for and is more often seen on larger properties with adjacency to lower density residential uses. Proposed Zoning The applicant is requesting a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The MU-C zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. In addition, the MU-C zoning will provide more uniform zoning in this area and on the block. The City legislatively rezoned a portion of the Wadsworth Corridor to MU-C in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the Council Action Form – Proposed Rezoning at 7525 W. 44th Avenue December 12, 2022 Page 3 boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of the rezoning, and the only two parcels that opted out were the subject property and the adjacent property (the Pep Boys and Bank of the West parcels). A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, and to achieve more uniform zoning on the block. A full analysis of the zone change criteria are provided in the attached Planning Division staff report. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is ultimately recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2022, an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) on second reading, order it published, and that it take effect 15 days after final publication.” or, “I move to deny Council Bill No. 21-2022, an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C), for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner I Lauren Mikulak, Planning Manager, Interim Community Development Director Patrick Goff, City Manager Council Action Form – Proposed Rezoning at 7525 W. 44th Avenue December 12, 2022 Page 4 ATTACHMENTS: 1. Council Bill No. 21-2022 2. Staff Report 3. Planning Commission Meeting Minutes (11/03/22) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 21 ORDINANCE NO. _________ Series of 2022 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7525 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-22-08) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Foothills Regional Housing has submitted a land use application for approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for property located at 7525 W. 44th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates the area along Wadsworth, including the subject site, as a priority for improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 3, 2022 and voted to recommend approval of rezoning the property to Mixed Use-Commercial (MU-C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Foothills Regional Housing for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7525 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL ONE: THE SOUTH 320 FEET OF BLOCKS 5 AND 6, COULEHAN GRANGE; EXCEPT THE EAST 148.4 FEET OF THE SOUTH 145 FEET OF SAID BLOCK 5; EXCEPT THE EAST 243 FEET OF THE NORTH 120 FEET OF THE SOUTH 320 FEET OF SAID BLOCK 5; EXCEPT THE EAST 35 FEET OF SAID BLOCK 5; EXCEPT THE WEST 10 FEET OF THE SOUTH 150 FEET OF SAID BLOCK 6; EXCEPT THE WEST 22 FEET OF THE NORTH 170 FEET OF THE SOUTH 320 FEET OF SAID BLOCK 6 EXCEPT THE SOUTH 10 FEET OF BLOCKS 5 AND 6; EXCEPT THE WEST 175 FEET OF THE SOUTH 150 FEET OF SAID BLOCK 6, EXCEPT THAT PORTION OF SUBJECT PROPERTY GIVEN TO CITY OF WHEAT RIDGE IN FINAL RULE & ORDER RECORDED APRIL 12, 2022 AT RECEPTION NO. 2022034802, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL TWO: A NONEXCLUSIVE EASEMENT FOR ROADWAYS, WALKWAYS, INGRESS AND EGRESS, AS SET FORTH IN THE AGREEMENT RECORDED MARCH 30, 1972 IN BOOK 2358 AT PAGE 384 IN THE RECORDS OF JEFFERSON COUNTY, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of November, 2022, ordered it published with Public Hearing and consideration on final passage set for Monday, December 12, 2022 at 7:00 o’clock p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado if allowed to meet in person on that date per COVID-19 restrictions, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2022. SIGNED by the Mayor on this _______ day of _______________, 2022. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: November 17, 2022 2nd publication: December 15, 2022 Jeffco Transcript: Effective Date: City Council 1 Case No. WZ-22-08 / Pep Boys Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: November 3, 2022 (Planning Commission) / December 12, 2022 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner I CASE NO. & NAME: WZ-22-08 / Pep Boys Rezone ACTION REQUESTED: Approval of a zone change from Commercial-One (C-1) to Mixed Use- Commercial (MU-C) LOCATION OF REQUEST: 7525 W. 44th Avenue APPLICANT / OWNER: Foothills Regional Housing (Aaron Kloke, Representative) APPROXIMATE AREA: 108,429 square feet (2.489 acres) PRESENT ZONING: Commercial-One (C-1) COMPREHENSIVE PLAN: Primary Commercial Corridor ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site WA D S W O R T H B L V D . VA N C E S T . W 44TH AVE. ATTACHMENT 2 City Council 2 Case No. WZ-22-08 / Pep Boys Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I.REQUEST The owner of the property at 7525 W. 44th Avenue is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that matches surrounding zoning designations in all directions, as well the character of the Wadsworth Corridor. Foothills Regional Housing intends to redevelop the property for residential use, which is not permitted in C-1 but is a permitted use in the MU-C zone district. II.EXISTING CONDITIONS The subject property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue (Exhibit 1, Aerial). The site is zoned Commercial-One (C-1) and is largely surrounded by C-1 and Mixed Use-Commercial (MU-C) zoning (Exhibit 2, Zoning Map). To the northeast, the site is adjacent to Residential-Two (R-2) zoning which is a City-owned parcel containing Apel-Bacher Park. Other surrounding land uses are non-residential in nature, including a propane business, the former Bank of the West (now owned by the City and functioning as a construction office for the Wadsworth Improvement project) and the office building owned by the applicant, Foothills Regional Housing. Recent development projects in the area include Town Center and Town Center North Apartments to the southeast at 44th and Vance. According to the ALTA survey submitted by the applicant, the property is 108,429 square feet (2.489 acres) in size. The property contains a single-story commercial structure which dates to 1972, is approximately 26,600 square feet in size, and was most recently a Pep Boys business. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property line was required for this property as part of the roadway project. This site is part of the Wadsworth Corridor Urban Renewal Plan Area (URPA) and exempt from the City Charter height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. III. PROPOSED ZONING The applicant is requesting a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses. The property is currently zoned C-1 which is one of the City’s legacy commercial zone districts. This district is established to provide for a wide range of commercial land uses which include office, general business, and retail sales and service establishments. The C-1 zone district does not allow residential development. The applicant intends to rezone the property to allow a wider range of uses and to align the property’s zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”), the City Council 3 Case No. WZ-22-08 / Pep Boys Rezone Wadsworth Corridor Subarea Plan (the “Corridor Plan”), and other properties on the corridor. (Exhibit 3, Applicant Letter). The applicant has stated they believe the zone change would bring the property into conformance with the surrounding zoning designations, since most properties are zoned mixed use. The proposed use of the site for residential use is not allowed in C-1 which is emblematic of how the corridor has outgrown the C-1 zone district. The MU-C district would provide more flexibility and would help bring the site into conformance with long term goals for the corridor. The current C-1 zoning is reflective of long-standing commercial uses in the City. The C-1 zoning dates back to the City’s original 1972 zoning map. The MU-C and C-1 districts have some similar development standards with permitted uses being the most notably different with MU-C allowing a wider range of uses. The C-1 zone district allows a wide range of commercial land uses which include office, general business, and retail sales and service establishments. In the C-1 district, residential uses are prohibited. By contrast, MU-C zoning allows residential uses, commercial uses, or a mix of the two, and the permitted retail uses are greater in number. The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of the rezoning, and the only two parcels that opted out were the subject property and the adjacent property (the Pep Boys and Bank of the West parcels). A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, and to achieve more uniform zoning on the block. A summary of the MU-C zone district as it compares to C-1 is provided below. PROPOSED ZONING Mixed Use-Commercial (MU-C) CURRENT ZONING Commercial-One (C-1) Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Allows commercial uses – includes office, general business, retail sales, and service establishments Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Architectural and Site Design Manual standards apply Max. Building Height 6 stories (90’) if the building is mixed use 4 stories (62’) if the building is single use 50’ Max. Lot coverage 90% for mixed use 85% for single use 80% Min. Landscaping 10% for mixed use 15% for single use 20% Build-to Area 0-20’ along primary and secondary frontages 0-12’ along primary frontage Setbacks Side: 0’ Rear: 5’ West (front): 50’ North (side): 0’ South (side): 30’ East (rear): 10’ Residential Density Exempt from density limitations n/a City Council 4 Case No. WZ-22-08 / Pep Boys Rezone IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base its decision in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns on Wadsworth Boulevard, the MU-C zone district is more appropriate than C-1 in terms of allowed land uses and intensity. For that reason, the zone change should not have an adverse effect on the surrounding area. Instead, the MU-C zoning is expected to add value to the subject property by expanding development potential in terms of use and form. The mixed-use development standards will support compatibility between future redevelopment and existing land uses. In addition, design standards for MU-C are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 5, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically, for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the property, by City Council 5 Case No. WZ-22-08 / Pep Boys Rezone expanding the permitted uses on the property, and by aligning the zoning with the City’s mixed-use goals for this corridor. The subject site is also part of the Wadsworth Corridor Urban Renewal Plan Area (URPA). The urban renewal plan for that URPA was adopted in 2001 and calls for a framework that encourages private development, development of uses that serve a regional market area while maintaining uses that serve specific local market demands, improvements to vehicular circulation and pedestrian movement, new development and redevelopment with superior urban design features, and the elimination of blight in the redevelopment area. This zone change request would support and would enable any redevelopment to meet these goals. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current C-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The Wadsworth Corridor has evolved significantly since the original C-1 zoning and original development. The land uses along Wadsworth are evolving to be more compatible with the regional transportation purposes this street serves. Commercial and multifamily investments along the corridor continue and are expected to continue as the City invests in the road improvements and streetscape. The remaining C-1 zoning along Wadsworth does not reflect the reality of the corridor as a major regional arterial primarily because the list of permitted uses is unreasonably limited for this context, making it difficult to attract tenants or reinvest in the property. This reasoning was the basis for the legislative rezoning in 2011. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING City Council 6 Case No. WZ-22-08 / Pep Boys Rezone Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on November 23, 2021. This meeting was advertised and conducted as a virtual meeting on Zoom. Five individuals from the public attended the virtual meeting in addition to the applicant and staff (see Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No comments. Wheat Ridge Engineering Division: No comments. West Metro Fire Protection District: No objections. Any future development would be referred to the district for review and approval. Xcel Energy: No objections. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Wheat Ridge Water District: No comments received. Any future development would be referred to the district for review and approval. Wheat Ridge Sanitation District: No objections. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-22-08. City Council 7 Case No. WZ-22-08 / Pep Boys Rezone VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-22-08, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 7525 W. 44th Avenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-22-08, a request for approval of a zone change from Commercial-One (C-1) to Mixed-Use Commercial (MU-C) for property located at 7525 W. 44th Avenue for the following reasons: 1. 2. …” City Council 8 Case No. WZ-22-08 / Pep Boys Rezone EXHIBIT 1: AERIAL City Council 9 Case No. WZ-22-08 / Pep Boys Rezone EXHIBIT 2: ZONING MAP Site Recently rezoned to MU-N Note: Updated zoning map is not available due to cyber security incident, see callout above. R-2 City Council 10 Case No. WZ-22-08 / Pep Boys Rezone EXHIBIT 3: APPLICANT LETTER City Council 11 Case No. WZ-22-08 / Pep Boys Rezone City Council 12 Case No. WZ-22-08 / Pep Boys Rezone EXHIBIT 4: NEIGHBORHOOD MEETING City Council 13 Case No. WZ-22-08 / Pep Boys Rezone City Council 14 Case No. WZ-22-08 / Pep Boys Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Primary Commercial Corridor (Wadsworth Boulevard) City Council 15 Case No. WZ-22-08 / Pep Boys Rezone View of the subject property looking north from W. 44th Ave. (Source: Google Maps, March 2022) 2 EXHIBIT 6: SITE PHOTOS View of the subject property looking east from Wadsworth Blvd. (Source: Google Maps, March 2022) Planning Commission Minutes -1 – November 3, 2022 PLANNING COMMISSION Minutes of Meeting November 3, 2022 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair ANTOL at 6:34 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, the City previously approved this meeting format in order to continue with normal business amid the COVID-19 pandemic and the related public emergency orders promulgated by the State of Colorado and the Wheat Ridge City Council. Before calling the meeting to order, the Chair stated the rules and procedures necessitated by this virtual meeting format. 2.ROLL CALL OF MEMBERS Commission Members Present:Melissa Antol Jerry DiTullio Daniel Larson Jonathan Schelke Julianne Stern Commission Members Absent: Kristine Disney Will Kerns Janet Leo Staff Members Present: Lauren Mikulak, Planning Manager Scott Cutler, Senior Planner Alayna Olivas-Loera, Planner I Jordan Jefferies, Civil Engineer II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner STERN and seconded by Commissioner LARSON to approve the order of the agenda. Motion carried 5-0. ATTACHMENT 3 Planning Commission Minutes -2 – November 3, 2022 5.APPROVAL OF MINUTES – July 7, 2022 It was moved by Commissioner SCHELKE and seconded by Commissioner DITULLIO to approve the minutes of July 7, 2022, as written. Motion carried 5-0. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7.PUBLIC HEARING A.Case No. WZ-22-08: an application filed by Foothills Regional Housing for approval of a zone change from Commercial-one (C-1 to Mixed Use-Commercial (MU-C) on a property located at 7525 W. 44th Avenue. Commissioner STERN disclosed that she previously worked for Foothills Regional Housing ending in 2020. Ms. Mikulak asked Commissioner STERN if she has any financial interest in the application and if she can make a fair and impartial decision on the vote. Commissioner STERN confirmed she has no financial interest in the application and can make a fair and impartial decision on the vote. In doing so, she is allowed to remain on the dais because there is no conflict of interest. Ms. Olivas-Loera gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner LARSON asked why Pep Boys opted out of the zoned change in the past. Ms. Mikulak mentioned the City does not have the reason and the property owners can opt out without a reason. Commissioner LARSON inquired why the applicant would not choose to rezone to Mixed-Use Residential due to multi-family housing being proposed at this site. Ms. Olivas-Loera explained that the Comp. Plan has areas from 35th Avenue to 45th Avenue that are designated for more intensive uses, MU-C is reserved for larger properties as this one is and there is other MU-C in the area unifying the zoning on the block. Planning Commission Minutes - 3 – November 3, 2022 Commissioner DITULLIO asked the applicant if there will be some commercial mixed in with in the residential on this site. Aaron Kloke, applicant 11941 W. 48th Ave. Mr. Kloke mentioned that the planning of this site has not gotten to that level of detail because they are waiting to see if the zone change will be approved. Commissioner ANTOL inquired what the difference in parking requirements are. Ms. Mikulak explained that it is difficult to compare existing and proposed zoning requirements because the existing C-1 zoning does not allow residential uses. MU- C allows 1 space per unit, and other parking requirements are less in MU-C than other commercial districts. In response to a question from Commissioner LARSON, Mr. Kloke confirmed that the proximity to the adjacent property and their propane tanks have been taken into consideration for future planning. He also mentioned that planning will be done around the current park in the area. Mr. Kloke added that they like the urban feel and want the new buildings to interact well with the surrounding area. Public Comment Kathleen Jones, resident 7350 W. 44th Place Ms. Jones mentioned that there was not a lot of detail at the neighborhood meeting or currently on how this project will impact the neighborhood. She has concerns about a possibly tall building obstructing light and concerns about parking. She also inquired if Foothill Regional Housing has any intention of buying the adjacent propane business to increase the land space. Mr. Kloke stated there is no intention to purchase the adjacent propane business. Commissioner ANTOL closed the public comment. Commissioner STERN commented that this application achieves a long-standing legislative intent from 2011 and unifies the zoning along the corridor. She agrees that the Pep Boys building is under utilized and is excited to see a more dynamic use to the site. Commissioner LARSON mentioned he is not quickly convinced that this zone change is a good idea but understands the importance of the corner at 44th and Wadsworth and the character of the intersection will be changed and agrees with it. Planning Commission Minutes - 4 – November 3, 2022 Commissioner ANTOL concurs with both Commissioners STERN and LARSON and believes more modern zoning is needed at this intersection to create an investment. It was moved by Commissioner DITULLIO and seconded by Commissioner SCHELKE to recommend APPROVAL of Case No. WZ-22-08, a request for approval of a zone change from Commercial-One(C-1) to Mixed-Use Commercial (MU-C) for property located at 7525 W. 44thAvenue for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criterial used to evaluate a zone change supports the request. Motion carried 5-0. B. Case No. WZ-22-01: an application filed by Chick-Fil-A for approval of a Specific Development Plan (SDP) on a property zoned Planned Commercial Development (PCD) and located at 3700 Youngfield Street. Mr. Cutler gave a short presentation regarding the Specific Development Plan and the application. He entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. He stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. In response to a question from Commissioner DITULLIO, Mr. Cutler explained that any SDP in a Planned Development is required to be heard at Planning Commission if it is a new building and City Council will not be hearing this case. Commissioner LARSON said the idea of the canopy intrigued him and asked the applicant why it is being built. Steve Schwartz, applicant 105 Progress, Irvine CA Heather Harris, architect 1755 Wittington Place ITEM NO: 3 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2022 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PERMIT COMPOSTING UNDER PRESCRIBED CONDITIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (11/28/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: The City of Wheat Ridge’s Municipal Code includes a definition of “nuisance” in Section 15-25 which could be interpreted to prohibit composting. The purpose of this ordinance is to clarify existing language in the Municipal Code to allow composting. PRIOR ACTION: At the July 11, 2022 City Council meeting, Mayor Pro Tem Hultin shared during Elected Matters that she had worked with Sustainable Wheat Ridge and the City Manager to request that this topic be brought forward at a future study session. Staff returned at the September 26, 2022 study session meeting and presented proposed code amendments with the intent to define and allow composting. City Council approved this ordinance on first reading on November 28, 2022. A motion was made by Councilmember Weaver and seconded by Councilmember Hultin and was approved by a vote of 8 to 0. FINANCIAL IMPACT: N/A Council Action Form – Residential Composting December 12, 2022 Page 2 BACKGROUND: Composting has become an increasingly popular activity and provides households with the opportunity to reduce the amount of waste being sent to landfills, as over 30% of household waste is made up of compostable materials such as food scraps and yard waste. In addition to waste reduction, composting enriches soil and improves its moisture retention, reduces methane emissions from landfills, lowers the carbon footprint of participating households, and increases the resilience of soil to extreme heat and flooding events. The allowance of composting in Wheat Ridge would be in alignment with the City’s 2035 Vision Statement, which states: Wheat Ridge is committed to environmental stewardship so that residents have opportunities to recycle, to compost, to reduce air pollution, emissions, litter, and water waste, and to pursue urban agriculture. Allowing composting also aligns with the following goals from the Wheat Ridge Environmental Sustainability Action Plan (WRESAP): • Solid Waste & Recycling Goal 1: Improve waste management behavior by residents, businesses, and institutions. • Solid Waste & Recycling Goal 2: Reduce negative impacts of waste management on city infrastructure and local environment. • Solid Waste & Recycling Goal 2-B: Update City municipal code to incorporate progressive solid waste management standards. DISCUSSION: During the September 26, 2022 study session, staff presented two proposed code amendments to Chapter 15, Nuisances, of the Municipal Code to define composting and exempt this activity from being considered under the scope of Chapter 15: • Proposed amendment #1: define compostable materials as Compostable materials means discarded materials from any residential or commercial source that are collected separately for the purpose of being composted, or otherwise processed into soil amendment, fertilizer, mulch, sludge, biogas, fuel, or electricity. • Proposed amendment #2: amend Section 15-25 making it clear that the section does not extend to composting, compost, or compostable materials as defined, with language stating Composting, which shall mean the mixing of shredded and decayed organic matter with dirt or earth for the purpose of fertilizing and conditioning soil to support plant growth, shall not be deemed a violation of this section unless it creates a nuisance by means of a foul odor, or other miscellaneous condition. Council provided feedback to staff at this meeting, with some members expressing concern about the potential for compost piles to attract animals and other pests and a desire for additional language on how and where composting should be allowed. Council members also expressed interest in changing the language from “miscellaneous” to “objectionable” conditions in the above proposed amendment #2. Consensus was not provided to include this feedback in the ordinance; however, staff recommends Council Action Form – Residential Composting December 12, 2022 Page 3 making the language change from “miscellaneous” to “objectionable” condition. The attached ordinance reflects that recommendation. Council provided consensus to staff to work with the City Attorney to bring forth an ordinance defining composting and to exempt this activity from the scope of Chapter 15. The following amendments to Chapter 15 are proposed: • Add definitions for Composting and Compostable materials in Section 15-4 • Change the initial proposed language to state “objectionable” instead of “miscellaneous” condition • Add language to Section 15-25(c) to exempt composting from the scope RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2022, an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 22-2022, an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions, for the following reason(s) _________________.” REPORT PREPARED BY; Mary Hester, Sustainability Coordinator Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 22 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PERMIT COMPOSTING UNDER PRESCRIBED CONDITIONS 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 enacted Chapter 15 of the Code of Laws describing and prohibiting nuisance conditions; and WHEREAS, backyard composting has been increasing in popularity as an effective method for households to decrease the amount of household waste that is diverted to landfills; and WHEREAS, there are many benefits of residential composting, including: • food scraps and yard waste make up over 30% of household waste, much of which could be composted; • composting enriches the soil, helping it to retain moisture and suppress plant diseases and pests while reducing the need for chemical fertilizers. Degraded soil releases carbon, but even a one-time application of compost turns soil back into a carbon sink; • composting reduces methane emissions from landfills and lowers the carbon footprint of households; landfilling food scraps produces 20 times the CO2 emissions as composting; • composting increases soil resilience to extreme heat and flooding; and WHEREAS, the allowance of residential composting in Wheat Ridge would create alignment with the City’s agricultural roots. Composting is directly mentioned in the City’s 2035 Vision Statement, which states: Wheat Ridge is committed to environmental stewardship so that residents have opportunities to recycle, to compost, to reduce air pollution, emissions, litter, and water waste, and to pursue urban culture; and WHEREAS, the Wheat Ridge Environmental Sustainability Plan (WRESAP) also supports composting; and WHEREAS, the Council wishes to amend the Code so as to remove the potential for properly performed composting to be considered a nuisance. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED by the City Council of the City of Wheat Ridge, Colorado: Section 1. Section 15-4 of the Code is amended by the addition of the following new definitions in the appropriate alphabetical order: Compostable materials means discarded materials from any residential or commercial source that are collected separately for the purpose of being composted, or otherwise processed into soil amendment, fertilizer, mulch, sludge, biogas, fuel, or electricity. Composting means the mixing of shredded and decayed organic matter with dirt or earth for the purpose of fertilizing and conditioning soil to support plant growth. Section 2. Section 15-25 of the Code is amended to read: It shall be unlawful to: (a) Store upon the property, place upon the property, or allow to remain on the property any trash or garbage, as described for a period in excess of seven (7) days, PROVIDED, HOWEVER, COMPOSTING AND THE STORAGE OF COMPOSTABLE MATERIALS IN THE PROCESS OF COMPOSTING, SHALL NOT BE DEEMED A VIOLATION OF THIS SECTION, PROVIDED THAT COMPOST PILES SHALL BE IN A SEGREGATED AREA, AND SHALL CONTAIN ALTERNATE LAYERS OF PLANT MATERIALS MAINTAINED TO FACILITATE DECOMPOSITION AND PRODUCE ORGANIC MATERIAL TO BE USED AS A SOIL CONDITIONER. NO PERSON WHO MAINTAINS A COMPOST CONTAINER, BIN OR PILE SHALL FAIL TO PREVENT IT FROM BECOMING A NUISANCE DUE TO PUTRID ODORS OR ATTRACTION OF WILDLIFE OR PESTS, INCLUDING, WITHOUT LIMITATION, INSECTS, RODENTS, OR OTHER ANIMALS, OR ANY OTHER OBJECTIONABLE CONDITION. (b) . . . (c) OTHER THAN AS PERMITTED FOR COMPOSTING UNDER SECTION 15-25(a), place or permit to remain anywhere in the city any garbage or other material subject to decay other than leaves or grass, except in a covered metal or plastic container, or in a sealed plastic bag, awaiting pickup and disposal; . . . Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of November 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 December 12, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 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: December 1, 2022 Second Publication: December 15, 2022 Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE INSTALLATION OF TRAFFIC CALMING DEVICES ON DUDLEY STREET BETWEEN 32ND AVENUE AND 38TH AVENUE IN ACCORDANCE WITH THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Interim Community Development Director City Manager ISSUE: Residents on Dudley Street petitioned the City to address traffic issues on the street segment from 32nd Avenue to 38th Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently devised a plan to install speed humps to mitigate the traffic issues. The residents then secured a petition with the necessary number of property-owner signatures supporting the installation of speed humps in accordance with the NTMP policy and are hereby seeking approval for implementation. PRIOR ACTION: None FINANCIAL IMPACT: Funding for this program has been approved in the 2022 Capital Improvement Program Budget. The proposed street modifications can be installed at an estimated cost of $30,000. BACKGROUND: On April 28, 2014, City Council approved the NTMP to systematically address traffic issues on residential streets. The goal of the program is to foster safety and livability in neighborhoods by Council Action Form – NTMP Dudley Street December 12, 2022 Page 2 reducing the negative impact of vehicular traffic and speeding on residential streets. The policy intent is to clearly identify a problem, if one exists, and ensure full support from the affected residents in devising a plan through consensus to a solution(s). The NTMP provides a means and process for residents to request consideration for the installation of traffic calming measures on local streets. Traffic calming measures may include speed humps, curb extensions, signs, speed trailers and enforcement, and other traffic control measures as requested and as applicable. Speeding and safety concerns along this segment of Dudley Street were mentioned numerous times by commenters at public meetings for the Lutheran Campus Master Plan in 2021. Dudley Street was also added to the Police Department’s traffic enforcement list in an effort to curb speeding on the street. On October 5, 2021, Dudley Street residents filed a request to participate in the NTMP program. Upon receipt of the request, the City collected traffic data to determine speed, volume, and vehicle classification for the traffic on the segment. An 85th-percentile speed of 32.2 mph was observed on Dudley Street, which has a speed limit of 25 mph. This is indicative of significant driver noncompliance with the speed limit. A meeting was conducted with the residents on February 2, 2022, to listen to resident concerns, present the traffic data and analysis, and to explore available solutions. The residents shared additional concerns about high school traffic that’s typically comprised of primarily newer, less-experienced drivers. Upon discussion of the traffic data at the neighborhood meeting, the residents elected to move forward with a permanent traffic calming solution. Staff initially explored “horizontal” improvements (e.g. medians, chicanes, etc.), but determined they were not feasible due to the rural cross-section of Dudley Street. Speed humps were determined to be the most effective solution. Staff identified four locations for speed hump installation along the segment. This segment of Dudley Street is not part of an emergency route and is therefore eligible for speed humps in the roadway. In accordance with the NTMP, the City can order speed hump installation if at least 80% of residents on a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for the speed humps as referenced above. The NTMP policy requires Council approval of a proposed project. If approved, the project will quickly go to bid with construction anticipated in early 2023, assuming there are no significant weather delays. RECOMMENDATIONS: Residents of Dudley Street, on the petition segment between 32nd Avenue and 38th Avenue, have satisfied the process outlined in the NTMP policy and throughout the staff evaluation process. As a result, staff recommends moving forward with installation of speed humps on Dudley Street as specifically requested by the residents. RECOMMENDED MOTION: “I move to approve installation of traffic calming devices on Dudley Street between 32nd Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program.” Council Action Form – NTMP Dudley Street December 12, 2022 Page 3 Or, “I move to deny approval of installation of traffic calming devices on Dudley Street between 32nd Avenue and 38th Avenue in accordance with the Neighborhood Traffic Management Program (NTMP) for the following reason(s) ________________________________” REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jordan Jefferies, Civil Engineer Lauren Mikulak, Interim Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed Speed Hump Location Map 437'618'656'498'397' 3515 8705 8700 3450 3470 3435 3303 3275 3296 355537553741 3425 8725 8720 3375 3235 8705 32103258 3535356336053701 3731 3751 37553775 3795 8600 258'193' 110'128' DUDLEY ST - 32ND AVE TO 38TH AVE FINAL SPEED HUMP LAYOUT REVISED 11/09/2022 38 T H A V E N U E SCALE: 1:40 32 N D A V E N U E DUDLEY STREET 35 T H A V E N U E 34 T H A V E N U E 32 N D P L A C E ATTACHMENT 1 DUDLEY ST - 32ND AVE TO 38TH AVE FINAL SPEED HUMP LAYOUT REVISED 11/09/2022 SIGN #1 DETAIL SIGN #2 DETAIL NO PARKING SIGN DETAIL ITEM NO: 5 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 46-2022 – A RESOLUTION APPROVING AN AGREEMENT WITH MILE HIGH FLOOD DISTRICT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________________ ________________________ Interim Community Development Director City Manager ISSUE: The Master Drainageway Plan for Clear Creek within Wheat Ridge needs to be updated to reflect the revised flood maps that have recently been adopted by the State of Colorado. An agreement with the Mile High Flood District needs to be executed to outline the responsibilities and funding obligations to complete the update. PRIOR ACTION: On July 11, 2016, City Council approved an agreement with the Mile High Flood District (MHFD) to revise the Flood Hazard Area Delineation (FHAD) maps based on lower regulatory flows in Clear Creek. FINANCIAL IMPACT: Funding for this project has been approved in the 2022 Capital Improvement Program (CIP) budget, line item 30-302-800-837 in the amount of $25,000. This project will be administered by MHFD. A standard agreement has been prepared by MHFD to address participation by the City in updating the Master Drainageway Plan (MDP) within the City. The estimated cost of the MDP update is $50,000, with MHFD financing 50%. The City is responsible for the remaining 50% or $25,000. Council Action Form – Clear Creek MHFD IGA December 12, 2022 Page 2 BACKGROUND: Clear Creek is a major drainageway traversing the City for about nine miles, spanning from the west City limit to Harlan Street. In addition to parks and open space, land use adjacent to Clear Creek is predominately residential with some areas of industrial and commercial development scattered throughout the basin. The current official flood maps were completed in April 2007 to reflect changes to the drainageway since the last mapping was done in 1986. Those flood maps were adopted as the City’s official maps in early 2014 after having completed the review and approval process with Federal Emergency Management Agency (FEMA). In 2015, the City of Golden and MHFD conducted a preliminary study of the Clear Creek hydrology to confirm that the regulatory flows were correct. The results of that study indicated that a reduction to the regulatory hydrology was warranted, based on the long record of stream gauge data upstream of Golden. As a next step, MHFD prepared a Conditional Letter of Map Revision (CLOMR) based on the reduced hydrology for Clear Creek from its confluence with the South Platte River to upstream of U.S Highway 6. The CLOMR was approved by FEMA in late 2016. MHFD, in cooperation with the Cities of Wheat Ridge and Golden and Jefferson and Adams Counties, proceeded with updating the flood maps (or FHAD) for Clear Creek to reflect the reduced flows. Each agency was responsible for its share of the cost, as determined by creek length that traverses through each jurisdiction. The FHAD has recently been finalized and adopted by the State of Colorado and will eventually become the official floodplain maps after being reviewed and approved by FEMA. The FEMA process is expected to take two to four years. MHFD will manage the update of the Master Drainageway Plan, with the City as a participating partner. The MDP was last updated in 2007 and outlines several potential improvements to the Creek that could reduce maintenance and flood risk. The goal of the MDP update is to confirm that the previously identified improvements that are still suitable given the reduced regulatory flows. With a 30% reduction in the regulatory flows, it is expected that the current MDP improvements could either: 1. Be reduced in scope and still have a similarly beneficial impact on the maintenance and flood risk, or 2. Be kept the same and have a larger positive impact in reducing maintenance and flood risk. The focus for the MDP updates will be the proposed improvements between Kipling and Wadsworth since those improvements are the ones most likely to be impacted by the reduced flows. The updated designs and cost estimates for the MDP improvements will be used to pursue funding to help move the projects forward. Council Action Form – Clear Creek MHFD IGA December 12, 2022 Page 3 RECOMMENDATIONS: Staff recommends approving the agreement with MHFD to update the MDP for Clear Creek within the City so that the MDP will have revised improvements and costs that reflect the new flood maps based on the lower regulatory flows. RECOMMENDED MOTION: I move to approve Resolution No. 46-2022, a resolution approving an agreement with Mile High Flood District regarding funding of Major Drainageway Planning for Clear Creek at Kipling to Wadsworth Update.” Or, “I move to table Resolution No. 46-2022, a resolution approving an agreement with Mile High Flood District regarding funding of Major Drainageway Planning for Clear Creek at Kipling to Wadsworth Update, for the following reason(s)_____________________________________.” REPORT PREPARED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager Lauren Mikulak, Interim Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 46-2022 2. Exhibit A - Agreement regarding funding of Major Drainageway Plan for Clear Creek CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2022 TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH MILE HIGH FLOOD DISTRICT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE WHEREAS, a standard agreement between Mile High Flood District and City of Wheat Ridge has been prepared regarding updating the Major Drainageway Plan for Clear Creek within the City; and WHEREAS, these entities recognize the need for a plan update to reflect the recent changes in the regulatory flows which affect the flood maps since the original plan was done in 2007; and WHEREAS, the estimated cost of the study is $50,000, with the Mile High Flood District financing 50% of the total project; and WHEREAS, the City of Wheat Ridge’s portion of project funds would be 50% of the total project cost in the amount of $25,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. Agreement Approved. The Agreement with the Mile High Flood District regarding funding an update to the Major Drainageway Plan for Clear Creek within the City, in the form attached as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 12th day of December 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Agreement No. 22-10.09 1 AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE Agreement No. 22-10.09 Project No. 108959 Agreement Amount $50,000.00 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT (hereinafter called "DISTRICT") and CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); (hereinafter WHEAT RIDGE shall be known as "PROJECT SPONSOR" and DISTRICT and PROJECT SPONSOR shall be collectively known as "PARTIES"); WITNESSETH THAT: WHEREAS, DISTRICT in a policy statement previously adopted (Resolution No. 14, Series of 1970), expressed an intent to assist public bodies which have heretofore enacted floodplain zoning measures; and WHEREAS, DISTRICT has previously established a Work Program for 2022 (Resolution No. 78, Series of 2021) which includes master planning; and WHEREAS, PARTIES now desire to proceed with development of a drainageway master plan report for Clear Creek at Kipling to Wadsworth Update (hereinafter called "PROJECT"); and WHEREAS, PARTIES desire to acquire mapping needed to conduct the engineering studies for PROJECT; and WHEREAS, PARTIES desire to engage an engineer to render certain technical and professional advice and to compile information, evaluate, study, and recommend design solutions to such drainage problems for PROJECT which are in the best interest of PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1.SCOPE OF AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. 2.PROJECT AREA DISTRICT shall engage an engineer and obtain mapping as needed to perform or supply necessary services in connection with and respecting the planning of PROJECT of the area and watershed shown on the attached Exhibit A dated November 8, 2022, (hereinafter called "AREA"). 3.SCOPE OF PROJECT The purpose of PROJECT is to update the drainageway master plan within AREA. The proposed work shall include, but not be limited to, mapping; compilation of existing data; necessary field work; and development and consistent evaluation of all reasonable alternatives so that the most feasible drainage and flood control master plan can be determined and justified for AREA. EXHIBIT A Agreement No. 22-10.09 2 Consideration shall be given to costs, existing and proposed land use, existing and proposed drainage systems, known drainage or flooding problems, known or anticipated erosion problems, stormwater quality, right-of-way needs, existing wetlands and riparian zones, open space and wildlife habitat benefits, and legal requirements. Schematic alternative plans shall be developed such that comparison with other alternatives can be made. The engineer engaged by DISTRICT shall perform all studies and data gathering needed to prepare the alternatives analysis sections of the master plan report containing a hydraulic analysis discussion, schematics of alternatives developed and their costs along with a discussion of the pros and cons of each alternative and a recommended plan. A single alternative will be selected by PARTIES after the review and evaluation of the alternatives analysis report. The engineer shall be directed to prepare a conceptual design for the selected alternative and prepare the conceptual design section of the master plan report. 4. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 5. PROJECT COSTS PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of, and be limited to, mapping, master planning, and related services and contingencies mutually agreeable to PARTIES. Project costs are estimated not to exceed $50,000.00. 6. FINANCIAL COMMITMENTS OF PARTIES PARTIES shall each contribute the following percentages and maximum amounts for PROJECT costs as defined in Paragraphs 5: Master Plan Maximum FHAD Percentage Share Contribution Contribution DISTRICT 50.00% $25,000.00 - WHEAT RIDGE 50.00% $25,000.00 - TOTAL 100.00% $50,000.00 - Each PARTY’S payment obligation, whether direct or contingent, extends only to funds appropriated annually by each PARTY’S governing body, paid into the treasury of that PARTY, and encumbered for the purpose of this AGREEMENT. Each PARTY does not by this Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. This Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of each PARTY. 7. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's full share may come Agreement No. 22-10.09 3 from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (COUNTY - $25,000.00; DISTRICT - $25,000.00) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to COUNTY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at COUNTY request, COUNTY share of remaining monies shall be transferred to another special fund held by DISTRICT. 8. PROJECT MAPPING No new mapping is anticipated under this Agreement for PROJECT. Upon execution of this Agreement, PROJECT SPONSOR shall provide copies of the most recent mapping within their jurisdictional area in digital format to DISTRICT to the extent such mapping is available without additional cost. 9. MASTER PLANNING Upon execution of this Agreement, PARTIES shall select an engineer mutually agreeable to PARTIES. DISTRICT, with the approval of PROJECT SPONSOR, shall contract with the selected engineer, shall administer the contract, and shall supervise and coordinate the planning for the development of alternatives and of conceptual design. 10. PUBLISHED REPORTS AND PROJECT DATA DISTRICT will provide to PROJECT SPONSOR access to the draft and final electronic report files. Upon completion of PROJECT, electronic files of all mapping, drawings, and hydrologic and hydraulic calculations developed by the engineer contracted for PROJECT shall be provided to PROJECT SPONSOR upon request. 11. TERM OF THE AGREEMENT The term of this Agreement shall commence upon the execution by all PARTIES and shall terminate two years after the final master planning report is delivered to DISTRICT and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 7 herein. Agreement No. 22-10.09 4 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for PROJECT SPONSOR shall be Director of Community Development, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. B. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. C. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT- related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or PROJECT SPONSOR. Said representatives shall have the authority for all approvals, authorizations, notices, or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with PROJECT SPONSOR the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from PROJECT SPONSOR needed to complete PROJECT in a timely manner. PROJECT SPONSOR agrees to review all draft reports and to provide comments within 21 calendar days after the draft reports have been provided by DISTRICT to PROJECT SPONSOR. PROJECT SPONSOR also agrees to evaluate the alternatives presented in the alternatives analysis sections of the report, to select an alternative, and to notify DISTRICT of their decision(s) within 30 calendar days after the alternatives analysis report is provided to PROJECT SPONSOR by DISTRICT. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where the Project is located. Agreement No. 22-10.09 5 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the non-assigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at PROJECT SPONSOR’s sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall have no responsibility for a public relations program, but shall assist PROJECT SPONSOR as needed and appropriate. 23. GOVERNMENTAL IMMUNITIES The PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any PARTY of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 24. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified on the basis of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, gender identity, marital status, or physical or mental disability and further agrees to insert the foregoing provision in all subcontracts hereunder. 25. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of PROJECT SPONSOR and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of PROJECT SPONSOR and/or DISTRICT. Agreement No. 22-10.09 6 26. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than PROJECT SPONSOR or DISTRICT receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 27. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Colorado Uniform Electronic Transactions Act, §§ 24-71.3-101-121, C.R.S. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT By ___________ Name Laura A. Kroeger Checked By Title Executive Director Date Agreement No. 22-10.09 7 CITY OF WHEAT RIDGE (SEAL) By Name: Bud Starker ATTEST: Title: Mayor Date Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING FOR CLEAR CREEK AT KIPLING TO WADSWORTH UPDATE Agreement No. 22-10.09 Project No. 108959 ITEM NO: 6 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 45-2022 – A RESOLUTION AMENDING THE FISCAL YEAR 2022 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $31,273 FOR THE PURPOSE OF APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING CRISIS AND WITHDRAWAL MANAGEMENT SERVICES (DETOX) BY AND BETWEEN JEFFERSON CENTER FOR MENTAL HEALTH, JEFFERSON COUNTY AND THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, WHEAT RIDGE AND WESTMINSTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: The City of Wheat Ridge entered into a memorandum of understanding (MOU) with Jefferson Center for Mental Health (Jefferson Center) and other parties on January 1, 2018 for the provision of Withdrawal Management Services (detox). The MOU established the funding obligations of the local government members that are parties to the MOU and the powers and obligations of Jefferson Center. This resolution will rescind the current MOU and approve an intergovernmental agreement (IGA) to continue these Withdrawal Management Services and add Crisis Services as an obligation of Jefferson Center. Council Action Form – Withdrawal Management Services IGA December 12, 2022 Page 2 PRIOR ACTION: City Council approved an MOU with Jefferson Center on December 11, 2017, with an effective date of January 1, 2018. FINANCIAL IMPACT: Under the current MOU and the proposed IGA, the City of Wheat Ridge is obligated to pay Jefferson Center $31,273 in 2022 and beginning in 2023 the payment will increase annually by the percentage of growth shown in the Denver-Boulder-Greeley consumer price index. The 2022 budget does not include the necessary funding for 2022; however, funds were budgeted in the 2023 budget. BACKGROUND: In 1973, through a legislative declaration, the Colorado General Assembly found and declared that alcoholism and intoxication were matters of statewide concern. The General Assembly has appropriated funding annually to support medical detoxification in the Denver metropolitan area since that time. Arapahoe House, a nonprofit health care organization and provider of treatment for drug and alcohol addiction, had a contract with the state of Colorado to provide withdrawal management (detox) services at locations in Aurora, Commerce City and Wheat Ridge until June 30, 2017. In late 2016, Arapahoe House announced it could no longer continue to provide detoxification services because the detox program had for years operated at a loss and the nonprofit could no longer continue subsidizing the program while also continuing its more intensive treatment efforts. Through a partnership with Jefferson County, other Jefferson County municipalities and Jefferson County hospitals, $259,000 was contributed to Arapahoe House to assist them in continuing detox services through June 30, 2017. The City of Wheat Ridge’s contribution was $12,637 based on a percentage of total population. The Parties to the current MOU decided it would be in the best interest of Jefferson County residents for Withdrawal Management Services to continue into the foreseeable future. Jefferson Center agreed to provide these services at the former Arapahoe House facility located at 4643 Wadsworth Boulevard in Wheat Ridge. Jefferson Center officially took over these services from Arapahoe House at the end of June 2017 and purchased the property shortly thereafter. The current MOU was approved to establish the funding obligations of the local government members to ensure financial viability of the services to be provided by Jefferson Center. The MOU was executed as written for the first year of the withdrawal management services program in 2017- 2018. However, since then, Jefferson Center has not needed to invoice the parties for this program as they were able to make the program financially sustainable based on billing practices alone. Hence, while the MOU has still been in place, it has not been executed over the past 4 years, because the funding was not needed. City Managers requested that Jefferson Center consider how the MOU could be amended to focus contributions on a Jefferson Center program or service area that needed funding. Jefferson Center reported their Crisis Services programming experienced an annual loss of approximately $500,000 as those services are not fully supported through state or Medicaid funding. Jefferson Center works closely with law enforcement to provide Crisis Services to help de-escalate, provide support and Council Action Form – Withdrawal Management Services IGA December 12, 2022 Page 3 direct individuals in crisis to the right level of care. The proposed IGA includes both Withdrawal Management and Crisis Services to offer some flexibility for the IGA to support either or both programs should state funds be more volatile in future years for Withdrawal Management Services. RECOMMENDATIONS: Staff recommends approval of the IGA. RECOMMENDED MOTION: “I move to approve Resolution No. 45-2022, a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $31,273 for the purpose of approving an intergovernmental agreement concerning Crisis and Withdrawal Management Services (detox) by and between Jefferson Center for Mental Health, Jefferson County and the cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster.” Or, “I move to postpone indefinitely Resolution No. 45-2022, a resolution amending the Fiscal Year 2022 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $31,273 for the purpose of approving an intergovernmental agreement concerning Crisis and Withdrawal Management Services (detox) by and between Jefferson Center for Mental Health, Jefferson County and the cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge and Westminster for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 44-2022 2. Crisis and Withdrawal Management Services IGA 3. Jefferson Center Crisis and Recovery Services fact sheet CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45 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 $31,273 FOR THE PURPOSE OF APPROVING AN INTERGOVERNMENTAL AGREEMENT CONCERNING CRISIS AND WITHDRAWAL MANAGEMENT SERVICES (DETOX) BY AND BETWEEN JEFFERSON CENTER FOR MENTAL HEALTH, JEFFERSON COUNTY AND THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD, WHEAT RIDGE AND WESTMINSTER WHEREAS, each participating Local Government Member, as defined in the IGA, independently possesses the power and authority to ensure the health, safety and welfare of its residents; and WHEREAS, for many years, the Local Government Parties have each depended upon Jefferson Center Crisis and Recovery Center, located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, to provide 24/7 crisis walk in and mobile services, as well as intoxication and withdrawal management, to the community; and WHEREAS, to ensure provisions of the Services, the Parties previously entered into that certain Memorandum of Understanding concerning Withdrawal Management Services date January 1, 2018; and WHEREAS, the Local Government Members have decided it would be in the best interest of their residents for the Intoxication and Withdrawal Management Services to continue into the foreseeable future; and WHEREAS, Jefferson Center for Mental Health (Jefferson Center) has agreed to provide the Crisis and Withdrawal Management Services at the existing Wheat Ridge, Colorado location; and WHEREAS, the Parties agree that each Local Government Member should contribute to funding the Crisis and Withdrawal Management Services on an ongoing basis, as it continues to be in the best interest of health, safety and welfare of their residents to administer the Services; and WHEREAS, the Parties desire to establish this IGA to provide funding to Jefferson Center, for continuation of Crisis and Withdrawal Management Services; and WHEREAS, establishment of this IGA will serve a public purpose and will promote the health, safety and general welfare of inhabitants in and around Jefferson County. ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement concerning Crisis and Withdrawal Management Services is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this 12th day of December 2022. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk -1- AGREEMENT CONCERNING CRISIS AND WITHDRAWAL MANAGEMENT SERVICES THIS AGREEMENT CONCERNING CRISIS AND WITHDRAWAL MANAGEMENT SERVICES (“Agreement”), dated ________________________, is made by and between the following Parties (each, individually, a “Party”): A. Jefferson Center for Mental Health, a not-for-profit community mental health organization serving Jefferson, Clear Creek and Gilpin counties (“Jefferson Center”); B. The County of Jefferson, State of Colorado, a body politic and corporate (the “County”); C. The City of Arvada, a municipal corporation (“Arvada”); D. The City of Edgewater, a municipal corporation (“Edgewater”); E. The City of Golden, a municipal corporation (“Golden”); F. The City of Lakewood, a municipal corporation (“Lakewood”); G. The City of Wheat Ridge, a municipal corporation (“Wheat Ridge”); and H. The City of Westminster, a municipal corporation (“Westminster”). RECITALS A. Each participating Local Government Party, as defined herein, independently possesses the power and authority to ensure the health, safety and welfare of its residents. B. For many years, the Local Government Parties have each depended upon the Jefferson Center Crisis and Recovery Center, located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado (“Crisis and Recovery Center”), to provide 24/7 crisis walk in and mobile services, as well as intoxication and withdrawal management, to the community (collectively, the “Services”). C. To ensure provision of the Services, the Parties previously entered into that certain Memorandum of Understanding Concerning Withdrawal Management Services dated January 1, 2018 (“MOU”). D. The Local Government Parties have decided it would be in the best interest of their residents for the Services to continue into the foreseeable future. E. Jefferson Center has agreed to continue providing the Services at the existing Wheat Ridge, Colorado, location. F. The Parties agree that each Local Government Party should contribute to funding the Services on an ongoing basis, as it continues to be in the best interest of the health, safety and welfare of their residents to provide the Services. G. The Parties desire to enter into this Agreement in order to continue to provide funding to Jefferson Center to maintain the Services and, in the interests of clarity, to rescind the MOU upon this Agreement’s execution. ATTACHMENT 2 -2- H. This Agreement will serve a public purpose and will promote the health, safety and general welfare of inhabitants in and around Jefferson County. NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the Parties as follows: I. RESCISSION OF MOU: Upon full execution of this Agreement by the Parties, the MOU shall be deemed rescinded and of no force or effect. II. DEFINITIONS: As used in this Agreement, the following terms are defined. A. Facility shall mean the building and other appurtenances located at 4643 Wadsworth Boulevard, Wheat Ridge, Colorado, at which the Services are and will be provided. B. Fiscal year shall mean the calendar year, beginning with January 1 and ending with December 31. C. Intoxication and Withdrawal Management Services, or WM Services, shall mean the following organized services, provided at the Crisis and Recovery Center in an urgent care setting to adults, regardless of gender, in a clinically-managed, social model, detoxification facility, delivered by appropriately trained and certified staff who provide a 24-hour, 7-day-per-week supervision, observation, and support for clients who are intoxicated or experiencing withdrawal, where the intoxication or withdrawal signs and symptoms are sufficiently severe to require 24-hour structure and support: 1. Intoxication management 2. Withdrawal management 3. Assessment of clients 4. Brief interventions for substance use disorders 5. Administration of Naloxone/Narcan for opiate overdose reversal 6. Case management, including outreach 7. Coordination of care with aftercare providers 8. Assistance to law enforcement in maintaining public safety by placement of these individuals in a secure environment 9. Any additional services that are ancillary to the WM Services expressly identified herein and not otherwise in contradiction with this Agreement 10. Any additional WM Services that are authorized in writing by all of the Local Government Parties D. Intoxication Management shall mean managing intoxicated individuals until they are sober. E. Walk-in and Mobile Crisis Services or Crisis Services shall mean the following organized services, provided at any one of more of the following: the Crisis and Recovery Center -3- in an urgent care setting; in the community (schools, nursing homes, client homes, and other), or by phone or video, to adults and children of all ages, delivered by appropriately trained staff who provide 24-hour, 7-day-per-week crisis intervention, assessment, safety and disposition planning: 1. Medical screening by a registered nurse for services provided at the Crisis and Recovery Center 2. De-escalation, assessment and crisis intervention with a trained Master’s level clinician 3. Safety planning and referral to least restrictive and clinically appropriate level of care 4. Case management and peer support services 5. Coordination of care with in-client hospitals and other acute care facilities (crisis stabilization units, acute treatment units) when higher level of care is needed 6. Initiation of involuntary treatment (72-hour holds) when necessary to ensure safety 7. Coordination of care and follow up services where needed 8. On-scene mobile crisis response within one hour for metro locations 9. Assistance to and coordination with law enforcement in maintaining public safety by placement of these individuals in a secure environment 10. Follow-up outreach phone call in 24 hours for those not admitted to a higher level of care to ensure safety and resolution of presenting crisis 11. Any additional services that are ancillary to the Crisis Services expressly identified herein and not otherwise in contradiction with this Agreement F. Local Government Party shall mean Jefferson County and the municipalities participating in this Agreement. G. Medical Screening Required Form shall mean a set of defined questions that assist in making appropriate admission decisions regarding referrals for American Society of Addiction Medicine level of care, III.2 non-medical social detox. H. Police Referral Screening Tool shall mean a set of defined brief screening questions to initially determine if client meets referrals for American Society of Addiction Medicine level of care, III.2 non-medical social detox. III. OBLIGATIONS OF JEFFERSON CENTER: A. General Obligations and Standards of Care. 1. Jefferson Center shall establish and maintain access to quality care in its provision of the Crisis and WM Services. 2. Jefferson Center shall facilitate engagement in treatment of individuals entering the Crisis and Recovery Center who have substance use disorder conditions, including those with severe substance use disorder, as well as those who express suicidal thoughts or behaviors, disorganized behavior, or self-determined to be in crisis. -4- 3. Jefferson Center shall prioritize improving health outcomes for individuals and the community. Jefferson Center will use all appropriate opportunities to provide immediate harm reduction and decrease undesirable utilization of emergency services. B. Facility Location. Jefferson Center shall continue to operate the Facility at the Wheat Ridge, Colorado, location and/or such additional or alternate locations as agreed by the Parties. Jefferson Center shall provide a copy of the applicable lease agreement or purchase contract to any Local Government Party upon written request. C. Intake and Screening. The Parties agree to implement preadmission and admission protocols, as set forth in “Exhibit B” and “Exhibit C,” which are incorporated herein by this reference. D. Reporting Requirements. 1. Quarterly Report. Jefferson Center shall compile aggregate data on the Crisis and WM Services, and share that data with the Local Government Parties on a quarterly basis, including the elements outlined in “Exhibit A.” 2. Annual Report. Annually, on or before January 1 of each calendar year, Jefferson Center shall prepare and present to the Local Government Parties a comprehensive written annual report of Facility activities, income and expenses. The annual report shall also be produced upon request of any Local Government Party. 3. Reports required by law, regulation or contract. Jefferson Center shall prepare and present such reports as may be required by law, regulation, or contract to any authorized federal, state, or local official to whom such report is required to be made in the course and operation of the Facility. 4. Additional Reports requested by Local Government Members. Jefferson Center will render to the Local Government Parties, at reasonable intervals, such reports and accountings as the Local Government Parties may from time-to-time request and as consented to by Jefferson Center, which consent will not be unreasonably withheld. E. Quality Assurance. Upon request, Jefferson Center will participate in quality assurance meetings with one or more Local Government Parties, with each Party determining the personnel most appropriate to participate. Issues to be addressed include, at minimum, systematic and case-specific issues. Jefferson Center will track outcome data specific to service expertise and provide the Local Government Parties with any available written reports on a quarterly and/or annual basis. Upon request, Jefferson Center will participate in reviewing Jefferson Center’s clinical services documentation of the clients receiving Services through this Agreement. Jefferson Center will complete satisfaction and other surveys upon request from the Local Government Parties. F. Independent Contractor Relationship. The relationship between Jefferson Center and the Local Government Parties shall be deemed as independent contractors. Neither Jefferson Center, nor any employees of Jefferson Center, are, or shall be deemed, employees of -5- any of the Local Government Parties, and Jefferson Center shall be solely responsible for all benefits and Workers’ Compensation Insurance coverages for all Jefferson Center employees. G. Nondiscrimination. 1. Services. The Services, amenities and programs at the Facility or in the community shall be made available to all persons regardless of race, creed, sex, color, ancestry, religion, disability, age, sexual orientation, gender identity, military or veteran status, and any other basis prohibited by federal, state or local law. 2. Employment. Jefferson Center shall not discriminate on the basis of race, creed, color, national origin or ancestry, religion, age, sex, sexual orientation, gender identity, disability, or military or veteran status, against any employee or applicant with respect to: (i) hiring, upgrading, demotion or transfer; (ii) recruitment or recruitment advertising; (iii) layoff or termination; (iv) rates of pay or other forms of compensation; and (v) selection for training, including apprenticeship. H. Assignment. Jefferson Center will not assign or otherwise transfer its obligations under this Agreement without prior written consent of each and every participating Local Government Party. I. Compliance with Laws. Jefferson Center shall comply with all federal, state, and local laws, including all local zoning and licensing requirements. IV. BUDGET AND FUNDING: A. Budget Process. Jefferson Center shall prepare a preliminary budget and submit it on or before March 31 of each year to the Local Government Parties for comment. The participating Local Government Parties shall submit comments on or before April 30 of that year. A final budget shall be submitted to each of the Local Government Parties no later than May 31 of each year. B. Annual Funding. 1. In consideration of the satisfactory performance of the Services, the Local Government Parties shall pay Jefferson Center up to $500,000 for each calendar year, in accordance with the following amounts: a. Jefferson County will contribute $150,000. b. The remaining $350,000 shall be contributed pro rata based on the contributing Local Government Parties population within Jefferson County, as shown in Table 1 below. c. Local Government Parties located partially within and partially outside the territorial limits of Jefferson County shall pay pro rata based on the percentage of the Local Government Party's population that is located within Jefferson County. -6- 2. The amounts to be contributed by each Local Government Party for the 2022 calendar year are set forth below in Table 1. 3. The amounts to be contributed shall be computed and agreed upon among the Local Government Members by July 1 for the following fiscal year. 4. Beginning with the 2023 calendar year, the payment contribution required from each Local Government Party shall be increased by the percentage of growth, as shown in the Denver-Boulder-Greeley consumer price index. 5. The population for each Local Government Party, as obtained from Denver Regional Council of Governments, as of the date of execution of this Agreement, is set forth in Table 1. The population of each Local Government Party will be revised, and the amount to be contributed recalculated on an annual basis. C. Contributions of Non-Participating Local Governments. It is the intention that Jefferson Center will serve the participating Local Government Members and their residents. To the extent other non-participating local governments refer residents to the Facility, Jefferson Center is permitted to provide the Services to such individuals, provided the cost of the services rendered is not borne by the Local Government Members. Jefferson Center will contract or invoice non-parties for services, and details of such invoices and data shall be included in the annual report to the Local Government Members. D. Contributions of New Parties. In the event any new government entity subsequently joins this Agreement by agreeing in writing to the terms of this Agreement, as amended, it shall be treated as a participating Local Government Party, and its share of the Annual Funding shall be computed, appropriated, and paid pro rata, as set forth herein. Furthermore, if a new Local Government Party is added after January 1, it shall contribute the appropriate percentage of its pro rata share, based upon the percentage of months remaining in that calendar year. In the event that a new additional Local Government Party joins this Agreement, the total Annual Funding amount shall remain the same, and each participating Local Government Party’s contribution shall be recalculated and decreased by the amount of that new additional funding, on a pro rata basis. -7- E. Additional Funding Sources. In addition to the contributions from the Local Government Members, Jefferson Center will continue to obtain funding for the Crisis and WM Services and Facility from the Colorado Office of Behavioral Health (via the Managed Service Organizations), Medicaid, hospital support, limited insurance, and client fees. Such funding will be reflected in the Annual Report, and in the Budget, as referenced in this Agreement. If additional funding sources are obtained in any year, the total Local Government Party contributions will decrease by the amount of that additional funding, on a pro rata basis. F. Payment. 1. Jefferson Center shall invoice the Local Government Members annually, but no earlier than January 31 of each year, in accordance with Table 1. Jefferson Center shall prepare the invoices at its sole cost and shall include sufficient detail as determined by the Local Government Members to enable the Local Government Members to verify the appropriateness of the invoice. The Local Government Parties shall pay each invoice within thirty (30) calendar days of receipt of an approved invoice. 2. Incorrect payments to Jefferson Center due to omission, error, fraud, or defalcation may be recovered from Jefferson Center by deduction for subsequent payments due to Jefferson Center under this Agreement. 3. Address. Payments will be sent to Jefferson Center at the following address: 4851 Independence Street, Wheat Ridge, CO 80033-6715. V. INSURANCE AND LIABILITY: A. Insurance. Jefferson Center shall obtain and maintain adequate liability insurance coverage to protect against any and all claims and liabilities which may arise due to the activities, duties, and obligations conducted by Jefferson Center at the Facility under this Agreement, including the work of any independent contractors, during the term of this Agreement. The liability insurance policies shall be primary and non-contributory for such claims and shall not contain any “excess” or “other insurance” clauses which limit their primary coverages, shall name each of the Local Government Parties as additional insureds, and shall contain a waiver of subrogation in favor of the Local Government Parties. The liability policies shall not be terminated or cancelled without at least sixty (60) days’ prior written notice to the Local Government Parties. Jefferson Center shall carry general liability, or combination of general liability and umbrella policies, and automobile liability insurance in accordance with the following stipulated limits: For Liability: $1,000,000 per Occurrence/$3,000,000 Aggregate Bodily Injury & Property Damage Combined Single Limit For Automobile: $1,000,000 Bodily Injury & Property Damage Combined Single Limit each Accident Workers’ Compensation Insurance: Jefferson Center shall provide Workers’ Compensation and Employer’s Liability insurance in conformance with all Colorado statutory -8- limits for all persons employed by Jefferson Center for the work to be performed under this Agreement. Proof of Coverage: Jefferson Center shall provide to the Local Government Parties, upon request, all required insurance policies, Certificates of Insurance and/or any endorsements necessary to show that the insurance coverages required herein have been procured and are being maintained. Certificates of Insurance shall provide that the insurance shall not be cancelled or terminated during the term of this Agreement, and that sixty (60) days’ notice shall be given to the Local Government Parties prior to cancellation of policies. Indemnification of Local Government Parties: Jefferson Center hereby agrees to defend, release, and indemnify each of the Local Government Parties, and agrees to hold each of the Local Government Parties and its representatives and agents harmless for and on account of any act or omission of Jefferson Center in the execution of its duties and obligations under this Agreement as specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage, or Personal Injury, including compensatory, economic, punitive, or special damages suffered by any person or entity in connection with this Agreement. Jefferson Center agrees to defend each of the Local Government Parties hereunder and indemnify each of the Local Government Parties, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the Local Government Parties as a result of the actions of Jefferson Center under this Agreement. Each of the Local Government Parties, its officers and employees shall be added to Jefferson Center’s general liability policy as Additional Insured as its interests may appear. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the Local Government Parties of any of the protections afforded them by the Colorado Governmental Immunity Act (C.R.S. §§ 24-10-101, et seq). VI. BOOKS AND RECORDS: A. Recordkeeping. Jefferson Center shall maintain adequate and correct accounts of its funds, properties, and business transactions as it relates to the Facility, which accounts shall be open to inspection at any reasonable time by the Local Government Parties and their attorneys or agents. B. Annual Audit. Jefferson Center shall conduct an annual audit after the end of each fiscal year. Such audit shall be conducted by one or more independent, certified public accountants, or registered accountants, or partnerships thereof, licensed to practice in the State of Colorado. Jefferson Center shall tender a copy of each such audit to the Local Government Parties, prior to January 1 of each year. VII. TERM, RENEWAL AND TERMINATION: A. Term and Renewal. This Agreement shall be in full force and effect upon approval of all Parties. This Agreement shall automatically renew on January 1 of each calendar year, subject to the provisions of this Article. -9- B. Termination of Party Participation by Written Notice. Any Party’s participation in this Agreement may be terminated by written notice from that Party to all other Parties at least one hundred eighty (180) days prior to January 1 of any given year. Any Local Government Party terminating its participation pursuant to this provision shall not be entitled to any reimbursement of its contributions previously paid to Jefferson Center. C. Termination of Local Government Party Absent Required Notice. In the event any Local Government Party elects to terminate its participation in this Agreement not in accordance with this Article, such Local Government Party shall be considered in default and shall forfeit its entire contribution to Jefferson Center for that year. Upon default, the defaulting Local Government Party shall forfeit all privileges and property it obtained as a result of its participation in this Agreement. Should a defaulting Local Government Party seek at some later date to participate again in this Agreement, such Local Government Party shall be required to meet the requirements and contributions of any new Local Government Party seeking participation pursuant to the terms of this Agreement. D. Termination of Local Government Party for Non-Appropriation. Should any Local Government Party fail to appropriate funds pursuant to its obligations set forth herein, such Local Government Party shall be considered in default and be treated the same as under Section C of this Article. E. Survival. Notwithstanding anything herein to the contrary, the Parties understand and agree that all terms and conditions of this Agreement that require continued performance or compliance beyond the termination or expiration of this Agreement shall survive such termination or expiration and shall be enforceable against a Party if such Party fails to perform or comply with such a term or condition. VIII. GENERAL PROVISIONS: A. Conflict of Interest. Jefferson Center shall not knowingly perform any act that would conflict in any manner with the performances of the Services. Jefferson Center certifies that it is not engaged in any current project or business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any person or business that might result in a conflict of interest in the performance of Services. B. Amendment. This Agreement may be amended at any time in writing by the unanimous agreement of the Parties. C. Severability. If any provisions of this Agreement or the application thereof to any Party or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of this Agreement are declared to be severable. D. Execution by Counterparts; Electronic Signatures. This Agreement may be signed in counterparts, each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§ 24-71.3-101 to 121. -10- E. No Third-Party Beneficiaries. Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter hereof. F. Supersedes and Replaces Prior Agreements. This Agreement supersedes and replaces all prior agreements amongst the Parties on the matters contained herein. G. Officials Not to Benefit. No elected, appointed or employed member of any Local Government Party shall be paid or receive, directly or indirectly, any share or part of this Agreement or any benefit that may arise therefrom. H. TABOR Compliance; No General Obligation Indebtedness. Because this Agreement may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Local Government Parties for funding hereunder constitutes a current expense of the Local Government Parties payable exclusively from the Local Government Parties’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado Constitution, a general obligation indebtedness of the Local Government Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. I. Waiver. This Agreement or any of its provisions may not be waived except in writing by a Party’s representative. The failure of a Party to enforce any right arising under this Agreement on one or more occasions will not operate as a waiver of that or any other right on that or any other occasion. J. Proper Execution. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to do so. K. Governing Law and Venue. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of laws of any other forum, by the laws of the State of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted. Venue for any action concerning this Agreement shall be proper and exclusive in the District Court for Jefferson County, Colorado. L. Public Document. Jefferson Center hereby acknowledges that the Local Government Parties are public entities subject to the Colorado Open Records Act, C.R.S. § 24-72-201, et seq., and as such, this Agreement will be subject to public disclosure thereunder. M. Electronic Disposition. The Parties acknowledge and agree that the original of this Agreement, including the signature pages, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which -11- is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing. N. Ownership of Documents/Deliverables. Any data, documents, or other things or information provided by a Local Government Party to Jefferson Center or to which Jefferson Center has access during the performance of the Services (the “Documents”) and any reports, drawings, results, conclusions of the Services, or other writings or products produced by Jefferson Center (the “Deliverables”) shall be and remain the sole property of the Local Government Party at all times; and Jefferson Center shall not use any of the Deliverables or Documents for any other purpose. The Local Government Parties shall, respectively, retain all right, title, and interest in and to both the Documents and the Deliverables. Jefferson Center shall not disclose to any third party any Document or Deliverable without the prior written approval of the Local Government Parties unless required under the Colorado Public Records Act or other law. P. Confidentiality. During the course of Jefferson Center’s performance of the Services, Jefferson Center may have access to certain confidential and proprietary information owned or controlled by the Local Government Parties that may be disclosed to Jefferson Center and Jefferson Center’s employees, agents, representatives, assigns, or subcontractors (collectively, “Jefferson Center Representatives”) orally, in writing, or by observation. All such information disclosed to Jefferson Center or Jefferson Center Representatives shall be maintained in strict confidence, shall not be used except as necessary for the performance of this Agreement and shall not be disclosed to any third party without prior written approval of the Local Government Parties unless required under the Colorado Public Records Act or other law. All tangible items or material developed by or made available to Jefferson Center or Jefferson Center Representatives hereunder shall be delivered to the Local Government Parties promptly upon the cancellation, termination, or completion of this Agreement. Q. Notice. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: 1. Jefferson Center for Mental Health CEO & President 4851 Independence Street Wheat Ridge, CO 80033 2. Jefferson County County Commissioners 700 Jefferson County Parkway, Suite 300 Golden, CO 80401 3. City of Arvada City Manager 8101 Ralston Rd. Arvada, CO 80002 4. City of Edgewater -12- City Manager 1800 Harlan Street Edgewater, CO 80214 5. City of Golden City Manager 911 10th Street Golden, CO 80401 6. City of Lakewood Chief of Police 480 S. Allison Pkwy. Lakewood, CO 80226 7. City of Wheat Ridge City Manager 7500 W. 29th Ave. Wheat Ridge, CO 80033 8. City of Westminster City Manager 4800 W. 92nd Ave. Westminster, CO 80031 or to such other address as any Party may from time to time notify the other. [Remainder of page intentionally blank – signatures follow] -13- The Parties execute this Agreement on the most recent date indicated below. JEFFERSON CENTER FOR MENTAL HEALTH _____________________________ Kiara Kuenzler, President and CEO Date: ___________________________ COUNTY OF JEFFERSON Approved as to form By: _____________________________ __________________________ Kate Newman, Acting County Manager Carey T. Markel, Deputy County Attorney Date: ____________________________ CITY OF ARVADA ________________________________ Marc Williams, Mayor Date: ___________________________ CITY OF EDGEWATER ________________________________ John Beltrone, Mayor Date: ___________________________ CITY OF GOLDEN ________________________________ Laura Weinberg, Mayor Date: ___________________________ CITY OF LAKEWOOD ___________________________________ Adam Paul, Mayor Date: ___________________________ -14- ATTEST: CITY OF WESTMINSTER By City Clerk Mayor [SEAL] Date Approved as to legal form: City Attorney CITY OF WHEAT RIDGE _______________________________ Bud Starker, Mayor Date: ___________________________ -15- EXHIBIT A Jefferson Center Quarterly Reporting Local Government Member Number of unduplicated clients served (Crisis Services) Number of unduplicated clients served (WM Services) Total number of services provided (Crisis Services) Total number of services or admissions (WM Services) Jefferson County City of Arvada City of Edgewater City of Golden City of Lakewood City of Wheat Ridge City of Westminster Other Other Data: - Number of referrals by referring agency (where data is available) - Rate of connection to ongoing services or treatment post discharge from withdrawal management - Number of clients with repeat admissions - Other data available upon request -16- EXHIBIT B Preadmission and Admission Protocols for WM Services PRE-ADMISSION PROTOCOLS 1. A Medical Screening Required Form will be used by withdrawal management staff to screen clients with the transporting officer present. 2. Medical refusals will be transported by ambulance or outreach van driver from Jefferson Center or the officer, in that order. The officer will be involved in that decision based on safety needs. 3. Clients who do not demonstrate behavioral self-control at the time of admission may present a danger to themselves or others including staff. If a definitive refusal is obtained at screening using the Police Referral Screening Tool, the client will be transported to the hospital for a medical assessment by the original agency. 4. If a medical release is obtained and the client is still not demonstrating behavioral self- control, then the client can be transported to the jail. Officers will contact the jail to determine if there is space available for the withdrawal management. 5. If the jail is unavailable, the client shall be left in the care of medical staff until such time as the client is no longer a danger to himself or others. ADMISSION PROTOCOLS 1. Clients who are in the custody of the Facility and who become uncooperative and/or present a danger to Jefferson Center facility staff or other clients may be refused. Jefferson Center facility staff will call the Wheat Ridge Police Department when this occurs. A Police Referral Screening Tool will be completed by Jefferson Center facility staff citing the reasons for the refusal. 2. Wheat Ridge Police Department will transport the client to the hospital for a medical assessment. 3. If a medical release is obtained and the client is still not demonstrating behavioral self- control, then the client can be transported to the jail. Officers will contact the jail to determine if there is space available for the withdrawal management client. 4. If the jail is unavailable, the client shall be left in the care of medical staff until such time as the client is no longer a danger to himself or others. -17- EXHIBIT C Preadmission and Admission Protocols for Crisis Services WALK-IN CRISIS CENTER Anyone may call the Walk-In Center Crisis number (303-432-5525) for consultation and telephonic assistance 24/7. The Walk-In Crisis Center serves anyone who identifies as being in crisis. There are no set criteria for crisis; it is self-determined by the person being served. The Walk-In Crisis Center serves all ages and all payor sources, including those who are self- pay. There is no out-of-pocket expense for using the services. Clients may self-present, or be brought in by friends or family members, other community agencies, school resource officers, and law enforcement. If not appropriate for this level of care, clients will be appropriately referred: the Walk-In Crisis Center cannot serve actively violent people or those at high risk for escape. We do not provide seclusion or restraint. Anyone using our Walk-In Crisis Center will be screened by uniformed security for presence of weapons. Services are voluntary. MOBILE CRISIS SERVICES Mobile Crisis Services are provided when a person is experiencing a mental health crisis and is unwilling or unable to come to the Walk-In Crisis Center. The team serves all ages and payor sources. The Mobile Crisis Team is dispatched from the Walk-In Crisis Center. There is an approximately one-hour response time in the metro area. Mobile Crisis services are voluntary. Someone at the response site must be willing to have mobile crisis clinicians present, such as the individual, a family member, law enforcement, etc. Jefferson Center will deploy under the following circumstances: • The individual may be gravely disabled or there is a risk of harm to self or others. • The individual or family functioning has deteriorated to the point that immediate intervention is needed. • The individual is exhibiting bizarre or irrational behavior, including possible psychotic symptoms. • Law enforcement is on the scene and requests mental health support. • Lower levels of interventions are not effective or appropriate. -18- • The individual can remain safe until the arrival of the mobile crisis team. • The individual, family, or concerned other has requested a mobile response for a self- defined crisis. There may be times when circumstances indicate a different level or method of response may be more appropriate or effective. Exclusion Criteria (circumstances constitute a 911 emergency) • The person reportedly has already begun the act of attempting suicide and is in need of immediate medical attention. • The person has threatened homicide and appears to be an imminent threat to others, requiring a response from law enforcement. • There is a weapon involved in the incident. • There is a crime in progress, such as domestic violence, that warrants law enforcement intervention. In the situations above, if Jefferson Center is contacted, the clinician will work collaboratively to determine the appropriate kind and level of response. Crisis and Recovery Center Our Crisis and Recovery Center is part of Colorado Crisis Services, the statewide behavioral health crisis response system oering mental health, substance use or emotional crisis help, information and referrals. Crisis services are available regardless of one’s ability to pay. If an individual has private insurance, a co-payment and other out-of- pocket expenses may be required depending on the plan coverage to your insurance provider. However, no payment is required at the time of service, and no one will be turned away for crisis services, regardless of ability to pay. Walk-in at: Crisis and Recovery Center, 4643 Wadsworth Blvd, Wheat Ridge, CO 80033 Referrals call: 303-432-5525 •Walk in Crisis Center: Open 24/7 and 365 days a year, the walk-in crisis center oers conﬁdential, in-person crisis support, information and referrals to anyone in need. •Mobile Crisis Team: Crisis counselors are dispatched to respond throughout Jeerson, Gilpin and Clear Creek Counties, to help de-escalate, provide support and direct individuals in crisis to the right level of care. This often prevents arrest and/or hospitalization. •The Living Room: The Living Room is open 24 hours a day, 7 days a week, and provides a place where clients in crisis can rest and relax on couches, recliners, or chairs; watch television or read magazines or books for up to 23 hours. Following an assessment at the Crisis Walk-in Center, clients may be referred to the the Living Room to receive a longer episode of support. Following the 23-hour observation period, clients can be admitted to the Teller Place facility, or return home with supportive services. Teller Place Hospital Alternative Facility Teller Place oers a comprehensive 24-hour acute care residential program that is an eective alternative to inpatient psychiatric hospitals or other hospital settings. The program is designed to allow individuals to receive intensive counseling and stabilization without having to stay overnight in a psychiatric hospital. This is a short-term stabilization option, where clients can stay for up to one week. Referrals contact: 303-432-5525 Withdrawal Management The Withdrawal Management (detox) program in Jeerson County is housed at the Jeerson Center Crisis and Recovery Center in Wheat Ridge, CO. The program operates 24/7/365 and serves adults who are intoxicated or under the inﬂuence of other drugs and/or who are experiencing moderate to severe withdrawal symptoms and in need of 24-hour supervision, observation, and support as they progress through their withdrawal. For Admission & Transport call: 303-463-7400 Crisis and Recovery Services www.jcmh.com | 303-425-0300 REV 11/2021 ATTACHMENT 3 ITEM NO: 7 DATE: December 12, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2023 CITY COUNCIL MEETING CALENDAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ISSUE: The calendar of City Council meetings is adopted by a motion of the City Council annually. Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The following City Council meetings that conflict with observed City holidays or other known events during the year are recommended for cancellation. • Study Session, January 2, 2023 - New Year's Day observance • Study Session, January 16, 2023 - Martin Luther King, Jr. Day • Study Session, February 20, 2023 – President’s Day • Study Session, June 19, 2023, Juneteenth • Study Session, September 4,2023 - Labor Day • Regular City Council Meeting, December 25, 2023 - Christmas Day PRIOR ACTION: None FINANCIAL IMPACT: None Steve Kirkpatrick, City Clerk Patrick Goff, City Manager Council Action Form – 2023 City Council Meeting Calendar December 12, 2022 Page 2 BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of council.” Section IV of the City Council Rules of Order and Procedure states that, “Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 p.m. unless otherwise provided by amendment of these Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to adopt the 2023 City Council Meeting Calendar as presented.” Or, “I move to adopt the 2023 City Council Meeting Calendar with the following amendment(s) .” Or, “I move to not adopt the 2023 City Council Meeting Calendar for the following reason(s) .” REPORT PREPARED/REVIEWED BY: Stephanie Pomponio, Administrative Assistant to Mayor and Council Patrick Goff, City Manager ATTACHMENTS: 1. Proposed 2023 City Council Meeting Calendar 2023 City Council Meetings January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July August September S M T W T F S S M T W T F S S M T W T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 New Year’s Day – Jan 2 Memorial Day – May 29 Labor Day – Sept. 4 Christmas Day – Dec. 25 Martin Luther King, Jr. Day – Jan. 16 Juneteenth – June 19 Veteran’s Day – Nov. 10 President’s Day – Feb. 20 Independence Day – July 4 Thanksgiving Holiday – Nov. 23-24 ATTACHMENT 1