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6-12-23 City Council Meeting Agenda Packet
AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO June 12, 2023 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building. City Council members and City staff members 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 June 12, 2023) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 836 5874 4941 Passcode: 578171 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. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes May 15, 2023 City Council Meeting Minutes May 22, 2023 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Juneteenth Proclamation 2. Leave No Trace Proclamation PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA 1. Resolution No. 32-2023 – a resolution approving the fourth amendment to an intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding 2. Resolution No. 33-2023 – a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest 3. Resolution No. 34-2023 – a resolution approving a supplemental budget appropriation in the amount of $523,551 to appropriate the Metropolitan Football Stadium District reimbursement for youth activity programs 4. Motion to approve appointment by City Manager to Cultural Commission PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 5. Council Bill No. 12-2023 – an ordinance amending Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in Conservation Areas 6. Council Bill No. 13-2023 – an ordinance repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U. S. Supreme Court Case Law ORDINANCES ON FIRST READING 7. Council Bill No. 14-2023 – an Ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed-use zone districts 8. Council Bill No. 15-2023 – an Ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith 9. Council Bill No, 16-2023 – an Ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of laws, concerning definitions and regulations for childcare facilities, and making conforming amendments therewith DECISIONS, RESOLUTIONS, AND MOTIONS 10. Motion to approve an appointment to the Parks and Recreation Committee 11. Resolution No. 35-2023 – A resolution establishing the Wheat Ridge Housing Fund, transferring $436,680 from General Fund Reserves and authorizing payment to Foothills Regional Housing in the amount of $400,000 for the purpose of an affordable housing project 12. Motion approving a legal services agreement between the City and Murray, Dahl, Beery, Renaud LLP 13. Resolution No. 36-2023 – A resolution approving a budget supplemental appropriation to add an IT Project Manager CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting May 15, 2023 Mayor 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, guests and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Scott Ohm, Judy Hutchinson, Janeece Hoppe, Korey Stites, Leah Dozeman, and Valerie Nosler Beck. CM Rachel Hultin excused herself. Also present: City Attorney Gerald Dahl, City Clerk, Steve Kirkpatrick, City Manager Patrick Goff; Director of Community Development, Lauran Mikulak, Director of Public Works, Maria D’Andrea; Civil Engineer, Jordan Jefferies, Senior Planner, Engineering Manager, Steve Nguyen; Neighborhood Engagement Specialist, Ashley Holland; other staff and interested residents. Public’s Right to Speak None tonight. 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. Neighborhood Traffic Management Plan Update (NTMP) Issue The City has operated the Neighborhood Traffic Management Program (NTMP) since the mid1990s with the primary goal of implementing traffic calming measures on neighborhood streets. Two topics related to the NTMP are to be discussed: 1. A proposed redesign of the NTMP program, and 2. An update on how to deploy NTMP funds near Prospect Valley and Stevens Elementary Schools as previously directed by City Council. Staff Reports Civil Engineer, Jordan Jefferies provided an update and background on the item where the NTMP is historically focused on midblock speed control and is designed to allow residents to bring safety concerns to the City’s attention. The NTMP is not designed to address missing infrastructure, such as missing sidewalks. A discussion of the City’s sidewalk gaps and approach to infrastructure investments is a future agenda item.. When the NTMP started in July 1997, the City had seven different street classifications, and the three types of local streets were eligible for the NTMP. An engineering staff person was fully dedicated to the administration of the NTMP. The program was modified slightly in 2002 and suspended entirely in 2009/2010 because of the recession and associated budget cuts. The NTMP was reinstated in 2014 as the program we know today. Since implementation of the 2014 program, residents have enrolled 53 segments in the NTMP. Many of these segments were unable to meet the approval threshold or didn’t qualify for improvements because there was no objective speeding issue; however, residents were successful in obtaining approval to install physical traffic-calming improvements on 16 segments from 2014 to 2022. Other items spoken about included: • Current Process • Lessons Learned • Reevaluation of the NTMP • Redesigned NTMP • Revised Process • Approval Process • Predictable Annual Timeline Councilmembers had questions and comments: • Several CM thanked Mr. Jefferies for his time and the update presentation. • CM asked detailed questions about City policy. How many projects will be fundable and manageable per year? How can we speed up the process and make input more accessible to all residents, including those who live in housing other than the traditional single-family home? How will the petition process work going forward? • Another CM question concerned the frequently observed high speed traffic on our major east- west thoroughfares. Speeds on 32nd Ave, 38th Ave, and 44th Avenue are often dangerously high. What can we do to reduce speeding on these major arteries other than traffic calming humps and bumps? • Ms. Mikulak recommended more traffic flow counting and speed measurement to better identify locations needing speeding control or traffic calming measures. • A discussion of the timeline from identifying a need to construction of traffic calming followed. • CM also asked what will happen when some residents are opposed to a new speed hump and the engineers believe it makes sense. • This issue is something that residents bring to CM attention frequently. • What happens if there are apartment buildings on a block? How will we ensure input from apartment residents as well as nearby single-family and duplex or triplex homes? • Using the traffic trailer, with speed sign, is a good idea. • How will we spread the word to residents across the City when we are ready to roll out the redesigned NTMP? • CM asked detailed questions about how residents’ input will be gathered going forward. CM thought that a 50% desire among neighborhood to have speed controls is too low; perhaps a supermajority of 2/3 or 3/4 of the impacted residents. CM Hoppe proposed a consensus to direct staff to proceed with the redesigned NTMP program, with more than a minimum 50% of nearby residents required for approval. Consensus attained Staff also responded to City Council’s request for Staff to take a proactive approach in identifying safe routes to schools, particularly to Prospect Valley and Stevens Elementary Schools, which will see an influx of students based on the school district’s closure decisions. Where staff is focusing primarily on safe routes for students from Kullerstrand Elementary School (“Kullerstrand”) who will now be attending Prospect Valley Elementary School (“Prospect Valley”) and from Wilmore-Davis Elementary School (“Wilmore-Davis”) who will be attending Stevens Elementary School (“Stevens”). Due to a focus on schools in the early years of the NTMP many areas immediately adjacent to schools have already been treated with traffic-calming features due to a focus on schools in the early years of the NTMP. Additionally, the streets immediately adjacent to Prospect Valley and Stevens have adequate sidewalks. However, similarly robust infrastructure for pedestrian safety is typically not present beyond a block or two radius around the school. In order to determine probable walking routes for the new school boundaries, Kullerstrand/Prospect Valley and Wilmore-Davis/Stevens, staff reviewed and cataloged existing traffic and pedestrian infrastructure including traffic signals, flashing beacons, radar speed signs, rectangular rapid flashing beacons (RRFBs), and school speed zones. Summarized and spoken about were a series of improvements that were organized into three classifications: • Immediate improvements which can be achieved before the start of the 23/24 school year to help make existing conditions safer; • Near term solutions that can address connectivity gaps in the next 2 to 3 years; and • Long term investments that provide missing infrastructure Councilmembers had questions and comments: • Several CM thanked Mr. Jefferies for his time and the update. They also expressed their support for the proposed efforts to ensure students safely arrive at school and safely return home. • This discussion focused first on the Kullerstrand to Prospect Valley transition and then on the Wilmore-Davis to Stevens migration. • Another CM question concerned the flood water flows and how those will impact plans for children to walk to school. • Shall we use a similar process to the redesigned NTMP efforts to gather residents’ input on whether to construct sidewalks along side streets? Some neighborhoods are split on whether a add sidewalks or want to keep the rural environment with no sidewalks. • Flashing crosswalk signals are a help. Can we also look at additional signage or other warnings for drivers to alert them to the child pedestrians in critical morning and afternoon periods during the school year? • How many of our kids will have the option of school bus service? At present, there is no information; perhaps we will need to adapt our plans once we have more data. We may need to look at safe routes to bus stops where relevant. • A lot of parents and kids are very worried about these school transitions and student safety. We need to continue watching. MPT Stites proposed a consensus to direct staff to proceed with the immediate improvements to be funded using NTMP dollars that were earmarked for improvements near schools. Consensus attained 2. Staff Report(s) Mr. Goff asked Ms. D’Andrea for an update on a flooding incident near 44th Ave and Miller yesterday. Overflow was escaping a settling basin on its way to the waste water systems. Raw sewage was running into Clear Creek, so the City deployed all available resources to manage and mitigate the situation. Ms. D’Andrea reported on the blockages in the system outflow lines and how those were removed. The remaining overflow will be removed with a vacuum and the entire area will be treated with lime. Later the top layer of grass and soil will be scraped, removed and the area recondition and re-seeded. Foothills Regional Housing contacted us last week when they found an opportunity to acquire a 24-unit apartment building. Foothills can purchase the building for much less than the cost of building a similar facility. They have asked if the City has any funding available to participate in the cost of that purchase. Mr. Goff recommended committing $400,000 to help Foothills with this acquisition. He also explained who would be eligible to rent there. If the City participates with funding we would have first right of refusal to use 12 of the 24 units for our emergency housing use. This is a rare and unusually good opportunity. Elected Officials’ Report(s) CM Nosler Beck updated the Council on recent Jeffco School Board meetings to address further school closures at the secondary level. The Board has indicated that they will listen to concerns of local communities and municipalities during this process. More schools are likely to close, and we need to continue to monitor, attend and participate to ensure that our voices are heard for the residents of Wheat Ridge. CM Weaver asked all to take care when driving near storm water culverts and pipes because farmers are clearing their drainpipes. CM Dozeman announced that there are several events forthcoming that are listed on the City calendar. For instance, dogs and cats can get vaccines at Anderson Park. Lots going on in District IV this spring and summer. Mayor Pro-Tem Stites thanked the Mayor for asking him to take the lead at Coffee for the Mayor, which MPT Stites found interesting and informative. Remember: if you can find it in Wheat Ridge, buy it in Wheat Ridge. ADJOURNMENT The Study Session adjourned at 8:26 pm. APPROVED BY CITY COUNCIL ON May 22, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro-Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 22, 2023 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 6:32 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Amanda Weaver Janeece Hoppe Rachel Hultin Korey Stites Scott Ohm Leah Dozeman Valerie Nosler Beck Also, present: City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; City Attorney Gerald Dahl; City Manager, Patrick Goff; Deputy City Manager, Allison Scheck; Director of Comm. Development, Lauren Mikulak; Director of Parks and Recreation, Karen O’Donnell; other staff, guests, including the Wheat Ridge High School STEM and Boys Swim Team, their faculty sponsors/coaches, and interested citizens. APPROVAL OF MINUTES The Study Session Notes of May 1, 2023 and City Council Minutes of May 8, 2023 were approved as published APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES LGBTQ+ Pride Month Mayor Starker read a proclamation describing how Pride month began on June 28,1969 on the one-year anniversary of the Stonewall Uprising in New York City after LGBTQ+ and allied friends rose and fought against the constant police harassment and discriminatory laws that have since been declared unconstitutional. Mayor Starker recalled the accomplishments and contributions of LBGTQAI people not only in our City but also nationally and worldwide. Safety Month Mayor Starker proclaimed the month of June, 2023 as Wheat Ridge Safety month, which focuses on reducing the leading causes of injury and death at work, on the roads and in our homes and communities and drawing attention to safe practices that will decrease the likelihood of accidents. Wheat Ridge Risk Management Coordinator, Kelly McLaughlin accepted the proclamation on behalf of our Safety Committee and remarked on how important safety, especially safety education, is for our staff, residents and visitors. She announced that the City recently scored a perfect score of 100 plus 9 bonus points in a nationally standardized inspection. This accomplishment will save the City insurance premiums as a result. Recognition of WRHS Stem Team Mayor Starker presented the proclamation to Charles Sprague, STEM Team faculty sponsor. STEM is an acronym for science, technology, engineering and mathematics. The current group of STEM students re-vitalized the program following the pandemic. Mr. Sprague recounted the many competitions and awards they have won. Recognition of WRHS Swim Team Mayor Starker presented the proclamation to Jason Campbell, WR High School Athletic Director, who described the boys swim team victory in the meet for Jeffco 4A schools. They are the first 4A team ever to win this competition two years running. One of the swimmers was also selected as the swimmer of the year in Colorado. He introduced the team and their coach, who introduced the assistant coach and added to the accolades previously given. PUBLIC’S RIGHT TO SPEAK There were none tonight. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this session. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 10-2023 – An Ordinance amending Articles I and IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision requirements, and making conforming amendments therewith. CM Hultin introduced Council Bill 10-2023 Issue The proposed ordinance makes necessary updates to Articles I and IV of Chapter 26 of the code, specifically to modernize and clean up portions of the City’s subdivision requirements. These updates include changing incorrect or outdated cross-references, adding modern terminology, clarifying existing requirements, updating application requirements, and removing sections of the code that conflict with the current subdivision regulations. The ordinance clarifies when owners’ associations are required and the obligation of those associations, and it clarifies requirements for drainage and irrigation facilities. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1762. Staff Presentation Ms. Mikulak gave a detailed presentation which included the background where the City’s subdivision requirements are found in Article IV of Chapter 26 and were last comprehensively updated in 2014 when Ordinance 1547 repealed an older subdivision code and replaced it with a new version. Since 2014, 125 subdivision applications have been processed by the City. This ordinance includes changes based on lessons learned and the need to clarify or provide greater detail about requirements in the code. The subdivision code has been periodically updated since 2014 as other ordinances have been adopted, but the code has not been reviewed in whole since 2014. The ordinance consists of several general cleanup parts, and are based on the consensus of City Council: • Property Merger Covenants & Consolidation Plats: Building codes prohibit construction of building on top of a lot line, so often a consolidation plat is used to merge lots under one ownership. • Conflicting Provisions (Review Process): The current subdivision code requires public hearings for 4-5 lots (PC only) and 6+ lots (PC and CC), however 26- 117.C says that any consolidation plat for multi-unit residential shall be reviewed by Planning Commission and City Council, regardless of the number of lots. • Definition of a Tract: The review process of a subdivision currently depends on the size of the subdivision in terms of “lots or parcels.” • Administrative Review for Some Consolidation Plats: For sites with existing or completed site development, the ordinance proposes creating a narrow exception allowing consolidation plats of any number of lots to be reviewed administratively. • Timing of Payment for Parkland Fees: The proposed ordinances updates 26-406.D.4 to state parkland dedication fees are due at time of building permit, not at time of recordation. • Easements and tracts: The proposed ordinance refines requirements related to easements and tracts. Ms. Mikulak finished by saying that City Council recently discussed an amendment to the subdivision review process at a recent study session, and that those changes will be advanced as a separate ordinance later this year. Afterwards she stood by to answer any questions. Public Comment No citizens appeared in chambers to address this issue There were none who wanted to speak through the Zoom format. Council Questions and comments CM had no questions or comments, having reviewed this matter in a past Study Session. Motion by CM Hultin to approve Council Bill No. 10-2023 - an ordinance amending Articles I and IV of Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision requirements and making conforming amendments therewith, on second reading and that it takes effect fifteen (15) days after final publication, seconded by CM Hoppe, motion carried 8-0. 2. Council Bill No. 11-2023 – An Ordinance amending Section 26-115.e of the Wheat Ridge Code of Laws concerning requests for interpretation by the Board of Adjustment. CM Nosler Beck introduced Council Bill 11-2023 Issue The City owns an isolated strip of real property as right-of-way (ROW) that is 24 feet by 165 feet located along the east side of 4455 Simms Street. When the property was acquired by Jefferson County in 1955, it was intended as ROW for a future street extension. Community Development has determined that the parcel does not serve a public purpose because an extension of Simms Street is not practical at this location. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1763. Staff Presentation Project Supervisor, Mark Westberg reviewed the background on this item where there is a parcel of land that is 24 feet by 165 feet is identified as ROW in the Fightmaster Subdivision along the east side of 4455 Simms Street. In 1955, Jefferson County accepted a deed for the parcel, presumably as a ROW dedication for the west half of Simms Street if the street was extended north of 44th Avenue. However, the deed didn’t specifically state that the parcel was ROW, so when the City incorporated in 1969, the County officially retained ownership of the parcel. In 2018, the property owner of 4455 Simms Street approached the City asking if the City could vacate the parcel as ROW since the property owner has been continually using the parcel since the property was originally developed. However, with the parcel still under the County’s ownership, the City could not vacate the parcel without the County first transferring the ownership to the City. The Board of County Commissioners competed this action on May 18, 2021, by adopting a resolution authorizing the transfer of the parcel to the City by quitclaiming the parcel for ROW purposes. The City has the quit claim deed and is ready to move forward with vacating the ROW to the owner of 4455 Simms Street.. After his presentation, he stood by to answer questions. Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions and comments CM asked detailed questions of staff and the City Attorney Staff and Mr. Dahl gave a specific answer. Motion by CM Nosler Beck to approve Council Bill No. 11-2023 - an ordinance vacating any interest held by the City in a portion of Simms Street, a public roadway, on second reading, and that it takes effect immediately after final publication, seconded by CM Dozeman, motion carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill No. 12-2023 – An Ordinance amending Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in conservation areas. CM Hoppe introduced Council Bill 12-2023. Issue On July 11, 2022, City Council amended Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices in conservation areas by persons with disabilities. Subsequently, it was determined additional sections of the Code should have also been amended, as well, to address this same issue. This ordinance will amend Section 17-36 to address the use of mobility devises in conservation areas. . Motion by CM Hoppe to approve Council Bill 12-2023, an ordinance amending Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in conservation areas, on first reading, order it published, public hearing set for Monday, June 12, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect 15 days after final publication; seconded by CM Stites, motion carried 8-0. 4. Council Bill No. 13-2023 – An Ordinance repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U.S Supreme Court case law. MPT Stites introduced Council Bill 13-2023 Issue This ordinance will repeal Sections 16-84 and 16-87 and amend Section 16-89 of the Wheat Ridge Code of Laws to conform with the recent Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, concerning weapon offenses. Motion by MPT Stites to approve Council Bill 13-2023, an ordinance repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U.S Supreme Court case law, on first reading, order it published, public hearing set for Monday, June 12, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect upon adoption; seconded by CM Dozeman, motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 5. Resolution No. 29-2023 – A Resolution adopting the 2023 City of Wheat Ridge Open Space Management Plan CM Weaver introduced Resolution 29-2023 Issue Over the past year, LoganSimpson worked closely with Parks, Forestry, and Open Space staff to lead a robust process of obtaining feedback from the Wheat Ridge community, staff members, and elected officials to inform the City’s updated Open Space Management Plan. With the unanimous approval of the Wheat Ridge Parks and Recreation Commission, the plan is now ready for formal adoption by City Council.. Staff Presentation Director of Parks & Recreation, Karen A. O’Donnell presented to council the prior actions and background on the issue where through a competitive process, Logan- Simpson was selected to lead the Open Space Management Plan update for the City of Wheat Ridge. Last updated in 2002, the plan was in need of a refresh. The new plan looks to balance recreation use with resource protection, while incorporating strategies for long-term sustainability and stewardship. Community and stakeholder input provided a foundation for identifying recommendations and concepts to carry forward in developing the final plan. Taylor Broyhill, with LoganSimpson, met with the Wheat Ridge Parks and Recreation Commission at various points throughout the process: July 18, 2022 (listening), November 16, 2022 (preliminary recommendations), and April 19, 2023 (draft plan review) Ms. O’Donnell recalled the presentation made in a January Study Session Taylor Broyhill, Associate Planner with Logan Simpson,, who then presented the final recommendations to council. Discussed were items such as: • Detailed community engagement results • Project cost matrix • Clear Creek trail crossing at Kipling Street analysis • Administrative policy; Land acquisition Public Comment No one came forward to speak. Council Questions and comments Several CM thanked Ms. Broyhill for her presentation. CM then asked several specific, technical questions, which Ms. Broyhill answered in detail. CM Hultin asked whether the report includes the most recent update of the cycling plan, which it does per Ms. Broyhill. CM Hultin then asked about how this plan addresses cyclist safety at major thoroughfare crossing and along I-70. Again, Ms. Broyhill gave a detailed answer. CM Dozeman asked about the plans for either keeping restrooms in and near Anderson Park open more often or closing them more frequently. Ms. O’Donnell explained that the Parks and Rec Commission and staff are working on solutions in concert with others who have an interest in this issue. The CM then asked about plans for allowing recreation along the Creek, and Ms. Broyhill recounted the discussions to date and plans to get to a decision after further study and resident engagement. Mayor Starker asked about flood risk along the Creek, and whether we need to expect flooding to crest high enough to endanger City facilities. Again, Ms. Broyhill gave a detailed reply. Motion by CM Weaver to approve Resolution No. 29-2023, a resolution adopting the 2023 City of Wheat Ridge Open Space Management Plan, seconded by MPT Stites; motion carried 8-0. During discussion of the motion CM Hultin recognized the readability, graphics and thoroughness in the Plan presented for approval. She found it a pleasure to read and hopes other plans are as well written and presenting. She then commented on funding that should be available through CDOT for cycling safety along corridors that pass under I-70. Then she commented in detail about signage that should be present when there are diversion and closures for traffic. CM Weaver also lauded the report, especially its conservation priorities and how it addressed frequently used areas vs. those requiring stewardship. CM Dozeman also thanked the staff and consultants for an excellent master plan. CM Ohm added his laudatory comments and thanks. 6. Resolution No. 30-2023 – A Resolution approving a Public Art Donation Agreement and amending the Public Art Fund for costs associated with transportation and installation of the art piece CM Hutchinson introduced Resolution 30-2023 Issue Karin Schelke, a Wheat Ridge resident, is donating a piece of public art, valued at $25,000, to the City of Wheat Ridge. The piece is titled “Dancing Pony” by artist Kevin Box and will be installed at Prospect Park. Staff is requesting approval of a donation agreement with Ms. Schelke and approval to utilize the City’s Public Art Fund to pay for the transportation and installation of the art piece, as well as a small plaque. Staff Presentation Director of Parks & Recreation, Karen A. O’Donnell reported to council the recent generosity of resident Karin Schelke, who contacted Parks and Recreation Director O’Donnell, expressing interest in making a public art donation. As per the City’s Public Art Management Plan, Director O’Donnell asked Ms. Schelke to submit a proposal including details on the art piece and artist. A Public Art Donation Committee was convened, based on requirements detailed in the Public Art Management Plan. Members of this committee included: Melinda Valentini (local artist), Mark Ruote (City staff representative), Kathleen Martell (Cultural Commission representative), and Guy Nahmiach (community member). Karin Schelke presented her proposal to the committee on May 1, 2023. The committee unanimously agreed to advance the proposal to the Wheat Ridge Cultural Commission for approval. The Wheat Ridge Cultural Commission reviewed and approved the proposal unanimously on May 10, 2023. Ms. Schelke choose the pony statue created by Kevin Box because of the connection to agriculture and farming in Wheat Ridge and the historical and current practice of horse riding in Wheat Ridge. She was open to the art piece being installed in any park in Wheat Ridge, as long as children visited the space. Public Comment No one came forward to speak. Council Questions and comments CM Hutchinson expressed her strong approval of the motion. Motion by CM Hutchinson to approve Resolution No. 30-2023, a resolution approving a public art donation agreement with Karen Schelke and the use of Public Art Funds for costs associated with the transportation and installation of the art piece, seconded by CM Hoppe, motion carried 8-0. During discussion on the motion CM Hultin also thanked the artist and expressed her strong approval. 7. Resolution No. 31-2023 – A Resolution amending the Fiscal Year 2023 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $76,398 for the addition of one full-time Housing Program Administrator CM Dozeman introduced Resolution 31-2023 Issue City Council adopted the Affordable Housing Strategy and Action Plan (“Action Plan”) on January 9, 2023, to address one of the city and state’s most pressing issues. The Action Plan prioritizes hiring at least one new staff person to implement the action plan and manage the City’s affordable housing fund and associated programs. The City does not currently have the staff expertise or capacity to implement the action plan in contrast to peer cities that have similar positions. Staff Presentation Ms. Mikulak presented to council the prior actions and background on the issue where addressing housing affordability in Wheat Ridge requires new programs with significant management responsibilities and actions to produce and preserve affordable housing units. There is a growing number of state and federal funding sources and programs related to affordable housing. If Wheat Ridge is going to address this issue, the City needs at least one housing staff person to manage and administer such programs and capitalize on state and federal funding and programs at an opportune time. The City does not have any such staff in contrast to peer cities (e.g., Golden, Arvada, Erie) that have hired specialized housing staff in recent years. The Housing Program Administrator would be in the Community Development Department and focus on addressing the City’s growing affordability gap by implementing the Action Plan and other housing affordability issues, including but not limited to: • Managing the Wheat Ridge Housing Fund that City Council approved on January 9, 2023; • Developing and managing the Naturally Occurring Affordable Housing Program (NOAH) that would offer grants for upgrading multi-unit residential properties in exchange for deed-restricted affordable rents; • Developing and managing the City’s Inclusionary Housing Program that would require deed-restricted affordable housing units on many projects; • Acting as liaison to the Wheat Ridge Housing Authority (and supporting a potential expansion or modification of this body’s role); • Forming partnerships to facilitate outcomes with affordable housing developers like Foothills Regional Housing; and • Capitalizing on funding opportunities for the City through various federal and state programs, including Proposition 123 that was recently approved by Colorado voters that will provide several hundred million dollars to local governments for affordable housing starting in 2023 as dedicated state income tax revenue. They included that this position has been classified as exempt grade 240 in the City’s 2023 pay plan. This is commensurate with the work of a Senior Planner. The position’s pay range is $87,690 to $131,350. Assuming a starting rate close to the middle of the grade and inclusive of FICA, Medicare, pension, and benefits, the cost for a full year is estimated at $136,795. Technology needs for a new position are estimated at $8,000. For 2023, and inclusive of technology needs, the addition of this position in total will require a supplemental budget appropriation of $76,398 Public Comment No one came forward to speak. Council Questions and comments CM Hoppe expressed a desire for an urgent beginning to this project and asked whether a newly hired professional staffer can move quickly enough to meet funding deadlines. Ms. Mikulak and Mr. Goff provided detailed responses. Motion by CM Dozeman to approve Resolution No. 31-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $76,398 for the addition of one full-time Housing Program Administrator, seconded by MPT Stites, motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff reminded us that there is no Council meeting next Monday. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM Nosler Beck exclaimed Go Nuggets! She thanked all who worked on safety plans for the children who will transition from elementary schools Jeffco is closing to new schools. The Piranhas Swim Team is still open for registration. CM Hultin GO Nuggets. A district II meeting is scheduled for Saturday June 9. Please adopt orphaned and abandoned pets to prevent euthanasia. CM Ohm announced that on June 30 at Golds Marketplace there will be a public event celebrating local businesses. More details will appear on the City’s website. CM Hoppe recognized the STEM and Swim teams for their accomplishments. If you join the Piranhas now you can star on the high school swim team in years to come. CM Dozeman wished everyone a happy last week of school. CM Weaver is grateful to live here! MPT Stites recognized yet another successful effort this past weekend by the Paramount Heights Sustainability group, and those who attended a Wheat Ridge Education Committee meeting last week for their sterling efforts at student and traffic safety around our schools. He noted, tongue in cheek, that his birthday is Monday, so if you plan to get him a birthday gift, if you can find it in WR, buy it in WR. Mayor Starker congratulated the STEM and swim teams again. He congratulated those graduating from WR High School, Class of 2023. Please, drive carefully. CM Hutchinson asked when the moths will abate so her cats will calm down! ADJOURNMENT The meeting adjourned at 7:49 pm. APPROVED BY CITY COUNCIL ON June 12, 2023 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. PROCLAMATION JUNETEENTH JUNE 19, 2023 WHEREAS, this nation was founded on the principle stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” but in which people who were Black were held in slavery; and WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, which states that all persons held as slaves within a state or designated part of a state “shall be then, thenceforward, forever free,” changing the legal status of 3.5 million enslaved people who were Black from slave to free; and WHEREAS, the Emancipation Proclamation paved the way for the 13th Amendment to the Constitution of the United States, which formally abolished slavery in the United States of America; and WHEREAS, news of the Emancipation Proclamation did not reach the most distant slave states until federal troops arrived in Galveston, Texas on June 19, 1865, to take control of the state and ensure that all enslaved people be freed; and WHEREAS, the day of respect and remembrance called “Juneteenth,” a combination of the words “June” and “nineteenth”, is observed as an important day in our nation’s history; and WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day, and Cel-Liberation Day, is a federal holiday celebrated on June 19; and WHEREAS, Juneteenth commemorates African American freedom and serves as a reminder of the inequities faced by Black people throughout our nation’s history. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing JUNETEENTH 2023 and urge all community members to work together to advance the principles of equal rights, justice, and opportunity for all regardless of race, gender, age, religion, ability, sexual orientation, or gender identity and expression. IN WITNESS THEREOF on this 12th day of June 2023. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION LEAVE NO TRACE JUNE 12, 2023 WHEREAS, Colorado's mountains, forests, deserts, and rivers provide unparalleled recreational opportunities that enrich our lives and are vital to our economy; and WHEREAS, litter, pollution, and improper disposal of waste can have negative impacts on our environment and wildlife; and WHEREAS, protecting Colorado's natural beauty and preserving the quality of our environment is a responsibility we share, and by working together, we can ensure that our children and grandchildren will continue to enjoy Colorado's great outdoors; and WHEREAS, Leave No Trace is an educational, nonprofit organization dedicated to the responsible enjoyment and active stewardship of the outdoors and Wheat Ridge has been selected as one of only twenty Leave No Trace Spotlight locations nationally in 2023; and WHEREAS, by following the seven Leave No Trace principles - Plan Ahead and Prepare, Travel and Camp on Durable Surfaces, Dispose of Waste Properly, Leave What You Find, Minimize Campfire Impact, Respect Wildlife, and Be Considerate of Others - we can reduce our impact on the environment and help preserve our natural legacy for future generations. NOW, THEREFORE, I, Mayor Bud Starker, call upon all community members, to join us in recognizing June 17, 2023, as LEAVE NO TRACE DAY In the City of Wheat Ridge and encourage all residents and visitors to follow Leave No Trace principles and to take an active role in preserving our natural resources for future generations. IN WITNESS THEREOF on this 12th day of June 2023. ______________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2023 – A RESOLUTION APPROVING THE FOURTH AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: Based on a relatively small population, Wheat Ridge is not independently eligible for a direct allocation of Community Development Block Grant funds from the federal Department of Housing and Urban Development. Instead, the City has a longstanding partnership with Jefferson County whereby the County and its smaller jurisdictions collectively are eligible for these federal funds. This partnership is memorialized in an intergovernmental agreement which has been in place since 2011. The purpose of this resolution is to approve a fourth amendment to the agreement which modifies language in compliance with federal requirements. PRIOR ACTION: The City has partnered with Jefferson County and neighboring cities in the federal Housing and Urban Development (HUD) programs since the mid-1990s. The current agreement (“IGA”) was originally approved by City Council in June 2011 and was renewed and amended in September Council Action Form – CDBG IGA Amendment June 12, 2023 Page 2 2011. Since then, renewals and amendments occur periodically with Council approving a second amendment in July 2014 and a third amendment in September 2020. FINANCIAL IMPACT: Federal HUD staff have indicated that it is necessary to amend the IGA in order to requalify for CDBG funds; failure to do so would result in noncompliance and would jeopardize the ability to receive CDBG funds. BACKGROUND: The CDBG program provides funding for housing and other infrastructure and services that provide a benefit to certain low/moderate income census tracts. The amount of funding allocated from HUD is based on the population in eligible census tracts. Because the Wheat Ridge population is too small to individually qualify for receipt of CDBG funds, the City is in partnership with Jefferson County and other smaller jurisdictions such as Edgewater and Golden, to qualify for “Urban County” designation and therein qualify for CDBG funds as a group. The Jefferson County Board of County Commissioners (BOCC) is the designated administrator of the funds and the County’s Human Services Department provides staff support to the BOCC in administering the CDBG program. The City, along with other participating jurisdictions and non-profit organizations, are eligible to apply for funding through an annual application cycle. CDBG funds are often used to close financial gaps on low-income housing developments and to provide support services throughout Jefferson County to low- and moderate-income families and individuals. As noted above, the City and County have a long-standing IGA, and the fourth amendment includes minor text amendments to comply with current practice and federal requirements. More specifically: • Changes to section 4(e) are necessary to add references to the implementing regulations of Title VI of the Civil Rights Act, the Fair Housing Act, the Housing and Community Development Act, Section 504 of the Rehabilitation Act, and Title II of the ADA. The agreement currently requires compliance with the statutes themselves, but not the associated regulations. HUD now requires cooperative agreements to include language agreeing to comply with both the statutes and the associated regulations. • Updates to Sections 6 and 7 reflect the current application review process. RECOMMENDATIONS: Community Development staff and the City Attorney have reviewed the proposed fourth amendment to the IGA and recommend approval. Approval of said amendment will maintain compliance with HUD requirements and preserve the City’s ability to participate in the CDBG program. Council Action Form – CDBG IGA Amendment June 12, 2023 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 32-2023, a resolution approving the fourth amendment to an Intergovernmental Cooperation Agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding.” Or, “I move to postpone indefinitely Resolution No. 32-2023, a resolution approving the fourth amendment to an Intergovernmental Cooperation Agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Jerry Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 32-2023 2. Exhibit A - Fourth Amendment to Intergovernmental Cooperation Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2023 TITLE: A RESOLUTION APPROVING THE FOURTH AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge (“City”) is authorized to enter into cooperative agreements with other governmental entities to provide any function, service, or facility each is authorized to undertake; and WHEREAS, on June 13, 2011, by Resolution No. 17, Series 2011, the City Council (“Council”) approved an Intergovernmental Cooperation Agreement between the City and Jefferson County (“County”) concerning Community Development Block Grant programs (the “IGA”); and WHEREAS, on September 26, 2011, by Resolution No. 33, Series 2011, the Council approved a First Amendment of said IGA; and WHEREAS, on July 14, 2014, by Resolution No. 42, Series 2014, the Council approved a Second Amendment of said IGA; and WHEREAS, on September 28, 2020, by Resolution No. 47, Series 2020, the Council approved a Third Amendment of said IGA; and WHEREAS, the Council wishes to approve a Fourth Amendment in order to maintain compliance with federal requirements and preserve the City’s ability to participate in the Community Development Block Grant program; and WHEREAS, pursuant to Section 14.2 of the City’s Home Rule Charter, the Council must approve intergovernmental agreements and amendments thereto by resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Fourth Amendment to the Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge concerning Community Development Block Grant Programs, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 12th day of June 2023. ___________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk TM 11-01050 ATTACHMENT 2 1 FOURTH AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS FOURTH AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT (this “Fourth Amendment”), dated for reference purposes only this 12th day of June 2023, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado (the “City”). RECITALS A. The County and City previously entered into an Intergovernmental Cooperation Agreement dated May 25, 2011 (the “Agreement”), which qualified the County as an urban county and entitled the parties to receive Community Development Block Grant (“CDBG”) funds to conduct and administer housing and community development activities and projects; B. The County and City subsequently entered into (1) the First Amendment to Intergovernmental Cooperation Agreement dated August 29, 2011; (2) the Second Amendment to Intergovernmental Cooperation Agreement dated June 4, 2014; and (3) the Third Amendment to Intergovernmental Cooperation Agreement dated September 15, 2020; C. The County and City now desire to further amend the Agreement as set forth herein to meet the requirements for cooperation agreements set forth in the current urban county qualification notice and to update the urban county's project application and approval process. D. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. AGREEMENT In consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the City agree as follows: 1. Section 4(e) of the Agreement shall be deleted in its entirety and replaced with the following: The County and the City shall (i) take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR part 100, and regarding affirmatively furthering fair housing; (ii) comply with section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR part 8, Title II of the Americans with EXHIBIT A TM 11-01050 ATTACHMENT 2 2 Disabilities Act, and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR part 146, and Section 3 of the Housing and Urban Development Act of 1968; and (iii) comply with all other applicable laws. Urban county funding shall not be used for activities in, or in support of, the City if the City does not affirmatively further fair housing within its own jurisdiction or the City impedes the County’s actions to comply with the County’s fair housing certification. 2. A new Section 4(f) shall be added to the Agreement which reads as follows: The County and the City will comply with the requirements in the Form HUD 424-B (“Applicant and Recipient Assurances and Certifications”), which the County signs. 3. Section 6 of the Agreement shall be deleted in its entirety and replaced with the following: 6. Project Application and Approval Process. a. Project applications from the County, the City and other eligible applicants will be reviewed by the County’s Community Development Division using evaluation criteria set forth in the applicable Consolidated Plan and the goals of the Jefferson County Board of County Commissioners. Higher priority shall be given to eligible proposals submitted by the County and the City so long as proposals are consistent with the applicable Consolidated Plan. b. The decision for determining what funds receive block grant funding is the responsibility of the Jefferson County Board of County commissioners. 4. Section 7 of the Agreement shall be deleted in its entirety. 5. Except as amended herein, all terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. In the event of any conflict between the Agreement and this Fourth Amendment, the terms and conditions of this Fourth Amendment shall control. (Signature Page Follows) TM 11-01050 ATTACHMENT 2 3 The parties hereto have caused this Fourth Amendment to be executed. COUNTY OF JEFFERSON STATE OF COLORADO By: _____________________________ Andrew Kerr, Chairman Board of County Commissioners Date: ___________________________ APPROVED AS TO FORM: _______________________ Jean R. Biondi Assistant County Attorney CITY OF WHEAT RIDGE STATE OF COLORADO By: ____________________________ Bud Starker, Mayor Date: __________________________ ITEM NO: 2 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2023 – A RESOLUTION APPROVING AN AGREEMENT WITH DENVER URBAN GARDENS, INC. ASSOCIATED WITH THE HAPPINESS GARDENS FOOD FOREST PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ _____________________________ Director of Parks & Recreation City Manager ISSUE: City staff worked with Denver Urban Gardens (DUG) to create a Food Forest at Happiness Gardens, which was dedicated on May 5, 2023. The agreement details the ongoing relationship between the City and DUG related to the Food Forest, and the responsibilities of each entity. PRIOR ACTION: The Food Forest was dedicated on May 5, 2023. Mayor Pro Tem Stites was in attendance. FINANCIAL IMPACT: There are ongoing costs associated with maintaining the Food Forest, which are budgeted in the general fund. There is no financial impact specifically associated with this agreement. BACKGROUND: DUG’s Food Forest Initiative was launched in spring 2022 with the goal of planting accessible food forests in small, underutilized areas in public spaces and community gardens. In 2023, the program is expanding to 20 food forests. Happiness Gardens was selected in early 2023 to participate in this program. DUG staff worked directly with the City’s Parks, Forestry, and Open Space team to successfully implement the program. Council Action Form – IGA with Denver Urban Gardens June 12, 2023 Page 2 Food forests are one of the most ancient forms of land stewardship and DUG is expanding the idea of what an urban garden can be by bringing them to Denver. By combining trees, shrubs, perennials, and some annuals, these sites mimic the resilience and productivity of a forest. Different sizes and ecological niches allow a wide diversity of plants to thrive together, while yielding food, medicine, and habitat. That diversity reduces the need for maintenance over time. For thousands of years, cultures around the world have designed their own unique food forests based on the needs and opportunities of their region. DUG, in collaboration with the City of Wheat Ridge, aims to do the same and create public-access, shady oases planted with water-conscious dryland techniques and built to thrive in a changing climate and feed the community at the same time. RECOMMENDATIONS: Staff recommends approval of this resolution and associated IGA with Denver Urban Gardens, Inc. RECOMMENDED MOTION: “I move to approve Resolution No. 33-2023, a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest.” Or, “I move to postpone indefinitely Resolution No. 33-2023, a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2023 2. Exhibit A - DUG Community Food Habitat Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2023 TITLE: A RESOLUTION APPROVING AN AGREEMENT WITH DENVER URBAN GARDENS, INC. ASSOCIATED WITH THE HAPPINESS GARDENS FOOD FOREST WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service, or facility each is authorized to undertake; and WHEREAS, the City of Wheat Ridge collaborated with Denver Urban Gardens, Inc. to create and dedicate a food forest at Happiness Gardens; and WHEREAS, the City and Denver Urban Gardens Inc. have specific and joint responsibilities related to implementing the project and have specific goals for the project; and WHEREAS, the City of Wheat Ridge wishes to enter into an agreement with Denver Urban Gardens to accomplish these goals. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The agreement between the City and Denver Urban Gardens, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 12th day of June 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 COMMUNITY FOOD HABITAT AGREEMENT PREAMBLE This Community Food Habitat Agreement (the “Agreement”) is entered into by and between Denver Urban Gardens, Inc. (“DUG” or a “Party”), a Colorado non-profit corporation, and [______________] (“Owner” or a “Party”, with DUG the “Parties”), a [_____________], and shall be effective as of [_____________] (the “Effective Date”). WHEREAS,DUG is a non-profit organization that creates (i) urban foraging and gathering patches (“Food Forests”), and (ii) community garden allotments (“Gardens,”), when grouped together called “Sustainable Properties”) to help provide fresh food to urban communities and facilitate sustainable eating practices (the “Purpose’). WHEREAS,Owner is the owner of that certain property located at [________________] (the “Property”), and the Property is subject to no material restrictions on Owner’s ability to use the Property to house a Food Forest. WHEREAS,Owner desires to grant to DUG a license to use some or all of the property (the “Premises,” as described in Schedule 1 hereto) under the terms and conditions set forth below, and DUG desires to accept such license. NOW, THEREFORE,in consideration of the mutual promises and covenants contained herein, as well as other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Parties hereby agree as follows: 1. Term; Renewal. This Agreement shall commence on the Effective Date and shall remain in effect for a period of [________] from the Effective Date (the “Initial Term”). Upon expiration of the Initial Term or any subsequent term, this Agreement shall renew for an additional one (1) year term (such term and any subsequent renewals each a “Renewal Term,” the Initial Term and all Renewal Terms collectively the “Term”) unless either Party provides written notice of such Party’s intent to cancel this Agreement in accordance with Section 2 of this Agreement. 2. Termination. This Agreement may be terminated: 1. By either Party at the end of the Initial Term or a Renewal Term by providing notice of the intent to terminate at least six (6) months prior to the end of such term. 2. Immediately by either Party if the other Party has materially breached this Agreement and either (i) the breaching Party failed to substantially cure such material breach within thirty (30) days of being informed of same, or (ii) it will be impossible for the other Party to satisfy its obligations under this Agreement. 3. By Owner, upon Owner selling, devising, or otherwise relinquishing control of the Property or the Premises. EXHIBIT A The City of Wheat Ridge a home rule municipality June 12, 2023 4226 Ammons St, Wheat Ridge, CO 80033 three (3) years ATTACHMENT 2 4.Immediately by Owner if,in Owner’s reasonable discretion,continued use of the Sustainable Property will materially and negatively impact the safety of the Property. 3.Grant of License.Owner grants DUG a license to use the Premises during the Term to create either a Food Forest and/or a Garden,and to advance the Purpose,subject to the following parameters: 1.Food Forest License.The parameters of the license granted to any plot that constitutes a Food Forest is as set forth in Exhibit 3.1 hereto. 2.Garden License.The parameters of the license granted to any plot that constitutes a Garden is as set forth in Exhibit 3.2 hereto. 3.Limitation of License.This Agreement is not a lease,shall not be construed as a lease,grants DUG no rights whatsoever to use the Premises,and imposes on DUG no obligations towards the premises,except as set forth herein.The license set forth in this Agreement is exclusively for the purposes set forth herein. 4.Relationship of the Parties.The relationship between the Parties is that of independent contractors.The details of the method and manner for performance of each Parties’obligations under this Agreement shall be under its sole control,the other Party being interested only in the results thereof.Each Party shall be solely responsible for supervising,controlling,and directing the details and manner of the completion of its obligations under this Agreement.Nothing in this Agreement shall give either Party the right to instruct,supervise,control,or direct the details and manner of the other Party’s satisfaction of its obligations under this Agreement,subject to the terms of this Agreement.Nothing contained in this Agreement shall be construed as creating any agency,partnership,joint venture or other form of joint enterprise,employment,or fiduciary relationship between the parties,and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 5.Party Representations and Warranties.Each Party represents and warrants that: 1.Such Party shall perform its obligations under this Agreement: (a)in accordance with the terms and subject to the conditions set out in this Agreement; (b)using personnel of required skill,experience,and qualifications taking into account the performance required to satisfy this Agreement;and (c)in a timely,workmanlike,and professional manner in accordance with generally recognized standards of conduct for similar services. 2.To the best of such Party’s knowledge and after reasonable investigation,entering into this agreement does not violate any third-party agreement or laws. 3.It has the authority to enter into this Agreement,and that the individual executing this Agreement on such Party’s behalf has the power to bind the Party to agreements. 4.DUG’s obligations under this Agreement shall extend only to the Premises as defined herein,and shall in no way include any other obligations whatsoever relating to any locations included in the Premise,appurtenant to the Premise,or not otherwise set forth herein. 6.Indemnification;Insurance. 1.Each Party (as “Indemnifying Party”)shall indemnify,hold harmless,and reimburse the other Party and its managers,officers,directors,employees,agents,and permitted assigns (collectively,“Indemnified Party”)against any and all losses,damages, liabilities,deficiencies,claims,actions,judgments,settlements,interest,awards,penalties, fines,costs,or expenses of whatever kind,including professional fees and reasonable attorneys'fees,that are awarded against Indemnified Party in a final non-appealable judgment (collectively,“Losses”),arising out of any third-party claim alleging: (a)material breach or non-fulfillment of any material representation, warranty,or covenant under this Agreement by Indemnifying Party; (b)any grossly negligent or more culpable act or omission of Indemnifying Party (including any reckless or willful misconduct)in connection with the performance of its obligations under this Agreement; (c)any bodily injury,death of any person,or damage to real or tangible personal property caused by the grossly negligent or more culpable acts or omissions of Indemnifying Party (including any reckless or willful misconduct);or (d)any failure by Indemnifying Party to materially comply with any applicable federal,state,or local laws,regulations,or codes in the performance of its obligations under this Agreement. 2.Notwithstanding anything to the contrary in this Agreement,Indemnifying Party is not obligated to indemnify,hold harmless,or defend Indemnified Party against any claim (whether direct or indirect),to the extent such claim or corresponding Losses arise out of or result from Indemnified Party's: (a)negligence or more culpable act or omission (including recklessness or willful misconduct);or (b)failure to comply with any of its material obligations set forth in this Agreement. 3.DUG shall maintain insurance policies in such form and in such amounts as set forth in Exhibit 6.1 hereto.Owner shall maintain insurance policies in such form and in such amounts as set forth in Exhibit 6.2 hereto.Each Party shall notify the other Party of any material change in such insurance coverage. 7.Retroactivity;Release. 1. In the event that DUG began designing or operating a Sustainable Property on the Premises before the Effective Date of this Agreement, the Parties Agree that the terms of this Agreement shall be made retroactive to the date that DUG first began designing or operating such Sustainable Property. 2. Each Party represents and warrants that any activities performed prior to the Effective Date of this Agreement were nonetheless performed in a manner which would have been in accordance with the terms of this Agreement, had this Agreement been in effect for such performance. 3. Owner specifically fully indemnifies, holds harmless, and releases DUG against any and all claims or losses of any sort arising from or related to any conduct by DUG prior to the Effective Date of this Agreement. 8. Entire Agreement. This Agreement, including and together with any exhibits, schedules, attachments and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. Any additional terms specific to Owner shall be contained in Exhibit 8 hereto. 9. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice", and with the correlative meaning "Notify") must be in writing and addressed to the other Party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Notices must be delivered by personal delivery, nationally recognized overnight courier, certified or registered mail (in each case, return receipt requested, postage prepaid), or via electronic mail with delivery and read receipt requested. Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 9. Notice to Owner:[____________] Attention: [___________] [____________] [____________] Email: Notice to DUG:DUG, Inc. Attention: [__________] 1031 33 rd St., Ste. 100 Denver, CO 80205 Email: [____________] The City of Wheat Ridge Karen A. O'Donnell 4005 Kipling St. Wheat Ridge, CO 80033 kodonnell@ci.wheatridge.co.us Lara Fahnestock lara@dug.org 10.Severability.If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid,illegal,or unenforceable in any jurisdiction,such invalidity, illegality,or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 11.Amendments.No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. 12.Waiver.No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.Except as otherwise set forth in this Agreement,no failure to exercise,or delay in exercising,any right, remedy,power,or privilege arising from this Agreement shall operate or be construed as a waiver thereof,nor shall any single or partial exercise of any right,remedy,power,or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy,power,or privilege. 13.Assignment.Neither Party shall assign,transfer,delegate or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party,except that Owner may transfer or sell its interests in the Property to a third party. Any purported assignment or delegation in violation of this Section 12 shall be null and void. 14.Successors and Assigns.This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns. 15.No Third-Party Beneficiaries.This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied,confers on any other Person any legal or equitable right,benefit or remedy of any nature whatsoever under or by reason of this Agreement. 16.Choice of Law.This Agreement and all related documents including all exhibits attached hereto,and all matters arising out of or relating to this Agreement,whether sounding in contract,tort,or statute are governed by,and construed in accordance with,the laws of the State of Colorado,United States of America,without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado. 17.Choice of Forum.Each Party irrevocably and unconditionally agrees that it will not commence any action,litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement,including all exhibits,schedules, attachments,and appendices attached to this Agreement,and all contemplated transactions,in any forum other than Denver,Colorado.Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action,litigation or proceeding only in Denver,Colorado.Each Party agrees that a final judgment in any such action, litigation,or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.To the extent a Party is required to seek enforcement of this Agreement or otherwise defend against an unsuccessful claim of breach,the unsuccessful Party shall be liable for all attorney's fees and costs incurred by the successful party. 18.Waiver of Jury Trial.EACH PARTY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT,INCLUDING ANY EXHIBITS,SCHEDULES,ATTACHMENTS,AND APPENDICES ATTACHED TO THIS AGREEMENT,IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE,EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT,INCLUDING ANY EXHIBITS,SCHEDULES,ATTACHMENTS,OR APPENDICES ATTACHED TO THIS AGREEMENT,OR THE TRANSACTIONS CONTEMPLATED HEREBY. 19.Counterparts and Electronic Signature.This Agreement may be executed in counterparts,each of which is deemed an original,but all of which together are deemed to be one and the same agreement.Notwithstanding anything to the contrary herein,a signed copy of this Agreement delivered by facsimile,email,or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.Additionally, each Party is entitled to execute this Agreement in manual or electronic form pursuant to the Uniform Electronic Transactions Act as modified from time to time. 20.Construction.Any ambiguity or inconsistency in this Agreement is to be resolved in accordance with the most reasonable construction and not strictly for or against either party by virtue of that party’s authorship.Headings are provided for convenience only and shall not affect the meaning of any terms contained herein.As necessary,the singular includes the plural,the masculine includes the feminine,and vice versa. 21.Force Majeure.No Party shall be liable or responsible to the other Party,or be deemed to have defaulted under or breached this Agreement,for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such Party’s (“Impacted Party’s”)failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Impacted Party including,without limitation,acts of God,flood,fire, earthquake,explosion,governmental actions,war,invasion or hostilities (whether war is declared or not),terrorist threats or acts,riot,or other civil unrest,national emergency, revolution,insurrection,epidemic,lock-outs,strikes or other labor disputes affecting the Impacted Party's workforce,or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials,materials,or telecommunication breakdown or power outage.The Impacted Party shall give notice within five (5)days of the force majeure event to the other Party,stating the period of time the occurrence is expected to continue.The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such force majeure event are minimized.The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.Notwithstanding anything to the contrary herein,in the event that the Impacted Party's failure or delay remains uncured for a period of twenty-one (21)days following written notice given by it under this Section 24,the other Party may thereafter terminate this Agreement immediate [SIGNATURE PAGE AND EXHIBITS FOLLOW] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date by their respective duly authorized representatives. [________________________] By_____________________ Name: __________________ Title: __________________ Denver Urban Gardens, Inc. By_____________________ Name: __________________ Title: __________________ [ ]These Premises shall contain a Food Forest [ ]These Premises shall contain a Garden The City of Wheat Ridge Bud Starker Mayor X SCHEDULE 1 THE PREMISES [SEE ATTACHED] TREE KEEPER LICENSE 1. DUG Responsibilities. It is understood that Food Forests are largely unsupervised and open to the general public (such general public individually and collectively “Foragers”). (a) DUG shall appoint one or more “Tree Keepers” to manage the Food Forest. DUG shall remain at all times responsible under this Agreement for the conduct of all Tree Keepers, and shall maintain all records relevant to the Food Forest and each Forest Keeper. (b) Tree Keepers shall collectively be responsible for maintaining the Food Forest in proper condition, including without limitation by: (i)Placing adequate signage around the Food Forest educating Foragers on the identity and characteristics of each edible plant. (ii)Placing adequate signage around the Food Forest to ensure that Foragers do not eat from unmarked plants, obey all Food Forest rules , and limit their activities to the Premises. (iii)Ensuring that the rules of the Food Forest are prominently displayed to Foragers. (iv)Maintaining the Food Forest in a manner that reduces or eliminates safety hazards (e.g. removing significant thorny patches, fencing off or removing potentially dangerous features), and which reduces the likelihood of the Food Forest being deemed an attractive nuisance. (v)Growing and maintaining the plants in the Food Forest. (vi)Informing DUG of any issues that arise with the Food Forest and coordinating with DUG to resolve any such issues. (vii)Periodically visiting the Food Forests to ensure that Foragers are acting in accordance with the intended purpose of the Food Forests (c) DUG shall be responsible for general oversight of the Food Forest, including without limitation: (i)Advertising the existence of the Food Forest. (ii)Designing and implementing significant improvements or maintenance for the Food Forest, and seeking Owner approval for improvements that would create new fixtures or materially alter the property. (iii)Liaising between Owner and Tree Keepers. EXHIBIT 3.1 (iv)Maintaining liability insurance covering the Premises used for the Food Forest as set forth in Exhibit A hereto. 2. Owner Responsibilities. Owner shall be responsible for: (i)Ensuring that the Premises are accessible to Tree Keepers and Foragers during normal operating hours. (ii)Ensuring that the Property is maintained in a manner that does not materially inhibit DUG from building the Food Forest or fulfilling its Purpose. (iii)Ensuring that the Premises maintain consistent water access as needed to maintain the Food Forest. (iv)Providing DUG with any special conditions or directions regarding use of the Premises, including notifying DUG of any special laws or regulations affecting the Property or Premises. (v)Approving or denying any DUG requests to materially modify the property within fifteen (15) days of receipt (with failure to respond constituting a denial). 1. DUG Responsibilities. DUG shall act as the agency representative of those individuals who use the Garden (the “Gardeners”) to the Owner. DUG's use of the Premises is subject to the following limitations: (a) All Gardeners must abide by Community Garden Guidelines, established from time to time by DUG. Further, all Gardeners must sign a Waiver and Release in the form set forth in Schedule 3.2 hereto. (b) DUG will appoint one or more local representatives (each a “Garden Leader”). The Garden Leaders will coordinate garden activities with DUG. Responsibilities of the Garden Leaders will include: i. Coordinating and assigning available garden plots to all applicants on an equal and non-discriminatory basis, regardless of their affiliation with DUG, the Garden Leader or the Owner; or their race, color, creed, religion, sexual orientation, veteran status, physical challenge, socioeconomic status, or gender. ii. Coordinating general garden maintenance and gardener payment of nominal plot fees to be allocated foremost toward water costs. iii. Consistent contact with DUG, to keep DUG and the Owner informed of garden changes, site activities, and/or garden needs. iv. Maintaining an up-to-date gardener list including completed Waiver and Release forms for each Gardener, to be provided to Owner upon request. v. Communicate to Gardeners the boundaries and rules of the Premises, Community Garden Guidelines, and any other rules the owner might choose to issue. (c) DUG will provide the following services to the Garden, contingent upon desires of the Owner and participating Gardeners, and on available funding: i. Advertising plot availability and referring interested participants to the Garden Leaders. ii. Designing, implementing, and organizing Garden improvements. iii. Appointing, overseeing, and communicating with Garden Leaders. iv. Organizing seasonal garden meetings. v. Conducting special or particular maintenance tasks for the Garden and on behalf of the Gardener’s on the Premises, other than those practices normally associated with gardening or any applicable code, including without limitation and by way of illustration installing garden fence and repairing irrigation lines . 2. Owner Responsibilities. Owner shall be responsible for: i. Ensuring that the Premises are accessible to Gardeners during normal operating hours. ii. Ensuring that the Property is maintained in a manner that does not materially inhibit DUG from building the Garden or fulfilling the Purpose. EXHIBIT 3.2 GARDEN LICENSE iii. Ensuring that the Premises maintain consistent water access as needed to maintain the Garden. iv. Providing DUG with any special conditions or directions regarding use of the Premises, including notifying DUG of any special laws or regulations affecting the Property or Premises. v. Approving or denying any DUG requests to materially modify the property within fifteen (15) days of receipt (with failure to respond constituting a denial). [SEE ATTACHED] SCHEDULE 3.2 WAIVER AND RELEASE FORM www.dug.org | 1031 33rd St. #100 Denver, CO 80205 | (303) 292-9900 Denver Urban Gardens Confidentiality Agreement This Agreement is made and entered into as of the ______day of _________, 20____, between Denver Urban Garden, a Colorado nonprofit organization with principal offices located at 1031 33rd Street, Suite 100, Denver, CO 80205 ("DUG") and _____________________, a ____ STAFF MEMBER, ____ BOARD MEMBER, or ____ VOLUNTEER (check one). I, the undersigned, understand that during the course of my work, I may be given access to confidential, privileged, or proprietary information by the DUG in order to perform my responsibilities in a manner that meets the DUG’s needs and enhances the delivery of service. By signing this document, I am agreeing to comply with all regulations and laws established to protect confidential information. I understand that accessing or releasing confidential information and/or records or causing this to occur outside the course of my assigned duties would constitute a violation of this agreement. I understand that proven violation of this agreement can result in termination of my access to information and may result in personal action being taken against me. “Confidential Information” means any and all information of either party disclosed or otherwise made available to or learned by the parties under this Agreement or performing the Services this Agreement requires, which is designated as “confidential” or “proprietary” or which, under all of the circumstances, ought reasonably to be treated as confidential, and includes, but is not limited to, internal records and personnel records. I agree to: ●Maintain confidential information and not reveal it to clients, colleagues, or others with whom I interact without procuring the necessary releases or authorizations. ●Utilize information disclosed to me solely for the purpose of completing the scope of work set forth in the Data Sharing and Confidentiality Agreement or the Services Agreement. Role: ____ STAFF MEMBER, ____ BOARD MEMBER, or ____ VOLUNTEER Print Name: __________________________________________________ Title/organization: ______________________________ Signature: ________________________________ EXHIBIT 6.2 INSURANCE POLICIES ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/20/2020 (303) 442-1484 18058 Denver Urban Gardens 1031 33rd Street Suite 100 Denver, CO 80205 32700 A 1,000,000 X PHPK2098997 2/17/2020 2/17/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B 4434581201 2/17/2020 2/17/2021 2,000,000A PHUB711817 2/17/2020 2/17/2021 2,000,000 10,000 School District No. 1 in the City and County of Denver, dba Denver Public Schools are included as additional insureds as their interests may appear when required by written contract. Waiver of subrogation with respects to General Liability and Auto Liability as required by written contract.; City and County of Denver 780 Grant Denver, CO 80203 DENVURB-01 CMORGAN Taggart & Associates, Inc. 1680 38th Street Suite 110 Boulder, CO 80301 Regina Casey rcasey@taggartinsurance.com Philadelphia Indemnity Insurance Company Owners Insurance Company X X X X X X X Exhibit D EXHIBIT 8 ADDITIONAL OWNER TERMS ITEM NO: 3 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2023 – A RESOLUTION AMENDING THE 2023 FISCAL YEAR OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $523,551 FOR THE PURPOSE OF ACCEPTING AND APPROPRIATING THE METROPOLITAN FOOTBALL STADIUM DISTRICT REIMBURSEMENT FOR YOUTH ACTIVITY PROGRAMS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________ _____________________________ Director of Parks & Recreation City Manager ISSUE: The City of Wheat Ridge received $523,551 from the sale of the Denver Broncos Football Club. The funds must be used for “youth activity programs” within the Wheat Ridge community. Staff presented recommendations based on youth feedback at the June 5th study session. This resolution will appropriate the stadium district funds for this project(s). PRIOR ACTION: At the June 5, 2023 study session, Recreation Manager Susan Anderson shared how the City obtained these funds, the initial staff planning and research involved, the youth engagement process, and ultimately, a recommendation for use of funds, based on youth feedback. Susan Anderson shared the presentation and preliminary feedback with the Parks and Recreation Commission on May 17, 2023. All members were supportive of the approach and proposed use of funds. Council Action Form – MFSD Funds June 12, 2023 Page 2 FINANCIAL IMPACT: The project budget, including contingency, will not exceed the City’s Metropolitan Football Stadium District (MFSD) “sharing amount” of $523,551. BACKGROUND: In September of 2022, the City received notice from the MFSD, stating that the sale of the Denver Broncos Football Club triggered components of both the original legislation which created the MFSD and the lease and management agreement which ties the franchise to the taxpayer owned facility, Empower Field at Mile High and subsequently to the counties, cities, and towns within a 7-county metro Denver boundary. The $4.65 billion sale of the Broncos franchise resulted in a “sharing amount” of just over $41 million. The MFSD Board elected to distribute these funds proportionately to the counties, cities, and towns in which the stadium tax was collected. The City of Wheat Ridge’s proportionate percentage of tax revenue was 1.275774% or $523,551. Provisions of the legislation and subsequent management agreement require the funds to be used for “youth activity programs.” Under the leadership of Recreation Manager Susan Anderson, staff worked with GameTime, Recreation Plus, and Yalp to develop various youth activity program options to share with youth in the community. Staff set up several meetings and invited youth to attend. Approximately 60 youth provided feedback on the options. By engaging youth in the community, the City will be able to use these funds to purchase and install what local youth want, rather than what Staff thinks they might want. RECOMMENDATIONS: Staff recommends that Council approve the resolution and associated supplemental budget appropriation. Alternatively, Council can request that staff go back to the community and seek other ideas for the use of these funds. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2023, a resolution amending the 2023 Fiscal Year Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $523,551 for the purpose of accepting and appropriating the Metropolitan Football Stadium District reimbursement for youth activity programs.” Or, “I move to postpone indefinitely Resolution No. 34-2023, a resolution amending the 2023 Fiscal Year Open Space Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $523,551 for the purpose of accepting and appropriating the Metropolitan Football Stadium District reimbursement for youth activity programs for the following reason(s) _________________________________________________________________________.” Council Action Form – MFSD Funds June 12, 2023 Page 3 REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2023 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2023 TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $523,551 FOR THE PURPOSE OF ACCEPTING AND APPROPRIATING THE METROPOLITAN FOOTBALL STADIUM DISTRICT REIMBURSEMENT FOR YOUTH ACTIVITY PROGRAMS WHEREAS, the City of Wheat Ridge received Metropolitan Football Stadium District Funds as a result of the sale of the Denver Broncos Football Club to be used for “youth activity programs”; and WHEREAS, the recommended play equipment selected by youth in the Wheat Ridge community will successfully meet the “youth activity programs” requirement; and WHEREAS, the Wheat Ridge Parks and Recreation Master Plan calls for a balanced and equitable park and recreation system responsive to all age groups and user groups; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A supplemental budget appropriation and transfer of $523,551 is hereby approved from General fund designated reserves to Open Space Fund account No. 32-601-800-888 for the purposes of purchasing and installing the recommended play equipment. DONE AND RESOLVED this 12th day of June 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Your signature here ITEM NO: 4 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE CITY MANAGER APPOINTMENT OF DAIRY LIZETH HURLBURT TO THE CULTURAL COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Clerk City Manager ISSUE: On May 7, 2023, Nancy Dragani, an At-Large member of the Cultural Commission resigned her position effective immediately. The vacancy was posted for a term of two weeks on the City of Wheat Ridge web site and promoted through various channels from May 8 to May 21. Applications have been compiled for the City Manager’s review so that the seat can be filled. PRIOR ACTION: Members of City Council appoint members to boards and commissions annually and as needed and throughout the year when vacancies are filled. Per the City of Wheat Ridge Code, the Cultural Commission is apprised of 8 members appointed by the City Council, 2 members from each City Council District. One additional member, for a total of 9 members, is an At-Large member appointed by the City Manager. FINANCIAL IMPACT: None BACKGROUND: Each year, the City advertises for residents who might be interested in volunteering on one of the Boards or Commissions. This year, positions were advertised twice in the Jeffco Transcript and through a multi-week promotional campaign including the City’s website, social media, email, Council Action Form – Planning Commission Appointment June 12, 2023 Page 2 newsletters, and direct email to graduates of Wheat Ridge 101. Appointments were made during the regularly scheduled City Council Meeting on February 27, 2023. The resignation of one Cultural Commission member was received by the Commission Liaison on May 7, 2023. The City retains applications for a period of one year. The City Managers Appointment Packet (Attachment 1) includes applications received in the last twelve months and new applications as a result of this vacancy and posting. RECOMMENDATIONS: The City Manager recommends the appointment of Dairy Lizeth Hurlburt to fill the current At- Large vacancy on the Cultural Commission. RECOMMENDED MOTION: “I move to approve the City Manager appointment of Dairy Lizeth Hurlburt to the Cultural Commission, term to expire March 02, 2024.” Or, “I move to appoint ________________ to the Cultural Commission, term to expire March 02, 2024.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Cultural Commission Vacancy Applicant Packet 2023 Cultural Commisson At-Large Appointment Applicant Summary Last Name First Name District Notes Application Hyperlink Bodor Tiffany I Originally Applied for February Appointments tifbodor@gmail.com DiLeo Jody I Originally Applied for February Appointments jodydileo@gmail.com Hurlburt Dairy Lizeth I New candidate application received 5.12.23 dairyach@icloud.com Cultural Commission - Please select one commissioner from each Districts I and II; and two commissioners from Districts III and IV. Please note that an out of District appointment may be made at Council's discretion. ATTACHMENT 1 ITEM NO: 5 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2023 – AN ORDINANCE AMENDING SECTION 17-36 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF ASSISTED MOBILITY DEVICES IN CONSERVATION AREAS PUBLIC HEARING ORDINANCES FOR 1ST READING (05/22/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/12/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Director of Parks & Recreation City Manager ISSUE: On July 11, 2022, City Council amended Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices in conservation areas by persons with disabilities. Subsequently, it was determined additional sections of the Code should have also been amended, as well, to address this same issue. This ordinance will amend Section 17-36 to address the use of mobility devises in conservation areas. PRIOR ACTION: On May 22, 2023, City Council approved the ordinance on first reading. A motion was made by Councilmember Hoppe, seconded by Councilmember Stites and approved by a vote of 8 to 0. The current Section 17-36 of the Code titled “Conservation area” was adopted in 2004. Section 17-52 of the Code titled “Vehicles” was updated on July 11, 2022, to allow for the use of assisted mobility devices in conservation areas. Council Action Form – Assisted Mobility Devices June 12, 2023 Page 2 FINANCIAL IMPACT: Minor costs associated with updating signage, maps, posted rules and regulations, though this is mostly complete. Depending upon the degree of use of the permitted assisted mobility devices, some staff enforcement costs may be experienced. BACKGROUND: The Americans with Disabilities Act (ADA) requires public and private entities to make reasonable accommodations to their facilities and programs in order to ensure that persons with disabilities are able to access and use the same in substantially the same manner as other persons. Familiar examples are curb ramps for accommodating wheelchairs, reserved parking spaces and similar accessibility accommodations. Certain City trails have been posted “no bicycles,” where such use may be hazardous to other users or injurious to the trail itself. It has come to the attention of Parks and Recreation staff that this restriction prevents some persons from accessing the trail completely, as they have need of assisted mobility devices. This ordinance revises the relevant Code section to make an exception for assisted mobility devices for persons with disabilities. Staff will monitor use of the affected trails and adjust the policy as needed. RECOMMENDATIONS: Staff recommends adoption of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2023, an ordinance amending Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in conservation areas on second reading, ordered it published, and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 12-2023, an ordinance amending Section 17-36 of the Wheat Ridge Code of Laws to address the use of assisted mobility devices in conservation areas for the following reason(s) ______________________________________. REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 12-2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 12 ORDINANCE NO. 1764 Series 2023 TITLE: AN ORDINANCE AMENDING SECTION 17-36 OF THE WHEAT RIDGE CODE OF LAWS TO ADDRESS THE USE OF MOBILITY DEVICES IN CONSERVATION AREAS WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, the Council previously adopted Code Section 17-36 of the Wheat Ridge Code of Laws (the “Code”) concerning conservation areas; and WHEREAS, the Council now wishes to further amend Section 17-36 of the Code to address the use of mobility devices for persons with disabilities. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17-36 is amended to read: Roller blades, roller skates, skateboards, and bicycles are not allowed in the conservation area, WITH THE EXCEPTION OF MOBILITY DEVICES FOR PERSONS WITH DISABILITIES. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 22nd day of May 2023, 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 June 12, 2023, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. ATTACHMENT 1 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this 12th day of June 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: May 25, 2023 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 6 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2023 - AN ORDINANCE REPEALING AND AMENDING CERTAIN WEAPON OFFENSES IN CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS IN RESPONSE TO U.S. SUPREME COURT CASE LAW PUBLIC HEARING ORDINANCES FOR 1ST READING (05/22/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/12/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: This ordinance will repeal Sections 16-84 and 16-87 and amend Section 16-89 of the Wheat Ridge Code of Laws to conform with the recent Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, concerning weapon offenses. PRIOR ACTION: On May 22, 2023, City Council approved the ordinance on first reading. A motion was made by Councilmember Stites, seconded by Councilmember Dozeman and approved by a vote of 8 to 0. FINANCIAL IMPACT: None. BACKGROUND: In the Bruen decision, the Supreme Court chose to adopt the “historical tradition” test for the constitutionality of government firearm regulations. The burden now falls on a government to show there is a national historic tradition for a given firearm regulation, meaning a tradition generally in place when the Second Amendment was ratified in 1791. In reaching its holding, the Court also upheld the “sensitive places” doctrine, which permits a court to use analogies to CAF – Weapons Offenses June 12, 2023 Page 2 “longstanding laws forbidding the carrying of firearms in sensitive places such as schools and government buildings to determine whether modern regulations are constitutionally permissible.” The Court found that “[t]he Second Amendment's plain text thus presumptively guarantees [] a right to ‘bear’ arms in public for self-defense”. The Court reasoned that “Americans hazard greater danger outside the home than in it and that the text of the Second Amendment reflects that reality.” The Bruen Court held that the definition of “bear” naturally “encompasses public carry” of firearms and that to confine to the “right to ‘bear’ arms to the home would nullify half of the Second Amendment’s operative protections.” The net of the decision, as affecting the City’s regulation of the possession and public carrying of weapons by citizens, is that it is necessary to revise the City’s Code to reflect the “historical tradition” and “sensitive places” doctrines. While the courts will certainly further define the practical effect of the Supreme Court’s decision, in the meantime it is necessary to revise the Code on the basis of what we now know and can reasonably assume. In response to Bruen, the following code sections should be repealed or amended: • Sec. 16-84. - Carrying, etc., illegal weapons. (Repealed) • Sec. 16-87. - Carrying, etc., where intoxicants are sold. (Repealed) • Sec. 16-89. - Deadly weapons on city property prohibited. (Amended) RECOMMENDATIONS: Staff, WRPD, and the City Attorney recommend approval. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2023, an ordinance repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U.S Supreme Court case law, on second reading, order it published, and that it shall take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 13-2023, an ordinance repealing and amending certain weapon offenses in Chapter 16 of the Wheat Ridge Code of Laws in response to U.S Supreme Court case law, for the following reason(s) ________________. REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Christopher Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2023 2. Memo from City Attorney’s Office, dated March 23, 2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 13 ORDINANCE NO. 1765 Series 2023 TITLE: AN ORDINANCE REPEALING AND AMENDING CERTAIN WEAPONS OFFENSES UNDER CHAPTER 16 OF THE WHEAT RIDGE CODE OF LAWS IN RESPONSE TO U.S. SUPREME COURT CASE LAW WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, on June 23, 2022, the Supreme Court of the United States issued its opinion in N.Y. State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022); and WHEREAS, the Bruen Court significantly altered the state of Second Amendment Constitutional analysis by introducing the “historical tradition” test which requires a governmental entity to justify a firearm regulation by showing such regulation is consistent with “the Nation’s historical tradition of firearm regulation;” and WHEREAS, the Bruen Court recognized the validity of laws forbidding the carrying of firearms in “sensitive places” such as schools, government buildings, legislative assemblies, polling places, courthouses, and other analogous places; and WHEREAS, the Council has determined that Sections 16-84 and 16-87 of the Wheat Ridge Code of Laws (the “Code”) concern neither historically traditional firearm restrictions nor “sensitive places” and are therefore no longer likely constitutional and should be repealed; and WHEREAS, pursuant to Sections 18-12-214(c)(1) and 29-11.7-104 of the Colorado Revised Statutes, the City has the authority to adopt and enforce ordinances that prohibit the concealed and open carrying of a firearm in a building or specific area within the City’s jurisdiction; and WHEREAS, the Council finds that it is necessary and desirable to prohibit open and concealed carrying of firearms in certain designated “sensitive locations” in order to protect the safety of residents, visitors, and employees of the City; and WHEREAS, the Council further finds that regulation of firearms in the areas identified in this ordinance is consistent with and analogous to longstanding historic laws forbidding the carrying of firearms in sensitive places such as schools, government buildings, legislative assemblies, polling places, and courthouses. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sections 16-84 and 16-87 of Article IV of Chapter 16 of the Code are hereby repealed and designated as “Reserved” as follows: Sec. 16-84. - Carrying, etc., illegal weapons. RESERVED. (a) It is unlawful for any person to knowingly carry, conceal or cause to be concealed in any vehicle or to use any blackjack, multifixed bladed stellate throwing knife, or brass or metallic knuckles. (b) Nothing in this section shall apply to peace officers or to members of the Armed Forces of the United States or the Colorado National Guard acting in the lawful discharge of their duties. Sec. 16-87. - Carrying, etc., where intoxicants are sold. RESERVED. (a) It is unlawful for any person to carry, conceal or display any dangerous or deadly weapon while such person is on the premises of any establishment where malt, vinous or spirituous liquors are sold for consumption on the premises. (b) The provisions of this section shall not apply to peace officers or any other person duly licensed or authorized under applicable state or federal law to carry such weapon, nor to persons carrying such weapons in their place of business or having control of the premises at the time of the act of carrying. Section 2. Section 16-89 of the Code is hereby amended as follows: Sec. 16-89. - Deadly weapons on city property prohibited. (a) It is unlawful for any person other than a peace officer to carry, bring or possess a deadly weapon upon city property. (b) For purposes of this section "city property" means all GOVERNMENT buildings, facilities, real property, and portions, INCLUDING CITY-OWNED PARKS AND RECREATION AREAS, thereof: (1) Owned in whole or in part by the city or in which the city has a leasehold interest WHICH SERVE A GOVERNMENTAL PURPOSE, EXCEPT FOR CITY RIGHTS-OF-WAY whether as lessor or lessee; and (i) AS USED IN THIS SECTION (B)(1), “CITY RIGHTS-OF-WAY” MEANS ALL STREETS, ROADWAYS, SIDEWALKS, ALLEYS, DEDICATED TRAILS, AND ALL OTHER AREAS RESERVED FOR USE BY THE PUBLIC, AS A MATTER OF RIGHT, FOR THE PURPOSE OF VEHICULAR OR PEDESTRIAN TRAVEL. (2) Posted by the city with a sign at the public entrances notifying the public that the carrying of deadly weapons is prohibited on the property; AND (c) The chief of police or his or her designee is authorized and directed to post the public entrances of all city property with signs notifying the public that the carrying of deadly weapons is prohibited, unless otherwise directed by formal action of the city council. (d) Until such time as C.R.S. § 18-12-201 et seq. is repealed or amended, this section shall not apply to persons carrying concealed deadly weapons on city property as authorized by a valid concealed carry permit except as otherwise provided under subsection (e). (e) It is unlawful for any person to carry, bring or possess a concealed deadly weapon, carried in accordance with a valid concealed carry permit, into any city building at which the city has installed permanent electronic weapons screening devices and security personnel in accordance with C.R.S. § 18-12-214(4). (f) IT IS UNLAWFUL TO CARRY, BRING OR POSSESS A DEADLY WEAPON WITHIN 500 FEET OF ANY POLLING LOCATION WITHIN THE CITY ON THE DAY OF AN ELECTION OR ANY PLACE WITHIN THE CITY OFFICIALLY DESIGNATED BY THE JEFFERSON COUNTY CLERK AND RECORDER FOR THE COUNTING OF BALLOTS ON ANY DAY WHEN BALLOTS ARE BEING COUNTED OR FOR CONDUCTING ACTIVITIES RELATED TO A FEDERAL, STATE, OR MUNICIPAL ELECTION. THIS PARAGRAPH DOES NOT APPLY TO A PERSON WHO CARRIES A FIREARM THAT THE PERSON OWNS ON THE PERSON’S PRIVATE PROPERTY THAT IS WITHIN THE 500-FOOT BUFFER ZONE OR WHILE TRAVELING DIRECTLY BETWEEN THE PERSON’S PRIVATE PROPERTY AND A PLACE OUTSIDE THE 500-FOOT BUFFER ZONE. 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 the 22nd day of May 2023, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage on June 12, 2023 at 6:30 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 ______________, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: May 25, 2023 Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 To: Mayor Bud Starker and Wheat Ridge City Council From: Gerald Dahl and Nicholas Klein, City Attorney’s office Date: March 23, 2023 Re: City firearm regulations after Bruen decision Background Council may recall that at the regular Council meeting held on December 12, 2022, a concerned citizen testified during public comment that Sections 16-84, 16-87, 16-89, and 17-53 of the Wheat Ridge Code of Laws (the “Code”) are in part or wholly invalid based on the recent United States Supreme Court ruling in N.Y. State Rifle & Pistol Ass'n v. Bruen. 142 S. Ct. 2111 (2022). Our office analyzed these claims and are recommending text amendments to the Code to ensure its continued constitutionality. The Bruen Decision In the Bruen decision, the Supreme Court chose to adopt the “historical tradition” test for the constitutionality of government firearm regulations. The burden now falls on a government to show there is a national historic tradition for a given firearm regulation, meaning a tradition in place when the Second Amendment was ratified in 1791. In reaching its holding, the Court also upheld the “sensitive places” doctrine, which permits a court to use analogies to “longstanding laws forbidding the carrying of firearms in sensitive places such as schools and government buildings to determine whether modern regulations are constitutionally permissible.” The Court found that the “[t]he Second Amendment's plain text thus presumptively guarantees [] a right to ‘bear’ arms in public for self-defense”. Id. at 2135. The Court reasoned that “Americans hazard greater danger outside the home than in it and that the text of the Second Amendment reflects that reality.” Id. The Bruen Court held that the definition of “bear” naturally “encompasses public carry” of firearms and that to confine to the “right to ‘bear’ arms to the home would nullify half of the Second Amendment’s operative protections.” Id. at 2134–35. The net of the decision, as affecting the City’s regulation of the possession and public carrying of weapons by citizens, is that it is necessary to revise the City’s Code to reflect the “historical tradition” and “sensitive places” doctrines. While the courts will certainly further define ATTACHMENT 2 Bruen as Applied to the Wheat Ridge Code of Laws April 3, 2023 the practical effect of the Supreme Court’s decision, in the meantime it is necessary to make revisions to the Code on the basis of what we now know and can reasonably assume. Sec. 16-84. - Carrying, etc., illegal weapons. The weapons described in Code Section 16-84(a) are protected by the Second Amendment because they are a modern instrument used to facilitate armed self-defense. It is quite clear that a vehicle is not a “sensitive place” as defined by Bruen or other case law. Further, it would be difficult for the City to argue that the regulation of weapons within someone’s vehicle is a part of the Nation’s historical tradition of the regulation of arms. Therefore, this regulation is likely unconstitutional under Bruen and should be repealed. Sec. 16-86. - Brandishing, etc., deadly weapons (in a public place). This Code section is constitutional under Bruen, and we are not recommending any changes at this time. The Bruen Court specifically noted that there is a historical tradition of regulating the carrying of arms “in a manner likely to terrorize others.” In fact, the Court found that historic common-law offenses of “affray” or going armed to “the terror of the people” “imposed some limits on firearm carry that did not impair the right of the general population to peaceable public carry.” However, the Court found that the mere carry of a firearm in public is not enough to “terrify” people; there must be an overt act which would terrify the public. So long as the City enforces the Code section with the understanding that the mere possession of a firearm is not enough to “terrify,” the Code section will remain constitutional. Sec. 16-87. - Carrying, etc., where intoxicants are sold. This code section is invalid under Bruen, and we are recommending it be repealed There is no case law from any jurisdiction suggesting that premises in which alcohol is sold is a “sensitive place.” Further, the Nation’s historic tradition will show a rich history of the carrying of firearms in businesses that serve alcohol, at the time of the adoption of the Second Amendment. A court following Bruen may also find that the need for self-defense is especially heightened in an environment where intoxicated people are present. With this being said, private business may continue to forbid the carrying of firearms within their establishment, although the City may not impose such a ban itself. While there is no question that separating firearms and alcohol is good public policy, the Bruen decision precludes the City from doing so, and it will be left to private business action. Sec. 16-89. - Deadly weapons on [all] city property prohibited. & Sec. 17-53. – Weapons (prohibited in City park and recreation areas). Bruen as Applied to the Wheat Ridge Code of Laws April 3, 2023 These code sections are combined for discussion because of the natural interplay between them. Under Bruen and the “sensitive place” doctrine, it is constitutional for the City to prohibit the carrying of firearms within government buildings. The prohibition of the carrying of firearms on all City-owned real property and portions thereof may be overbroad; a court may find that only City owned property which serves a governmental purpose is a “sensitive place,” however, our Office believes the prohibition on the carrying of firearms is a defensible position under the case law. If challenged, it would be the City’s burden to show that it is within the Nation’s historical tradition to prohibit the carry of weapons in public parks. Our office feels it is a defensible policy decision to prohibit the carrying of weapons in public parks. While a court may strike down such a regulation, there is a much smaller chance of such a regulation being held invalid under Bruen compared to the Code sections we recommend repealing. Therefore, we recommend the attached text amendments to Code Section 16-89, but do not recommend any amendments to Code Section 17-53. Conclusion The Supreme Court in Bruen significantly altered the state of Second Amendment constitutional analysis. In response to Bruen, our office recommends the adoption of the attached draft ordinance to insulate the City from future legal challenges to the constitutionality of its Code sections concerning the public carrying of firearms. ITEM NO: 7 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2023 – AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING REQUIREMENTS FOR MIXED USE ZONE DISTRICTS PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance makes necessary updates to Article XI of Chapter 26 of the Code of Laws specifically to update and clarify development requirements for mixed use zone districts. The ordinance seeks to modernize portions of the mixed use code, to provide better clarity and organization for easier administration, and to establish standards that were not included in the original regulations. PRIOR ACTION: This topic was discussed with City Council in a study session on April 3, 2023 at which time Council provided consensus for staff to proceed with a code amendment. Specific issues associated with each proposed update are documented in the memo from that meeting. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023 and recommended approval. A copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. Council Action Form – Mixed-Use Code Updates June 12, 2023 Page 2 BACKGROUND: The City’s mixed use zoning requirements are found in Article XI of Chapter 26 and were adopted in 2010. A lot has changed in Wheat Ridge since 2010 when the code was written, and there are many lessons learned about how the current mixed use code is functioning. It is typical for cities to periodically update municipal codes as it relates to best practices, to add definitions and terms, and to clarify code language, particularly if they have not been reviewed or updated in several years. The ordinance makes the following updates to Article XI; additional detail can be found in the staff memo for the April 3, 2023 study session. • Adds to the code accessory building requirements because there are currently no allowances for accessory buildings, which was an oversight. Adds height, setback, and material regulations for all accessory buildings including sheds, garages, and ADUs. • Adds cross-reference to the City Charter regarding height, density, and exempted areas. • Updates building placement and orientation standards in Section 26-1105 including clarifying City authority to determine predominant orientation of townhomes and to require accessible pedestrian walks within developments. • Makes minor updates to vertical screening requirements to be consistent with the City’s Architectural and Site Design Manual. • Updates building material requirements in Section 26-1106: o Adds fiber cement siding and board-and-batten to allowed materials and creates limitations on the extent of this material on certain elevations. o Allows “classic” brick buildings whereby a façade can be majority brick and does not have to meet other change in material requirements. o Requires fuel canopy support structures to include primary materials. o Requires material specifications to be provided for synthetic materials. o Updates transparency requirements to allow some transfer between street-facing facades and to allow some non-reflective spandrel glass for back-of-house portions of buildings. o Updates rooftop screening requirements to be more clear. • Clarifies existing height bonuses for structured parking. • Updates bicycle parking requirements by increasing number of spaces required and allowing indoor secured bicycle parking. • Updates open space requirements in Section 26-1110: o Allows community gardens to count towards “usable” open space. o Codifies existing policy which allows artificial turf in limited circumstances for common areas. o Clarifies how open space percentages are calculated. • Updates permitted uses and adds definitions in Section 26-1111: o Defines and allows food truck parks o Updates definitions of personal services to include more items o Defines and allows makerspace o Prohibits drive-thrus in the MU-C TOD zone • Clarifies drive-thru and gas station separation requirements Council Action Form – Mixed-Use Code Updates June 12, 2023 Page 3 RECOMMENDATIONS: Staff recommends approval of the ordinance updating the mixed use code. RECOMMENDED MOTION: “I move to approve Council Bill No. 14-2023, an ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts, on first reading, order it published, public hearing set for Monday, June 26, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 14-2023, an ordinance amending Article XI of Chapter 26 of the Wheat Ridge Code of Laws concerning requirements for mixed use zone districts, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 14 ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING REQUIREMENTS FOR MIXED USE ZONE DISTRICTS 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 XI of Chapter 26 of the Code of Laws, concerning mixed use zone district requirements; WHEREAS, the Council recognizes that from time to time the City’s zoning code needs to be updated to establish standards not included in original regulations, to include modern terms and uses, and to provide clarity to City staff and the public; WHEREAS, the Council finds that the mixed use code requirements in Article XI of Chapter 26 have not been comprehensively reviewed or updated since their adoption in 2010 and require revision. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-1104 of the Wheat Ridge Code of Laws, concerning building height requirements for mixed use zones, is hereby revised as follows: Sec. 26-1104. – Building height and residential density. A. Principle. Taller buildings allow for a range of uses within one (1) structure and encourage a compact form of development that is focused on pedestrian connections. Buildings with a similar range in height help to define the street wall and create an architectural identity for a corridor or area. B. The following table establishes required building heights. Whatever measurement is more restrictive—maximum stories or maximum feet—shall apply. ATTACHMENT 1 Building Height Requirements MU-C MU-C Interstate MU-C TOD MU-N Minimum height (a) 20' 20' 20' none Maximum height Mixed use building 6 stories (90') 8 stories (118') 8 stories (118') see C. below Single use building 4 stories (62') 6 stories (90') 6 stories (90') see C. below Accessory building 20’ 20’ 20’ 15’, except detached ADUs which may be up to 25’ Notes: (a) Minimum height requirements shall not apply to accessory buildings. C. In the MU-N district, any building containing a residential use shall have a maximum height of thirty-five (35) feet. All other buildings shall have a maximum height of fifty (50) feet. D. Building height and city charter. Where there is conflict regarding maximum building heights between this section and the city charter, the maximums established in the city charter section 5.10.1 shall apply. E. A parapet wall may be utilized to meet the minimum height requirement. F. For buildings over seventy-five (75) feet in height, see section 26-1106.G, Upper Story Stepbacks. G. Any portion of a building that is within one hundred (100) feet of a residentially or agriculturally zoned lot that has a single- or two-unit residential use shall not exceed a height of four (4) stories or sixty-two (62) feet, whichever is more restrictive. The one-hundred-foot distance shall be measured from the nearest property line of the residentially or agriculturally zoned lot. This requirement shall not apply where an arterial or collector street separates the building from the residential use. H. Density of residential dwelling units and city charter. There shall be no density restrictions established with the mixed-use zone districts to limit the number of residential dwelling units per acre. To the extent of conflict regarding maximum residential density between this section and the city charter, the maximum of twenty-one (21) units per acre established in the city charter section 5.10.1 shall control. I. Height incentive for structured parking. Refer to Section 26-1109.G. Section 2. Section 26-1105 of the Wheat Ridge Code of Laws, concerning building placement and orientation for mixed use zones, is hereby revised as follows: … B. Public entrances. All buildings are encouraged to have at least one (1) public entry that faces the primary or secondary street. 1. Within the MU-N and MU-C TOD sub-districts, each building shall have at least one (1) main public entry that faces the primary street or a public space adjacent to the building. For corner lots with more than one (1) street frontage, the public entry may be oriented toward the corner. 2. In all districts, for development sites with more than one (1) structure, those buildings that do not directly front a street shall have at least one (1) primary entrance that adjoins a pedestrian walk of at least five (5) feet in width. The primary entrance should be connected to the street by a walkway at least five (5) feet in width that is clearly defined and separated from parking areas. C. Building setbacks. Building Setbacks (Primary and Accessory) MU-C MU-N Minimum side setback 0' 0' Minimum rear setback 5' 5' Where abutting a residentially or agriculturally zoned lot that contains a single- or two-unit residential use (see § 26-1106.H Residential Transitions): Minimum side and rear setback: 1-2 story building 10' 10' Minimum side and rear setback: 3 story building 15' 15' Minimum side and rear setback: 4 story building and higher 20' 20' Minimum side and rear setback: Accessory building 5’ 5’, except for a 2-story ADU which shall be 10’ … E. Build-to areas. Build-to areas are intended to bring building façades toward the street. A build-to area requires that a minimum portion of each development site’s street frontage is occupied by a building, encouraging an active and interesting street frontage. The following table establishes build-to requirements for each district. Build-To Areas MU-C MU-N Primary Street Frontage Build-to area 0' — 20' 0' — 12' Linear portion of build-to area that must contain building façade (minimum) See Figures 2 and 3 50% (60 % for MU-C TOD) 60% Secondary Street Frontage Build-to area 0' — 20' 0' — 12' Linear portion of build-to area that must contain building façade (minimum) See Figures 2 and 3 30% 30% … 5. Accessory buildings shall not be located in the primary street frontage build-to area with the following exceptions: • If built in line with a primary building to allow garage access from an internal drive, provided that the site meets required primary build-to percentage without factoring in the accessory building, and that garage doors do not face public streets. • If part of an outdoor gathering or dining area such as a freestanding patio cover or pergola. • If a kiosk-style building that includes an active public commercial use such as retail or food and/or beverage sales. F. Attached residential development. The following requirements shall apply to single attached dwellings as defined in section 26-1119. 1. For units adjacent to public streets, front doors shall be located on the façade that faces the public right-of-way. For developments with more than one (1) building, street-facing orientation of front doors is not required for all buildings or dwelling units but shall be the predominant orientation across the overall development, as determined by the community development director. … Section 3. Section 26-1106 of the Wheat Ridge Code of Laws, concerning building design requirements for mixed use zones, is hereby revised as follows: …. C. Materials. 1. Only primary building materials shall be used for all façades. Primary building materials include, but are not limited to: • Brick. • Stone. • Architectural pre-cast concrete. • Synthetic brick and masonry materials, subject to the approval of the community development director to ensure quality. • Hard coat stucco. • Integral textured colored concrete block. • Terra-cotta. • Architectural metal panels. • Cement board siding or board and batten, with the following additional requirements: o Shall only be used as a material if additional primary materials such as brick, stone, or stucco are also used on the façade. o Shall not exceed 75% of any façade facing a public street or publicly accessible open space. o Shall not be the predominant material on a public-facing ground floor façade. … 4. Material variation: All building façades that face a street or public space shall have at least one (1) change in material for each ten (10) feet (and portion thereof) of wall height. A change in material must be at least twelve (12) inches in height. Masonry patterns, such as headers or rowlocks, can count as a change of material. Windows, canopies, and doorways will not count as a change of material. • As an exception, building façades may be predominantly brick or masonry materials and no material variation shall be required, provided changes in the brick pattern (such as headers or rowlocks) are included. This exception shall not apply to synthetic brick or masonry materials. • For gas station canopies, primary materials such as brick or stone shall be required around the canopy poles, at least two- thirds (2/3) of the total height of the pole. 5. Accessory buildings: Accessory structure(s) shall have exterior materials that are architecturally compatible with the primary structure(s). D. Ground floor transparency. … 4. Transparent doors and window mullions shall count as part of the transparent area. Structural elements and opaque or reflective glass shall not count toward the transparency requirement, except that up to twenty (20) percent of the transparency requirement for any, one (1) façade may be fulfilled by spandrel glass. The percentage of non-reflective spandrel glass used may be increased in limited circumstances if back-of-house portions of buildings must face a public street, subject to the approval of the community development director. … 7. For nonresidential uses on corner lots, the minimum transparency required for the primary street façade may be transferred to the secondary street façade provided that the primary street transparency is not less than 30%. E. Drive-throughs and drive-ups. … 2. Number of drive-up lanes. The following table specifies the maximum number of drive-up lanes allowed by district and sub-district: Maximum Number of Drive-Up Lanes Allowed MU-C MU-C Interstate MU-C TOD MU-N Max drive-up lanes 3 no limit 1not permitted 1 3. Location of drive-up lanes. Drive-up lanes between the building and street are discouraged. Within the MU-N district and MU-C TOD sub-district, the drive-up lane shall not be located between the building and the primary street (Figure 6). … Figure 6: Drive-up Lane Location. Within the MU-N district and MU-C TOD sub-district, the drive-up lane may not be located between the building and the primary street. … … F. Screening—Loading, service areas, and utilities. … 2. Screening elements shall be composed of materials consistent with the primary building. Wood and vinyl fences shall not be allowed as screening materials, with the exception of four (4) foot tall wood fences being permitted to screen ground-mounted air conditioning units for residential development. Screen walls and fences over ten (10) feet in length shall be bordered by a four-foot-wide landscape buffer. … 5. Rooftop equipment shall be screened by parapets or enclosures. Screening elements shall be composed of forms, materials, and colors that are compatible with the architectural qualities of the building, including materials, scale, form, and color. The screening element shall be at least as tall as the item being screened and may be shorter than the equipment only if the equipment is set back so that it is not visible from the public right-of-way, to be demonstrated by the applicant. The community development director may reduce or waive these screening requirements in the following circumstances: • The equipment is not visible from the public right-of-way, adjacent residential properties, or adjacent public spaces, to be demonstrated by drawings by the applicant. • The existing condition and construction of the roof makes attaching a new enclosure impractical or would compromise the integrity of the roof membrane. • There is existing unscreened rooftop equipment and screening new facilities would result in a more conspicuous design. … Section 4. Section 26-1107.C.1 of the Wheat Ridge Code of Laws, concerning screening requirements for surface parking lots, is hereby revised as follows: 1. Where a surface parking lot directly abuts a street or public space (1) or more of the following screening elements shall be used: … • A vertical screening device, thirty (30) to forty-six (46) forty-two (42) inches in height. The screening device may be a continuous masonry wall constructed of stone, brick, or split face concrete block, a combination masonry pier and decorative iron railing, or any other decorative and durable screening device that is consistent with the materials of the primary building. Wood, chain link and vinyl picket fencing shall not be permitted. The screen must meet the sight triangle requirements in section 26-603. … Section 5. Section 26-1109.G of the Wheat Ridge Code of Laws, concerning incentives for structured parking, is hereby revised to break up the existing paragraph into two subsections as follows: G. Incentive for structured parking. Except within the MU-N district, a building that incorporates underground or structured parking qualifies for the higher building heights allowed for mixed use buildings in the height requirements table in section 26-1104.B, even if that building is not mixed use. For a development site with a freestanding parking garage, the additional building height may be applied to a building within the development site that is served by the parking structure. This height bonus shall not apply for parking structures that contain parking at the ground floor without at least one (1) nonresidential use. 1. Except within the MU-N district, a single use building that incorporates underground or structured parking qualifies for the higher building height allowed for mixed use buildings in the height requirements table in section 26-1104.B, even if that building is not mixed use. 2. For a development site with a freestanding parking garage, the additional building height may be applied to a building within the development site that is served by the parking structure. This height bonus applies only to parking structures that contain at least one nonresidential use at the ground floor. Section 6. Section 26-1109.J of the Wheat Ridge Code of Laws, concerning bicycle parking requirements for mixed use zones, is hereby revised as follows: J. Bicycle parking. 1. For nonresidential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every ten (10) twenty (20) automobile parking spaces. No nonresidential development shall provide less than four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 2. For multi-unit and single attached residential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every four (4) ten (10) units. No multi-unit residential development shall provide less than three (3) four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking spaces. 3. Parking for bicycles shall be provided on site, in addition to any bicycle parking required in the right-of-way by the streetscape design manual. Bicycle parking areas shall be well-lighted and located not more than fifty (50) feet from the primary building entrance. Bicycle parking for residential uses is encouraged to be sheltered and secured. 4. Secured, indoor bicycle parking and storage is encouraged in multi-unit residential development and shall count towards the total number of spaces required, although a minimum of four (4) bicycle parking spaces shall be provided outside the building. Indoor bicycle parking shall take the form of a secured bicycle storage room. Section 7. Section 26-1110 of the Wheat Ridge Code of Laws, concerning open space requirements for mixed use zones, is hereby revised as follows: … D. Minimum landscaping. At least thirty-five (35) percent of the required open space area shall be composed of landscaped materials, including trees. The minimum plant sizes required by section 26-502.F shall apply. E. Usable open space. For all development sites, at least seventy-five (75) percent of the required open space must be usable open space. 1. Usable open space includes open space, which by its configuration, size, and design, can be used for passive or active recreation. 2. Usable open space includes plazas, parks, outdoor dining areas, courtyards, community gardens and publicly accessible green roofs. Required buffers or parking lot landscaping shall not qualify as usable open space. 3. Land with a slope steeper than one (1) foot (vertical) in three (3) feet (horizontal) shall not qualify as usable open space. 4. Drainage ways, ponds, and other areas required for stormwater quality or detention may qualify as usable open space if such areas are designed for passive or active use and are landscaped with grass, shrubs, and/or trees. A list of recommended plants for stormwater detention areas is available through the community development department. 5. Walking paths or sidewalks of at least five (5) feet in width may count towards usable open space percentages if part of a pedestrian network such as a walking loop or paths through other usable open spaces such as a common lawn or plaza. 6. Private fenced yards for the exclusive use of a single owner or occupant of a dwelling unit shall qualify as open space, but not as usable open space. F. Land planted for food production, including community gardens, shall qualify as open space, but not as usable open space. F. Artificial turf. Artificial turf is prohibited except in limited circumstances for common areas and outdoor dining areas, such as central plazas, patios, play areas, or ball fields (but not private yard space or required landscape buffers) within the discretion of the community development director. Artificial turf shall not qualify as landscaped materials as required by Section 26-1110.D. … I. The requirements of section 26-502 shall not apply within any mixed-use zone, with the exception of the minimum plant sizes in 26-502.F. … Section 8. Section 26-1111.B of the Wheat Ridge Code of Laws, which contains the permitted use table for mixed use zones, is hereby revised as follows: B. Permitted and conditional special uses are shown in the following table. This table, and not the table in section 26-204, shall apply for all of the mixed use zone districts. Uses not listed shall be deemed excluded. Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N … Commercial Services and Retail Adult entertainment NP NP NP NP Animal daycare facility (See § 26-644) P P P P Bail bonds (per § 26-634) C C NP NP Banks and financial institutions, no drive-through or drive-up P P P P Banks and financial institutions, with drive-through or drive-up C P C NP C Bars, taverns, and night clubs P P P P Bed and breakfast P P P P Car washes NP C NP NP Day care center, child and adult P P P P Drive-up or drive-through uses (per § 26-1106.E) C P C NP C Eating establishment, sit down P P P P Eating establishment, drive-through or drive-up C P C NP C Fast food eating establishment, drive- through or drive-up C P C NP C Food truck park P P P P Massage business (See chapter 11, article X, Code of Laws for additional restrictions) P P P P Microbrewery, microdistillery, or microwinery; with a tap room P P P P Microbrewery, microdistillery, or microwinery; without a tap room NP P NP NP Motor fueling stations C C NP C Motor vehicles sales, outdoor display NP NP NP NP Motor vehicle sales, indoor display P P C C Outdoor storage NP NP NP NP Pawn brokers NP NP NP NP Personal services P P P P Photocopying and printing P P P P Produce stands (See § 26-636 and § 26-613 for home occupations) P P P P Recreation facilities, commercial P P P P Repair, rental and servicing of automobiles, no outdoor storage C P C C Retail sales — up to 20,000 gsf for one tenant space P P P P Retail sales — up to 60,000 gsf for one tenant space P P C C Retail sales — over 60,000 gsf for one tenant space C C NP NP Urban gardens (See § 26-637) P P P P Veterinary clinics and hospitals, no outdoor runs, play yards, pens, or training areas P P P P Hospitality and Entertainment Art studios and galleries P P P P Hotels, motels, and extended stay lodging (See ch. 11, art. XVI) P P P P Studios, including art, music, dance, television, and radio broadcasting stations P P P P Theaters P P P P Office and Industrial Maker space/workshop P P P P Medical and dental clinics P P P P Offices P P P P Office-warehouse, no outdoor storage C C C NP Outdoor storage NP NP NP NP Restricted light industrial C C C NP Wholesale C C C C Section 9. Section 26-1111.C of the Wheat Ridge Code of Laws, concerning separation of drive-through uses, is hereby revised as follows: C. Separation requirements for drive-through/drive-up uses. Where drive-through and drive-up uses are permitted in the permitted use table (section 26-1111.B) the following separation requirements shall apply. These separation requirements shall not apply in the MU-C Interstate sub-district and shall not apply to any mixed-use development that has an approved concept plan (per section 26-1116). 1. There shall be a minimum five-hundred-foot separation between fast food eating establishments with a drive-through, measured in a straight line radially from any fast-food drive-through use from the nearest property line of each such use to the nearest property line of the same use (without regard to intervening structures or objects), including existing uses, regardless of zone district. 2. There shall be a minimum five-hundred-foot separation between all other drive-through/drive-up uses, including pharmacies, banks, and non-fast food eating establishments with a drive-up window, measured in a straight line radially from any drive-through/drive-up use from the nearest property line to the nearest property line (without regard to intervening structures or objects), including existing uses, regardless of zone district. 3. Minimum separation requirements shall only apply to properties that did not have a legal, operating drive-through/drive-up use at the time of rezoning to a mixed-use zone district. 4. Measurements shall exclude drive-through/drive-up uses located outside of the City of Wheat Ridge corporate limits. Section 10. Section 26-1111.D of the Wheat Ridge Code of Laws, concerning separation of motor fueling stations, is hereby revised as follows: D. Separation requirements for motor fueling stations. Where motor fueling stations are permitted in the permitted use table (section 26-1111.B), the following separation requirements shall apply. These separation requirements shall not apply in the MU-C interstate sub-district and shall not apply to any mixed-use development that has an approved concept plan (per section 26-1116). 1. There shall be a minimum one-thousand-foot separation between motor fueling stations, measured in a straight line radially from any motor fueling station from the nearest property line to the nearest property line (without regard to intervening structures or objects), including existing uses, regardless of zone district. 2. Minimum separation requirements shall only apply to properties that did not have a legal, operating fueling station use at the time of rezoning to a mixed-use zone district. 3. Measurements shall exclude fueling station uses located outside of the City of Wheat Ridge corporate limits. Section 11. Section 26-1119 of the Wheat Ridge Code of Laws, defining certain terms applicable to Article XI of the Code, is hereby amended by the revision of certain definitions and the addition of the following new definitions in the appropriate alphabetical location, as follows: Food truck park. An arrangement of parking, seating, and restroom facilities for multiple mobile retail food establishments (“food trucks”) to offer food and/or beverages for sale to the public as a primary use of a property. The site shall include a permanent building containing restroom facilities at a minimum, which may also include food and/or beverage preparation and sales and indoor seating. Makerspace/workshop. A center for peer-to-peer or self-directed learning and knowledge sharing, in the form of but not limited to workshops, presentations, and lectures, and the use of shared workshop space, tools, and equipment, often on a membership basis. The use may involve elements of machine shops, workshops, and/or studios where people can come together to share resource and knowledge to build and make things, including but not limited to works of art, music, crafts, literature, woodworking, welding, kiln work, CNC work, plasma cutting or other intellectual property; food or beverage; software, robots, and so forth. The use may also involve co-working. The use may also include social activities for members. The use may be a principal use or it may be a component of another use with an educational mission, such as a school or library. As a principal use, it may include accessory retail sales and accessory food and/or beverage sales. Personal services. Establishments primarily engaged in providing services involving the care of a person and his or her personal goods or apparel. Personal services usually include the following: laundry (cleaning and pressing);, linen supply, diaper service, beauty shops, barbershops, shoe repair, tailor/alterations shops, body art, photocopying and printing, and similar uses. Section 12. 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 13. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of June 2023, 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 June 26, 2023, at 6:30 p.m., as a virtual meeting and 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 26th day of June 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 8 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2023 – AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PARKING REQUIREMENTS FOR DEED-RESTRICTED AFFORDABLE HOUSING, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units in multi-unit residential zones and in mixed-use zones, including transit-oriented development (TOD) areas. PRIOR ACTION: This topic was discussed with City Council in a study session on April 17, 2023, at which time Council provided consensus for staff to proceed with a code amendment. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023. There was not consensus, and Planning Commission recommended denial by a vote of 4 to 3. Four commissioners expressed concerns about the proposed minimum requirements and the potential impacts to residents and neighbors. Three commissioners expressed support for the ordinance as drafted. A copy of the draft Planning Commission minutes will be provided with the second reading materials. Council Action Form – Affordable Housing Parking June 12, 2023 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: The adopted Affordable Housing Strategy describes housing-supportive code amendments and identifies reducing minimum parking requirements as a potential action item, which would help address the cost of developing affordable housing in Wheat Ridge. Parking is expensive costing several thousand dollars per space in a traditional parking lot and tens of thousands of dollars per space in a garage. Although City-imposed parking requirements are only a small portion of the total development costs of a housing unit, any City contribution to eliminating extra costs can help shrink financing gaps for affordable housing developers. The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units. The reduced parking requirements do not affect requirements for market-rate housing—even if rents are below average—nor workforce housing, which is a market-rate product with rents and/or unit sizes below average. The ordinance takes a three-tiered approach to reducing parking requirements for deed-restricted affordable dwelling units and is based on research of peer communities and national models. At the April 17 study session, staff had proposed reductions to both the minimum and maximum requirements. Based on further study and feedback from the Planning Commission, the ordinance reflects a lower minimum requirement but retains the same maximum requirement providing affordable housing developers with flexibility. This approach is summarized in the table below: Location Current Requirement Proposed Requirement Within ¼ mile of a fixed guideway transit station or bus rapid transit 1 space/unit minimum 2.5 spaces/unit maximum 0.25 spaces/unit minimum 2.5 space/unit maximum Within mixed use zone districts 1 space/unit minimum 2.5 spaces/unit maximum 0.5 spaces/unit minimum 2.5 spaces/unit maximum Multi-unit projects within Residential-Three (R-3) 1.5 to 2 spaces per unit (depending on bedroom count) 0.75 to 2 space per unit (depending on bedroom count) Affordable housing providers including Foothills Regional Housing are experts in building and developing deed-restricted affordable housing projects. They best understand the parking needs of residents, staff, and guests. For market rate developments, the requirements of banks and investors often inform the proposed parking for a project, and the same is true of affordable housing projects. Most deed-restricted affordable housing projects require Low Income Housing Tax Credits (LIHTC) which are allocated by the Colorado Housing Finance Authority (CHFA). CHFA requires 0.8 spaces per unit and requires a parking study for any project that proposes a lower parking ratio. The zoning code has an implicit assumption that all residents own cars and can result in construction of unnecessary parking. The proposed parking minimums do not guarantee projects Council Action Form – Affordable Housing Parking June 12, 2023 Page 3 will be parked at those levels, but instead offers flexibility. Reducing parking requirements to a more reasonable number allows affordable housing experts to best respond to the needs of their residents, staff, and guests. The above recommendations will not affect existing requirements for accessible (ADA) parking, which is required by Federal/State law and the building code, nor will it affect requirements for designated loading areas and/or guest parking. The ordinance expands the Community Development Director’s authority to request guest parking for sites that do not have designated on-street parking spaces adjacent to the property or provide parking only within private garages. Lastly, the ordinance clarifies that some parking reductions already afforded by the code for TOD areas will not apply to deed-restricted affordable units since they will now have a much lower parking requirement. RECOMMENDATIONS: Staff recommends approval of the ordinance reducing minimum parking requirements for deed-restricted affordable residential units. RECOMMENDED MOTION: “I move to approve Council Bill No. 15-2023, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, June 26, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 15-2023, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning parking requirements for deed-restricted affordable housing, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 15-2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 15 ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING PARKING REQUIREMENTS FOR DEED-RESTRICTED AFFORDABLE HOUSING, AND MAKING CONFORMING AMENDMENTS THEREWITH 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 adopted the Affordable Housing Strategy and Action Plan in January 2023 to establish a foundation and framework for the City to address affordable housing issues; and WHEREAS, the Council finds it necessary to reduce the burden of developing income-restricted affordable housing within the City of Wheat Ridge. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-501.E.2 (Table 6) of the Wheat Ridge Code of Laws, the Schedule of Required Off-Street Parking, is hereby amended as follows: Multi-unit residential 1.5 spaces per 1 bedroom unit (0.75 spaces if deed-restricted affordable unit) 2.0 spaces per 2 or 3 bedroom unit (1 space if deed-restricted affordable unit) 2.5 spaces per 4 or more bedroom unit (1.25 spaces if deed-restricted affordable unit) Plus 1 additional space for each 10 spaces shall be required as designated visitor parking. Such visitor parking shall not be used by residents for personal parking nor for storage of utility or recreation vehicles. Section 2. Section 26-1109.B of the Wheat Ridge Code of Laws, the table regulating parking requirements for mixed use zone districts, is hereby amended as follows by adding a new use group in the appropriate alphabetical location within the table: Use Group Minimum Required Parking Maximum Allowed Parking Residential, deed-restricted affordable 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2.5 spaces per unit Section 3. Section 26-1109.F of the Wheat Ridge Code of Laws, concerning transit parking reductions in mixed use zones, is hereby amended as follows: F. Transit parking reductions. Properties within the MU-C TOD sub-district may reduce minimum parking requirements by twenty (20) percent. This reduction shall not apply to deed-restricted affordable dwelling units governed by subsection B above. Section 4. Section 26-1109 of the Wheat Ridge Code of Laws, concerning parking requirements in mixed use zones, is hereby amended as follows with the insertion of a new subsection K: K. The community development director shall have authority to request that on-site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Section 5. 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 6. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of June 2023, 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 June 26, 2023, at 6:30 p.m., as a virtual meeting and 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 26th day of June 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 9 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2023 – AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING DEFINITIONS AND REGULATIONS FOR CHILDCARE FACILITIES, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (06/12/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/26/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance allows day care centers in Neighborhood Commercial (NC) and Restricted Commercial (RC) zone districts, updates the code to align with State regulations, provides cross-references in the zone district use chart for home-based day care which are allowed as home occupations, and permits day care centers at institutional properties in residential and agricultural zone districts. The ordinance is intended to reduce barriers to opening new childcare facilities in Wheat Ridge. PRIOR ACTION: This topic was discussed with City Council in a study session on April 17, 2023 at which time Council provided consensus for staff to proceed with a code amendment. Planning Commission reviewed this ordinance at a public hearing held on May 18, 2023 and recommended approval. A copy of the draft Planning Commission minutes will be provided with the second reading materials. Council Action Form – Daycare Regulations June 12, 2023 Page 2 FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Current Code Staff and Council recognize the major lack of childcare facilities in the state and region. Planning Division staff often receive requests from operators seeking to open childcare facilities in zones where they are currently prohibited, despite being compatible with existing land use patterns. The City’s current regulations and prohibitions on childcare in many zone districts can be perceived as overly burdensome. This ordinance seeks to expand opportunities for new childcare facilities to open in Wheat Ridge by allowing facilities in additional zone districts or on properties set up for institutional uses. City Code differentiates between a “day care home” where the operator lives on site and a “day care center” which is more commercial in nature. These terms are defined in Section 26-123 of the zoning code, and they appear in the permitted use charts for residential, commercial, and mixed use zones (Sections 26-204 and 26-1111) as follows: Day care center, large. • Definition: A facility licensed by the State of Colorado which provides care of children with or without compensation, for more than twenty-four (24) children. • Zones: Allowed in C-1, C-2, I-E, and all mixed use zones, and as a special use permit in agricultural zones. Though permitted in MU-N, these uses have not historically been permitted in the NC and RC zone districts. Day care center, small. • Definition: A facility licensed by the State of Colorado which is used exclusively for the purpose of providing care, with or without compensation, for seven (7) to twenty-four (24) children. • Zones: Small day care centers are permitted in the same locations as large day care centers; they are allowed in C-1, C-2, I-E, and all Mixed Use zones, and as a special use permit in agricultural zones. Day care home, large. • Definition: A home which is licensed under the State of Colorado and which provides care, with or without compensation, for seven (7) to twelve (12) children, from twenty-four (24) months to sixteen (16) years of age, including the caretaker’s children, not attending full-day school, such as a day care, preschool, day nursery or child care service. • Zones: Large home-based day cares are permitted in the R-3 and R-3A zone districts; in other residential and agricultural zones they are permitted only with approval of a special use permit. Council Action Form – Daycare Regulations June 12, 2023 Page 3 Day care home, small. • Definition: A home which is licensed under the State of Colorado and which provides care, with or without compensation, for not more than six (6) children under the age of sixteen (16), including the caretaker’s children, not attending full-day school, such as a day care, preschool, day nursery or child care service. • Zones: The use charts are silent to this use, but Section 26-613 (home occupations) indicates small home-based day cares are permitted as home-based businesses in all zones citywide. Code Updates The proposed ordinance makes three specific changes to expand where childcare centers may be allowed: • The ordinance allows day care centers in Restricted Commercial (RC) and Neighborhood Commercial (NC) zone districts where they are currently prohibited. These properties have optimal location, size, and configuration to accommodate childcare facilities. These zones are primarily located on commercial corridors or collector roads such as 44th Ave, Kipling, Harlan, and 32nd Ave. The purpose of the RC and NC zones are to accommodate neighborhood-serving uses, and these properties are often within walking distance or close proximity to neighborhoods. • The ordinance allows day care centers to repurpose vacant nonresidential properties in residential zones such as places of worship, schools, or institutional buildings, with approval of a Special Use Permit (SUP). Current regulations are limiting and only allow day care centers to operate as an ancillary use within the site’s primary structure. As religious attendance has declined, faith leaders have reached out to City staff wanting to find potential uses for their property. The code does not currently allow day care centers to be a primary or sole use of these properties. The SUP process will ensure that a daycare operating as a primary use will not have negative impacts on the surroundings, and will allow staff to evaluate a site plan and circulation plans. • The ordinance will allow day care centers as a permitted use if a property is already operating as a nonresidential use (school, church, or government facility), allowing a day care to share facilities and property with the other use. Alignment with State Law The proposed ordinance also corrects two specific discrepancies that currently exist between state and local regulations: • Discrepancies exist between state and local regulations for what constitutes a small versus large day care center. The ordinance will modify the City’s definitions to align with the state to reduce confusion for applicants. The State of Colorado recognizes small childcare centers as having 5 to 15 children and large childcare centers as having 16 or more children. • In 2021, the state legislature approved House Bill 21-1222 which identifies the shortage of childcare facilities as a matter of statewide interest. The bill established that home based childcare facilities be permitted as a use by right in all residential zone districts. The City currently allows small home-based day cares (up to 6 children) but requires an Council Action Form – Daycare Regulations June 12, 2023 Page 4 SUP for large home-based day cares (up to 12 children) in some zone districts. The ordinance will modify the use chart and home occupation regulations to allow up to 12 children in a home-based day care. Pursuant to state law, the City can restrict the proximity of home-based childcare and require traffic and parking information; this is reflected in the ordinance. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 16-2023, an ordinance amending Articles I and II of Chapter 26 of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities, and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, June 26, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 16-2023, an ordinance amending Articles I and II of the Wheat Ridge Code of Laws, concerning definitions and regulations for childcare facilities, and making conforming amendments therewith for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 16-2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 16 ORDINANCE NO. _________ Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLES I AND II OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING DEFINITIONS AND REGULATIONS FOR CHILDCARE FACILITIES, AND MAKING CONFORMING AMENDMENTS THEREWITH 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 regulations pertaining to day care centers; WHEREAS, the Council recognizes that these regulations can present barriers to new childcare facilities opening in the City of Wheat Ridge; WHEREAS, the Council desires to allow childcare facilities in more locations and in underutilized or vacant nonresidential properties in residential zones such as places of worship, schools, or institutional buildings; WHEREAS, the Council recognizes that the City’s regulation of childcare facilities should align with those of the State of Colorado to the greatest extent feasible. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-123 (Definitions) of the Wheat Ridge Code of Laws is hereby amended as follows by revising the following definitions: Day care center, large. A facility licensed by the State of Colorado which provides care of children with or without compensation, for sixteen (16) or more than twenty-four (24) children, including preschools. Day care center, small. A facility licensed by the state of Colorado, which is used exclusively for the purpose of providing care, with or without compensation, for five (5) seven (7) to fifteen (15)twenty-four (24) children, including preschools. Section 2. The “Table of Uses – Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: ATTACHMENT 1 Uses Notes R-1 R- 1A R- 1B R- 1C R-2 R- 2A R-3 R- 3A Day care home, large S S S S S S P P Day care center, small or large If the property contains a vacant nonresidential primary structure S S S S S S S S If the property is currently occupied by a nonresidential use P P P P P P P P Accessory Uses For Residential Districts Notes Day care home, large See § Sec 26-613; may not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval Day care home, small See § Sec 26-613 Section 3. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows: Uses Notes A-1 A-2 PF Day care center, large S S Day care center, small or large S S P If the property contains a vacant nonresidential primary structure P P P Agricultural and Public Facilities Districts Accessory Uses Notes Day care home, large See § Sec 26-613; shall not be located adjacent to one another; in addition, the City may require a parking and traffic flow management plan prior to approval Day care home, small See § Sec 26-613 Section 4. The “Table of Uses – Commercial and Industrial Districts” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and industrial zone districts, is hereby amended as follows: Uses Notes NC RC C-1 C-2 I-E Day care center, large P P P Day care center, small P P P Day care center, small or large P P P P P Day care center and preschools, large P P P Day care center and preschools, small P P P Section 5. Subsection 26-613.11.i of the Code, concerning home occupations, is hereby amended as follows: 11. Home occupations are limited to the following business or commercial activities: […] i. Small day care home. Small and large day care homes, however large day care homes shall not be located adjacent to one another, and a parking and traffic flow management plan may be required at the sole discretion of the Community Development Director prior to approval of a business license. Section 6. The table of permitted uses set forth in Section 26-1111.B of the Wheat Ridge Code of Laws, concerning uses in mixed use zone districts, is hereby amended as follows: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N … Ancillary Uses Day care home, small or large, as an accessory use to a single detached, duplex, or single attached dwelling P P P P Section 6. 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 7. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 12th day of June 2023, 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 June 26, 2023, at 6:30 p.m., as a virtual meeting and 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 _____, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. _______________________________ Bud Starker, Mayor ATTEST: _________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us Your signature here ITEM NO: 10 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN APPOINTMENT TO THE PARKS AND RECREATION COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Clerk City Manager ISSUE: On May 8, 2023, Patrick Quinn from District III resigned from the Parks and Recreation Committee effective immediately, to accept a position in District III on the Planning Commission. The vacancy was posted for a term of two weeks on the City of Wheat Ridge web site and promoted through various channels from May 8 through May 21. Applications have been compiled for Council’s review so that the seat can be filled. While there are no applicants from District III, Council may appoint a member from a different district to fill this seat. PRIOR ACTION: Members of City Council appoint members to Boards and Commissions annually and as needed throughout the year when vacancies are filled. FINANCIAL IMPACT: None BACKGROUND: Each year, the City advertises for residents who might be interested in volunteering on one of the Boards or Commissions. This year, positions were advertised twice in the Jeffco Transcript and through a multi-week promotional campaign including the City’s website, social media, email, newsletters, and direct email to graduates of Wheat Ridge 101. Appointments were made during the regularly scheduled City Council Meeting on February 27, 2023. The resignation of one Parks and Recreation member was received by the Commission Liaison on May 8, 2023. The Council Action Form – Planning Commission Appointment June 12, 2023 Page 2 City retains applications for a period of one year. Council’s Appointment Packet (Attachment 1) includes applications received in the last twelve months and new applications as a result of this vacancy and posting. RECOMMENDATIONS: See Attachment 1, Parks and Recreation Committee Applications for District III vacancy, for applicant applications. RECOMMENDED MOTION: “I move to appoint__________________ to the Parks and Recreation Committee, term to expire March 02, 2026.” Or, “I move to postpone appointment to the Parks and Recreation Committee indefinitely, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Robin Eaton, Deputy City Clerk Allison Scheck, Deputy City Manager Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Parks and Recreation Vacancy Appt Packet 2023 Parks and Recreation Appointment Applicant Summary Parks and Recreation Commission - Please select one commissioner from District III Last Name First Name District Notes Application Hyperlink Caldwell Aaron IV Originally Applied for February Appointments aaronjcaldwell@gmail.com Dodge Kevin IV Originally Applied for February Appointments kwsdodge@gmail.com Moore Robert IV Originally Applied for February Appointments r86mster@gmail.com Schatzman Ryan IV Originally Applied for February Appointments ryan.schatzman@gmail.com Motions For 2023 Parks and Recreation vacancy appointment Parks and Recreation Commission I Move to Appoint: One District III Member expiring 03/02/2026 Page 2 of 2 ITEM NO: 11 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2023 – A RESOLUTION ESTABLISHING THE WHEAT RIDGE HOUSING FUND, TRANSFERRING $436,680 FROM GENERAL FUND RESERVES AND AUTHORIZING PAYMENT TO FOOTHILLS REGIONAL HOUSING IN THE AMOUNT OF $400,000 FOR THE PURPOSE OF AN AFFORDABLE HOUSING PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Deputy City Manager City Manager ISSUE: City Council directed staff to establish the Wheat Ridge Housing Fund, a recommendation of the recently adopted Affordable Housing Strategy and Action Plan, using the General Fund portion of short-term rental (STR) lodgers’ tax revenue. Foothills Regional Housing recently approached the City about a rare opportunity to purchase a 24-unit apartment complex at 4097 Vance Street to serve residents in the 50-80% area median income (AMI) category. This is a unique opportunity to take an early implementation step in the Affordable Housing Strategy by creating new affordable units in Wheat Ridge. This resolution creates the Wheat Ridge Housing Fund, transfers the applicable portion of STR lodgers’ tax revenue from the General Fund reserves to the Wheat Ridge Housing Fund, and authorizes a $400,000 payment to Foothills Regional Housing to assist in the purchase of the 24-unit affordable housing complex. Council Action Form – Wheat Ridge Housing Fund June 12, 2023 Page 2 PRIOR ACTION: Council met on May 2, 2022, and January 9, 2023, to discuss the dedication of the General Fund portion of the STR lodgers’ tax revenue for the purpose of affordable housing. On May 2, 2022, Council decided to dedicate the STR portion of the revenue for a specific purpose. On January 9, 2023, Council provided consensus to create the Wheat Ridge Housing Fund, a recommendation of the 2023 Affordable Housing Strategy and Action Plan, and to place all General Fund STR revenues into said fund for the purpose of funding affordable housing programs and initiatives. FINANCIAL IMPACT: Lodgers’ tax revenues are split among the General Fund (50%), Crime Prevention Fund (30%) and Capital Improvement Program Fund (20%). Crime Prevention Fund and Capital Improvement Program Fund revenues are restricted for the purposes of crime prevention activities and infrastructure improvements as decided by Wheat Ridge voters in the 1998 election. The City began collecting lodgers’ taxes on STRs on August 1, 2021, and in 2021, the City’s General Fund STR earnings was $42,013. In 2022, the City’s General Fund STR earnings was $394,667. Therefore, a total of $436,680 will be transferred from the General Fund reserves to the new Wheat Ridge Housing Fund if authorized by Council. BACKGROUND: On January 9, 2023, City Council adopted the Affordable Housing Strategy and Action Plan and on the same evening, provided consensus to place all past and future General Fund STR lodgers’ tax revenues into the Wheat Ridge Housing Fund for the purpose of funding programs and initiatives designed to increase affordable housing in Wheat Ridge. In May 2023, Foothills Regional Housing (FRH) approached the City with a rare opportunity to purchase a brand-new building at a price less than a new build would cost. FRH is aware of the City’s affordable housing needs and approached the City about contributing to the cost of the building in exchange in for preferential treatment for access to project based voucher units for residents working with the City’s housing navigation program. This 24-unit complex, known as Sweetridge Apartments and located at 4097 Vance Street, includes a mix of one-bedroom and two-bedroom apartments. FRH plans to designate 12 units at a maximum AMI of 50% and 12 units at a maximum AMI of 80%. RECOMMENDATIONS: Staff recommends the approval of this resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 35-2023 - a resolution establishing the Wheat Ridge Housing Fund, Transferring $436,680 from General Fund reserves and authorizing payment to Foothills Regional Housing in the amount of $400,000 for the purpose of an affordable housing project.” Or, Council Action Form – Wheat Ridge Housing Fund June 12, 2023 Page 3 “I move to postpone indefinitely Resolution No. 35-2023 for the following reason(s) ______________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2023 TITLE: A RESOLUTION ESTABLISHING THE WHEAT RIDGE HOUSING FUND, TRANSFERRING $436,680 FROM GENERAL FUND RESERVES AND AUTHORIZING PAYMENT TO FOOTHILLS REGIONAL HOUSING IN THE AMOUNT OF $400,000 FOR THE PURPOSE OF AN AFFORDABLE HOUSING PROJECT WHEREAS, the City Council of the City of Wheat Ridge has adopted the 2023 Affordable Housing Strategy and Action Plan (The Plan); and WHEREAS, a key recommendation of The Plan is to create the Wheat Ridge Housing Fund for the purpose of funding programs and initiatives to increase access to affordable housing in Wheat Ridge; and WHEREAS, City Council has determined that the General Fund portion of past and future lodgers’ tax revenue derived from short-term rentals be placed in the Wheat Ridge Housing Fund for affordable housing projects and initiatives; and WHEREAS, as an early step in the implementation of The Plan, Council wishes to support the purchase of 4097 Vance Street to increase access to affordable housing for residents in the City’s housing navigation program. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Wheat Ridge Housing Fund Created There is hereby created a Wheat Ridge Housing Fund, into which shall be deposited the General Fund portion of lodgers’ tax revenue derived from short-term rentals. Section 2. Transfer of Funds A transfer of $436,80 is hereby approved from the General Fund undesignated reserves to account 50-101-700-780 and the 2023 revenues are amended accordingly. Section 3. Payment A payment of $400,000 to Foothills Regional Housing as a contribution to the purchase of an affordable housing apartment complex at 4097 Vance Street from account 50-101-700-780 is hereby approved. -2- Section 4. Effective Date. This Resolution shall be effective upon passage. DONE AND RESOLVED this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ITEM NO: 12 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND MURRAY DAHL BEERY RENAUD LLP PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ City Attorney City Manager ISSUE: The City’s Home Rule Charter at Section 8.1 provides for appointment of the City Attorney by the City Council. The current legal services agreement is updated and should be renewed. PRIOR ACTION: Gerald Dahl was appointed City Attorney in 1995. FINANCIAL IMPACT: The City Attorney is presently compensated at $190 per hour. This rate has been in effect since February 2021. The City Attorney is requesting a change in the rate to $225/hour. BACKGROUND: Gerald Dahl has been the City Attorney for Wheat Ridge since 1995. RECOMMENDATIONS: "I move to approve the contract for legal services between the City and Murray Dahl Beery Renaud LLP.” Or, CAF – Legal Services Contract Date: June 12, 2023 Page 2 “I move to reject the contract for legal services between the City and Murray Dahl Beery Renaud LLP, for the following reasons ______________________________________________.” REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: Legal Services Agreement ATTACHMENT 1 LEGAL SERVICES AGREEMENT THIS AGREEMENT effective as of the ___ day of _______, 2023, is between the City of Wheat Ridge, a Colorado home rule city with a business address of 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 ("City"), and Murray Dahl Beery & Renaud LLP, with a business address of 710 Kipling Street, Suite 300, Lakewood, Colorado, 80215 ("Law Firm") and concerns the terms under which the Law Firm shall perform legal services as an independent contractor for the City. WHEREAS, the City Council has previously appointed the Law Firm as its City Attorney; and WHEREAS, the City and the Law Firm wish to enter into a current agreement for legal services. NOW THEREFORE, the City and the Law Firm agree that, on and after the effective date, this Agreement shall supercede and replace all prior agreements and agree as follows: 1. Scope of Legal Services. The Law Firm will provide any and all legal services requested of it by the City Council, and any boards or employees of the City authorized by the City Council to request legal services of the Law Firm, including those duties imposed by the Charter and Ordinances of the City. The Law Firm agrees to exert its best efforts on behalf of the City and to handle the matters for which representation has been requested of it faithfully and with due diligence. The Law Firm cannot and does not guarantee or agree that a result favorable to or satisfactory to the City will be achieved. No settlement or compromise will be made without the City's consent. 2. Identification of Client. It is understood that the Law Firm's client for purposes of its representation is the City of Wheat Ridge, and not any of its individual members or constituents, or any other entities whose interests are being represented by those individuals. 3. Term. It is understood that the City Attorney serves at the pleasure of the City Council and this Agreement shall therefore be for an indefinite term. 4. Designated City Attorney. The Council hereby appoints Murray Dahl Beery & Renaud LLP as City Attorney. The Attorney who will be primarily responsible for all legal services rendered to the City is Gerald Dahl. Mr. Dahl may delegate matters to other attorneys in the Law Firm who have expertise in the area of the legal services requested; however, any such delegated work will be performed directly under Mr. Dahl’s supervision and responsibility. 5. Compensation and Expenses. The Law Firm will charge the City for legal services at the hourly rate of $225 for partners of the Law Firm, $195 for non-partner attorneys of the Law Firm, and $95 for paralegals of the Law Firm. The Law Firm shall charge the rates set forth above and shall make no proposal to increase such rates through December 31, 2025. ATTACHMENT 1 a. Costs. In addition to the foregoing hourly rates for legal services, the Law Firm shall charge the City all costs incurred by the Law Firm in providing legal services to the City as set forth in the Schedule of Costs, attached hereto and incorporated herein by this reference. b. Monthly Billings. The Law Firm will bill the City on a regular basis, normally each month, for both fees and disbursements. All bills will reflect services already performed and disbursements already made and are due upon receipt. Any amounts not paid within 30 days of the date of the bill shall be subject to a late payment charge of 1-1/2% per month (18% per year). The City's obligation to make prompt payment of all charges does not depend upon achievement of any specific result. Payments will be applied first to the oldest amounts outstanding. 6. Billing Statement. The Law Firm will provide a billing statement each month setting forth the following information in a readable, detailed format: a. The date services are provided. b. The description of those services. c. The legal professional performing those services. d. The applicable hourly rate. e. The amount of time expended. f. A total of the cost of those services. g. With respect to disbursements and other expenses, the billing statement will indicate the date, the item of expense and the cost of that expense in a cumulative total of all expenses that month. 7. Miscellaneous. The City may terminate this Agreement at any time. If the City discharges the Law Firm, the City shall pay all fees and costs incurred to the date of termination. Subject to the Colorado Rules of Professional Conduct and any applicable court rules, the Law Firm may, after reasonable advance written notice to the City, terminate this Agreement. If the Law Firm terminates this Agreement, the City shall pay all fees and costs incurred to the date of termination. 8. Document Retention. The City acknowledges that the files the Law Firm creates and compiles for work on the City's matters, including notes, correspondence, pleadings, research, and documents which we prepare, will not be kept indefinitely. It is the Law Firm’s policy to destroy all files (including all documents and materials therein), seven (7) years after completion of each matter. However, if some legal restriction on destruction is imposed or some new development occurs, the retention period may be modified. This file destruction process is automatic and the City will not receive further notice prior to the destruction of these files. Accordingly, if the City wishes to maintain a record of any matter beyond our retention period, the City should consider maintaining its own files relating to the matters that we are handling. 9. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado, with jurisdiction and venue for any litigation proper and exclusive in the District Court for Jefferson County, Colorado. 10. Amendment. This Agreement may be amended only by a written instrument signed by both of the parties hereto. ATTACHMENT 1 11. Prior Agreements. This Agreement shall supercede all prior agreements between the parties concerning the provision of legal services. 12. Signature. The law firm and the city have read this document, understand it, and agree to it. EXECUTED on this ___ day of ________, 2023, to be effective as of __________, 2023. CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor ATTEST: ___________________________ Stephen Kirkpatrick, City Clerk MURRAY DAHL BEERY RENAUD LLP Gerald E. Dahl, Partner ATTACHMENT 1 Schedule of Costs 1. Long Distance Telephone Charges: There is no charge for long distance calls. 2. Faxes: There is no charge for faxes received or sent on behalf of Client. 3. Copying and Scanning: Document scanning and copying charges are $.10 per page for black and white copies, and $.50 per page for color copies made within the Firm. Copying, collating, binding, and scanning performed outside the Firm shall be charged at actual cost. The decision to use outside scanning, copying, collating, and binding services shall be made on a case-by-case basis as the circumstances require. 4. Deliveries: Items delivered by commercial messenger service are billed at the actual rate charged by the service. 5. Legal Research: The charge to the Client includes the usage amount billed directly to the Firm from its on-line legal research provider in relation to the Client’s case. 6. Mileage: Mileage is charged at a rate consistent with the guidelines published by the IRS. 7. Other Costs: Other third-party costs will be billed to Client at the same rate the Firm is billed for the third-party services. ITEM NO: 13 DATE: June 12, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 36-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $62,089 FOR THE ADDITION OF ONE FULL-TIME IT PROJECT MANAGER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: The City is in the contracting phase for new enterprise resource planning systems (ERP) with the anticipated project start date of October 2023. Through months of research and discussions with the City’s consultant and other jurisdictions, it has become clear that the City is not staffed appropriately to undertake this scale of project and that the addition of a full-time project manager is necessary to ensure success. PRIOR ACTION: One of Council’s strategic priorities is to streamline permitting and licensing. In discussions with Council previously, staff have shared that the primary solution to enhance the customer experience is to modernize the City’s enterprise resource planning systems and depart from the legacy system that hampers collaboration and transparency. Council Action Form – IT Project Manager Budget Supplemental June 12, 2023 Page 2 FINANCIAL IMPACT: The position has been classified by the Human Resources team as exempt grade 240 in the City’s 2023 pay plan. The position’s pay range is $87,690 to $131,530. Assuming a starting rate close to the middle of the grade and inclusive of FICA, Medicare, pension, and benefits, the cost for a full year is estimated at $109,610. For 2023, and inclusive of technology needs, the addition of this position in total will require a supplemental budget appropriation of $62,089. BACKGROUND: The City currently uses an on-premise legacy enterprise resource planning (ERP) system with some additional, non-integrated systems. The existing system has served the City well for many years, but the organization’s book of business has grown substantially, residents, businesses and other customers expect user-friendly systems, the workforce expects a more modern experience and the current on-premise system does not meet security best practices. In 2022, the City engaged BerryDunn to consult on a procurement effort to select the best systems for the City in all areas including finance, licensing, permitting, court and human resources. The City now has a preferred system for finance, building permitting and court, and is participating in product demonstrations with human resource information systems (HRIS) and revenue. Staff expects to have a contracts before council later this summer with the implementation kickoff for finance in the fall of this year. Staff expects the full implementation of all systems to take 24-36 months. A great deal of process improvement and change management will occur before, during and after implementation. Having spoken with a number of professionals who have experienced a transformation such as this, it is evident that we need a dedicated project manager on staff who will lead this effort and remain on board with all the institutional knowledge gained throughout the implementation. A full job description is attached for Council’s review. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request and additional FTE request. RECOMMENDED MOTION: “I move to approve Resolution No. 36-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $62,089 for the addition of one full-time IT Project Manager.” Or, “I move to postpone indefinitely Resolution No. 36-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $62,089 for the addition of one full-time IT Project Manager for the following reason(s)______________________________________.” Council Action Form – IT Project Manager Budget Supplemental June 12, 2023 Page 3 REPORT PREPARED AND REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 36-2023 2. IT Manager Job Description CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 36 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $62,089 FOR THE ADDITION OF ONE FULL-TIME IT PROJECT MANAGER WHEREAS, the City is undertaking a transformational effort to update and upgrade information technology systems; and WHEREAS; the City expects to realize streamlined licensing, permitting and other critical processes through the implementation of a new enterprise resource planning (ERP) system; and WHEREAS, the addition of a full-time IT Project Manager position will support the organization’s needs in implementing new ERP systems; and WHEREAS, insufficient appropriations in the 2023 Budget exist to cover these expenditures; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. A transfer of $52,089 is approved from the General Fund undesignated reserves to account 01-117-600-602 Section 2. A transfer of $2,000 is approved from the General Fund undesignated reserves to account 01-610-600-626 Section 3. A transfer of $8,000 is approved from the General Fund undesignated reserves to account 01-117-800-809 DONE AND RESOLVED this 12th day of June, 2023 Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 Created 4.21.2023 IT Project Manager Purpose/summary of the position: The Project Manager will be a project champion responsible for managing and coordinating the full lifecycle of an ERP implementation project. This individual will lead Functional Leads, other City staff, and vendors through this project driving accountability for scope, budget, and timelines. This individual will be responsible for process changes, change management, and partnering with IT to ensure the best integration of technology. This role is an integral part of our Administrative Services team, where we guide and serve our colleagues and community at the highest level to accomplish great things. The primary task of this role in the first three years is to lead the implementation of best-of-breed Enterprise Resource Planning (ERP) systems (finance, revenue, building permitting, HRIS, payroll, time and attendance, court case management) across the enterprise. By the end of the project, this role will become a subject matter expert in the ERP system and related business processes. Examples of Essential and Important duties: • Leads and manages the full lifecycle of an ERP implementation project to ensure adherence to budget, scope, and schedule. Represents the best interests of the City and end users. • Works with stakeholders across the organization to understand and document functional requirements. Devises and proposes solutions to support decision making. • Identifies, prioritizes, plans, analyzes, and implements business systems requirements for system changes and enhancements. Recommends process improvements where possible. • Leads City staff through collaborative change management processes to ensure implementations and upgrades result in streamlined, efficient, and secure business processes. • Critically evaluates requirements information gathered from multiple sources, reconciles conflicts, deconstructs high-level information into details, abstracts up from low-level information to a general understanding, and distinguishes user requests from the underlying true needs. • Builds and establishes excellent working relationships with City department personnel, IT staff, project teams, and vendors driving accountability for scope, budget, and deadlines. • Ensures that all work is end-user focused, committed to excellence, and maintains a strong attention to detail during all phases of the project lifecycle including discovery, initiation, requirements gathering, design, development, testing, implementation and beyond. • Assists end-users by answering questions about system configurations, operations, customizations, and changes. • Develops and delivers end-user training material. • Coaches and mentors staff develop and deliver end-user training sessions and materials. • Communicates effectively to both technical and non-technical colleagues as well as management, including formal presentations. • Understands business data and how it is consumed by the business and downstream users and systems. • Manages multiple assignments, priorities, and projects in a demanding environment. • Performs related work as required and assigned. Reports to: IT Manager ATTACHMENT 2 Created 4.21.2023 Knowledge, Skills, Abilities: • Project Management: Knowledge of methods, principles and tools for managing and coordinating projects. • Communication: Ability to develop and maintain effective and efficient working relationships with internal and external customers. Able to manage up and down on a project team and with vendors. Able to effectively communicate verbally and in written communication along with reading and verbal comprehension. Able to positively interact with others and facilitate collaboration. Able to perform active listening including taking time to understand what’s being said and asking questions when appropriate. • Organization: Must have knowledge of organization and administration practices and principles. Must have the ability to coordinate, organize, prioritize, and record many office support tasks demonstrating excellent organizational skills. • Time Management: Must take initiative and be able to manage multiple projects at a time and adjust to shifts in priorities. Must be able to prioritize tasks in a timely manner. • Financial: Must have knowledge of budget control methods and ability to prepare a budget. Must be able to manage complex budgets and work within the constraints of that budget. • Technology: Must have intermediate to advanced knowledge of Microsoft Office365 Suite including Word, Excel, PowerPoint, Project, and Outlook. Must be able to learn specific systems such as ERP software, and other city systems and software. • Judgement/Decision Making: Able to consider costs and benefits of potential actions and choose the most appropriate one. Use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions, or approaches to problems. Identifying complex problems and reviewing related information to develop and evaluate options and implement solutions. • Customer Service: Knowledge of principles and processes for providing customer service. This includes customer needs assessment, meeting quality standards for services, and evaluation of customer satisfaction. Qualifications: • Experience: A minimum of five (5) years of project management work, increasing in complexity and scope over time managing mid-sized to large projects o Well-qualified candidates will have experience creating and managing the following types of project assets: Requirements/Deliverables Traceability Matrix, Risk Register, ROI analysis, RACI Diagram, Stakeholder Register, Communication Plan, QA Plan, Project Plan/Schedule, Project Charters, Letter of Acceptance, RFPs and Statements of Work. o Education and Training: Bachelor’s degree in business, business information systems or computer science preferred • Preferred qualifications: o PMP certification o Municipal government experience o ERP project management o Tyler Munis suite experience. • Substitutions: education for experience, experience for education or a combination of both Created 4.21.2023 • License or Certification: o Possess a current and valid driver’s license and maintain a good driving record. If moving from a different state, a Colorado license must be obtained within (30) days of hire. o Background check is required. Working Environment: The work is performed mainly indoors in an office environment. The position is a good fit for part time remote work. At times, the work may involve traveling to other locations or job sites. The noise level in the work environment is usually low. Physical Requirements: While performing the duties of this job, the employee is regularly required to sit; stand, use hands, fingers, handle, or feel objects, tools, or controls; speak and hear. The employee is occasionally required to move around the office and reach with hands and arms. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. City Values: All team members are expected to adhere to the organizational values of ACTION! (Accountability, Change, Teamwork, Integrity, Opportunity, Now!) and are responsible for contributing to the achievements of the organization and department Team members are expected to continue to grow professionally and to apply learning in their job setting ________________________________________________ ____________________ Department Director Date ______________________________________________ ____________________ Human Resources Date To be completed by Human resources: Working with the manager, HR will determine FLSA Status: Non-exempt: Exempt: Salary Grade: 240 Date created: 04/21/2023 Date revised: