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HomeMy WebLinkAbout7-24-23 City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO July 24, 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 July 24, 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: 870 8260 6470 Passcode: 929374 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 June 05, 2023 City Council Meeting Minutes June 12, 2023 Special Study Session Notes June 12, 2023 City Council Meeting Minutes June 26, 2023 Special Study Session Notes June 26, 2023 City Council Meeting Minutes July 10, 2023 Special Study Session Notes July 10, 2023 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Catherine Kearney-Marinelli Proclamation PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to approve the purchase and payment of four 2023 vehicle replacements and the purchase and payment for installation of lighting and auxiliary equipment in a total amount not to exceed $256,559 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 17-2023 – an ordinance reappointing Presiding Municipal Judge Christopher Randall and approving a Presiding Municipal Judge Services Agreement ORDINANCES ON FIRST READING 3. Council Bill No. 18-2023 – an ordinance approving the sale of certain property owned by the City located at 7575 W. 44th Avenue DECISIONS, RESOLUTIONS, AND MOTIONS None 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 June 5, 2023 Mayor Starker called the Study Session to order at 6:31 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 Scott Ohm, Judy Hutchinson, Korey Stites, and Rachel Hultin. Councilmembers Janeece Hoppe, Amanda Weaver, Valerie Nosler Beck, and Leah Dozeman excused themselves due to illness, family obligations or both. Also present: City Clerk, Steve Kirkpatrick, City Manager Patrick Goff; Deputy City Manager Allison Scheck; Director of Community Development, Lauran Mikulak; Parks and Recreation Director, Karen A. O’Donnell; Recreation Manager Susan Anderson; Senior Planner, Stephanie Stevens; Sustainability Coordinator, Mary Hester; Joy Op, Sustainable Wheat Ridge Committee, and one interested resident. 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. Sustainable Wheat Ridge Update Issue The Sustainable Wheat Ridge (SWR) committee and staff requested to present an update to Council on current projects, progress made towards the Sustainability Action Plan, and other sustainability updates in the City. Staff and SWR members will provide an update to City Council regarding SWR’s recent accomplishments and anticipated areas of focus throughout 2023. Staff Reports Assistant City Manager, Marianne Schilling presented the background on the issue where since the inception in 2017 by Mayor Joyce Jay and Council the SWR has been working to implement the Action Plan, educate the public and promote sustainability opportunities within the community, and continues to advise the City on best practices and opportunities. She introduced Sustainability Coordinator, Mary Hester who spoke on items that included the accomplishments over the past two years: • Hosting several community events • Publishing the City’s first Sustainability Newsletter • Initiated the annual Green Business Award • Passing of an ordinance to explicitly allow residential composting • Created an EV charging location strategy Other Highlights included: • Garden in A Box - offered through Resource Central • Sustainable Neighborhoods - Applewood Villages, Fruitdale, Panorama Park, and Paramount Heights • Mayor’s Monarch Pledge - offered through the National Wildlife Federation • Community Events - Fall Yard Waste, Paint Recycling, Electronic Waste Recycling Events Ms. Hester also relayed that the Sustainable Wheat Ridge and staff recognize that there has been substantial progress made on the Action Plan since implementation began in 2018. As of the February 2021 update to Council, 51% of the plan was in progress or completed, and currently 64% of the plan is now in-motion or already completed, with 32% of the identified goals being fully completed. The Sustainable Wheat Ridge Committee has identified six focus areas for 2023: 1. Inflation Reduction Act (IRA). 2. Solar 3. Greenhouse Gas Emissions Reduction. 4. Sustainability Action Plan Update 5. Green Business. 6. Responsible Waste Management. Councilmembers had questions and comments: • Several CM and Mayor Starker thanked Staff for their hard work that yielded the report we heard tonight. The report was well formatted and easy to read yet full of essential ideas and recommendations. • CM Hultin, who attends meetings and events sponsored by the program, opined that it is impossible to overestimate the enthusiasm and commitment to sustainability among those staff and volunteers working so hard. She also noted that many, many residents, including relatively new arrivals, have gotten directly involved as volunteers. • MPT Stites echoed others’ laudatory comments and expressed his amazement and high level of satisfaction with progress in sustainability through their efforts. • CM asked detailed questions about technicalities and how to achieve the City’s objectives. A lengthy discussion among staff and CM addressed several of these questions. • Several questions concerned how to implement specific recommendations, 2. Waterwise landscaping regulations and programs Issue The purpose of this study session is to confirm policy direction and gauge Council’s level of interest related to waterwise landscaping regulations and programs for privately owned properties. This issue will also discuss the City’s role in supporting and modeling waterwise practices and the topics are organized into five sections: 1. Background on the City’s water source and waterwise principles 2. A summary of peer community approaches 3. A discussion and policy questions related to waterwise regulations 4. A summary and discussion related to waterwise programs 5. A summary of the current state of Wheat Ridge waterwise modeling Staff Reports Senior Planner Stephanie Stevens, Sustainability Coordinator Mary Hester, along with Landscape Planner Janet Gassman presented on the issue and summarized the water background where historically, it has been a state-level responsibility to figure out how to share Colorado River water, but the failure of seven states (Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming) to reach an agreement on water reductions could place the responsibility on the federal government. Years of continuous drought coupled with local area growth and development have raised awareness and concerns about the availability and use of water in Colorado and particularly the Front Range. Water levels of the Colorado River and its two reservoirs, Lake Mead and Lake Powell, have reached record lows in recent years, triggering a series of water shortage declarations by the Department of Interior. The following topics were also touched on in an overview: • Water Source & Cycle • Waterwise Landscaping and Xeriscaping • Peer Communities Overview • Regulatory Strategies • Code Analysis • Irrigation – Turf, Artificial Turf, Irrigated and non-functional turf, Landscape specifications, Low-density residential requirements, etc. • Programmatic Strategies • Modeling Strategies Finalizing in the next steps, staff is seeking to understand Council’s level of interest related to waterwise landscaping and to confirm whether Council agrees with staff’s regulatory, programmatic and modeling approaches. Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff including: • Several CM expressed their support for the staff recommendations. • CM Ohm opined on several issues related to water conservation and the staff’s recommendation. He expressed concerns about installing too many artificial turf areas because they impact the entire landscaping plan. • CM also discussed existing irrigation requirements, nearby municipalities policies, and regulations related to using well water for watering landscaping. The Mayor proposed a consensus to direct staff to bring to Council draft code changes and regulations aligned with staff’s recommendations and consistent with CM comments and feedback on those recommendations. Consensus attained. 3. Metropolitan Football Stadium District funding for youth activity programs 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 a variety of options to youth community members and requested feedback regarding their preferences. Based on youth feedback, staff will present recommendations for use of these funds. Staff Reports Parks and Recreation Director, Karen A. O’Donnell reported on the item where the City received notice from the Metropolitan Football Stadium District (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. Recreation Manager Susan Anderson described the first option as a large, nature- themed playground designed by GameTime. If selected, this piece totaling $384,663, will be installed at Anderson Park next to the nature play area. Ms. Anderson then described other options to replace the existing aging playground at Anderson Park, along with proposed items for the Green on 38th, the Recreation center and also one for Anderson park. These projects range from $110,000 to $120,000. Councilmembers had questions and comments: • CM asked detailed questions about several topics, engaging in discussion among themselves and with staff, who answered their questions in detail. • CM thanked staff for their hard work on this issue, and strongly supported involving Wheat Ridge children in the process of planning how to spend these funds. • CM asked several questions about the process for receiving, allocating and spending the windfall from the sale of the Broncos. Another question focused on the timeline for beginning to install and then use these new play areas. Mayor Starker asked for a consensus to move forward. Consensus attained. 4. Staff Report(s) Mr. Goff announced Elected Officials’ Report(s) City Clerk Kirkpatrick reported on the latest developments regarding the protestors’ appeal of Judge Basso’s order supporting the Clerk’s Office determination that the petition submitted to refer Ord 1744 regarding ADU in Wheat Ridge. He also revealed plans to make for more complete presentation to Council at an upcoming meeting. CM Hutchinson noted a report in the Denver Post that a sports activity business focusing on pickleball courts and other indoor sports, with food, drinks and seating areas. CM Hultin and CM Ohm held a District II meeting in the cold rain last Saturday. She also visited the Happiness Gardens and was delighted to see all of the activities and new plantings. She urged people who have not recently visited the Gardens to visit it soon. Gov. Polis signed a new law allowing more aggressive enforcement of speeding on our roadways. MPT Stites attended the Golds Marketplace event last Saturday and it was a great success. CM Ohm asked about planned openings of new businesses at Golds Marketplace. Mr. Goff gave a detailed answer. He also reported on several instances when other drivers passed him clearly exceeding the posted speed limit. He asked whether the mobile speed limit signs record data on the speed of passing vehicles so we could analyze the information. Mr. Goff replied to the questions and reported on new devices WR PD is using in high-traffic areas where there are also high complaint rates about speeding cars. Mayor Starker thanked the staff and volunteers who came this evening to discuss three different matters. Coffee with the Mayor at Vignola’s this Saturday at 9 am. ADJOURNMENT The Study Session adjourned at 8:56 pm. APPROVED BY CITY COUNCIL ON June 12, 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  June 12, 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. Seven 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 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson      Scott Ohm         Rachel Hultin          Janeece Hoppe Amanda Weaver     Korey Stites        Leah Dozeman  Absent:  Valerie Nosler Beck Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Chief of Police, Chris Murtha; Deputy City Manager, Allison Scheck; Director of Comm. Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of Parks and Recreation, Karen O’Donnell; Assistant City Attorney, Nick Klein; Mary Hester, Sustainability Coordinator; Jeff Streeter, Deputy City Clerk, Robin Eaton; other staff, guests and interested citizens.  APPROVAL OF MINUTES The Study Session Notes of May 15, 2023, and City Council Meeting Minutes of May 22, 2023, were approved as published. APPROVAL OF AGENDA Agenda item Resolution 33-2023 was pulled from the agenda. The rest of the agenda stood as announced PROCLAMATIONS AND CEREMONIES Juneteenth Proclamation Mayor Starker recognized Juneteenth 2023 and urged 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 Leave No Trace Proclamation Mayor Starker proclaimed June 17, 2023, as Leave No Trace Day and encouraged all residents to follow Leave No Trace principles and to take active roles in preserving our natural resources for future generations by following the seven principles to plan ahead, prepare, travel and camp on durable surfaces, respect wildlife, and be considerate of others. Accepting the proclamation is a group from the Parks and Recreation Department and the City Manager’s office, Benny Paiz PFOS Supervisor and Susan Bennett, Environmental Interpreter both from Parks and Recreation, and Mary Hester Sustainability Coordinator from the City Manager’s office accepted the award. Multiple Leave no trace Events will be this weekend. 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. 1. CONSENT AGENDA CM Ohm introduced the consent agenda. a. 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 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. b. Resolution No. 33-2023 - a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest 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. c. 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 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) d. Motion to approve appointment by City Manager to Cultural Commission 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. Motion by CM Ohm to approve Consent Agenda Items a.), b.), and d.) seconded by CM Hoppe, motion carried 7-0 Item c. was removed at the beginning of the meeting, and thus not voted on. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. 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. Mayor Starker opened the public hearing Deputy City Clerk Robin Eaton assigned Ordinance No. 1764. Staff Presentation Parks and Recreation Director Karen O’Donnell gave a detailed presentation which included the background where 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. 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. Ms. O’Donnell noted that staff will monitor use of the affected trails and adjust the policy as needed. . 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 No comments from Council Members or Mayor. Motion by CM Hoppe 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, seconded by CM Stites, motion carried 7-0. 3. 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. Mayor Starker opened the public hearing. Deputy City Clerk Robin Eaton assigned Ordinance No. 1765. Staff Presentation Chief of Police, Chris Murtha and Assistant City Attorney Nick Klein, City Attorney presented to council where in the recent 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 “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) After the presentation, they 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 Weaver asked detailed questions of the Chief and the City Attorney’s office regarding clarification of some of the terms and how residents will navigate through the process. Staff and Mr. Dahl gave specific answers to the inquiries. Motion by MPT Stites to approve Council Bill No. 13-2023 - an ordinance amending 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., seconded by CM Ohm, motion carried 7-0 ORDINANCES ON FIRST READING 4. 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. CM Dozeman introduced Council Bill 14-2023 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. Motion by CM Dozeman to approve Council Bill 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, seconded by CM Stites, motion carried 7-0. 5. 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 CM Hultin introduced Council Bill 15-2023 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. Motion by CM Hultin to approve Council Bill 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 15 days after final publication; seconded by CM Ohm, motion carried 7-0. 6. 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. CM Hoppe introduced Council Bill 16-2023 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. Motion by CM Hoppe to approve Council Bill 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; seconded by CM Dozeman, motion carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 7. Motion to Approve an Appointment to the Parks and Recreation Committee CM Weaver introduced the Motion. 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. Staff Presentation Deputy City Manager Allison Scheck gave a brief presentation, where after normal advertisements for the annual Boards and Commissions seats, the resignation of one Parks and Recreation member was received by the Commission Liaison on May 8, 2023. The City retains applications for a period of one year. Council’s Appointment Packet included the applications received in the last twelve months and new applications as a result of this vacancy and posting Motion by CM Weaver to appoint Mark Doody to the Parks and Recreation Committee, term to expire March 02, 2026, seconded by CM Stites, motion caried 7-0. CM Hultin thanked those just appointed and those continuing to serve for their volunteerism for the benefit of the community. 8. 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 CM Hultin introduced Resolution 35-2023 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. Staff Presentation City Manager Patrick Goff presented to council the prior actions and background on the issue where 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%. Public Comment No one came forward to speak. Council Questions and comments CM Hultin thanked staff on making this happen and shared her appreciation for it. CM Hoppe thanked CM Hultin for her work on her resolution. CM Ohm thanked CM Hultin and staff for their work on this. Mayor Starker commented that he spoke with Foothills Regional Housing, and they were very complimentary toward the staff and City Council for making this happen. Motion by CM Hultin 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, seconded by CM Hoppe, motion carried 7-0. 9. Motion approving a legal services agreement between the City and Murray, Dahl, Beery, Renaud LLP MPT Stites introduced the Motion 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. Staff Presentation Patrick Goff spoke briefly where Gerald Dahl was appointed City Attorney in 1995, 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. City Attorney address staff with comments explaining rate adjustments and explains what a great client the City has been. Public Comment No one came forward to speak. Council Questions and comments CM Hoppe stated that she was happy to continue to retain City Attorney Dahl and was appreciated his institutional knowledge and service to the City. Mayor Starker also commented his appreciation of Attorney Dahl and the way he keeps his presentations to a minimum of what is needed. Motion by MPT Stites to approve a legal services agreement between the City and Murray, Dahl, Beery, Renaud LLP, seconded by CM Ohm, motion carried 7-0. 13. Resolution No. 36-2023 – A Resolution approving a budget supplemental appropriation to add an IT Project Manager CM Hutchinson introduced Resolution 36-2023 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. Staff Presentation Deputy City Manager Allison Scheck presented to council the prior actions and background on the issue where one of the 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. 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 contract 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 was submitted for Council’s review. Public Comment No one came forward to speak. Council Questions and comments No one came forward to speak. Motion by CM Hutchinson 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, seconded by CM Stites, motion carried 7-0. CITY MANAGER’S MATTERS Mr. Goff had nothing to report CITY ATTORNEY’S MATTERS Attorney Dahl had nothing to report ELECTED OFFICIALS’ MATTERS CM Nosler Beck – not in attendance CM Hultin c - District II has two businesses with lines waiting for them, King of Wings and GetRight’s. District II has good stuff. Want to continue sharing her trip through Happiness Gardens. If you have not walked through there, I would encourage you to. Regenerate WR program, one Wednesday a month. Please engage in all the good things happening there. CM Hutchison – nothing to report CM Ohm a. – had an opportunity to stop at the GetRight’s Bakery, and was very happy about his purchase, was a line, and was worth the wait. He would recommend going there. CM Dozeman – nothing to report CM Weaver – nothing to report MPT Stites – if you can find nuggets gear in WR, buy it here. Mayor Starker – thanks Vinnola’s for hosting the Coffee with the Mayor ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 7:30 pm. APPROVED BY CITY COUNCIL ON July 24, 2023 _________________________________ Robin Eaton, Deputy 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. Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 12, 2023 Upon adjournment of the Regular City Council Meeting, and after a short recess, the Mayor called this Special Study Session to order at 7:30 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. After calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Judy Hutchinson, Amanda Weaver, Scott Ohm, Janeece Hoppe, Rachel Hultin, Korey Stites, and Leah Dozeman. Absent: Valerie Nosler Beck Also, present: City Manager Patrick Goff; City Attorney, Gerald Dahl; Chief of Police Chris Murtha; Deputy City Manager, Allison Scheck; Associate Attorney, Nick Klein: Deputy City Clerk, Robin Eaton; Polco’s Director of Survey Research, Jade Arocha, guests and interested citizens. Public Comment on Agenda Items No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. 2023 Resident Survey Report Issue The survey serves as the City’s “consumer report card” and is an information tool for the City to measure its performance. The survey encompasses best practices and is a statistically valid sampling of 4,500 households in the City. The Wheat Ridge Resident Survey was last administered in 2021 Staff Report Assistant to the City Manager, Marianne Schilling gave a detailed report on how the resident survey serves as the City’s “consumer report card.” The purpose of the survey is as follows: • To assess resident satisfaction with community characteristics and amenities • To evaluate Wheat Ridge local government and employees • To further understand the resident’s priorities regarding government services in Wheat Ridge Ms. Schilling introduced Jade Arocha, Polco’s Director of Survey Research, who presented the 2023 Resident Survey Report to City Council. Topics discussed included: • History of the survey • How are the questionnaires distributed? • The process of preparing residents to receive the survey and encouraging them to respond. • Are the topics and questions in the packet tonight on target? Councilmember questions and comments: A lengthy and detailed discussion of topics and specific question wordsmithing followed among and between staff and CM Ohm, and CM Hultin. Mayor Starker thanked staff for their hard work and good work product to date and looked forward to the next iteration of the survey questionnaire. Mr. Goff then discussed the public opinion poll planned to gauge residents’/voters’ views on the sales tax proposition Council is considering putting on the November 2023 general election ballot. The Mayor proposed a consensus to direct staff to move forward with their suggestions on the public opinion poll. Consensus attained. 2. Hotel Licensing Ordinance Update Issue On October 25, 2021, City Council passed ordinance 1723, adding a new article XIV to Chapter 11 and updating use schedules in Chapter 26 of the Wheat Ridge Code of Laws to establish a hotel licensing program. Sec. 11-569 of the Code requires Council to review the implementation of the ordinance on or before June 30, 2023, and every 18 months thereafter. This report provides an update about the progress and current status of the hotel licensing program and includes recommendations for code amendments based on lessons learned thus far. Staff Report Associate Attorney, Nick Klein and Chief Murtha Chief Murtha gave detailed descriptions on the financial impacts, including staff time where a cross-departmental City staff team meets frequently and works collaboratively to develop the required standard operating procedures, forms, and processes to implement this program along with ongoing enforcement efforts, along with the decrease in the volume of calls from our hotels and motels. Overall, the hotel licensing program is having the desired effect of reducing crime in Wheat Ridge, particularly in the area surrounding I-70 and Kipling, as the rate of service calls have reduced The subject items of the discussion included: • Current status of hotels in Wheat Ridge, • Licensing update, • Public safety update, • Status of long-term residents living in hotels and culminates with recommended code amendments based on what the team has learned thus far in the implementation the hotel licensing ordinance Councilmember questions and comments: A lengthy and detailed discussion of topics and specific question wordsmithing followed among and between staff and CM. Councilmembers and staff also discussed potential connections to the homeless navigator program. Councilmembers also asked for public information and education about this effort, both to inform residents about its impact on homelessness and impact on local lodging businesses. Have these businesses been asked for input? Chief Murtha gave a detailed reply. CM Hoppe asked for a consensus to direct staff to move forward with their 4 suggested amendments and add a one-month time-gap for the requested time difference when they can be in the hotel. Discussion on the consensus by CM Hultin to propose a two month and everything else would stay the same on the original consensus Consensus attained. 3. Staff Report(s) Nothing more. 4. Elected Officials’ Report(s) The Mayor noted the progress on important matters this evening and thanked the staff for their hard work. ADJOURNMENT The Special Study Session adjourned at 8:43pm. APPROVED BY CITY COUNCIL ON July 24, 2023. _________________________________ Robin Eaton, Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  June 26, 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 Pro-Tem Stites stated the rules and procedures necessitated by this meeting format.  Mayor Pro-Tem Stites 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      Scott Ohm         Rachel Hultin          Janeece Hoppe Amanda Weaver     Korey Stites       Leah Dozeman Absent: Mayor Starker represented the City at a CML strategic planning session this evening; Mayor Pro-Tem Stites presided. CM  Valerie Nosler Beck was absent due to illness. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Director of Parks and Recreation, Karen O’Donnell; other staff, guests and interested citizens.  APPROVAL OF MINUTES There were none tonight. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Park and Recreation Month Mayor Pro-Tem Stites proclaimed the month of July, 2023 as Parks and Recreation month, to acknowledge and recognize park and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development, and encourage physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles. Parks and Recreation Director Karen O’Donnell accepted the Proclamation on behalf of her team, 11 of whom were present for the proclamation. Ms. O’Donnell mentioned a few of the many, many projects and challenges, which she deemphasized so she could recognize her staff members, recognizing them for their performance, teamwork and accomplishments. The Department has persevered through a series of challenges including the pandemic and a lack of lifeguards, to mention only two of them. PUBLIC’S RIGHT TO SPEAK Lori Rosenthal, CEO of Jeffco Housing Authority, 11941 W. 48th, Ave. - Came to thank Council for their support and recent actions in support of affordable housing generally and financial partnership support recently appropriated by Council. Amy Case, Chief Real Estate Officer, Jeffco Housing Authority; 11941 W. 48th, Ave. came to support the proposed changes to multi-unit parking regulations included in tonight’s agenda. 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) The following comments appeared in WR Speaks for this session of Council. Item No. 4 - ORD - amend WR Code for affordable housing Mark De La Torre Jun 26, 2023 ∙ 10:41am I strongly support this ordinance. I'm not going to list the countless organizations and communities that have identified this strategy as an effective tool for delivering affordable housing - we've already acknowledged the importance of it in our own adopted Affordable Housing Strategy and Action Plan. Parking requirements are one of the larger barriers affordable housing developers face - any small step to lighten that burden to realize units is a good thing. Any fear of parking pressure in adjacent neighborhoods is overexaggerated in my opinion. It's the same 'reductio ad absurdum' fear that never materializes. If we continue to retain land-use control at the local level, as we pitched so strongly for in the last legislative cycle, we need to take demonstrable steps to effect change. This is a common-sense step in the right direction. Address: 4345 Brentwood St. Wheat Ridge, 80033 Amy Case ∙ Jun 23, 2023 ∙ 1:22pm “The Jefferson County Housing Authority d/b/a Foothills Regional Housing, is an active affordable rental housing developer operating within the City of Wheat Ridge. We are interested in continuing to create this type of critically needed housing stock in the face of escalating land and construction costs. We submit this comment to express our full support of Case No. ZOA-23-06 regarding parking requirements for deed-restricted affordable housing. By reducing the amount of parking required, we can build more units for less. For example, our most recent development, The Ives, has 50 units on a roughly 37,700 square foot lot and is required to provide 38 spaces (assuming a 25% administrative reduction). With the proposed bill, The Ives would only need 25 parking spaces (.5 spaces/unit), allowing us to increase the building footprint by 3,500 square feet. This additional space would translate into roughly 18 additional units. This bill would allow affordable housing providers to do more with less, and build more affordable communities where they are needed most.” Address: 11941 W 48th Ave Wheat Ridge, 80033 1. CONSENT AGENDA CM Weaver introduced the consent agenda. a. Motion to award a contract for the Recreation Center parking lot repair project to Sunland Asphalt and Construction, LLC of Littleton, Colorado, and approve subsequent payments in the amount of $485,900.72 with a contingency amount of $48,500.00, for a total not-to-exceed the amount of $534,400.72 Issue The Wheat Ridge Recreation Center opened in February 2000. Significant repairs to the parking lot are currently required. Due to the poor soils underlying the parking lot, staff completed an analysis and determined that a major rehabilitation, consisting of a mill and overlay treatment, would be more cost-effective than complete reconstruction of the parking lot. One bid was received for this work in response to an Invitation to Bid. The bid was in line with the Engineer’s Estimate for the work. Therefore, staff recommends awarding a contract to the lowest responsive bidder, Sunland Asphalt and Construction, LLC of Littleton, Colorado in the amount of $485,900.72 plus a staff-managed contingency of $48,500.00 for a total not-to-exceed amount of $534,400.72. b. Resolution No. 33-2023 - a resolution approving an agreement with Denver Urban Gardens, Inc. associated with the Happiness Gardens Food Forest 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. c. Motion to award a contract in the amount of $384,662.99 to GameTime Inc., for the purchase and installation of playground equipment at Anderson Park to be funded by the reimbursement from the Metropolitan Football Stadium District 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 a variety of options to youth community members and requested feedback regarding their preferences. This request is for approval of a contract with GameTime in the amount of $384,662.99 for a playground to be installed at Anderson Park Motion by CM Weaver to approve Consent Agenda Items a.), b.), and c.), seconded by CM Hoppe, motion carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution 37-2023 – A Resolution approving the assignment to the Jefferson County Housing Authority, D/B/A Foothills Regional Housing of $1,970,630 of the City of Wheat Ridge, Colorado’s 2023 Private Activity Bond volume CAP allocation from the State ceiling for Private Activity Bonds; and authorizing the execution and delivery of an assignment and other documents in connection therewith CM Ohm introduced Resolution 37-2023 Issue The City of Wheat Ridge has received an allocation of $1,970,630 for the purpose of issuing Private Activity Bonds (PABs) in 2023 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Foothills Regional Housing which has agreed to issue PABs for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard. Mayor Pro-Tem Stites opened the public hearing. Staff Presentation City Manager Patrick Goff gave a brief presentation which included the prior actio0ns and background where PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, based on population. Afterwards he 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 made several comments in support of the motion and recalled recent efforts by Council and staff to ensure this funding meets residents’ needs and desires. Motion by CM Ohm to approve Resolution 37-2023 – a resolution approving the assignment to the Jefferson County Housing Authority, d/b/a Foothills Regional Housing of $1,970,630 of the City of Wheat Ridge, Colorado’s 2023 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith, seconded by CM Hoppe, motion carried 7-0. 3. 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. CM Dozeman introduced Council Bill 14-2023 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. Mayor Pro-Tem Stites opened the public hearing. City Clerk Kirkpatrick assigned Ordinance No. 1766. Staff Presentation Senior Planner, Scott Cutler presented to council where 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 following code sections should be updated: • Adds to the code accessory building requirements • Adds cross-reference to the City Charter regarding height, density, and exempted areas • Makes minor updates to vertical screening requirements • Updates building material requirements in Section 26-1106 • Clarifies existing height bonuses for structured parking • Updates bicycle parking requirements • Updates open space requirements in Section 26-1110 • Updates permitted uses and adds definitions in Section 26-1111 After the 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 had studied this proposed ordinance and had few questions. CM Hultin renewed her request for ensuring electric bicycle and vehicle charging stations in these multi-use developments. Staff responded to her comments. Motion by CM Dozeman 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 second reading and that it takes effect fifteen (15) days after final publication, seconded by CM Ohm, motion carried 8-0 4. 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 CM Hultin introduced Council Bill No. 15-2023 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. Mayor Pro-Tem Stites opened the public hearing. City Clerk Kirkpatrick assigned Ordinance No. 1767. Staff Presentation Senior Planner, Scott Cutler again presented to council the prior actions and 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. Afterwards he stood by to answer any questions. Public Comment CEO of the Jeffco Housing Authority spoke in favor of this proposed Ordinance and the benefits it will create for our residents. Kim Calomino, 4070 Dover St. came to support the proposed Ordinance as a resident and advocate for the new requirements for parking in conjunction with affordable housing. Kelly Blynn, District II resident, called in to support the passage of the Ordinance. She also thinks Council and staff should address the question of parking in all zoning classes. The vast majority of WR residents do not live in the housing zone addressed by this ordinance but going forward Council should look at parking in all zones. Montana Stevenson – 3655 Harlan St. called to remind all those other issues about affordable housing, other agencies’ roles in planning and executing this kind of ordinance. She thinks for several reasons she enumerated ways that we can do better going forward as we develop more policy. Council Questions and comments CM Hoppe commented on the research and study Council has done on this issue, the input from several sources used in addition, and prior study sessions to reach this point with this proposed Ordinance. CM Weaver expressed her support and thanked those who came to speak on this item. CM Hultin referenced the data sources that drove this change in the Code. She recalled statistics on how many homes in Colorado have how many cars and how she interpreted that data to inform her support for this motion. CM Dozeman also referenced questions she had asked in Study Session, and how her concerns have been addressed by staff additional research. She supports it. MPT Stites also expressed his support for the motion. Motion by CM Hultin to approve Council Bill 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 second reading and that it takes effect fifteen (15) days after final publication, seconded by CM Hoppe, motion carried 7-0. 5. Council Bill 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 CM Hoppe introduced Council Bill 16-2023 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. Mayor Pro-Tem Stites opened the public hearing. City Clerk Kirkpatrick assigned Ordinance No. 1768. Staff Presentation Senior Planner, Scott Cutler gave a detailed presentation which included the background where 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. Ms. Easley state that the proposed ordinance makes three specific changes to expand where childcare centers may be allowed and also corrects two specific discrepancies that currently exist between state and local regulations. Afterwards he stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments CM Weaver asked how adult daycare is impacted or addressed by this ordinance. Mr. Cutler replied that this proposal does not address adult daycare. CM Weaver asked that staff consider this issue and report any recommendations to Council. Mr. Dahl also opined on several details of law and public policy; his most important comment was to the effect that adult daycare is a different area of law and public policy that is not addressed here. Motion by CM Hoppe to approve Council Bill 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 second reading and that it takes effect fifteen (15) days after final publication, seconded by CM Hutchinson, motion carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS There were none tonight CITY MANAGER’S MATTERS Mr. Goff reported that the second public opinion survey on tax levies for this fall’s ballot went out today. Our public art projects continue successfully and to great praise. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM Hutchinson recently attended another restaurant opening. She also attended a tour of the new hospital at Clear Creek Crossing today and expressed her strongly positive impressions of the facility (as an RN). CM Hultin reminded us that this Thursday, June 29th is Ride Your Bike to Work Day. She also reminded everyone that all RTD transit modes are fare-free for both July and August, an expansion to two months this year. She challenged all of us to ride at least one RTD trip in July and one in August CM Ohm was a mystery reader for three books at the Jeffco Library recently. He complimented and recognized staff and Council for their hard work tonight and for the many months of work that lead to tonight’s actions. CM Dozeman lauded the Ridge Fest event last Saturday, commenting specifically on the contests like the corn hole tournament. Starting this week, the Farmers Market is open again. Yoga on the Green starts again this weekend too. CM Weaver announced that the goat herd returns to the meadows this weekend, so come meet the goats. The goats are also consuming the grass along the stream that runs through the meadows. CM Hoppe also commented on the hospital tour today. She opined that her tour demonstrated many, many reasons why a new hospital is actually essential (and less costly that a renovation of the current facility. MPT Stites also enjoyed the hospital tour today. He also commented that many District III residents continue to ask more questions about the future of the legacy campus. He thanked Guy Nahmiach for his supportive efforts for art and culture in WR. He also opined that one should definitely buy breakfast burritos at any of the several WR establishments that serve superior ones – and whatever else they can find in WR – then buy it in WR. Mayor Pro-Tem Stites also reminded everyone that fireworks are illegal in the City of Wheat Ridge. Anything that explodes or leaves the ground is not permitted. ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 7:47 pm. APPROVED BY CITY COUNCIL ON July 10, 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. Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue June 26, 2023 Upon adjournment of the Regular City Council Meeting, and after a short recess, the Mayor called this Special Study Session to order at 7:55 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. After calling the meeting to order, presiding official Mayor Pro-Tem Stites stated the rules and procedures necessitated by this meeting format. Mayor Pro-Tem Stites welcomed the Council, other elected officials, staff and interested citizens. The Mayor Pro-Tem also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Councilmembers present: Judy Hutchinson, Scott Ohm, Rachel Hultin, Janeece Hoppe Amanda Weaver, Korey Stites, and Leah Dozeman. Absent: Mayor Starker represented the City at a CML strategic planning session; Mayor Pro-Tem Stites presided this evening. CM Valerie Nosler Beck was absent due to illness. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Business Development Manager, Steve Art; staff, guests and interested citizens.  Public Comment on Agenda Items – No one came forward to speak. Please, also see the minutes of tonight’s regular Council session. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no citizen comments entered into Wheat Ridge Speaks related to this session, but there were at this evening’s regular Council Meeting. Those comments appear in the minutes for tonight’s regularly scheduled City Council business meeting. 1. The Ives Affordable Housing Project, Phase 2 – Foothills Regional Housing Issue The City purchased the Bank of the West property located at 7525 W. 44th Avenue in January 2021 for right-of-way required for the Improve Wadsworth project. After the necessary right-of-way was dedicated for the Wadsworth project, a remnant parcel of 15,435 square feet and a structure remain. Foothills Regional Housing (FRH) has made a request to the City to contribute this parcel for inclusion into The Ives affordable housing development project. Staff Report City Manager, Patrick Goff gave a detailed report on how in April 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. A professional services contract for right-of-way acquisition was approved by City Council in December 2018 to negotiate with and purchase from property owners, along this segment of Wadsworth Boulevard, the necessary rights-of- way to complete this project. Foothills Regional Housing (FRH) is currently working through pre-development activities to produce new affordable housing at the NW corner of 44th Avenue and Wadsworth Boulevard. They already own three parcels at the site, and the zoning is in place as use-by-right to allow affordable housing. This site, what FRH is calling The Ives, is a master-planned assemblage of various parcels and is anticipated to be developed in four phases. FRH is asking for the City Council to consider contributing the remaining Bank of the West parcel for Phase 2 of The Ives project which will produce another 97 affordable units. In exchange, the City’s homeless and housing navigation program will be able to make direct referrals to FRH for residents they work with for housing in these subsidized units Councilmember questions and comments: A lengthy and detailed discussion of topics and specific questions followed among and between staff and CM. For example, how do we set the income eligibility levels? Could we include retail spaces in the new design for this property? Does the plan account for the location of the AAA Propane business and their ongoing compliance with safety regulations for propane as future nearby residential property gets occupied? CM thanked the staff and Foothills Housing Authority for their hard work on this issue. CM opined that this project is a positive step forward for the City and specifically the Affordable Housing Strategy. Will there be any cost to the City if a part of the building cannot be used for a construction office? What is the current zoning for that parcel, and does it need to change to move forward with this effort? CM are glad that this development includes family-sized units with 2- and 3-bedrooms. Several CM expressed strong support for leaving the AAA Propane business in place, and that the City does not pressure them to move. MPT Stites proposed a consensus to direct staff to bring to Council the necessary proposed ordinance and other actions required to move forward with this project as described in this evening’s Council packet. Consensus attained. 2. Membership of the Urban Renewal Authority Issue In 2015, the Legislature amended the Urban Renewal statute to require a membership of thirteen, with three members appointed by out-of-city authorities: one by the Board of County Commissioners, one by the school district, and one by the special districts having a mill levy in the City. The 2015 requirement only applies to urban renewal authorities governing urban renewal districts formed after the effective date of the bill. Because until now, the City has not created any new urban renewal areas since 2015, it was permitted to retain its seven-member authority. Staff Report City Attorney’s, Gerald Dahl and Nick Klein gave detailed descriptions on the item because the City is preparing to create one or more new urban renewal areas, the state statute will apply, and the membership of the Authority must be increased to thirteen. As a side note, the charter requirement that there be equal representation from each council district does not apply to authorities, only "boards and commissions." To expand 'to thirteen members overall, there must be ten "City" members in addition to the three appointed by the county, the school district and the special districts. There are two options to do this: • Retain the current four "district" members and increase the at large members to six. • Increase the district members to 2 from each council district, then have two at large. Councilmember questions and comments: A detailed discussion of topics followed among and between staff and CM. Councilmembers and staff discussed whether to require an elected CM on the Authority Board, and how to appoint the other members required to fill the new requirement that the board have 13 members. CM also discussed various approaches to deciding how Council will fill the whole slate of new members: district representation; appointments by the Mayor; at-large seats; etc. Discussion ensued about the length of terms, how many terms one may serve (consecutively and how long between terms after they term-out). Mr. Dahl reported that other municipalities most frequently set terms at 5 years with two consecutive terms maximum, but one can return to office after a two-year hiatus. How shall we align city council terms with URA board membership so that we do not create vacancies when CM terms end or they resign mid-term? CM Hoppe asked for a consensus to direct staff to bring forward a proposed ordinance to address compliance with the new Urban Renewal Authority statutes, based on a 5- year term, limited to two consecutive terms and eligibility to be seated again after a 2- year hiatus. Consensus attained. 3. Staff Report(s) Nothing more. 4. Elected Officials’ Report(s) CM Hultin announced that there are new plantings going into Happiness Gardens and asked that those who are interested volunteer to help with that work. Nothing further this evening since we did this earlier at the end of the regular Council meeting. ADJOURNMENT The Special Study Session adjourned at 9:02 pm. APPROVED BY CITY COUNCIL ON July 10, 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  July 10, 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     Scott Ohm                 Janeece Hoppe Rachel Hultin Amanda Weaver    Korey Stites              Leah Dozeman Valerie Nosler Beck Also, present: City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick (virtually); Chief of Police, Chris Murtha; Deputy City Manager, Allison Scheck; Director of Comm. Development, Lauren Mikulak; Assistant City Manager, Marianne Schilling, Director of Parks and Recreation, Karen O’Donnell; Director of Public Works, Maria D’Andrea; Mary Hester, Sustainability Coordinator; other staff, guests and interested citizens.  APPROVAL OF MINUTES There were none. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced PROCLAMATIONS AND CEREMONIES Mayors Monarch Pledge The City of Wheat Ridge recognized the international Monarch Pledge, an effort to save these butterflies from endangered status or even extinction. Mary Hester, Sustainability Coordinator, joined the Mayor in issuing the Proclamation. 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. CONSENT AGENDA There were none tonight PUBLIC HEARINGS AND ORDINANCES ON SECOND READING There were none tonight ORDINANCES ON FIRST READING 1. Council Bill No. 17-2023 – An Ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement CM OHM introduced Council Bill 17-2023 Issue The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expired on June 30, 2023. Motion by CM Ohm to approve Council Bill 07-2023, an ordinance a reappointing presiding Municipal Judge Christopher Randall and approving a presiding Municipal Judge services agreement, on first reading, order it published, public hearing set for Monday, July 24, 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 MPT Stites , motion carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 2. Motion to amend the Phase III contract for engineering consulting services for the Improve Wadsworth project with HDR Engineering, Inc., in the amount of $148,827.86 for a total contract amount of $3,122,924.69 CM Hoppe introduced the Motion. Issue A contract was previously awarded to HDR Engineering, Inc. for design services during construction and to serve as the Engineer of Record for the Improve Wadsworth project. In December 2022, the City Council authorized an amendment to the construction contract for additional work between 35th and 41st Avenues, also referred to as Phase II construction. Design support services will be needed from HDR during the construction of this additional work. Additional funding is also required to account for design efforts associated with Phase I construction. An amendment to the Phase III contract with HDR, in the amount of $148,827.86, is being presented for consideration to include this required work. Staff Presentation Director of Public Works, Maria D’Andrea gave a brief presentation, summarizing the financial impacts and background where the costs for design support during construction of Phase II was anticipated in the overall budget. Funding for the Wadsworth project is budgeted in 2023 in the Capital Improvement Program (CIP) budget. The 2023 budget includes adequate funding for this proposed amendment. Public Comment No one came forward to speak. Council Questions and comments CM Hultin asked several detailed and technical questions, which staff addressed. CM Hultin asked about specific plans to communicate progress and upcoming changes to local businesses and residents. Motion by CM Hoppe to amend the Phase III contract for engineering consulting services for the Improve Wadsworth project with HDR Engineering, Inc., in the amount of $148,827.86 for a total contract amount of $3,122,924.69, seconded by Hultin, motion carried 8-0. 3. Resolution No. 38-2023 – a resolution amending the Fiscal Year 2023 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $95,000 for the purpose of making payments for additional expenses related to the Ward TOD multimodal projects CM Dozeman introduced Resolution 38-2023. Issue This requested action proposes amending the existing contract with the design consultant, SEH, to provide additional services for two projects in the Ward Station area. Specifically, the Ward TOD (Transit Oriented Development) Multimodal Project consists of construction of a pedestrian bridge, plazas, and trail improvements in the Ward Station area. After beginning the environmental work for this project, several additional tasks were identified by the design consultant that are beyond the scope of work previously authorized. In addition, staff wishes to re-start the 52nd Avenue pedestrian connection to finalize design in the next year. A budget supplemental is needed to provide funding for these unbudgeted expenses in the amount of $95,000. Staff Presentation Project Manager Mark Westberg presented to council the prior actions and that a supplemental budget appropriation from the Renewal Wheat Ridge Bond Fund (Fund 40) is required to increase the amount originally budgeted in 2023 for the Ward TOD Multimodal Project. The 2023 budget was adopted before the additional environmental work and miscellaneous expenses were quantified and before the 52nd Avenue Pedestrian Project was ready to restart. He gave a breakdown of the estimated costs as well as an example of a design review fee from the Juchem Ditch Association for $1,000 due to some of their underground facilities being reconstructed. He then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM had no questions or comments, having previously studied this issue. Motion by CM Dozeman to approve Resolution No. 38-2023, a resolution amending the Fiscal Year 2023 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $95,000 for the purpose of making payments for additional expenses related to the Ward TOD multimodal projects, seconded by CM Hoppe, motion carried 8-0. 4. Motion to award a contract for the Recreation Center roof replacement project to Independent Roofing Specialists, LLC., of Commerce City, Colorado, and approve subsequent payments in the amount of $926,818.00, with a contingency amount of $46,340.00, for a total not-to-exceed the amount of $973,158.00 CM Weaver introduced the Motion. Issue And The Wheat Ridge Recreation Center opened in February 2002. The existing roof, installed in 2001, is now 22 years old and is overdue for replacement. The roof consists of approximately 47,500 square feet of roof area. The existing roof will be removed and replaced with a new 80 mil TPO (thermoplastic polyolefin) roofing system through this project. In response to a Request for Proposals, eight proposals were received in June 2023. Staff evaluated the proposals based on pre-established criteria and are recommending that the city enter into a contract with Independent Roofing Specialists, LLC of Commerce City, Colorado in the amount of $926,818 plus a staff-managed contingency of $46,340 for a total not-to-exceed amount of $973,158. Staff Presentation Director of Public Works, Maria D’Andrea and Facilities Manager, Dan Beiers gave brief presentations, summarizing the financial impact where $1,100,000 was budgeted for design and construction of this project in the 2023-line item 40-102-800-805 from the Urban Renewal Authority (URA) bond funds. They noted that the Recreation Center is within the URA boundary and, therefore, is eligible for funding from Fund 40. The city put out the Request for Proposals (RFP) for this project, which was issued on April 4, 2023. Eight proposals were received on June 20, 2023. Seven proposals provided information to replace the roof, in accordance with the scope of work. The pricing ranged from $926,818 to $1,399,629. One proposal opted to replace the skylights only at a cost of $134,449. A 5% staff-managed contingency of $46,340 is recommended to account for unknown circumstances that might be encountered on the project. This 5% contingency will only be utilized, if necessary, to account for items not already identified in the scope of work. Given also was the background where the existing roof is 22 years old and is overdue for replacement. The roof will be removed and replaced with a new 80 mil TPO (thermoplastic polyolefin) roofing system through this project. The new roof will have a 30-year warranty. Public Comment No one came forward to speak. Council Questions and comments None on this item, having thoroughly reviewed it previously, Motion by CM Weaver to award a contract for the Recreation Center roof replacement project to Independent Roofing Specialists, LLC., of Commerce City, Colorado, and approve subsequent payments in the amount of $926,818.00, with a contingency amount of $46,340.00, for a total not-to-exceed the amount of $973,158.00, seconded by CM Ohm, motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff deferred until after the Special Study Session. CITY ATTORNEY’S MATTERS None tonight. ELECTED OFFICIALS’ MATTERS CM Nosler Beck thanked everyone for their love and support. She welcomed her parents, new residents in District IV. She asked for our grace and prayers as she navigates treatment for stage 3 cancer. Her prognosis long-term is excellent. In the shorter-term, she will ask for our help and prayers during her treatment. CM Hultin expressed our support for CM Nosler Beck as she undergoes treatment. CM Hutchinson announced that she is not running for re-election this November, and she hopes qualified candidates will come forward. CM Dozeman expressed her support for CM Nosler Beck and asked us all to pray for Val. CM Weaver expressed good thoughts for CM Nosler Beck. This Wednesday the goats will return to the Meadows. She explained how their presence will improve the soil. CM Hoppe expressed her support for CM Nosler Beck. MPT Stites said we miss CM Nosler Beck and recognized her service to the community for many years. We look forward to your recovery! We need you. The Meadows is very well attended every evening since the goats returned. School will start soon, so buy your school supplies in Wheat Ridge. Mayor Starker thanked CM Hutchinson for her service. He also expressed his support and gratitude to CM Nosler Beck. The Mayor and CM Ohm read books to children at a library recently. ADJOURNMENT to SPECIAL STUDY SESSION  The meeting adjourned at 7:09 pm. APPROVED BY CITY COUNCIL ON July 24, 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 Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue July 10, 2023 Immediately upon adjournment of the Regular City Council Meeting, the Mayor called this Special Study Session to order at 7:09 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. After calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Judy Hutchinson, Amanda Weaver, Scott Ohm, Janeece Hoppe, Rachel Hultin, Korey Stites, Valerie Nosler Beck, and Leah Dozeman. Also, present: City Manager Patrick Goff; City Attorney, Gerald Dahl; City Clerk, Steve Kirkpatrick (virtually); Deputy City Manager, Allison Scheck; guests and interested citizens.  Public Comment on Agenda Items – No one came forward to speak. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). Those comments appear in the minutes for tonight’s regularly scheduled City Council business meeting. No comments appeared in WR Speaks for this session. 1. Staff Report a) 2023 Jefferson County Multi-Hazard Plan annual report Issue Natural hazards in Jefferson County and the City of Wheat Ridge have historically caused significant disasters resulting in damage to property and natural resources, and in some instances, loss of life. Undertaking hazard mitigation actions in accordance with a multi-hazard mitigation plan reduces the potential for harm to people and property from future hazard occurrences. Council adopted the current Jefferson County Multi-hazard Mitigation Plan (MHP) on November 8, 2021. The Federal Disaster Mitigation Act of 2000 requires that an annual report be completed as a condition of future funding for mitigation projects under Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs. The City of Wheat Ridge has made progress on some actions and has fully participated in the annual report of the 2021 Jefferson County Multi-hazard Mitigation Plan. Staff Report City Manager, Patrick Goff and Projects Supervisor Mark Westberg gave detailed reports on how the city didn’t receive any hazard mitigation grants in the last year, so City specific information isn’t included in the annual report. However, progress has been made on some actions, so the City’s project table has been updated to reflect the current status of the listed actions. Referencing that the Community Rating System (CRS) is a voluntary incentive program managed by the National Flood Insurance Program (NFIP). The CRS program recognizes and encourages locally managed floodplain management that exceeds minimum NFIP standards and in turn provides discounted flood insurance rates to the City. Participating in the MHP, including providing an annual update to Council, helps to maintain the City’s CRS Class 5 rating and the resulting 25% discount that the City’s flood insurance policy holders receive. Only ten other communities in Colorado and 199 nationwide, out of 1,510 CRS communities, are rated at a Class 5 or above. They finished that keeping the City’s high Class 5 rating and 25% discount is critical as flood insurance rates continue to rise for many policy holders due to ongoing changes in how those rates are calculated with FEMA’s Risk Rating 2.0. The primary goal of Risk Rating 2.0 is to have the rate for each property to be such that it accurately reflects the risk for that particular property. Councilmember questions and comments: CM thanked the staff for their hard work on this issue. A lengthy and detailed discussion of topics and specific questions followed among and between staff and CM. For example, the Mayor asked the implications of our class 5 rating, and whether other cities in Colorado have better ratings. CM Hoppe asked about progress on our watershed master plan. CM opined that this report is a delight to receive. CM Hoppe noted that there are fewer than 200 communities in the US with these class 5 ratings. Several CM expressed strong support for moving forward. 2. City Clerk’s Office staffing capacity Issue The demands of the City Clerk’s Office (CCO) have evolved over the last several years due to an active constituency, business community and legislature. Additionally, recent events such as the pandemic and the cyber-attack have placed greater focus on the need for the modernization of processes. In recognition of this, City Council has requested the topic of the CCO staffing and capacity be studied to determine if altering the structure and or staffing is warranted. Staff Report City Attorney, Gerald Dahl, Deputy City Manager Alli Scheck and City Clerk Steve Kirkpatrick detailed the duties of the CCO. Also giving the structure of the CCO where of the 273 Colorado municipalities, five have an elected City Clerk and the remainder have a mix of Council appointed, City Manager hired, or City Manager hired, and Council confirmed City Clerks. The cities with elected City Clerks include the City and County of Denver, Idaho Springs, Walsenburg, Victor and Wheat Ridge Reported also how the Wheat Ridge CCO is staffed with an elected City Clerk who may serve up to two four-year terms. The Deputy City Clerk is a professional staff position that currently reports to the elected City Clerk. While the Deputy City Clerk assists with all duties of the CCO, this position applies particular focus to liquor licensing and serves as the liaison to the Liquor Authority Board. The administrative team including Executive Assistant, Assistant to Mayor and Council and Administrative Specialist assist the CCO where possible and when requested. Councilmember questions and comments: CM expressed their support to continuing to elect the City Clerk for the foreseeable future and add a professional staff member to the CCO. CM asked to whom the new staff will report, in light of the Charter provision that mandates CCO staff reports to the City Clerk. Mr. Dahl responded in detail. CM Hoppe asked for a consensus to direct staff to bring forward a proposed plan and budget item to fulfill option 3 in the memo about the CCO in tonight’s packet in 2024. Consensus attained. 3. Staff Report(s) Nothing more. 4. Elected Officials’ Report(s) CM Hultin commented on a business that recently declined to participate in Ridge Fest due to licensing requirements. Staff explained that we have potential solutions already in place. CM Dozeman reminded all that the 54th Annual Carnation Festival is in about a month. Registration for the Parade closes July 29th. She acknowledged the Local Works event calendar, which includes events like the Farmers’ Market, the upcoming Gardens Tour sponsored by the Grange, Yoga on the Green, among others. CM Dozeman encouraged other businesses and organizations to avail themselves of listing on the Local Works calendar. ADJOURNMENT The Special Study Session adjourned at 7:55 pm. APPROVED BY CITY COUNCIL ON July 24, 2023. _________________________________ Steve Kirkpatrick, City Clerk PROCLAMATION CATHERINE MARINELLI DAY AUGUST 2, 2023 WHEREAS, Catherine Marinelli serves as the Executive Director of the Metro Mayors Caucus, a regional association of 38 mayors from the seven county Denver Metro Area formed in 1993 and representing a population of more than 2.6 million people, and WHEREAS, Ms. Marinelli earned a Master of Public Administration from CU and a B.A. in Political Science cum laude from CSU, and was a recipient of a Gates Foundation Fellowship for the State and Local Government Executive Program at the John F. Kennedy School of Government at Harvard University; and WHEREAS, since 1996 Catherine has worked with the Caucus to identify and build consensus on policy necessary to implement statewide, regional, and local policy solutions; and WHEREAS, Catherine has led or coordinated many initiatives such as $300 million + in low rate mortgages and down payment assistance, Housing Stability Flex Fund, condominium construction liability reform, efforts to impact the design and passage of SB21-260 transportation finance legislation, efforts to promote the passage of Proposition-123 to provide funding for affordable and work-force housing, and Built-for-Zero efforts to eliminate veteran homelessness across the region; and WHEREAS, Ms. Marinelli will be retiring from the Metro Mayors Caucus after 28 years of faithful service on August 2, 2023, and WHEREAS, her service with the Metro Mayors Caucus has benefited the citizens of Wheat Ridge, our City Council and the Office of Mayor. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Wheat Ridge, Colorado formally designate August 2, 2023, as CATHERINE MARINELLI DAY IN WITNESS WHEREOF, on this 24th day of July 2023. ___________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: July 24, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE AND PAYMENT OF FOUR 2023 VEHICLE REPLACEMENTS AND THE PURCHASE AND PAYMENT FOR INSTALLATION OF LIGHTING AND AUXILIARY EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $256,559 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2023, 16 vehicles were identified for replacement. Staff recommends the purchase of the following vehicles under various State of Colorado Purchase Agreements: • One (1) 2024 Chevrolet Silverado 3500HD Pickup Truck with traffic control equipment • One (1) 2024 Chevrolet Silverado 2500HD Pickup Truck with long bed • Two (2) 2024 Chevrolet Silverado 2500HD Pickup Trucks with standard beds The total price of the four vehicles is $216,559. Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the new vehicles along with the installation of lighting, markings, and auxiliary snow removal equipment at a total additional cost of $40,000. Therefore, the total requested amount is $256,559. The funds for these purchases are budgeted in the 2023 Public Works Department budget for fleet replacement. Council Action Form – 2023 Vehicle Purchases July 24, 2023 Page 2 PRIOR ACTION: The Vehicle Replacement list with estimated costs, including the subject vehicles, was approved in the 2023 budget process. FINANCIAL IMPACT: A summary of the costs, by vehicle, are shown in the table below: Vehicle Vehicle Price Upfit Price Total Price One (1) 2024 Chevrolet Silverado 3500HD Pickup Truck with flatbed and traffic control equipment $72,314.00 $2,000.00 $74,314.00 One (1) 2024 Chevrolet Silverado 2500HD Pickup Truck with long bed $48,215.00 $13,000.00 $61,215.00 One (1) 2024 Chevrolet Silverado 2500HD Pickup Truck with standard bed $48,015.00 $12,500.00 $60,515.00 One (1) 2024 Chevrolet Silverado 2500HD Pickup Truck with standard bed $48,015.00 $12,500.00 $60,515.00 Total $216,559.00 $40,000.00 $256,559.00 The funds for the vehicles and upfit costs are budgeted in the 2023 Public Works Department General Fund Budget, Account Number 01-303-800-807, Fleet Replacement. BACKGROUND: The City vehicle and replacement policy, revised by the City Council in 2011, is utilized to determine replacement eligibility. This policy provides replacement guidelines that consider long- term effective service life as well as maintenance and repair costs, operating costs, excessive downtime, availability of parts, poor utilization, updated legal considerations, etc. These four vehicles could not be purchased earlier this year due to manufacturer supply constraints for heavy duty vehicles. Chevrolet has recently allowed orders for 2024 models. Therefore, staff is proceeding to recommend these purchases now. RECOMMENDATIONS: The vendor source and purchase price of the equipment is determined through the State of Colorado purchasing contracts. The city is allowed to utilize the same contract to attain the vehicles at the best price and in accordance with the city’s procurement requirements. Therefore, staff recommends purchase of the following vehicles from Daniels Long Chevrolet, of Colorado Springs, Colorado: • One (1) new model year 2024 Chevrolet Silverado 3500HD pickup truck with a stake/flatbed, liftgate and traffic control arrow board. This vehicle will replace one (1) existing, high mileage ¾ ton pickup truck (Unit 201) in the Streets Maintenance division of the Public Works Council Action Form – 2023 Vehicle Purchases July 24, 2023 Page 3 department. The estimated cost of auxiliary equipment, decals, and miscellaneous items for this unit is $2,000. • One (1) new model year 2024 Chevrolet Silverado 2500HD pickup truck with a long bed. This vehicle will replace one (1) existing, high mileage ¾ ton pickup truck (Unit 307) in the Forestry and Open Space division of the Parks and Recreation department. The estimated cost of auxiliary snow removal equipment, lighting, decals, and miscellaneous items for this unit is estimated at $13,000. • Two (2) new model year 2024, Chevrolet Silverado 2500HD pickup trucks with standard beds. These vehicles will replace two (2) existing, high mileage ¾ ton pickup trucks (Units 301 & 312) in the Parks Maintenance division of the Parks and Recreation department. All the vehicles being replaced will be disposed of by public auction. RECOMMENDED MOTION: “I move to approve the purchase and payment of four 2023 vehicle replacements and the purchase and payment for installation of lighting and auxiliary equipment in a total amount not to exceed $256,559.” Or, “I move to deny the approval of the purchase and payment of four 2023 vehicle replacements and the purchase and installation of lighting and auxiliary equipment for the following reason(s): __________________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Bill Tocco, Lead Fleet Mechanic Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Vehicle Price Specification-2024 Chevrolet Silverado 3500HD Pickup Truck 2. Vehicle Price Specification-2024 Chevrolet Silverado 2500HD Pickup Truck with long bed 3. Vehicle Price Specification-2024 Chevrolet Silverado 2500HD Pickup Truck with standard bed ATTACHMENT 1 CITY OF WHEAT RIDGE Specifications for One (1) 1-ton 4WD Pickup (Replacement for Unit 201) July 11, 2023 BASED ON 2024 STATE OF COLORADO PRICE AGREEMENT #171214 Base vehicle as bid: 2024 Chevrolet Silverado 3500HD 4WD CC: $52,300 Standard Specifications OEM Model# CK30943 Trim Level: Work Truck OEM Code: 1WT Interior/Color: Cloth/Jet Black Base Body Exterior Color/Code: Summit White Fuel Type: Unleaded Gasoline Add Factory Option(s) 9L7 Upfitter Switch kit $150.00 JL1 Trailer Brake Controller, Integrated $275.00 VYU Snow Plow Prep/ Camper Package $300.00 Holman Upfit: stake bed, liftgate, and arrow board $20,194.00 Total Price of Factory Options: $20,919.00 Delete Factory Option(s) R9L 3 years of remote access <$ -300.00> Additional Charges/Assistance Destination Charge $1,895.00 GM Government Bid Assistance <$ -2,500.00> Total Price of Vehicle with Selected Factory Options: $72,314.00 ATTACHMENT 2 CITY OF WHEAT RIDGE Specifications for one (1) Parks Maintenance – ¾-ton, Extended Cab 4x4 Pickup (Replacement for Unit 307) July 11, 2023 BASED ON 2024 STATE OF COLORADO PRICE AGREEMENT # 171214 Base vehicle as bid: 2024 Chevrolet 2500HD 4WD Ext.Cab, Long Bed: $48,100 Standard Specifications OEM Model #: CK20953 Trim Level: WT OEM Code: 1WT Exterior Color: Summit White Interior: Cloth/Jet Black Fuel Type: Gas Add Factory Options 9L7 Upfitter Switch Kit $150.00 JL1 Trailer Brake Controller, Integrated $275.00 QXT LT265/70R17 All-Terrain Tires $200.00 UD7 Rear Park Assist $295.00 VYU Snow Plow Prep/Camper Package $300.00 Total Price of Factory Option(s): $1,220.00 Delete Factory Option(s) R9L 3 years of remote access <$300.00> Additional Charges/Assistance Destination Charge $1,895 GM Government Bid Assistance <$-2,700> Total Price of Vehicle with Selected Factory Options: $48,215 ATTACHMENT 3 CITY OF WHEAT RIDGE Specifications for two (2) Parks Maintenance – ¾-ton, Extended Cab 4x4 Pickup (Replacement for Units 301 & 312) July 11, 2023 BASED ON 2024 STATE OF COLORADO PRICE AGREEMENT # 171214 Base vehicle as bid: 2024 Chevrolet 2500HD 4WD Ext.Cab, 6’ Bed: $47,900 Standard Specifications OEM Model #: CK20753 Trim Level: WT OEM Code: 1WT Exterior Color: Summit White Interior: Cloth/Jet Black Fuel Type: Gas Add Factory Options 9L7 Upfitter Switch Kit $150.00 JL1 Trailer Brake Controller, Integrated $275.00 QXT LT265/70R17 All-Terrain Tires $200.00 UD7 Rear Park Assist $295.00 VYU Snow Plow Prep/Camper Package $300.00 Total Price of Factory Option(s): $1,220.00 Delete Factory Option(s) R9L 3 years of remote access <$300.00> Additional Charges/Assistance Destination Charge $1,895 GM Government Bid Assistance <$-2,700> Total Price of Vehicle with Selected Factory Options: $48,015/ea. ITEM NO: 2 DATE: July 24, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NUMBER 17-2023 - AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (07/10/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/24/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expired on June 30, 2023. PRIOR ACTION: The Judge was reappointed in June 2021. City Council approved this ordinance on first reading on July 10, 2023. A motion was made my Councilmember Ohm and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The Judge is presently compensated at $98.97 per hour. This rate has been in effect since 2017. The Judge is requesting an increase in that rate to $102.83 per hour. BACKGROUND: The Judge has provided a memorandum (attached) requesting reappointment. Council Action Form – Municipal Judge Services Agreement July 24, 2023 Page 2 RECOMMENDATIONS: "I move to approve Council Bill 17-2023, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement, on second reading and that it takes effect immediately.” Or, "I move to postpone indefinitely Council Bill 17-2023, an ordinance reappointing presiding Municipal Judge Christopher Randall and approving a presiding municipal judge services agreement for the following reason(s) _________________________________________." REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 17-2023 2. Exhibit A - Municipal Judge Services Agreement 3. Memorandum from Judge Randall ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 17 ORDINANCE NO. 1769 Series of 2023 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective July 1, 2021, for a two-year term expiring on June 30, 2023; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his hourly rate in the Presiding Municipal Judge Services Agreement; and WHEREAS, the Council wishes to reappoint Judge Randall and approve a presiding judge services agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two years, expiring on June 30, 2025. The Presiding Judge’s compensation shall be $102.83 per hour. The terms and conditions of the Presiding Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2023, attached hereto as Exhibit A and incorporated herein by this reference. 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 upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of July 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 24, 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: July 13, 2023 Second Publication: July 27, 2023 Jeffco Transcript Effective Date: July 24, 2023 ATTACHMENT 1 Exhibit A Services Agreement [attached] WR Muni Judge Contract – Randall ATTACHMENT 2 CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2023 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and CHRISTOPHER D. RANDALL, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 – SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Responsible for preparation of annual department budget, monitoring of operational expenses and overall delivery of court services. ARTICLE 2 – QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court. ARTICLE 3 - TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on June 30, 2025. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 – COMPENSATION, PERFORMANCE The Parties agree that Presiding Judge shall be compensated at $102.83 per hour for services rendered under this Agreement, classified as a non-exempt employee. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense. WR MuniCourt/MuniJudgeContract - Randall -2- Presiding Judge shall be paid via the current City system for recording and compensating hourly employees. A. Funding. This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year. B. Performance. Pursuant to Section 8.3 of the Home Rule Charter, Presiding Judge is appointed for a two-year term. In contrast to other employees of the City, the Judge’s compensation is set by the Council by ordinance, rather than through the annual performance review process for other city employees. Also, the Presiding Judge is not an at-will employee as all other city employees are. In recognition of these distinctions, the parties agree that the Council functions as the performance review body for the Presiding Judge, exercising that authority by ordinance as required by the Charter. ARTICLE 5 – INDEMNIFICATION, INSURANCE AND BENEFITS A. Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising out of his performance of his official duties as described. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees, at a level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall be a minimum of thirty (30) hours per week. B. Benefits as outlined in the 2023 Employee Benefits Guide. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time. C. Official holidays (6 hours of holiday pay per holiday recognizing ten (10) holidays per year per the most current City Personnel Policies). D. Two (2) hours of on-call time per Personnel Policies, Section 6. E. Personal time off (PTO) leave accrued per pay period dependent upon the number of hours of work per week: a 30–hour per week employee with the Presiding Judge’s current longevity receives 6.94 hours of PTO leave per pay period: • Jury duty pay; • Family Medical and Leave Act coverage; WR MuniCourt/MuniJudgeContract - Randall -3- • As a department head, Presiding Judge receives the annual allowance for cellular telephone use. For all such insurance and benefit programs, to the extent the programs or any of their features are altered, amended, or eliminated with respect to all eligible City employees, such alteration, amendment, or elimination shall also apply to Presiding Judge in the same manner. ARTICLE 6 – CHARTER, LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 – EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ARTICLE 8 – JUDICIAL INDEPENDENCE An independent, fair and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity, will interpret, and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. Presiding Judge is expected to uphold these principles. ARTICLE 9 – JUDICIAL IMPARTIALITY Presiding Judge shall uphold and apply the law and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. Presiding Judge shall perform the duties of the judicial office, including administrative duties, without bias or prejudice. Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge. ARTICLE 10 - EX PARTE COMMUNICATION Presiding Judge shall not initiate, permit, or consider ex parte communications, or consider other communications made to the judge outside the presence of the parties or their lawyers, concerning pending or impending matters. WR MuniCourt/MuniJudgeContract - Randall -4- ARTICLE 11 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 12 – NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage, and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail. If to the City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 If to Presiding Judge: Christopher D. Randall, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721 ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the City. ARTICLE 14 – SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City. WR MuniCourt/MuniJudgeContract - Randall -5- ARTICLE 16 – AMENDMENTS The City may, from time to time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO ________________________________ By: ____________________________ Stephen Kirkpatrick, City Clerk Bud Starker, Mayor Seal APPROVED AS TO FORM: Gerald E. Dahl, City Attorney PRESIDING JUDGE Christopher D. Randall Memorandum TO: City Council and Mayor FROM: Christopher D Randall, Presiding Judge and Department Director DATE: June 21, 2023 SUBJECT: Presiding Judge and Department Director Services Agreement Renewal BACKGROUND I began as Presiding Judge and Department Director in 2002 and have been in that position for twenty-one (21) years. I am requesting renewal of the current two-year contract that expires June 30, 2023. COURT The Colorado Constitution and the Wheat Ridge City Code provide for the creation of a municipal court. Wheat Ridge Municipal Court is a court of record that handles a wide variety of mostly criminal matters. Appeals are taken to the Jefferson County District Court. Municipal court is headed by a Presiding Judge. The Presiding Judge is also the Department Director. Full-day court is in session Tuesday through Thursday and jail detainees are seen five (5) days a week, including Mondays and Fridays. There are approximately 200 court-sessions per year. I also work at times on non-court days for trial preparation, legal research, and administrative business. QUALIFICATIONS I have been licensed as an attorney in Colorado since 1987. I became an administrative law judge in 1991 and began judging in municipal courts in 1992. Wheat Ridge City Council appointed me as the Presiding Judge and Department Director in 2002. I have lived in the area, including Wheat Ridge, since 1978. PHILOSOPHY Municipal judges are obligated to follow the Constitutions of the United States and Colorado, State (Colorado) law, and the laws and ordinances of the City. Court rules, established by the Colorado Supreme Court, require that municipal court provide for the just ATTACHMENT 3 determination of ordinance violations. The court protects constitutional and statutory rights and liberties and assures equal access to the court. Municipal court provides fair, timely, and constructive resolution of cases. The court enhances public safety, supervises offenders, and facilitates victim and community reparation. The court considers each case separately, and provides thorough, practical, and professional case management. The judiciary is independent of and acts as a check and balance on the executive and legislative branches of government. A healthy and responsible government maintains an independent judiciary. SENTENCING The city code provides for a general penalty of up to three-hundred and sixty-four (364) days of incarceration in the county facility or up to a two-thousand six-hundred and fifty dollar ($2,650.00) fine or both. A sentence of this severity rarely occurs however. Restitution for pecuniary loss to victims is required pursuant to city ordinance and state statute. (Unfortunately, due to prohibitive state legislation restitution often goes unpaid.) Probation is a possibility for those needing resources and supervision. The purposes of sentencing are as follows: to assure fair and consistent treatment, deter crime, promote respect for the law, promote rehabilitation, address the offender’s individual characteristics, reduce the potential that the offender will reoffend, promote responsibility and accountability, provide restoration and healing for victims and the community, and address the offender’s individual risks and needs. Judges use reason and common sense in sentencing. Each sentence is tailored for that person’s background and circumstances. DEPARTMENT DIRECTOR The Presiding Judge in Wheat Ridge is also the Department Director. This substantially expands the Presiding Judge’s duties. The Department Director responsibilities require not only presiding on the bench three to five days a week, but in addition administrative, operational, personnel, budget, security, legal, legislative, courtroom construction, and purchasing decisions. This adds to the complexity, responsibility, and workload for a Presiding Judge. As the Department Director, I also participate in various professional associations and committees regarding legal education, the law, the legal system, the administration of justice, and court improvement. WHEAT RIDGE MUNICIPAL COURT Wheat Ridge is a somewhat unique city from a municipal court perspective. It is surrounded by major cities and has busy thoroughfares traversing through it. This leads to a robust traffic docket and the entry of a diverse population from around the country. However, our client base for the most part is the people who live in the Denver metropolitan area. Due to the amount of retail business in Wheat Ridge, there are a significant number of theft violations. Certain locations in the City attract a diverse and challenging populace. This group often engages in various types of misbehavior and repeat mischief. Many persons have mental health and/or substance abuse issues. Persons experiencing homelessness are common and garner cases. The Court sees in-custody persons (jail detainees) around five times a week. There is a strong Court Marshal Unit for court security and prisoner transport. There is an active and challenging juvenile docket. Wheat Ridge court handles in addition to “ordinary” criminal cases animal, zoning, code, licensing, sales tax, street racing, and property nuisance violations. The adult criminal docket is significant and features individuals with lengthy and/or violent criminal histories. CHALLENGES FOR MUNICIPAL COURT LOCAL CONTROL State legislation over the last few years has diminished local control. It has impacted the ability to collect fines and restitution. Jail policy and legislation has made it difficult to detain in or sentence to detention. Courts are now mandated to release most persons on personal recognizance bonds, regardless of their violence level, community or victim safety, number of cases or charges, criminal history, or their number of failures to appear in court. State legislation has made it difficult to address local needs and concerns. HOMELESSNESS Homelessness has placed burdens on police calls for service, emergency rooms, detoxification facilities, treatment facilities, businesses, courts, parks, and trails. Due to the inability to detain and address cases, person experiencing homelessness engage in repeat failures to appear, repeat behavior, and accumulate numerous cases. Wheat Ridge now has both a Homeless Navigator and a Housing Navigator dedicated to the issues and problems of homeless persons. Sentencing focuses on reducing repeat behavior and homelessness. SUBSTANCE ABUSE Substance use is a prominent and daily factor when arraigning, sentencing, and supervising offenders. Many persons abusing substances use substances to self-medicate or engage in criminal activity while under the influence. Sentences usually require evaluation and treatment. Many however resist treatment and further harm themselves and society. Many persons experiencing homelessness have current substance-related charges, or a background of drug paraphernalia and substance use convictions. INABILITY TO COLLECT RESTITUTION Legislation no longer permits the issuance of warrants for the arrest of persons who fail to pay restitution for the loss and harm they have done to others. Victim’s bills for property damage, medical treatment, and veterinarian care go unreimbursed. In the end, victims suffer twice. With the help of the Court Marshal Unit, the Court has a program that initiates contempt of court proceedings to address nonpayers. Lakewood, Arvada, and Wheat Ridge judges are working with the Chief Judge in the 1st Judicial District to reduce restitution orders to civil judgments. This permits victims to pursue collections in district court. JAIL BED LIMITATION The Jefferson County Jail has limited the number of beds available to local municipalities. This can impact sentencing. The jail has until recently limited the types of charges that the jail will accept for booking. This leads to a cycle of charge, missed court date, new charge, missed court date, and so on. One offender had 27 cases before the jail would accept him; another had 14 failures to appear for court. Some criminal histories are 60-70 pages long and cover several states. These are typically not hard-luck individuals, but are multi-state offenders with felonies, violent crimes, sex assaults, child abuse, and weapons violations. MANDATORY PERSONAL RECOGNIZANCE BONDS A personal recognizance bond is one that does not require cash or a surety to obtain a release from jail. It is basically a person’s promise to appear. Legislation now requires personal recognizance bonds for many municipal charges. This has led to a cycle of missed court appearances and case deadlock. Case management is impossible, and cases do not come to resolution. ACCOMPLISHMENTS CITY, COMMUNITY, AND PROFESSION-ORIENTED ACHIEVEMENTS • Speaker/facilitator for the Colorado Municipal Judges Association conferences • Weekly COVID meetings (during Covid) • Weekly Executive Management Team (EMT) meetings • Quarterly municipal judges’ meetings (Arvada, Lakewood, Wheat Ridge) • Support ACTION core values • Present candidate/winner at annual ACTION awards • Attend Wheat Ridge and community functions, events, and festivals • Attend Lakewood functions and events • Attend annual City Council legislative dinner • Attend City Council Retreat • Wellness Program and classes at the WR Recreation Center • Attend city sponsored supervisor and employee trainings • Attend ERP vendor presentations and rankings • Recommend improvements to NeoGov • Supervise and assist front lobby desk and court marshals • Monthly H.R. Business Partner meetings • Quarterly meetings with IT Manager • Cook at annual employee breakfast • Provide court representation on boards and committees • Volunteer for elementary school program • Past President of the Colorado Municipal Judges Association • Colorado Municipal Judges Association Legislative Liaison member • Cyber Incident Response seminar COURT-ORIENTED ACHIEVEMENTS  Current senior municipal and Presiding Judge in Colorado  Increased use of audio-video connection for persons in custody  Remain open and function during Cyber incident  Plan for next Cyber event  Short staffed; operate without Deputy Court Administrator (this position just filled) and Judicial Assistant  Continue work at home schedules  Create goals and objectives for annual evaluations  Continue Performance Management Program  Meet with Court Administrator regarding mid-year and annual evaluations for staff  Write or edit annual evaluations  Work with Colorado Municipal League on municipal issues  Covid-free workplace; no court staff contracted Covid through a work contact  Covid seating arrangement for customers; limit number of persons in court room  Construct two Covid compliant meeting rooms  Personal protective equipment for court staff and customers  Inform and educate state legislators regarding proposed legislation that impacts court  Assist Court Administrator with budget  Hear cases involving persons in custody within state mandated timelines  Participate in state program to evaluate court appointed counsel  Set aside Mondays and Fridays to appear in court to address prisoners via audio/video  Appoint attorneys for persons in custody on fast-track basis  Develop process to collect fines and restitution considering problematic legislation  Develop process to hold non-payers accountable for willful failure to pay restitution to injured victims  Expand the “walk-in” warrant clearing court to three days a week  Issue collections letter prior to taking court action for non-payers  Expand and improve alternatives in sentencing including the payment plan process  Contract for web database to locate non-appearing defendants  Contract for web database to determine accuracy of applications for services or counsel  Maintain legal library  Systematic legal research  Active judicial listserv participant  Use special populations fund to help pay for evaluations or sentencing conditions for indigent persons  Coach and mentor staff  Review motions and issue written orders  Resolve old cases particularly those involving Department of Corrections inmates  Improve court security with weekly meetings with Court Marshal Unit  Improve and add flexibility to bail bond process, increased use of personal recognizance and low cash bonds  Monitor defendant’s appearance rates with various types of bonds  Determine bail bonds using risk factors  Develop new court forms to improve accuracy and efficiency or to comply with new legislation  Individualize sentencing, especially for the low-functioning, transient, homeless, mentally ill, veteran, and substance abusing populations.  Attend legal and judicial seminars  Create in-house diversion program that permits diversion from court for first time juvenile alcohol, drug paraphernalia, and marijuana possession  Streamline program for sealing and expungement of juvenile and adult criminal records  Respond to requests for criminal justice records  Work with police department on court/police issues  Meet with county sheriff to discuss jail population  Meet with municipal court lobbyist  Moderate and attend monthly court staff meetings  Distribute and discuss WRPD Employee Safety bulletins  Organize team building events  Address protestors, auditors, sovereign citizens, and agitators  Continue program for a guilty pleas by mail  Revise jury instructions  Provide RTD bus passes for eligible indigent individuals  Continue court-date telephone reminder program  Appoint court staff to city committees  Research use of Webex to connect to county jails and sheriff’s offices Note: I did not accomplish these things alone. These accomplishments would not have been possible without the assistance of the court administrator, court staff, IT, or city staff. PRIORITIES  Operate court and provide service regardless of (Covid) restrictions or (Cyber) incidents  Hire staff  Recognize and retain good employees  Provide access to justice  Foster a community court  Install or replace courtroom seating, bar (rail), paint, and carpet  Replace outdated or poorly operating courtroom entry security equipment  Harden court marshal area in city hall lobby  Remodel judicial staff offices  Aggressive restitution collection for victims of crime  Investigate collection agencies  Continue ERP process; view other court’s software  Comply with new legislation; prepare for proposed legislation.  Suggest amendments to proposed legislation  Investigate new resources and services for probationers  Work with Navigators  Address homeless population, licensing violations, and property abatements  Operate special court session for persons experiencing homelessness  Train staff and seek outside training opportunities  Work with city departments  Thoughtfully address local matters  Facilitate victim and community reparations  Update/revise outdated sections of city code  To extent permissible by law and budget adopt the recommendations of the DEI task force PROFESSIONAL MEMBERSHIPS Colorado Supreme Court (1987-2023) Colorado Municipal Judges Association (1992-2023) Municipal Judges of Jefferson County (2016-2023) Legislative Liaison Committee (2021-2022) First Judicial District Bar Association (2001-2018; 2020-2023) Colorado Bar Association (2001-2018; 2020-2023) PROFESSIONAL BOARD MEMBERSHIPS Board of Governors for the First Judicial District Bar Association (2014-2015) Board of Directors and President of the Colorado Municipal Judges Association (2009-2015) INTERNAL RECOGNITION I have given and received several City “Give-A-Wow” awards. These recognize employees for contributions to the ACTION core values of accountability, change, teamwork, integrity, opportunity, and now! These are available for review. CUSTOMER COMMENTS The court makes available to the public court evaluation forms. The court has received several positive comments, and these are available for review. EMPLOYEE CLASSIFICATION I am currently classified for benefits purposes as a thirty-hour (30) per week employee. SERVICES AGREEMENT AMENDMENTS I request three service agreement amendments: update the services agreement to include the most recent version (2023) of the employee benefits plan (found in Section 5 of the City’s 2023 Personnel Policy), a 3.9% increase in salary, and two hours of on-call time if assigned to detainee hearings on non-court days (Mondays and Fridays). 1. My current services agreement provides for the benefits, leave, and programs found in an older version of the personnel policy. This amendment would update the agreement to include those benefits found in Section 5 of the 2023 policy. 2. Our current personnel policy awards two hours of on-call time for persons who set aside a non-regularly assigned workday for city duty. (See Personnel Policy Section 6.) (Note: We currently pay our Relief Judges for on-call time.) When assigned to a non-regular session court day such as a Monday or a Friday, then the on-call policy and standard hourly pay would apply. 3. I am the senior municipal judge in Colorado. My current hourly rate is $98.97. I have not requested an increase in four (4) years. In canvassing part-time judges with less experience and no presiding judge responsibility, their conservative hourly rate ranges from $125.00 to $187.00 an hour. (e.g., Superior, Louisville, Morrison, Estes Park, Mead, and Johnstown.) The average percentage increase in wages for 2022 for court staff was 3.9%. Therefore, I am requesting a 3.9% increase. This would increase the hourly rate from $98.97 to $102.83. CONCLUSION I request reappointment and would be honored to continue to sit as the Presiding Judge and act as the Department Director for the Wheat Ridge Municipal Court. /s/ Christopher D Randall CHRISTOPHER D RANDALL June 21, 2023 ITEM NO: 3 DATE: July 24, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NUMBER 18-2023 - AN ORDINANCE APPROVING THE SALE OF CERTAIN PROPERTY OWNED BY THE CITY LOCATED AT 7575 W. 44TH AVENUE PUBLIC HEARING ORDINANCES FOR 1ST READING (07/24/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/14/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The City purchased the Bank of the West property located at 7575 W. 44th Avenue in January 2021 for right-of-way required for the Improve Wadsworth project. After the necessary right-of-way was dedicated for the Wadsworth project, a remnant parcel of 15,435 square feet and a structure remains. Foothills Regional Housing (FRH) has made a request to the City to contribute this parcel for inclusion into The Ives affordable housing development project. PRIOR ACTION: This request was reviewed with City Council at the June 22, 2023 study session and consensus was provided to bring forward an ordinance to contribute the former Bank of the West property to FRH for The Ives affordable housing development project. FINANCIAL IMPACT: Property appraisals were conducted by the City and the Bank of the West in March 2020 and June 2020, respectively. The just compensation for the parcel was valued at between $1.7 million and $2.3 million. The City’s consultant negotiated a final price of $1,738,000 for the parcel plus an additional settlement amount of $242,000 as an incentive to sell for a total cost of $1,980,000. Council Action Form – Sale of 7575 W. 44th Ave. July 24, 2023 Page 2 The purchase price for the property to be paid by FRH is $10. In addition, FRH will pay all costs associated with the closing. BACKGROUND: In April 2015, the City was awarded funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. A professional services contract for right-of-way acquisition was approved by City Council in December 2018 to negotiate with and purchase from property owners, along this segment of Wadsworth Boulevard, the necessary rights-of-way to complete this project. Right-of-way from the Bank of the West property located at 7575 W. 44th Avenue was required for construction of improvements along Wadsworth Boulevard. The amount of right-of-way required for those improvements impacted the business operations of the Bank of the West to such an extent, the City was required to purchase the entire parcel. FRH is currently working through pre-development activities to produce new affordable housing at the NW corner of 44th Avenue and Wadsworth Boulevard. FRH already owns three parcels at the site, and the zoning is in place as use-by-right to allow affordable housing. This site, what FRH is calling The Ives, is a master-planned assemblage of various parcels and is anticipated to be developed in four phases. FRH recently closed financing and broke ground on 50 affordable units at one of these sites and intends to pursue a future phase of development by submitting a Low-Income Housing Tax Credit (LIHTC) application on August 1, 2023. All units in Phase 1 and Phase 2 will house households earning up to 80% of Area Median Income, which equates to a salary of $69,520 for one person in Jefferson County. FRH is asking for the City Council to consider contributing the remaining Bank of the West parcel for Phase 2 of The Ives project which will produce another 97 affordable units. In exchange, the City’s homeless and housing navigation program will be able to make direct referrals to FRH for residents they work with for housing in these subsidized units. RECOMMENDATIONS: "I move to approve Council Bill No. 18-2023, an ordinance approving the sale of certain property owned by the city located at 7575 W. 44th Avenue, on first reading, order it published, public hearing set for Monday, August 14, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect immediately upon adoption.” Or, "I move to postpone indefinitely Council Bill No. 18-2023, an ordinance approving the sale of certain property owned by the city located at 7575 W. 44th Avenue for the following reason(s) _________________________________________." Council Action Form – Sale of 7575 W. 44th Ave. July 24, 2023 Page 3 REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 18-2023 2. Exhibit A – Description of Property 3. Exhibit B – Purchase and Sale Agreement 4. Letter from FRH, dated June 22, 2023 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. 18 Ordinance No. 1770 Series 2023 TITLE: AN ORDINANCE APROVING THE SALE OF CERTAIN PROPERTY OWNED BY THE CITY LOCATED AT 7575 W. 44TH AVENUE 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, The City is the owner of real property located at 7575 W. 44th Avenue, Wheat Ridge, Colorado 80033, formerly known as the Bank of the West property, as further described in Exhibit A (the “Property”). WHEREAS, the City is authorized by Section 16.5 of the Charter to sell or convey City-owned property by ordinance; and WHEREAS, the Property is not designated park land and is not needed for any City purpose; and WHEREAS, the City now wishes to sell the Property to Foothills Regional Housing as described in the Purchase and Sale Agreement attached as Exhibit B. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale Agreement. The Council hereby approves the Purchase and Sale Agreement and authorizes and directs the Mayor and the City Clerk to execute the same, as well as the required deed conveying the property. The Council further authorizes the City Manager to execute such additional instruments as necessary to complete the sale transaction approved hereby. Section 2. Effective Date. As authorized by Charter Section 5.11, this Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 24th day of July, 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 ____________________, 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 _____ 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 EXHIBIT A Description of Property at 7575 W. 44th Avenue Wheat Ridge, CO 80033 [attached] EXHIBIT B Purchase and Sale Agreement [attached] 1 AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is made and entered into as of the ___ day of ___________ 2023, by and between the JEFFERSON COUNTY HOUSING AUTHORITY d/b/a FOOTHILLS REGIONAL HOUSING ("Buyer"), and the CITY OF WHEAT RIDGE, a Colorado municipal corporation ("Seller"). RECITALS This Agreement is made with respect to the following facts: A. Seller is the owner of the real property and all appurtenances and improvements thereon located in the County of Jefferson, State of Colorado located at 7575 W. 44th Avenue, Wheat Ridge, Colorado, more particularly described as follows: See Exhibit 1 attached (the "Property"). B. Buyer is offering to purchase the Property from Seller upon the terms and conditions set forth herein. AGREEMENT In consideration of the promises and agreements of the parties contained herein, the sufficiency of which is hereby acknowledged by each of the parties hereto, Seller and Buyer do hereby promise and agree as follows: 1. Sale and Purchase. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Purchase Price; Additional Consideration. The purchase price for the Property (the "Purchase Price") to be paid by Buyer to Seller shall be $10.00. The Purchase Price shall be adjusted for net of all credits and prorations provided for herein and shall be paid by Buyer to Seller at the Closing in cash or by certified check, cashier's check, wire transfer, or other immediately available funds acceptable to Seller. As additional consideration for conveyance of the Property, and to the extent permitted under applicable Federal and State Law, the Buyer agrees to give the Seller a preference in the Seller’s waitlist for housing vouchers in the project Buyer intends to operate on the Property. This preference shall be memorialized in an exchange of correspondence between Buyer and Seller on or before closing. The Seller agrees that the preference provided for in this Section 2 shall in no way be applied or administered in a manner that violates Internal Revenue Code Section 42, and any other applicable Federal and State Laws. 3. Title and Survey. a. Permitted Exceptions. Title to the Property shall be free and clear of all liens and encumbrances, subject only to the permitted exceptions which Buyer accepts pursuant to Section 3(d) ("Permitted Exceptions"). At the Closing, Seller shall execute and deliver the standard form mechanic's lien affidavit used by and acceptable to Continental Divide Title Company (the "Title Company") to provide for the deletion of the standard printed exception from the Owner's Policy for liens arising against the Property for work or materials ordered or contracted for by Seller prior to the Closing, and Seller shall provide ATTACHMENT 3 EXHIBIT B 2 for the deletion of the other standard printed exceptions from the Owner's Policy. If a mineral reservation exists, the Buyer may request the Title Company to provide Endorsement 100.31 or a similar endorsement selected by Buyer with respect thereto, at Buyer's expense. From and after the date hereof, Seller shall not sell, convey, option, mortgage, deed in trust, encumber, lease, or contract to do any of the foregoing with respect to the Property. Promptly after the Closing, Seller shall, at Buyer’s expense, cause the Title Company to issue to Buyer an ALTA owner's title insurance policy insuring title to the Property in Buyer in the amount of the Purchase Price, subject only to the Permitted Exceptions. b. Title Commitment. Within fifteen (15) business days hereof, Seller shall furnish Buyer with a copy of the Title Company's Commitment covering the Property (the "Commitment"), committing to insure title to the Property in Buyer in the amount of the Purchase Price, subject to the requirements and exceptions set forth therein. The Seller shall cause the Title Company to deliver to Buyer legible copies of all recorded instruments referred to in the Commitment (the "Title Documents"). Seller shall, within fifteen (15) days after the date hereof, furnish to Buyer, at Buyer’s expense, a tax certificate from the Treasurer of Jefferson County confirming the payment of real estate taxes on the Property for all years prior to 2023. c. Survey. Within fifteen (15) business days of the date hereof, Seller shall furnish to Buyer five (5) copies of an Improvement Survey Plat ("Survey") of the Property prepared by a surveyor registered in the State of Colorado to be dated not more than thirty (30) days prior to the date of this Agreement, certified to Buyer, Seller, and Title Company as of a recent date. Buyer may at its discretion, waive the requirement of survey. The cost of such Survey, if required, shall be paid by the Buyer. d. Title Defects. Within ten (10) business days after Buyer's receipt of the Commitment, the Title Documents, and Survey, Buyer shall give Seller notice of all title defects shown in the Commitment, Survey and/or Additional Materials, as defined in item 4 below, which are not consented to by Buyer as Permitted Exceptions. Any and all exceptions affecting all or any portion of the Property disclosed by the Commitment (as exceptions, requirements, or otherwise), Survey or Additional Materials which are not the subject of a notice from Buyer to Seller given within the applicable period of time, shall be deemed accepted by Buyer as Permitted Exceptions. In the event Buyer notifies Seller of any title defects shown by the Commitment, Survey and/or Additional Materials which are not consented to and have not been consented to by Buyer as Permitted Exceptions, Seller within ten (10) business days after receipt of Buyer's title objection notice shall advise Buyer what, if anything, it intends to do with respect to each title matter to which Buyer objects. For purposes hereof, a title defect or exception shall be deemed cured if to the reasonable satisfaction of the Buyer (i) the Title Company deletes the defect from the Commitment or (ii) the Title Company undertakes in writing to add a provision to the Owner's Policy obligating the Title Company, within the limits of such Owner's Policy, to protect Buyer against all loss or damage incurred on account of such defect or exception. Prior to or at the Closing, Seller shall discharge any and all monetary liens and monetary encumbrances on the Property, except for the Permitted Exceptions. Such liens and encumbrances, if any, may be satisfied from the proceeds of the sale of the Property. If each of the defects objected to by Buyer has not been cured on or before the last day of the 3 Inspection Period (as hereinafter defined), Buyer may, by written notice to Seller at any time, either (i) terminate this Agreement or (ii) waive such defects and accept the same as Permitted Exceptions. In the event Buyer does not notify Seller of its decision to terminate or waive on or before the last day of the Inspection Period, Buyer shall be deemed to have waived its objection to such defects and to have accepted such defects as Permitted Exceptions. In the event of a termination of this Agreement by Buyer pursuant to this Section 3(d), both parties shall thereupon be relieved of all further obligations hereunder. 4. Additional Materials. Within ten (10) business days after the date hereof, Seller shall furnish Buyer with copies of all documents and other information concerning the Property which Seller has in its possession, if any (the "Additional Materials"). If for any reason Buyer shall not purchase the Property, Buyer shall promptly return such Additional Materials to Seller. 5. Inspection. Buyer shall have thirty (30) days from the date of this Agreement (the "Inspection Period"), to inspect and evaluate the Property to determine whether the Property is materially contaminated by any Hazardous Materials (as defined below). If any Hazardous Materials are found on the Property which materially and adversely affect the Buyer's intended use of the Property or expose the Buyer to liability to third parties for damages or environmental remediation costs, Buyer may terminate this Agreement by written notice (the "Notice of Termination") to Seller given on or before the last day of the Inspection Period. If Buyer delivers to Seller its Notice of Termination prior to the expiration of the Inspection Period, this Agreement shall be deemed to have been terminated by Buyer. In the event of such termination both parties shall thereupon be relieved of all further rights and obligations hereunder. 6. Property Sold "As Is". Buyer is relying upon its own inspection of the Property to evaluate the condition of the Property and the suitability of the Property for Buyer's intended use. Buyer acknowledges and agrees that it is purchasing the Property in its as-is, where-is condition, without warranty of any kind, whether express or implied, except as expressly set forth in this agreement or in the deed conveying the property to buyer. Buyer hereby acknowledges that it is familiar with the Property and has determined that it is suitable for its intended purposes and that the opportunity to inspect the Property provided herein is sufficient for Buyer to obtain whatever information regarding the environmental condition of the Property that Buyer may deem necessary. Nothing contained in this Section 5 shall alter or restrict the warranties of Seller contained in this Agreement or the warranties of title contained in the Deed to be delivered by Seller to Buyer at the Closing. 7. Access; Mechanics' Liens. Buyer, its agents, employees, contractors, or subcontractors may, at all times after the date hereof, at no charge to Buyer, and until the earlier of the Closing or the termination of this Agreement, have the right of access to the Property to test, inspect, and evaluate the Property as Buyer deems appropriate. Buyer shall promptly restore any alterations made to the Property by Buyer, or at Buyer's instance or request, and Buyer shall pay for all work performed on the Property by Buyer, or at Buyer's instance or request, as such payments come due. Any and all liens on any portion of the Property resulting from the actions or requests or otherwise at the instance of Buyer shall be removed by Buyer at its expense within fifteen (15) days after notice thereof is given to Buyer. Buyer shall, at Buyer's expense, defend, indemnify, and hold harmless Seller from and against any and all obligations, claims, loss, and damage, including costs and attorneys' fees, resulting from or related to Buyer's access to the Property. 4 8. Seller's Representations. Seller hereby represents to Buyer as of the date of this Agreement and as of the Closing as follows: a. No Violations. To the best of Seller's knowledge, the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state, or local laws, ordinances or regulations, including the subdivision regulations of the City of Wheat Ridge, Colorado. b. Non-Foreign Person. Seller is not a "foreign person" as that term is defined in the federal Foreign Investment in Real Property Tax Act of 1986, the 1984 Tax Reform Act, as amended, and Section 1455 of the Internal Revenue Code, and applicable regulations and, at Closing, will deliver to Buyer a certificate standing that Seller is not a "foreign person" as defined in said laws in a form complying with the federal tax law. c. Fee Title. Seller owns good and marketable fee simple title to the Property and has the authority to enter into and execute this Agreement. Except as disclosed in the Permitted Exceptions, the Property is not subject to any leasehold or other possessory interests of any person or entity except Seller. d. Hazardous Materials. To the best of Seller's actual knowledge, without any special investigation, since Seller acquired the Property, Seller has not caused or contributed to: (i) any toxic or Hazardous Materials being present on, over, under, or around the Property, (ii) any present or past generation, recycling, use, reuse, sale, storage, handling, transport, and/or disposal of any toxic or Hazardous Materials on, over, under, or around the Property, (iii) any failure to comply with any applicable local, state, or federal environmental laws, (iv) any spills, releases, discharges, or disposal of toxic or Hazardous Material that have occurred or are presently occurring on or onto the Property or any adjacent properties, or (v) any spills or disposal of toxic or Hazardous Materials that have occurred or are presently occurring off the Property as a result of any construction or operation and use of the Property. The term "Hazardous Materials" includes, but is not limited to, substances defined as Hazardous Substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Hazardous Materials Transportation Act, as amended, the Toxic Substances Control Act, or any other law, statute, rule, or regulation pertaining to the protection of the environment or the health and safety of persons or property. e. Materiality of Representations. Each of the representations made by Seller in this Agreement, or in any document or instrument delivered pursuant hereto shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as and at the date of the Closing and shall then be true and correct in all material respects. The material truth and accuracy of each of the representations and the material performance of all covenants of Seller contained in this Agreement are conditions precedent to the Closing. 9. Closing. The closing of the sale of the Property from Seller to Buyer (the "Closing") shall take place at 10:00 a.m. in the offices of the Title Company on such date that is 5 45 days from the date of full and complete execution of this Agreement, unless a later date is agreed to by the Seller and Buyer, by both Seller and Buyer. At the Closing: a. Buyer shall pay to Seller the Closing Payment in cash or by certified check, cashier's check, wire transfer, or other immediately available funds acceptable to Seller. b. General real property taxes and assessments for the year in which the Closing occurs shall be apportioned between the parties based upon the most recent levy and assessment, but such apportionment shall, if necessary, be subject to readjustment between the parties upon final billing therefor. Buyer shall receive a credit at Closing for Seller's share of such taxes. Seller shall be responsible for payment of the real property taxes and assessments due for the period prior to Closing and the Title Company shall remit payment of all such taxes to the Jefferson County Treasurer just as soon as is practical after the Closing. Buyer shall request the cancellation of all applicable property taxes and assessments as required under Colorado law at the earliest possible date. c. Seller shall convey fee simple title to the Property to Buyer by general warranty deed, free and clear of any and all taxes, assessments, liens, encumbrances, and other matters which would affect title, subject only to the Permitted Exceptions (the "Deed"). d. Seller shall, at Buyer’s expense, cause the Title Company to deliver to Buyer an unconditional written commitment to issue to Buyer its ALTA owner's policy (the "Owner's Policy") insuring title to the Property in Buyer in the amount of the Purchase Price subject only to the Permitted Exceptions. e. At Closing, the parties agree that Buyer shall be vested with title to the Property. The parties further agree that Seller will lease the Property back to Buyer upon Closing, for a period to expire on June 31, 2024 or earlier, at Seller’s discretion. The parties agree such lease shall be for no rent or lease charge, provided however that Seller shall pay all utility charges, and will continue to list the Property on its policies of insurance, during the leasehold term. Seller shall deliver exclusive possession of the Property to Buyer at the conclusion of the leasehold term. f. The parties shall each do or cause to be done such other matters and things as shall be reasonably necessary to close the transaction contemplated herein. Buyer shall pay any charges imposed by the Title Company to prepare the closing documents and provide similar closing services. Buyer shall pay the premium charged by the Title Company for the Owner's Policy and all recording, documentary, and similar fees incurred in connection with the Closing, except for recording and other similar fees required for Seller to remove any Title Defects it has agreed to remove, which cost will be paid by Seller. Buyer shall pay any other customary closing costs and charges; provided, however, that obligations attaching to the Property itself while in Seller’s ownership or leasehold, including without limitation taxes, assessments and utility charges, shall be paid by Seller. 6 10. Brokerage Commissions. Buyer and Seller each hereby warrant and represent to the other that neither has dealt with any broker in connection with the transaction contemplated herein. 11. Assignment. This Agreement shall be binding and effective on and inure to the benefit of the successors and assigns of the parties hereto. Any assignment hereof, except where the assignment is to an affiliate of Buyer, shall be in writing and shall require the prior written consent of Seller. 12. Attorneys' Fees. In the event that a lawsuit is brought to enforce or interpret all or any portion of this Agreement, the prevailing party in such suit shall be entitled to recover, in addition to any other relief available to such party, reasonable costs and expenses, including, without limitation, reasonable attorneys' fees, incurred in connection with such suit. 13. Remedies. (a) In the event of any breach or default under this Agreement by Buyer prior to Closing, Seller shall, as Seller's only remedy, be entitled to terminate this Agreement. (b) In the event of any breach or default by Seller at or prior to Closing, Buyer may elect to treat this Agreement as terminated, or Buyer may elect to treat this Agreement as being in full force and effect and may seek specific performance from a court of competent jurisdiction. 14. Voluntary Acquisition. Seller acknowledges that the transaction contemplated by this Agreement is a voluntary and arm’s length sale of the Property and that Seller has entered into this Agreement with the full knowledge that Seller would not be eligible to receive any relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) under 49 CFR Part 24 or other HUD relocation programs as the result of this voluntary acquisition. 15. Notices. All notices provided for herein shall be in writing and shall be deemed given to a party when a copy thereof, addressed to such party as provided herein, is actually delivered, by personal delivery, by commercial courier or by successful facsimile transmission, at the address of such party as provided below. If to Seller: Patrick Goff City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Email: pgoff@ci.wheatridge.co.us With a copy to: Gerald E Dahl, Esq. Murray Dahl Beery Renaud LLP 710 Kipling Street, Suite 300 Lakewood, CO 80215 7 If to Buyer: Amy Case Chief Executive Officer and Executive Director Jefferson County Housing Authority d/b/a Foothills Regional Housing 11941 West 48th Ave. Wheat Ridge, Colorado 80033 Email: ACase@foothillsrh.org With a copy to: Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402 Attn: Jason C. Harby, LL.M. Email : jharby@winthrop.com 16. Governing Law. The validity and effect of this Agreement shall be determined in accordance with the laws of the State of Colorado. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson County, Colorado. 17. Condemnation. In the event that any portion of the Property shall be taken in condemnation or under the right of eminent domain after the date of mutual execution hereof and before the Closing, Seller or Buyer may declare this Agreement to be null and void and all parties shall be released from any further obligations hereunder, except as expressly provided in this Agreement, or the parties may agree that the description of the Property will be modified to exclude the portion of the Property so condemned and the Purchase Price shall be reduced in proportion to the percentage of the land area of the Property condemned. Seller shall be entitled to retain all proceeds of such condemnation action and to assert all of the rights of the respondent in such condemnation proceeding, whether occurring before or after the Closing. 18. Partial Invalidity. In the event that any condition or covenant herein contained is held to be invalid or void by any court of competent jurisdiction prior to Closing, this Agreement shall be deemed void, and both parties shall be relieved of any further rights and obligations hereunder. 19. Computation of Time. If any event or performance hereunder is scheduled or required to occur on a date which is on Saturday, Sunday, or legal state or federal holiday in Denver or Lafayette, Colorado, the event or performance shall be required to occur on the next day which is not a Saturday, Sunday, or legal state or federal holiday in Denver or Wheat Ridge, Colorado. 20. Time. Time is of the essence with respect to each provision requiring performance within a stated period of time. 21. Counterparts; Execution. This Agreement may be executed in counterparts and, when counterparts of this Agreement have been executed and delivered by both of the parties hereto, this Agreement shall be fully binding and effective, just as if both of the parties hereto had executed and delivered a single counterpart hereof. Without limiting the manner in which execution of this Agreement may otherwise be effected hereunder, execution by either party may 8 be effected by facsimile transmission of a signature page hereof executed by such party. If either party effects execution in such manner, such party shall also promptly deliver to the other party the counterpart physically signed by such party, but the failure of such party to do so shall not invalidate the execution hereof effected by facsimile transmission. 22. Entire Agreement. This Agreement contains the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior commitments, understandings, warranties, and negotiations, all of which are by the execution hereof rendered null and void. No amendment or modification of this Agreement shall be made or deemed to have been made unless in writing, executed by the party or parties to be bound thereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below intending that it be valid and effective from and after the date first written above. BUYER: JEFFERSON COUNTY HOUSING AUTHORITY, d/b/a Foothills Regional Housing, a Colorado public body corporate By: _________________________________ Lori Rosendahl Chief Executive Officer and Executive Director SELLER: City of Wheat Ridge, Colorado By: ____________________________________ Bud Starker, Mayor ATTEST: _____________________________ Stephen Kirkpatrick, City Clerk APPROVED AS TO FORM: __________________________________ Gerald E. Dahl, City Attorney 11941 West 48th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229 Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.foothillsrh.org June 22, 2023 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 RE: 7525 W 44th Ave Dear Mr. Goff, The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new development and redevelopment in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. FRH’s portfolio includes 21 rental properties with 1200+ units. Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge. FRH is currently working through pre-development activities to produce new affordable housing within the City of Wheat Ridge and is seeking an investment from the City to further our ability to maximize the development potential of the site via the inclusion of adjacent City-owned real property currently known as the Bank of the West property at 7525 W 44th Ave. This site, part of what FRH is calling The Ives (master-planned assemblage of various parcels and developed in four Phases) is on a major throughfare (Wadsworth) with public transit access running north/south through Wheat Ridge. FRH already owns three parcels at the site, and the zoning is in place as use-by-right to allow affordable housing at an acceptable density per our current project plans on the others. FRH recently closed financing and broke ground on 50 affordable units at one of these sites and intends to pursue a future phase of development on this site by submitting a LIHTC application on August 1, 2023. We anticipate synergies could exist not only in quick construction rollover from Phase 1 to Phase 2, but also with the current service provider partners agreeing to serve Phase 1 able to support any similar needs of future phase residents. All units in Phase 1 and Phase 2 will house households earning, on average, less than 60% of Area Median Income. The city’s support of this project will directly benefit the local economy in generating likely over $20 million in construction costs alone, including many job creation opportunities. This investment will allow FRH to secure affordability and increase housing supply by building new Transit-Oriented, environmentally sustainable, service-enriched units in the City of Wheat Ridge. By doing so, we will ATTACHMENT 4 create long-term, high quality affordable assets that will serve as a welcoming place to call home for lower-income Wheat Ridge residents for decades to come. To meet the real estate needs of developing our target of 97 affordable units in Phase 2, FRH requests that the City of Wheat Ridge contribute the Bank of the West site and improvements at 7525 W 44th Ave in calendar year 2023. Without this site included in our buildable area, we can only produce approximately 80 units in Phase 2 and would not be able to offer Wadsworth forward street scape experience. In partnership, FRH routinely contributes over a million dollars towards its redevelopments by deferring developer fees and land carryback (or capital lease) loans as construction capital sources and intends to do so with this project. Additionally, FRH intends to offer project-based Housing Choice Vouchers to this project to make units affordable to even the lowest income residents of Wheat Ridge, likely up to 30. The value of this contribution alone is estimated at nearly $6,000,000 ($1,100 average per unit cost x 30 vouchers x 12 months x 15 years), not considering inflation. The City’s homeless coordinator will be able to make direct referrals to FRH for residents they work with for housing in these subsidized units. FRH will assume financial responsibility for the legal and transactional costs of the rezone and the real property transaction, as well as any demolition and environmental responsibilities. In exchange for the contribution of the land, FRH will offer the city a $1 lease back for the bank building for up to 12 months, so that it can continue using it for its own purposes until FRH needs to break ground. Based on surrounding leases for similar SF retail buildings that are between $20-$24/SF, an annual market rate value of this $1 lease for the 6,625 building is between $132,500-$159,000. This value is further supported by West Retail Submarket statistics from Costar showing market rent/SF at $22.38, for an annual estimated lease value of $145,750. We look forward to the opportunity to present this request to Wheat Ridge City Council. Sincerely, Amy Case Chief Real Estate Development Officer