HomeMy WebLinkAbout8-28-23 City Council Meeting Agenda PacketAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 28, 2023
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
City Council Meeting Minutes, August 14, 2023
Special Study Session Notes, August 14, 2023 APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
National Suicide Prevention Awareness Month
2023 Carnation Festival Committee Recognition and Plate Presentation
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. Resolution No. 40-2023 – a resolution supporting three applications to the Jefferson County Open Space Trails Partnership Program
b. Motion to approve the Mayor’s appointment of Julia Stern to the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge
c. Resolution No. 41-2023 – a resolution amending the Fiscal Year 2023 Capital
Improvement Program budget to reflect the approval of a supplemental budget appropriation in the amount of $85,126 for the purposes of accepting a $70,000 Main Streets grant and to make pedestrian improvements at the 38th Avenue and Reed Street intersection
d. Resolution No. 42-2023 – a resolution amending the 2023 Fiscal Year General Fund
budget to reflect the approval of a supplemental budget appropriation in the amount of $37,586.79 for the purpose of accepting grant funds from the Colorado Department of Early Childhood
e. Resolution No. 43-2023 – 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 $132,868 for the purpose of amending the 32nd Avenue Bile Lanes contract with David Evans & Associates, Inc.
f. Motion to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center parking lot repair project to allow for an additional contingency amount of $55,000 for a total not-to-exceed an amount of $589,400.72
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 20-2023 – an ordinance amending Sections 11-561, 11-566 and 26-114 of the Wheat Ridge Code of Laws, concerning the Hotel Licensing Program
3. Council Bill No. 21-2023 – an ordinance giving notice of and calling for submitting a
ballot question at the City’s regular November 7, 2023, election concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto
ORDINANCES ON FIRST READING
4. Council Bill No. 22-2023 – an ordinance approving the rezoning of property located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed-Use-Commercial (MU-C)
5. Council Bill No. 23-2023 – an ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review
requirements, and making conforming amendments therewith DECISIONS, RESOLUTIONS, AND MOTIONS
6. Resolution No. 44-2023 – a resolution approving Amendment No. 3 to the
Intergovernmental Agreement with the Colorado Department of Transportation for the Improve Wadsworth Project
7. Resolution No. 45-2023 – a resolution approving a Non-exclusive Public Right of Way Agreement with Google Fiber Colorado, LLC
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURN TO SPECIAL STUDY SESSION
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 14, 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 6:31 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe
Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck (virtual)
Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve
Kirkpatrick; Director of Public Works Maria D’Andrea; Director of Community Development, Lauren Mikulak; Senior Planner, Scott Cutler; Amy Case, Chief Real Estate Development Officer, Foothills Regional Housing; other staff, guests and
interested citizens.
APPROVAL OF MINUTES
• Study Session Notes of August 7
• Special Study Session Notes of July 24
• City Council Meeting Minutes of July 24
All of the above Notes and Minutes were approved without changes to any of these records.
APPROVAL OF AGENDA
Without objection or correction, the agenda stood as announced.
PROCLAMATIONS AND CEREMONIES
None Tonight.
PUBLIC’S RIGHT TO SPEAK
Dawn Underwood, called about item 2 and the Mayor asked her to await item 2 on 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)
No comments appeared in WR Speaks for this session of Council.
1. CONSENT AGENDA
CM Ohm introduced the consent agenda.
a. Motion to award the 2023 Mill and Overlay Project to Martin Marietta Materials,
Inc., of Lakewood, Colorado, and approve subsequent payments in the amount
of $1,969,977.80 with a contingency amount of $157,598.20, for a total not-to-
exceed amount of $2,127,576.00.
Issue
The 2023 Mill and Overlay Project is being undertaken to provide repairs to roadways in need of corrective maintenance. Streets included within this project were identified by
staff and evaluated for effectiveness of this particular treatment. Also included with this
project was some striping and signage to install on-street walking paths to serve as safer routes to school for school children.
Seven bids were received for this work in response to an Invitation to Bid. Staff recommends awarding a contract to the lowest responsive bidder, Martin Marietta
Materials, Inc. of Lakewood, Colorado in the amount of $1,969,977.80 plus a staff-
managed contingency of $157,598.20 for a total not-to-exceed amount of $2,217,576.00.
b. Resolution No. 39-2023 – a resolution authorizing the execution of an
Intergovernmental Agreement by and between the County of Jefferson, State of
Colorado, and the City of Wheat Ridge, Colorado, regarding the production of a
mailed TABOR Notice concerning ballot issues and the administration of their
respective duties concerning the conduct of the coordinated election to be held
on November 7, 2023
Issue
The City of Wheat Ridge will participate in a coordinated election on November 7, 2023.
The attached resolution and intergovernmental agreement (IGA) must be executed and
forwarded to Jefferson County by Tuesday, August 28, 2023. The documents refer to the
respective duties of the County and the City of Wheat Ridge concerning the production
of a mailed TABOR Notice concerning a ballot issue that will be submitted to eligible
voters of the City of Wheat Ridge and regarding the administration of the Coordinated
Election.
Motion by CM Ohm to approve Consent Agenda Items a.), and b.), seconded by MPT
Stites, motion carried 8-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 18-2023 – An Ordinance approving the sale of certain property
owned by the City located at 7575 W. 44th Avenue.
CM Hultin introduced Council Bill 18-2023.
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. Section 16.5 of the City Charter requires approval from three-fourths of the entire city council to sell municipally owned property.
The Mayor opened the public hearing, which is not quasi-judicial.
Staff Presentation
City Attorney Jerry Dahl briefly reported on the prior actions where at the June 22 study session, 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.
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.
The purchase price for the property to be paid by FRH is $10. In addition, FRH will pay
all costs associated with the closing.
Amy Case, Chief Real Estate Development Officer, Foothills Regional Housing, explained the purpose of the title transfer and the work already underway at that location.
Afterwards she stood by to answer any questions.
Public Comment
Dawn Underwood, 4601 Teller St. called to ask a question about this item: why have the neighborhood residents not been informed of the activities and development
ongoing? Ms. Mikulak responded to Ms. Underwood’s question.
J. C. Sloan 4696 Hoyt St. came in person to discuss this purchase and other potentially low-income housing purchases. He opined that the notice requirements need to be changed because in this case the 600-foot rule does not reach the residents nearby who will be impacted by this proposal. He also strongly recommended that the first
level should be commercial to add to the business base in Wheat Ridge.
Council Questions and comments
CM made several comments in support of the resolution.
CM Hultin asked about on site offices and who will occupy them. She also asked about the park mentioned in the presentation. Later in the discussion, CM Hultin asked for
clarification of how much of the property surrounding the subject property (bank
building) is already owned. Then she asked about the alignment of our Affordable Housing Project and this decision. Mr. Goff gave a detailed answer. CM Hultin asked about access to the property. Ms. Mikulak gave a detailed answer.
Later, CM Hultin asked about private investment in the property and how that drives the
qualify of the property, including the interiors. Again, Ms. Case gave a specific answer
about sound insulation, lighting, etc., including energy saving provisions.
CM Ohm asked about mixed-use retail. None is planned at this time.
CM Hoppe asked Ms. Mikulak to explain how the boundaries of the parcel are determined. Ms. Mikulak gave a detailed answer.
CM Nosler Beck asked for clarification on why there is no retail planned along the
bottom corridor of the development. She asked for an explanation for that decision.
MPT Stites asked when we look at a site like this one, what makes this site attractive. Ms. Case gave a detailed list of criteria they use to select a site. Then he asked if this site and the one already acquired at 41st Ave and Vance St. will operate in concert.
(Yes, per Ms. Case.)
CM Dozeman asked how this property right of way and access will operate. Ms. Mikulak provided an answer. Then CM Dozeman asked about the future of the propane sales business, the necessary setback for safety, and will the business property be acquired where the propane business sits. Ms. Mikulak gave a detailed answer,
referring to regulations about operating a propane storage and sales business, including
previous steps to allow nearby housing development. Later CM Dozeman asked what will happen after the 50 years expire. Again, Ms. Case have an answer.
The Mayor asked about the length of the plan to allow affordable housing (50 years). Then the Mayor asked about guest parking for the housing.
Motion by CM Hultin to approve Council Bill 18-2023 – an ordinance approving the sale of certain property owned by the city located at 7575 W. 44th Avenue, on second reading, and that it takes effect immediately upon adoption, seconded by CM Ohm,
motion carried 8-0.
During discussion of the motion CM Dozeman expressed her support for the motion and gave several reasons why she thinks this is good decision.
CM Ohm asked about whether there is any opportunity for small, home-run businesses, while supporting the motion.
CM Hultin also expressed her support for the motion for reasons already stated. She
has heard from constituents who are concerned about the impact of this project. She supports the project for several reasons including the fact that the project will not have any residents adjacent to this project. She also commented that there is a shortage of 2- and 3-bedroom units for family housing, and this project will help respond to that
demand.
CM Nosler Beck will support this motion. She reported that members of her family settled on this property to farm the land. This is an incredible opportunity for the City to provide housing opportunities for our residents on the same site. Her family has many memorabilia which could make additions to the décor.
PUBLIC HEARINGS AND ORDINANCES ON FIRST READING
3. Council Bill 19-2023 – An Ordinance approving the rezoning of property located at 4735 Kipling Street from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) CM Dozeman introduced Council Bill 19-2023
Issue
The applicant is requesting approval of a zone change from Commercial-One (C-1) to
Mixed Use-Commercial Interstate (MU-C Interstate) for property located at 4735 Kipling
Street. The zone change will result in a zoning that enables revitalization and reuse of the
site by expanding permitted uses.
Staff Presentation
There was none
Public Comment
There was none
Motion by CM Dozeman to approve Council Bill 19-2023 – an ordinance approving the
rezoning of property located at 4735 Kipling Street from Commercial-One (C-1) to Mixed
Use-Commercial Interstate (MU-C Interstate) on first reading, order it published, public
hearing set for Monday, September 11, 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
Hutchinson, motion carried 8-0.
4. Council Bill 20-2023 – An Ordinance amending sections 11-561, 11-566, and 26-
114 of the Wheat Ridge Code of Laws, concerning the hotel licensing program.
CM Hoppe introduced Council Bill 20-2023
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. Council conducted a review of
the ordinance on June 12, 2023, and provided consensus for some updates to the Wheat
Ridge Code of Laws.
Staff Presentation
There was none.
Motion by CM Hoppe to approve Council Bill 20-2023 – an ordinance amending sections
11-561, 11-566, and 26-114 of the Wheat Ridge Code of Laws, concerning the hotel
licensing program on first reading, order it published, public hearing set for Monday, August
28, 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 Dozeman, motion carried 8-0.
5. Council Bill 21-2023 – An Ordinance giving notice of and calling for submitting a ballot question at the City’s regular November 7, 2023 election concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto.
CM Weaver introduced Council Bill 21-2023
Issue
On July 17, 2023, City Council directed staff to move forward with a ballot question for the
November 2023 election to extend the City’s one-half of one cent (0.50%) sales and use
tax for 20 years and to issue debt to finance up to $75 million in public infrastructure
improvements. These improvements would include sidewalk, bike lane and street
improvements along primary street corridors, sidewalk gap construction and other sidewalk
maintenance along major pedestrian corridors and routes to schools and drainage and
floodplain infrastructure improvements at priority locations in the City.
To include this question on the 2023 ballot, the City Council must set the final ballot
language and submit it to the Jefferson County Clerk and Recorder by September 8th.
Setting the ballot language by ordinance requires a first reading on August 14th and a
second reading and public hearing on August 28th to meet this deadline. The attached
ordinance accomplishes this.
Staff Presentation
There was none.
Motion by CM Weaver to approve Council Bill 21-2023 – an ordinance giving notice of and
calling for submitting a ballot question at the City’s regular November 7, 2023 election
concerning the issuance of debt and an extension of the expiring sales and use tax of one-
half of one cent (0.50%) to pay such debt; and other matters related thereto, on first
reading, order it published, public hearing set for Monday, August 28, 2023 at 6:30 p.m. as
a virtual meeting and in City Council Chamber and that it take effect immediately upon
adoption, seconded by CM Hultin, motion carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
6. 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.
MPT Stites introduced the Motion.
Issue
The city currently utilizes two underground tanks at the Public Works Shop to provide
diesel and unleaded fuel for city vehicles. The tanks are 34 years old and are nearing
the end of their useful life. Therefore, staff evaluated fueling options and is
recommending implementation of a 4- to 6-month pilot program with the Police
Department to consider the WEX fuel card system. The WEX fuel card system allows
for fueling of city vehicles at all participating gas stations nation-wide which will improve
efficiency for staff as well as provide improved reporting and monitoring. Slightly higher
costs are anticipated as the city will pay the advertised cost at the pump (less any
taxes) which will likely be more than the bulk rate currently provided through the city’s
vendor. The pilot program will allow for an evaluation of the pros and cons as well as
the actual cost increases, if any. Therefore, staff recommends that the city enter into an
agreement with WEX Bank by approving an addendum to a State of Colorado Contract
#163711 under National Association of State Procurement Officials (NASPO) Master
Agreement No. 00819.
Staff Presentation
Director of Public Works, Maria D’Andrea gave a brief presentation, summarizing the
financial impacts and background where there is no cost to initiate the WEX program.
The city pays the price advertised at the pump so it can vary from day-to-day and
location-to-location. Therefore, it is anticipated that the city will pay Based on
comparisons of the city’s costs to the average monthly prices for Denver, it is
anticipated that the city will pay approximately $0.35 more per gallon for mid-grade
unleaded fuel. This would result in an annual increased estimated cost of $22,750,
based on usage of 66,000 gallons.
Public Comment
Jason Sloan, 4696 Hoyt St., came to ask if there are other, more remunerative
businesses to meet this need.
Ms. D’Andrea described the process staff followed to determine that this is the best
opportunity for the City
Council Questions and comments
CM asked several detailed and technical questions, which staff addressed.
CM Dozeman asked if Council would revisit this again after the six-month trial program,
and whether the staff will revisit the question of whether to continue with this firm or
make a change. Ms. D’Andrea gave a detailed answer. CM Dozeman then asked what
would happen when the tanks need replacement; again Ms. D’Andrea gave a detailed
answer.
CM Ohm asked about a system in use in the City of Lakewood; Ms. D’Andrea again
answered in detail.
The Mayor asked whether this card product will include all City vehicles. Ms. D’Andrea
responded that for this six-month trail we will use unleaded gasoline only; our diesel
vehicles will get fuel as they currently do.
CM Hultin opined that perhaps in the future we can convert to more EV, but for the
meantime this will at least reduce the local miles operated by City Vehicles.
Motion by CM Stites to approve a participating addendum to the NASPO ValuPoint
Fleet Card Services Contract with the State of Colorado for implementation of the WEX
Fuel Card System, seconded by CM Ohm, motion carried 8-0
CITY MANAGER’S MATTERS
Mr. Goff gave a brief update on the budget. He reported that our sales tax revenue is
flattening, as it is in other nearby cities. Other revenue sources are up appreciably. Our
investment funds have a nearly 300% increase in return on investment. We will still
have a solid reserve. On September 18 there will be a detailed presentation of the 2024
FY budget.
CITY ATTORNEY’S MATTERS
Nothing tonight
ELECTED OFFICIALS’ MATTERS
City Clerk Kirkpatrick reminded all that the Candidate Petitions for the Municipal
Elections to be held on November 7, 2023 were being distributed and those seeking
office will need to return them to the City Clerk’s office no later than 5:00pm on Monday,
August 28.
CM Nosler Beck thanked staff for the recent information packet on how to arrive safely
at our elementary schools following the closures of 3 schools, forcing students and
families to move to alternate schools. She also thanked all who work on the Carnation
Festival, especially CM Dozeman, who make the Festival such a success. She
especially noted the beauty of the fireworks displays.
CM Hultin echoed the gratitude for making the Festival and Parade such a success.
She asked about work recently done and ongoing on bike lanes in a particular location
in District 2. Ms. D’Andrea gave a specific answer. Things are happy at Happiness
Gardens as people harvest their crops. The garden is at its best right now.
CM Ohm echoed others’ gratitude for all who made the Festival a rousing success. He
focused particularly on the honor of walking in the Parade. He thanked a list of people
and departments who made the Festival successful.
CM Hutchinson thanked all who worked on the Festival and all who attended.
CM Dozeman extended her heartfelt gratitude to all who worked so hard to make the
Carnation Festival such a success. She mentioned several departments’ staffs,
including Parks and Rec, Public Works and the WRPD. She also shouted out to the
Festival committee and the volunteers who work so hard before and during the Festival.
She recalled her attendance at the Festival when she was a child, and now taking her
own children to the Festival. She also thanked the Council and the sponsors who make
it possible. She recognized Mr. Joey DeMott, chair of the Festival Committee for his
excellent work.
CM Weaver echoed the foregoing thanks, and then lauded the pie baking content
entrants and all who participated. She announced the two prize winners: Peach
Frangipani and a Tortuga Brownie “Amazingness.” She also thanked those who
participated and partook in the Chili Cookoff.
CM Hoppe also thanked all of those who participated and made the Festival such a
success. Her entire immediate family had a role to play in the Festival.
MPT Stites, pie contest judge, recalled that he has participated in more than 30 Parades
since his grandfather started the Festival as Mayor some 54 years ago. He thanked
Ms. Mikulak and her staff for the safe transit to schools memo, following the school
closures and students now attending a new school. School starts tomorrow; drive
safely! If you can find it in Wheat Ridge, buy it in Wheat Ridge.
Mayor Starker profusely thanked all who helped make the Festival such a success. He
specifically thanked CM Dozeman and Mr. Joe DeMott, staff and volunteers, naming
several key players.
He also asked about street paving along 29th Ave, and when that will be scheduled. Ms.
D’Andrea indicated a schedule of summer 2024.
Please, drive carefully as school starts again.
ADJOURN TO SPECIAL STUDY SESSION
The meeting adjourned at 8:03 pm.
APPROVED BY CITY COUNCIL ON August 28, 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
August 14, 2023
Upon adjournment of the Regular City Council Meeting, and after a short recess, the
Mayor called this Special Study Session to order at 8:12 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 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.
Councilmembers present: Judy Hutchinson, Scott Ohm, Amanda Weaver, Rachel
Hultin, Janeece Hoppe, Korey Stites, Leah Dozeman, and Valerie Nosler Beck
Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Director of Community Development, Lauren Mikulak; other 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. Parking and Charging for Electric Vehicles and Bicycles Issue
The current zoning code has minimal requirements for bicycle parking and has no EV
charging or parking requirements. Current requirements are discussed at the end of this
section. Likewise, the City’s current adopted building codes and local amendments
(2018 International Building Codes or IBC and 2020 National Electric Code or NEC)
allow for EV charging, but current building codes do not mandate placement, design, or
minimum quantities or percentages.
Staff Report
Mr. Goff introduced Ms. Mikulak, who asked Mr. Scott Cutler, Senior Planner, to give a
detailed presentation and explanation of their goals. They spoke on topics that
included:
• Current EV Parking/Charging Requirements
• Current Bicycle Parking Requirements
• HB23-1233 (Statewide EV Charging and Parking Requirements)
• Surrounding Communities EV Parking/Charging
• Current and Future Market
Among others, the team also listed their recommendations for
• Parking spaces at new multi-unit apartments/condos.
• Parking spaces new single-unit, duplex, and townhomes.
• Allowing freestanding EV charging facilities in commercial, industrial, and mixed-
use zone districts as a permitted primary and accessory use.
Councilmember questions and comments:
CM Hutchinson asked about the cost of this effort and who would pay for it? Will
Foothills Regional Housing be subject to this ordinance? She opined that there needs
to be an analysis of who will pay for the electric charging stations and who will pay for
the electricity to charge vehicles. She also opined that people prefer the 30-minute
quick charging stations to the 12-hour duration charging stations.
Mr. Dahl offered his own EV charging experience, indicating that the cost of electricity is
about 1/3 of the cost of gasoline to drive each mile.
CM Hutchinson then asked how and who will pay for electricity that these charging
stations will provide. Mr. Dahl gave a detailed answer.
The Mayor asked about the cost of one charging station like the two available just
outside City Hall. Staff could not recall the price of those stations but did report that the
typical price tag is $8,000 to 9,000 in the current market.
The Mayor asked if anyone can use those charging spaces. Mr. Goff explained how
that process works for his EV as an example.
CM Ohm asked about having chargers in parking spaces for the disabled. Mr. Cutler
gave a detailed answer and said staff would refer to the state laws about that question.
CM Hultin commented she supports the staff recommendations for the most part. She
noted that the charging stations in Arvada are the most used stations in the state. She
opined that having these charging stations will incent people to visit Wheat Ridge to
shop and dine. We should use this opportunity to create charging infrastructure now
and looking forward to the demand and availability 15 years out. We should use this
opportunity to leverage these charging stations to enjoy other benefits.
CM Dozeman opposes this whole effort because it will add significant costs to the
developers that they will pass along to consumers. She understands the need to offer
some charging stations, but she opined that the state requirements encroach on local
control. It also undermines property owners’ rights. On the whole the legislation
overreaches. We should do the bare minimum required by the state laws.
The Mayor asked if there will be a city energy tax on the electricity transmitted at these
charging stations. Staff agreed to investigate the matter in order to give Council a
detailed answer. He then asked if there will be meters on the charging stations to track
the cost and pricing of each user’s bill.
CM Stites asked if a landlord could include the cost of EV charging for those who need
and want it as part of the rent. Mr. Dahl answered in detail. He opined that we should
stay with the minimum required by state law so that we do not see developers choosing
other cities because of our cost.
CM Ohm noted that newly constructed garages have these charging stations built in,
and they are expensive. If we do not have EV charging in new housing then we will
lose renters/residents/consumers. His experience is that these charging stations are in
high demand. He asked if WR will be competitive with our neighboring cities if we do
the bare minimum required by state law. EV charging should give us a competitive
advantage.
CM Weaver commented that we should definitely move ahead. She is also thinking of
some other issues we need to discuss. For instance, Excel frequently shames her for
her use of electricity without considering that she operates a farm. She also opined we
need to discuss and consider the impact on sustainability of all of the electricity EV will
use. If there is a “middleman,” between Excel and the consumer, what cost will that
add? She opined she does not like being shamed for her electric consumption while
others are advocating for EV charging stations.
CM Hultin commented that the state is studying and re-considering the impact of EV
charging. What we are really discussing here is making EV chargers available, not
mandating charging stations. We are actually preparing for the coming wave of EV
vehicles and demand for EV charging. The really costly measure would be retrofitting
new development with EV charging stations.
CM and Mayor Starker thanked the staff for all of their hard work in preparing for this
update.
CM Hultin proposed a consensus to direct staff to move forward with recommendations
1, 2, 3 (which meet the minimal state requirement and nothing more) and 5 as written;
to revise recommendation 4 to significantly reduce the cost to consumers and
developers by requiring that there are EV ready stations; ready for, but not including,
the EV charging apparatus itself.
Consensus achieved.
Council then considered the staff recommendations with respect to E-bike charging.
CM Hultin proposed a consensus to direct staff to move forward with their recommend-
ation for E-bike charging, numbers 1, 2,and 3 as written.
Consensus achieved.
2. Staff Report(s)
Nothing more.
3. Elected Officials’ Report(s)
Nothing more.
ADJOURNMENT
The Special Study Session adjourned at 9:47 pm.
APPROVED BY CITY COUNCIL ON August 28, 2023.
_________________________________
Steve Kirkpatrick, City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
PROCLAMATION National Suicide Prevention Month
September
WHEREAS, National Suicide Prevention Month, in conjunction with National Suicide Prevention Week, is an annual month-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention
and warning signs of suicide; and
WHEREAS, by drawing attention to the problem of suicide in the United States, the campaign also strives to reduce the stigma surrounding the topic, as well as encourage the pursuit of mental health assistance and support people who have
attempted suicide; and
WHEREAS, as part of the campaign, health organizations are encouraged to conduct depression screenings, including self-administrated and online tests, and refer interested individuals to a national toll-free crisis telephone number 1-800-273-TALK
(8255); and
WHEREAS, since 1975, National Suicide Prevention Week awareness events are held throughout the week corresponding to World Suicide Prevention Day, which is recognized annually on the 10th of September; and
WHEREAS, I encourage all residents to take the time to inquire as to the wellbeing of their family, friends, and neighbors and to genuinely convey their appreciation for their existence by any gesture they deem appropriate. A simple phone call, message, handshake, or hug can go a long way towards helping someone realize
that suicide is not the answer.
NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim that September be declared ‘SUICIDE PREVENTION MONTH’ and the week of September 10-16, 2023, be declared ‘SUICIDE
PREVENTION WEEK’ in the City of Wheat Ridge, Colorado.
IN WITNESS WHEREOF, on this 28th day of August 2023.
__________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 40-2023 – A RESOLUTION SUPPORTING
THREE APPLICATIONS TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO _________________________________ ___________________________ Director of Parks & Recreation City Manager ISSUE:
The Parks and Recreation Department wishes to submit three applications to the Jefferson County Open Space Trails Partnership Program to request funding for three trail projects across the city. A City Council resolution of support is required for the applications.
PRIOR ACTION:
Council approved an updated Open Space Management Plan in May of 2023. Six of the seven
improvement areas included in the funding applications are recommendations within the Open Space Management Plan.
FINANCIAL IMPACT: 1. Estimates for the regional trail improvements in application #1 (see Background below) are
still being compiled. The funding application is for 50% of the cost to be covered by Jeffco
Open Space and 50% to be covered by the City, likely in the 2024-2026 budget years. 2. If application #2 is awarded funding, Wheat Ridge would commit $5,000 towards this feasibility study in 2024. Denver would commit at least $25,000 and Jeffco Open Space
would provide at least $30,000 to fund a $60,000+ feasibility study.
Council Action Form – Resolution Supporting JCOS Trail Partnership Program Applications August 28, 2023
Page 2
3. The Hayward Park trail replacement project is estimated to cost $81,488. Application #3 would be for 25% funding ($20,372) from Jeffco Open Space for this project with the City
funding 75% ($61,116) in 2024 through Fund 32.
BACKGROUND: Jefferson County Open Space manages the Trails Partnership Program which is in its fourth year. The Program is funded by the Jefferson County Open Space tax and it exists to fund trails
projects in the county at either 25% of the project cost for local trails or 50% of the project cost
for regional trails. Wheat Ridge has been awarded funding through this program in each of the past three years. In 2023, the department wishes to submit three separate applications to this program.
1. Regional (50% request) trail funding for the following improvements to the Clear Creek Trail: a. Feasibility and traffic study at the intersection of Kipling and the Clear Creek Trail (approximately W. 41st Ave)
i. This study would determine options, in collaboration with CDOT and
Wheat Ridge Public Works, to add a managed bike/ped crossing of Kipling at this location. The current trail route is a 0.5-mile detour south underneath Kipling at W. 39th b. Erosion mitigation solutions, in collaboration with the Mile High Flood District,
at the following trail locations:
i. Adjacent to the Clear Creek Crossing development with erosion solutions for both the creek side of the Trail and the retention pond side ii. Immediately east of the Charles Brown bridge iii. At the underpass of 44th Avenue east of Anderson Park
1. Besides erosion, there is related seepage underneath the current
retaining wall between the Trail and the creek c. Improvements to the intersection of the Clear Creek Crossing connector trail and the main Clear Creek Trail i. Currently the location of the pavilion and intersection (combined with
adjacent fences and a berm) create safety and sightline issues for users
ii. Jeffco Open Space specifically requested an improvement in this area, as they manage the Trail further west of this location iii. Parks and Recreation, Planning, Evergreen, and Jeffco Open Space staff are collaborating on an improved design
2. Regional (50% request) in collaboration with Denver Parks and Recreation for a feasibility study of the area between Creekside Park and W. 52nd Avenue a. This part of the Trail is currently on-street, rather than being a separated Trail b. The standards for the entire Peaks to Plains is to be a separated, 10’-wide,
concrete Trail
Council Action Form – Resolution Supporting JCOS Trail Partnership Program Applications August 28, 2023
Page 3
c. This area serves as the eastern entry into Wheat Ridge from the trail system. The area being studied includes the jurisdictions of Wheat Ridge, Denver, Arvada,
unincorporated Jefferson County, and unincorporated Adams County.
d. Wheat Ridge Parks and Recreation has budgeted $5,000 to contribute to this study and Denver has committed at least $25,000. The joint application will request at least a matching $30,000 from Jeffco Open Space to fund the feasibility study at $60,000 or greater.
e. The scope of work for the feasibility study will be to provide the local
governments with options and cost estimates for adding a separated Trail to connect to the existing Trail in this area. 3. Local (25% request) for replacing the Hayward Park pedestrian loop trail
a. The current asphalt trail has significant damage and is overdue for replacement
for safety and user experience reasons b. The replacement trail would be 8’ wide, sawcut concrete with 2’ crusher fines shoulders on both sides of the trail
RECOMMENDATIONS:
Staff is recommending passing this Resolution of support to allow the City to apply for county funding via these three applications. RECOMMENDED MOTION:
“I move to approve resolution No. 40-2023 – a resolution supporting three applications to the
Jefferson County Open Space Trails Partnership program Or,
“I move to postpone indefinitely resolution No. 40-2023 – a resolution supporting three
applications to the Jefferson County Open Space Trails Partnership program REPORT PREPARED/REVIEWED BY: 1. Brandon Altenburg, Grant & Special Project Administrator
2. Karen A. O’Donnell, Parks & Recreation Director
3. Patrick Goff, City Manager ATTACHMENTS: 1. Council Resolution No. 40-2023
2. Trails Partnership Program Info Sheet
3. Kipling Crossing Memo 4. Clear Creek Trail Erosion Renovation Project Scope of Work 5. Clear Creek Crossing Intersection Current State Photo
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of 2023
TITLE: A RESOLUTION SUPPORTING THREE APPLICATIONS TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM WHEREAS, the City of Wheat Ridge wishes to invest in trails, park amenities, and bicycle and pedestrian infrastructure; and
WHEREAS, the City of Wheat Ridge wishes to apply for trail support funding from the Jefferson County Open Space Trails Partnership Program; and
WHEREAS, Jefferson County Open Space requires a resolution in support of
these applications for funding from the Wheat Ridge City Council; and
WHEREAS, the City of Wheat Ridge City Council supports three project applications to the Trails Partnership Program in 2023.
NOW THEREFORE, BE IT RESOLVED by Wheat Ridge City Council, that:
Section 1. The Mayor and City Council approve the submission of three JCOS
Trails Partnership Program applications.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 28th day of August 2023.
___________________________________Bud Starker, Mayor
ATTEST:
______________________
Steve Kirkpatrick, City Clerk
APPLICATION PROCESS
- Serves immediate neighborhood or community
- New trail within a neighborhood park
- Trail connection from a school to a local park
Local Project Examples
- Serves multiple jurisdictions
- Trail connects to regional trail
-
Regional Project Examples
1.Contact JCOS
2.Submit Application
3.Application Review
Discuss eligibility with Trails & Access
Program Manager and determine if
project is local or regional.
Using the form on the website, submit
project scope, location and maps,
budget, maintenance plan, resolution
from governing board, natural
resources impact, and a description of
how the project achieves the goals of
Space Advisory Committee reviews and
recommends proposals.
The Board of County Commissioners
gives final approval.
Award letter with JCOS funding
amount, JCOS Fund Recognition Guide,
and a project completion deadline
within two years of award date.
Applicants will be notified if their
project is not selected.
July 15, 2023 - Applications available
September 15, 2023 - Applications due
December 2023 - Notice of award
25%
50%
ELIGIBILITY
50% of regional trail projects. All partners that manage public land and/
eligible to apply.
Eligible projects include trail construction, trail maintenance,
trailhead amenities (benches, kiosks, and restrooms), and Greenway
enhancements (stream restoration, tree planting, etc.). Project must
trails or greenspaces.
up to
up to
JEFFCO OPEN SPACE
TRAILS PARTNERSHIP PROGRAM 2024
JCOS Funding
JCOS Funding
be included in an approved plan, identified in the Jeco Trails Plan, or
improve safety, equitable access, and connectivity of Jeerson County
Jeerson County Open Space (JCOS) will fund up to 25% of local or up to
or provide public park and recreation services in Jeerson County are
Emily Guin
Trails & Access Program Manager
egun@jeco.us
303.271.5946
Rachel Brenna
Strategy & Planning Director
rbrenna@jeco.us
303.271.5991
ATTACHMENT 2
Memorandum
To: Taylor Broyhill - Logan Simpson
From: Scott Belonger, PE / Sagar Onta, PE, PTOE - Otak
Copies:
Date: January 17, 2023
Subject: City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St.
Project No.: 20593
Background
The Clear Creek Greenbelt crossing of Kipling St. has been identified as an area of potential
improvement on the greenbelt. Currently, the Greenbelt crosses Kipling St. at an underpass at Lena
Gulch, approximately 2300 feet to the south of Clear Creek. To utilize this underpass, greenbelt users
must follow a convoluted route, over ½ mile in length of out of the direction of travel. As a result, some
greenbelt users cross Kipling St. at-grade adjacent to the Kipling West Trailhead at an undesignated and
unsafe crossing location. An alternative crossing treatment should be sought to eliminate the current out
of direction travel required and the associated safety concerns with crossing at an undesignated crossing
location to reduce out of direction travel.
Crossing Treatment Considerations
Various alternative crossing treatments have been considered in this location. The limited right of way
width, close proximity to private / commercial properties and the adjacent floodplains/floodways of Clear
Creek and Lena Gulch make this site challenging to implement grade separated crossing improvements.
We assume that purchasing or condemnation of the adjacent commercial properties would not be
pursued. Any of the proposed crossing treatments must be located within the 250’ zone along Kipling St.
between the existing bridge over Clear Creek and the first private property to the south.
1.Pedestrian Underpass
The trail elevation for an underpass is typically set at 11’-13’ below the roadway grade to allow a
minimum of 8.5’ vertical clearance for the trail and the structure and pavement section above.
Considering that distance to the streambed of Lena Gulch is less than 8’ below the roadway grade in this
location, the trail elevation at the underpass would be set 3’-5’ below the streambed. This would require
significant floodwalls and waterproofing to keep the greenway dry, even in low flow conditions. Also, this
area is entirely within the regulatory floodplain and (Zone AE) and floodway of Clear Creek and Lena
Gulch. Due to the close proximity of Lena Gulch, any additional structures or floodwalls within the
floodway are expected to cause a rise in the base flood elevation (BFE) at the adjacent insurable
structures, which would not be allowed by the Colorado Water Conservation Board (CWCB).
371 Centennial Parkway, Suite 210 | Louisville, CO 80027 | Phone 303.444.2073 | otak.com
ATTACHMENT 3
Page 2 of 6
City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St. January 17, 2023
The trail elevation would be 15’ below the elevation of the adjacent greenbelt bridge over Clear Creek.
This would require a 300’ ramp between the underpass and bridge to provide an accessible (5% or less)
connection. Providing a 300’ ramp in this tight area would require structures that would likely impact the
BFE.
For these reasons, an underpass does not appear to be feasible in this location.
2. Pedestrian Overpass
A pedestrian overpass would require a minimum of 17.5’ vertical clearance over the roadway.
Considering an expected 2.5’ structure depth, the trail elevation would be 20’ above the roadway. This
would require approach ramps of over 400’ in length at each side of the roadway. Considering that this
area is entirely within the regulatory 100-year floodplain (Zone AE) and floodway, the structures/ramping
required would likely cause a rise in the BFE. Also, similar to the underpass, there simply is not enough
space to provide a 400’ user-friendly ramp between the crossing location and the existing trail bridge over
Clear Creek on the east side of Kipling St.
For these reasons, an overpass does not appear to be feasible in this location.
3. At-Grade Crossing Improvements
Considering the challenges of this site, a grade-separated crossing does not appear to be feasible.
Another option for safe pedestrian crossing is an at-grade crossing on Kipling Street, which is also a state
highway (SH 391). The evaluation of at-grade crossing at the location was conducted based on the
Colorado Department of Transportation (CDOT) Pedestrian Crossing Installation Guide 2021. Table C1
Criteria for Pedestrian Crossing Treatments at Uncontrolled Location of the Guide shows appropriate
crossing types based on roadway average daily traffic (ADT), posted speed limit, and roadway
configuration (see Attachment A).
Kipling Street, in the vicinity of the proposed location of the at-grade crossing, is a four-lane roadway
without raised median and a posted speed limit of 40 mph. The closest traffic count station (Station ID
105509) on Kipling Street is located north of 38th Avenue, which recorded an annual ADT of 35,000
vehicles per day (vpd) based on data collected in September 2021. Using these criteria, Table C1
recommends using treatment D, which is to “install marked crosswalk with enhanced signs, pedestrian
activated Rectangular Rapid Flash Beacons (RRFBs), and geometric improvements to increase visibility
of pedestrians and reduce exposure”.
Table C1 also states that the criteria presented in the table is “intended as a general minimum.
Engineering judgment should be used on a case-by-case basis. Prevailing speed may be used if
significantly different than posted speed.” The annual ADT of 35,000 vpd on Kipling Street is considerably
higher than the upper limit of >15,000 vpd presented in Table C1. Furthermore, the ½ mile distance
between existing traffic signals on Kipling Street on either side of the proposed crossing location and the
straight alignment of the roadway at the location, allow for the prevailing driving speed to be higher than
the posted speed limit. For these reasons, we recommend the use of treatment E of Table C1 at the
proposed crossing location, which provides higher degree of safety treatments. Specifically, treatment E
states that “if pedestrian volume meets warrants, consider a pedestrian hybrid beacon, pedestrian traffic
signal or grade separated crossing.”
o:\project\20500\20593\05 documents\reports\kipling crossing memo_final-2023-01-17.docx
Page 3 of 6
City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St. January 17, 2023
We evaluated each of the three treatment options listed under treatment E. As stated above in this
memorandum, a grade separated crossing does not appear to be feasible at the location.
3.1. Pedestrian Traffic Signal
Treatment E lists pedestrian traffic signal as one of the potential treatments at the location. A pedestrian
traffic signal is a regular traffic signal with pedestrian signal heads that meets Warrant 4 Pedestrian
Volume of the Manual of Uniform Traffic Control Devices (MUTCD), Chapter 4C Traffic Control Signal
Needs Studies. The pedestrian volume warrant includes the following criteria:
•Signalized intersection with substantial pedestrian volume (100 or more for each of any 4 hours,
or 190 or more during any 1 hour), and
•There are less than 60 gaps per hour in the major street traffic stream of adequate length for
pedestrians to cross during the same period when the pedestrian volume criterion is satisfied.
In order to evaluate if this treatment meets the warrant criteria listed above, pedestrian crossing volume
and traffic counts on Kipling Street are required. Currently, there are no formal pedestrian crossing
treatments at the proposed location. As such, a more detailed traffic study is required to determine the
anticipated pedestrian crossing volume at the location. The study will likely need to count the volume of
pedestrians and bicycles using the existing underpass at the Wheat Ridge Recreation Center, located
approximately 1,200 feet south on Kipling Street, and any informal pedestrian crossing currently
occurring in and around the proposed crossing location. A judgment by an engineer will be required to
determine the proportion of the existing crossing volume at these locations anticipated to use the
proposed crossing. In addition, traffic count on Kipling Street would be needed to determine the number
and size of gaps in the vehicle platoon.
3.2. Pedestrian Hybrid Beacon
Treatment E lists pedestrian hybrid beacon (PHB) as the third possible treatment at the location. Chapter
4F Pedestrian Hybrid Beacon of the MUTCD provides Figure 4F-2 Guidelines for the Installation of
Pedestrian Hybrid Beacons on High-Speed Roadways (>35 mph), which is also presented in the CDOT
Pedestrian Crossing Treatment Guide, 2021. The figure shows that a PHB may be installed at location
with a minimum of 20 pedestrians per hour, crossing the major street.
Similar to the pedestrian traffic signal assessment, due to the lack of existing crossing, a traffic study is
required to determine the anticipated pedestrian volume at the proposed crossing location. Furthermore,
the traffic study should determine whether a pedestrian traffic signal or a PHB is appropriate at the
location, which will depend on the anticipated pedestrian volume, driver expectation and location of
existing driveways.
Both the pedestrian traffic signal and the PHB would require a traffic signal coordination plan with
adjacent existing signals on Kipling Street. The signal coordination plan will balance need to reduce
vehicle delays on Kipling Street and the wait-times for trail users using the proposed at-grade crossing.
3.3. Location of At-Grade Crossing
The location of the proposed at-grade crossing is determined by the user-friendliness of the location,
directness of the route, presence of existing driveways, access control of the driveways, and the ADA
compliance requirements of the location when taking into consideration the grade difference between the
trail bridge and Kipling Street.
o:\project\20500\20593\05 documents\reports\kipling crossing memo_final-2023-01-17.docx
Page 4 of 6
City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St. January 17, 2023
There are no driveways on the east side of Kipling Street from the Clear Creek bridge to W 41st Avenue.
However, there are several driveways to the south of the bridge on the west side of Kipling Street. A right-
in/right-out (RIRO) driveway access to the Greenbelt Open Space parking lot is located approximately
125 feet to the south of the bridge. In addition, there are two driveways that provide access to the strip
mall located south of the RIRO driveway. The north driveway is located approximately 60 feet south of the
RIRO driveway and the south driveway is located approximately 110 feet from the north driveway. Given
these driveway locations, the ideal location for the at-grade crossing is between the Clear Creek bridge
and the RIRO driveway or at the RIRO driveway.
Option 1: PHB, north of the RIRO Driveway
The MUTCD recommends that a PHB should be located at least 100’ from existing driveways. Given that
the RIRO driveway is approximately 125' from the Clear Creek bridge, compliance with MUTCD will place
the at-grade crossing just south of the Clear Creek bridge. However, an at-grade crossing at this location
will not meet ADA requirements because of the proximity of the location from the trail bridge and the
elevation difference between the trail bridge and the west curb of Kipling Street.
In order to comply with ADA, the proposed PHB would need to be located approximately 30’ north of the
RIRO driveway. While this location will not meet the 100’ from driveway guidance of the MUTCD, the
proximity of the PHB to the RIRO driveway is not expected to cause major safety concerns, as there are
no left-in or left-out movements from the driveway. Furthermore, given the presence of the wide median at
the location, it may be feasible to design the crossing as a two-stage crossing, which will reduce delay for
vehicles on Kipling Street. Figure 1 shows the conceptual design of PHB at this location.
Typical costs for a PHB are in the range of $230,000 to $250,000, not including the cost of the civil work to
build the median at the location.
Option 2: Pedestrian traffic signal at the RIRO Driveway
Another treatment option is to install a traffic signal with pedestrian signal heads at the RIRO driveway.
The installation of the traffic signal will convert the RIRO driveway into a full-access driveway, which will
benefit the access to the parking lot. However, the increased vehicle access to the parking lot has
negative impact on the safety of the pedestrians as it increases the number of conflict points for
pedestrians from turning vehicles, compared to a PHB. Furthermore, due to long crossing distance, delay
for vehicles on Kipling Street is likely to be significant.
Typical costs for a pedestrian signal are in the range of $250,000 to $280,000.
Recommendation
Options 1 or 2 appear to be feasible and would provide a significant improvement to the Clear Creek
Greenbelt by improving the directness of the route and reduce crossings at currently undesignated
locations. We recommend conducting a traffic study to determine which of the two options should be
implemented at the location. The traffic study should collect data and use sound engineering judgement
to estimate the number of pedestrians per hour that will use the treatment. A higher pedestrian use
estimate generally favors installation of a pedestrian traffic signal, while a lower pedestrian use favors
PHB. However, as previously stated, a PHB is generally safer than a pedestrian signal due to lower
number of conflict points and generally costs slightly less than a traffic signal. Hence, we feel that Option
1 (PHB) may be the more appropriate solution for this location.
o:\project\20500\20593\05 documents\reports\kipling crossing memo_final-2023-01-17.docx
Page 5 of 6
City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St. January 17, 2023
o:\project\20500\20593\05 documents\reports\kipling crossing memo_final-2023-01-17.docx
Figure 1. Conceptual Design of At-Grade Crossing with PHB
Page 6 of 6
City of Wheat Ridge – Clear Creek Greenbelt Crossing at Kipling St. January 17, 2023
o:\project\20500\20593\05 documents\reports\kipling crossing memo_final-2023-01-17.docx
Attachment A
ATTACHMENT 4
Clear Creek Trail Erosion Renovation Project 2023
The Clear Creek Trail Maintenance Project includes four locations along the Clear Creek Trail. All
of the areas of work are in floodplain with some portions being in the floodway, the most
restrictive portion of the floodway. Floodplain permits will be required for all four areas. In
areas within the floodway, fill will be limited to just what’s needed to repair eroded areas.
Area #1
Area #1 starts on the west side of Youngfield Street and extends almost ½ mile to the shelter.
Erosion damaged areas exist on both sides of the trail adjacent to pond on the south side and
Clear Creek on the north side. This area has steep slopes to both the pond and the creek. It’s
anticipated that erosion and drainage control measures and hill stabilization will be needed to
repair the area and to prevent future damage to the trail. Also, in this area because of the steep
slopes adjacent to the trail, a safety barrier will be needed to keep trail users on the trail. Due
to floodplain regulations, the barrier will need to be fairly open to impede flood flows. The
barrier will also need to allow snow removal crews to push snow off the trail, so keeping the
barrier back from the edge of the trail as far as possible may also be preferable. This area will
need to be under directed traffic control/controlled use during construction or closed during
construction with a detour in place.
Area #2
Area #2 is located on the south side of the pedestrian bridge downstream of 44th Avenue. This
area has steep slopes on both sides of the trail which has caused quite a bit of erosion. The area
is also too narrow for maintenance crews to deposit snow and/or turn around. It’s anticipated
that erosion and drainage control measures and hill stabilization would be needed to decrease
the slopes on either side of the trail and create additional space for snowplows and
maintenance vehicles to turn around. An open safety barrier may also be desired. A reasonable
detour option is not available at this location, so this area will need to be under directed traffic
control/controlled use during construction.
Area #3
Area #3 is east of Area #2. This area has a steep slope on the north side of the trail down to the
creek. In addition, a retaining wall on the south side of the trail makes the area very narrow. .
This area has intermittent hill seeps and drainage issues along with erosion adjacent to the trail
and between the trail and the creek. It’s anticipated that hill stabilization, erosion seep, and
drainage control measures and open safety barriers will be needed in this area. A reasonable
detour option is not available at this location so this area will need to be under directed traffic
control/controlled use during construction.
The project design for Areas #1 - #3 will include-
• Design
•
• Survey
• Geotech
• Trail traffic control design
• Trail detour design
• All construction signage/placement
• Coordination with all responsible stakeholders to complete design
• Obtaining floodplain permits for each location
• 100% Construction plans and project specifications.
• Estimated total cost for project construction
The included content of the School of Mines erosion mitigation proposal is informational only.
Price design for areas #1, #2, #3, together as one project.
Area #4
Area #4 is located under the 44th Avenue bridge and it includes the modifications to the flood
control wall, the trail, the drainage system for the trail underpass, and the stair access from 44th
on the north side of the bridge. The area was originally improved in 1994 to prevent the trail
from flooding during snow melt and other high-water events. Since 2020, high water events
have caused water to seep under the flood control wall causing the trail to be flooded with
several inches of water. Since snow melt lasts for several weeks and the drainage system does
not drain when higher flows are present, the seep water floods the trail for long periods of time
and is present until staff pumps it out.
This area will need to be under directed traffic control/controlled use during construction or
closed during construction with a detour in place.
It is anticipated that the following items may need to be addressed in this section:
• Mitigate the seepage under the wall onto the trail or replace the wall/ high water
system.
• Repair or replace stairs and mitigate the seepage under the stairs
• Mitigate or replace the drainage system to ensure adequate drainage of trail underpass
• If drainage is to be replaced install a larger cast iron grate drain grate/system that is
rated for vehicle traffic and snow plowing with metal edged plows.
• Replace the concrete trail in this section. Trail damaged due to water/freezing. New trail
concrete needs to slope towards drainage grates.
• Trail underpass is currently 10’ wide. During snowplow operations or general
maintenance this portion of the trail is very tight and is in hard to maneuver a full-size
truck through it. Also, at the current 10’ wide there is no ability to have foot or bike
traffic pass when a maintenance vehicle is present. Widening this section will improve
maintenance operations and safer usage.
The project design for area #4 will include-
• Design
• Survey
• Geotech
• Trail traffic control design
• Trail detour design
• All construction signage/placement
• Coordination with all responsible stakeholders to complete design
• Obtaining a floodplain permit 100% Construction plans and project specifications
• Estimated total cost for project construction/completion
ATTACHMENT 5
Your signature here
ITEM NO: 1b
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE MAYOR’S APPOINTMENT OF
JULIA STERN TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY D/B/A RENEWAL WHEAT RIDGE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ City Clerk City Manager ISSUE:
On July 5, 2023, Kristi Davis from District II resigned from the Wheat Ridge Urban Renewal
Authority d/b/a Renewal Wheat Ridge, effective immediately. The vacancy was posted for a term of four weeks on the City of Wheat Ridge website and promoted through various channels from July 17-August 11. Appointments to the Authority are made by the Mayor, subject to approval by a majority vote of the entire City Council. There is one applicant from District II,
who newly applied, and two applicants from other districts who applied in January during the
regularly scheduled reappointment process. If, after reasonable advertisement, no applications are received from residents within the relevant City Council district vacancy on the Authority, any otherwise qualified resident of the City may be appointed.
PRIOR ACTION:
The Mayor and City Council appoint members to Boards and Commissions and Authorities
annually and as needed throughout the year when vacancies occur.
FINANCIAL IMPACT: None
Council Action Form – Renewal Wheat Ridge Appointment August 28, 2023
Page 2
BACKGROUND: Each year, the City advertises for residents who might be interested in volunteering on one of the
Boards or Commissions and Authorities. This year, positions were advertised twice in the Jeffco
Transcript and through a multi-week promotional campaign including the City’s website, social media, email, newsletters, and direct email to graduates of Wheat Ridge 101. Appointments were made during the regularly scheduled City Council Meeting on February 27, 2023. The resignation of one Renewal Wheat Ridge member was received by the Commission Liaison on
July 5, 2023. The City retains applications for a period of one year. The attached Appointment
Packet includes applications received in the last twelve months for the Renewal Wheat Ridge Board and new applications as a result of this vacancy and posting.
RECOMMENDATIONS: None
RECOMMENDED MOTION: “I move to approve the Mayor’s appointment of Julia Stern to the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge, term to expire March 02, 2025.
Or,
“I move to not approve the Mayor’s appointment of Julia Stern to the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge, for the following reason(s) ____________________________________________________________________.”
REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Robin Eaton, Deputy City Clerk Allison Scheck, Deputy City Manager
Steve Kirkpatrick, City Clerk
Patrick Goff, City Manager ATTACHMENTS: 1. Renewal Wheat Ridge Vacancy Appointment Packet
2023 Renewal Wheat Ridge Appointment Applicant Summary
Last Name First Name District Notes Application Hyperlink
Hoffman Eric I App received January 17, 2023 end668@yahoo.com
Reese Eliot III App received January 17, 2023 eliot.rose@icloud.com
Stern Julia II App received August 1, 2023 julianne.stern@gmail.com
Renewal Wheat Ridge - Please select one commissioner for this District II vacancy. Please note that an out of District appointment may be made at Council's discretion.
ATTACHMENT 1
Motions For 2023 Renewal Wheat Ridge appointment
Renewal Wheat Ridge
I Move to Appoint:
One District II Member expiring 03/02/2025
ITEM NO: 1c
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 41-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $85,126 FOR THE PURPOSES OF ACCEPTING A $70,000 MAIN STREETS GRANT AND TO MAKE PEDESTRIAN
IMPROVEMENTS AT THE 38TH AVENUE AND REED STREET
INTERSECTION
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
______________________________ __________________________ Public Work Director City Manager
ISSUE:
The City was awarded a Revitalizing Main Streets grant from the Colorado Department of Transportation (CDOT) in the amount of $70,000 to reconstruct the sidewalk on the south side of 38th Avenue at Reed Street and install an enhanced crosswalk across 38th Avenue on the east side of Reed Street. The full cost of the project, $85,126, exceeds the grant amount. A supplemental
budget appropriation is required to accept and appropriate the grant and supplemental in the 2023
budget.
PRIOR ACTION: None
Council Action Form – Main Streets Grant Budget Supplemental August 28, 2023
Page 2
FINANCIAL IMPACT: A supplemental budget appropriation from Capital Improvement Program (CIP) undesignated
reserves in the amount of $85,126 is required to fund this request. Most of this request, $70,000,
will be offset by the grant revenues from CDOT.
To offset the increased costs, city staff will be requesting the difference, $15,126, from Renewal Wheat Ridge (RWR) at their September 5, 2023 meeting. If RWR approves the contribution, then those funds will be added to the CIP budget as miscellaneous revenue.
BACKGROUND:
In August 2021, the City applied for a Main Streets grant to reconstruct the sidewalk on the south side of 38th Avenue at Reed Street and install an enhanced crosswalk across 38th Avenue on the east side of Reed Street. The original grant was denied but then re-submitted in July 2022. In September 2022, the City received notice that the grant had been awarded. The Main Streets grants
are administered by CDOT.
The city has received requests to install a crosswalk at this location to accommodate school children as well as access to local businesses. The sidewalk at this location is raised above the street to accommodate a sub-surface water main and therefore doesn’t meet accessibility standards.
The project will reconstruct the sidewalk, add a handrail, and install pedestrian ramps to meet
accessibility standards. Pedestrian-activated flashing beacons will also be installed. This work has
been included in the 2023 Concrete Repair Program. Work will commence in late-September or early-October 2023.
RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation request.
RECOMMENDED MOTION:
“I move to approve Resolution No. 41-2023, a resolution amending the Fiscal Year 2023 Capital Improvement Program budget to reflect the approval of a supplemental budget appropriation in the amount of $85,126 for the purposes of accepting a $70,000 Main Streets grant and to make pedestrian improvements at the 38th Avenue and Reed Intersection.”
Or,
“I move to table indefinitely Resolution No. 41-2023, a resolution amending the Fiscal Year 2023 Capital Improvement Program budget to reflect the approval of a supplemental budget appropriation in the amount of $85,126 for the purposes of accepting a $70,000 Main Streets grant and to make pedestrian improvements at the 38th Avenue and Reed Intersection, for the following
reason(s) ____________________________________________________________________.”
REPORT PREPARED BY: Mark Westberg, Projects Supervisor Steve Nguyen, Engineering Manager
Council Action Form – Main Streets Grant Budget Supplemental August 28, 2023
Page 3
Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 41-2023
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2023
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 CAPITAL IMPROVEMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $85,126 FOR THE
PURPOSES OF ACCEPTING A $70,000 MAIN STREETS GRANT AND TO MAKE PEDESTRIAN IMPROVEMENTS AT THE 38TH AVENUE AND REED STREET INTERSECTION
WHEREAS, the City has received a Main Streets grant from CDOT to reconstruct the sidewalk on the south side of 38th Avenue at Reed Street and also install an enhanced
crosswalk across 38th Avenue on the east side of Reed Street; and
WHEREAS, the Council recognizes the importance and significance of improving the pedestrian facilities along and across 38th Avenue; and WHEREAS, insufficient appropriations in the 2023 Budget exist to cover these
reimbursable expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A grant in the amount of $70,000 is accepted from the Colorado Department of Transportation Section 2. A transfer of $85,126 is hereby approved from the Capital
Improvement Program Fund undesignated reserves to account 30-
303-800-892 and the 2023 revenues are amended accordingly. DONE AND RESOLVED this 28th day of August 2023.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
C
ATTACHMENT 1
ITEM NO: 1d
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2023 – A RESOLUTION AMENDING
THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $37,586.79 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FROM THE COLORADO DEPARTMENT OF EARLY CHILDHOOD
PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_________________________________ ___________________________ Director of Parks & Recreation City Manager
ISSUE: In 2022, the City was awarded federal funding through the State of Colorado Department of Early Childhood’s Child Care Stabilization and Workforce Sustainability grant program for the
Sun Camp and Licensed Preschool childcare program through June 30, 2023. The Department of
Early Childhood has offered additional grant funding in the amount of $37,586.79 for these programs through September 30, 2023. A resolution approving a supplemental budget appropriation is required to accept and appropriate this additional grant funding.
PRIOR ACTION:
There has been no prior Council action with this issue.
FINANCIAL IMPACT: This budget supplemental in the amount $37,586.79 will allow the City to continue to support both the Sun Camp and Licensed Preschool childcare programs.
Council Action Form – Budget Supplemental for Additional Early Childhood Grant Funds August 28, 2023
Page 2
BACKGROUND: In 2022, the City was awarded federal funding through the State of Colorado Department of
Early Childhood’s Child Care Stabilization and Workforce Sustainability grant program for the
Sun Camp and Licensed Preschool childcare programs. As recommended by the funding program, approximately 50% of the originally committed grant funds were paid to enrolled families in the form of refunds to help offset the cost of childcare. The remaining 50% of the funds went to increasing variable staff pay, offering program-end retention bonuses, and
increasing and improving program operational supplies, educational offerings, and field trips.,
The original award totaled $79,449 for the Sun Camp program and $30,393 for the Licensed Preschool program. The original funding was paid in monthly installments to the city for 9 consecutive months while each respective program was operating, which wrapped up in June 2023.
The Department of Early Childhood has offered an additional monthly payment plus a “bonus” payment which total $37,586.79. For the programs to spend this additional revenue by the deadline, the funds need to be moved into 01-622-650-660 via this budget supplemental. Failure to spend the funds appropriately by September 30, 2023 will result in the City having to return
the additional unspent grant funds.
RECOMMENDATIONS: Staff is recommending the approval of this Resolution and associated budget supplemental, so additional funds can benefit the two childcare programs by the state deadline.
RECOMMENDED MOTION: “I move to approve resolution No. 42-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $37,586.79 for the purpose of accepting grant funds from the Colorado Department of
Early Childhood.”
Or, “I move to postpone indefinitely resolution No. 42-2023 – a resolution amending the 2023 Fiscal
Year General Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $37,586.79 for the purpose of accepting grant funds from the Colorado Department of Early Childhood for the following reasons: _________________________________________.” REPORT PREPARED/REVIEWED BY:
1. Brandon Altenburg, Grant and Special Project Administrator
2. Karen O’Donnell, Parks and Recreation Director 3. Patrick Goff, City Manager ATTACHMENTS:
1. Council Resolution No. 42-2023
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2023
TITLE: A RESOLUTION AMENDING THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $37,586.79 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FROM THE COLORADO
DEPARTMENT OF EARLY CHILDHOOD WHEREAS, the City of Wheat Ridge has received additional grant dollars for childcare programs that need to be spent by September 30, 2023; and
WHEREAS, the City of Wheat Ridge wishes to invest these funds in childcare
programs by the deadline; and
WHEREAS, the Wheat Ridge City Council approves the associated budget supplemental, allowing for the transfer of these funds into the General Programs expense account 01-622-650-660.
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The Mayor and City Council approve the budget supplemental.
Section 2. This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 28th day of August 2023.
________________________________
Bud Starker, Mayor
ATTEST:
___________________________________
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
ITEM NO: 1e
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 43-2023 – 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 $132,868 FOR THE PURPOSE OF AMENDING THE 32ND AVENUE BIKE LANES CONTRACT WITH DAVID EVANS & ASSOCIATES, INC. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Director of Community Development City Manager ISSUE:
A contract was previously awarded to David Evans & Associates, Inc. (DEA) for the 32nd
Avenue Bike Lanes project. After the contract award, the City received a transportation improvement (TIP) grant providing additional construction funding and the ability to provide better bike/ped facilities for the westbound direction. The TIP grant federalizes the process and increases the environmental clearance process. An amendment to the 32nd Avenue Bike Lanes
contract with DEA, in the amount of $132,868, is being presented for consideration to include
the additional design and environmental work associated with the TIP grant.
PRIOR ACTION: On August 22, 2022, City Council awarded a contract to DEA in the amount of $161.158.00, to provide preliminary design, final design, permitting, and bid services for the 32nd Avenue Bike
Lanes project.
Council Action Form – DEA Budget Supplemental August 28, 2023
Page 2
FINANCIAL IMPACT: The proposed fee for DEA’s additional services is $132,868, which includes $110,476 for
additional design work and $22,392 for additional work associated with the environmental
clearances. The DEA contract will be amended by $132,868 for a total contract amount of $294,026.
Funding for the initial scope for the design and permitting of the 32nd Avenue Bike Lanes project is budgeted in 2023 in the Renewal Wheat Ridge (RWR) Bond Fund budget. This budget does
not include adequate funding for this proposed amendment; however, there is adequate
unallocated funding in the Bond Fund to cover this expense.
BACKGROUND: DEA was originally awarded the design contract in August 2022. Subsequently, in September 2022, the City was awarded a Transportation Improvement Program (TIP) grant by Denver
Regional Council of Governments (DRCOG) to augment construction funding. DEA has been
working with CDOT to determine the full scope of the additional environmental work that will be required. With the addition of the $890,000 TIP grant, the project scope can be expanded to provide better facilities for bikes and pedestrians. The DEA scope of work needs to be expanded accordingly.
The original design included minimal widths for both travel lanes and bike lanes under the I-70
bridge in order to avoid widening the pavement, which would require extensive modifications to the existing slope paving and retaining walls. However, the TIP grant provides enough funds to widen the pavement and make the required changes to the CDOT infrastructure. Therefore, wider travel lanes under I-70 can better accommodate the truck traffic along this short segment
of 32nd Avenue. Additionally, wider bike lanes will be designed that will allow for a safer and
more comfortable experience for cyclists. In addition, a striped buffer between the travel and bike lanes will be added in the westbound direction that can later be converted to a third westbound travel lane should that become necessary.
At the time of DEA’s original contract award, it was also anticipated that the environmental
permitting required as part of the CDOT permitting process would be minimal due to the simpler
process associated with non-federalized CDOT permits. An abbreviated biological and historical analysis was anticipated to be the extent of the environmental analysis. However, with the award of the TIP grant and the associated requirement to follow the federal process, a more detailed biological and historical analysis will be required. In addition, a hazardous materials analysis,
along with a few other federal funding related tasks, will also need to be conducted as
requirements of the TIP funds.
This budget supplemental and contract amendment will allow for the City to provide a safer and more comfortable design for the new 32nd Avenue bike facilities under I-70. In addition, instead of the existing narrow sidewalk, a wider shared use path can be added on the north side. The
additional design and environmental work proposed within this contract amendment are not
anticipated to extend the design schedule; however, additional coordination with and review with other CDOT specialties, may subject the project to potential additional review periods.
Council Action Form – DEA Budget Supplemental August 28, 2023
Page 3
RECOMMENDATION: Staff recommends approving the budget supplemental in the amount of $132,868 for the
amendment to the DEA contract to allow for additional design and environmental work
associated with the federal grant process to proceed.
RECOMMENDED MOTION: “I move to approve Resolution No. 43-2023, 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 $132,868 for the purpose of amending the 32nd Avenue Bike
Lanes contract with David Evans & Associates, Inc.”
Or,
“I move to table indefinitely Resolution No. 43-2023, 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 $132,868 for the purpose of amending the 32nd Avenue Bike
Lanes contract with David Evans & Associates, Inc. for the following reason(s) ______________________.”
REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Civil Engineer II
Mark Westberg, Project Manager
Steve Nguyen, Engineering Division Manager Lauren Mikulak, Director of Community Development Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 43-2023
2. 32nd Avenue Bike Lanes – DEA Amendment #1
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2023
TITLE: 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 $132,868 FOR THE PURPOSE OF AMENDING
THE 32ND AVENUE BIKE LANES CONTRACT WITH DAVID EVANS & ASSOCIATES, INC.
WHEREAS, the City Council wishes to construct bike lanes on 32nd Ave from Xenon Street to Clear Creek Drive; and
WHEREAS, the Denver Regional Council of Governments awarded a
Transportation Improvement Program grant to construct bike lanes on 32nd Ave from Xenon Street to Clear Creek Drive; and
WHEREAS, a contract amendment has been negotiated with David Evans and Associates, Inc. to complete additional design and environmental work related to receiving the federal grant; and
WHEREAS, insufficient appropriations in the 2023 Renewal Wheat Ridge Bond Fund budget exist to cover additional identified expenditures for this contract; and
WHEREAS, there is adequate unallocated funding in the Renewal Wheat Ridge Bond Fund to cover this expense; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. A transfer of $132,868 is hereby approved from Fund 40 undesignated reserves to account 40-101-700-750.
DONE AND RESOLVED this 28th day of August 2023.
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
07/17/2023
ATTACHMENT A
AMENDMENT #1
SCOPE OF SERVICES
City of Wheat Ridge: 32nd Avenue Multimodal Improvements
Contract Agreement #22‐0641 CDOT Subaccount #25421
David Evans and Associates, Inc. (Consultant) is pleased to submit this supplemental scope of services
and fee estimate to the City of Wheat Ridge (Client) for additional tasks associated with the 32nd Avenue
Multimodal Improvements Project (the Project). This amendment is to provide additional design
services for accommodating a new bike lane on the north side of 32nd Ave under I‐70 and additional
environmental clearances identified by CDOT. Accommodation of the new bike lane requires curb and
gutter to be relocated, modifications to existing slope paving and an existing soil nail wall, relocation of
existing storm water catch basins and additional survey.
Task 1: Project Management and Administration
The Consultant Project Manager will coordinate, communicate, and provide oversight and guidance to
tasks outlined below. Administration services for invoicing and contract facilitation will be provided.
Includes labor for outreach and coordination with CDOT to move the project through CDOT’s Local
Agency requirements for TIP‐funded projects.
‐ Form 463
‐ Form 859 and construction schedule
Task 2: Survey
CDOT has identified the need for a Survey Control Diagram to obtain approvals for proposed
improvements to 32nd Avenue. The City’s preferred concept plan requires additional survey not
anticipated in the original project scope.
Task 2.1 Survey Control Diagram
The Consultant will prepare a Project Control Diagram to be included in the construction plan set. The
Project Control Diagram will be prepared to CDOT standards. It will graphically depict the location of the
control monuments used in performing the design topographic survey. The horizontal coordinates and
vertical values will be tabulated, and a statement of the datum used and a grid to ground scale factor
will be included on the Project Control Diagram.
Task 2.2 Additional Topography
With the relocation of the north curb line under I‐70 and the south curb line east of the Youngfield
Street and 32nd Avenue intersection as well as the reconfiguration of the median west of the bridge,
07/17/2023
2
additional topography is needed for design purposes. DEA will capture topography needed for plan and
profile purposes and for proposed reconfigurations to the median, slope paving and walls, utilities
including storm water grates and inverts, pavement, grade breaks, etc.
Assumptions:
One round of comments and revision assumed.
No additional right‐of‐way or easements will be needed. If right‐of‐way determination or
easements legal descriptions are needed, additional work will be agreed to in a separate
amendment.
Deliverables:
Survey Project Control Diagram
Additional topography to be integrated into design files
Task 3: Environmental Clearance for CDOT Categorical Exclusion
The Client was awarded Transportation Improvement Project (TIP) funding from DRCOG, so the Project
must adhere to the National Environmental Policy Act (NEPA) requirements for environmental
compliance. Based on coordination with CDOT Region 1 Environmental, the Project will be cleared with
a Programmatic Categorical Exclusion (CatEx) using CDOT Form 128. CDOT Region 1 will clear air quality,
noise, archaeology, paleontology, and Section 4f/6f, and no Consultant involvement is included for these
resources. Below is a description of environmental services that will be provided by the Consultant to
support the CatEx clearance.
Task 3.1 Hazardous Materials
The Consultant will conduct a Limited Hazardous Materials Assessment – Initial Site Assessment (ISA) for
hazardous materials for the project area. The assessment will generally conform to CDOT ISA
requirements detailed in CDOT’s Hazardous Material Guidance, dated June 2018. To complete this task,
the Consultant will conduct a visual site inspection of the project area. The purpose of the inspection is
to document environmental concerns. The Consultant will document the general site setting, such as
current use(s) of the project area and adjoining properties, and general hydrogeologic and topographic
features. The Consultant will provide a general description of structures and other improvements and
identify the following site conditions, if they are observed during the site inspection:
The quantity, type, and storage system for hazardous substances and petroleum products in
connection with identified uses.
Tanks, containers, drums, barrels, and other systems used for storing hazardous substances and
petroleum products not connected to identified uses.
Aboveground and underground storage tanks.
Pits, ponds, lagoons, and other features potentially used for storage and/or disposal of
hazardous substances and petroleum products.
Odors, pools of liquids, stained soils and pavement, and stressed vegetation.
Electrical equipment potentially containing polychlorinated biphenyls (PCBs).
Potential lead‐based paint (samples may need to be taken at additional cost).
A cursory inspection of the project area for potential asbestos‐containing materials.
07/17/2023
3
The Consultant will also conduct a search of records and files from a variety of sources and compile
information pertaining to current and past environmental conditions. This search may include the
following information:
Topographic, land use, and environmental resource maps.
Aerial photographs.
County and city records.
State and federal databases.
The Consultant will collect up to ten (10) bulk samples of suspect asbestos‐containing building materials
to be analyzed for asbestos by polarized microscopy. The Consultant will also perform a limited lead‐
based paint (LBP) screening of accessible painted structures, signs, and poles within the project area
using a hand‐held X‐Ray fluorescence (XRF) analyzer, per the manufacturer’s specifications.
Based on the information gathered during this record search and site inspection, the Consultant will
compile the information and findings into one detailed written report that includes the site description,
records review, site reconnaissance, and conclusions.
Deliverables:
Draft and final ISA
Assumptions:
Radon and lead in drinking water are excluded from the assessment.
Only materials that can be safely accessed will be sampled for asbestos and LBP.
Task 3.2 Biological Resources
The Consultant will conduct a desktop and field review to assess the project area for biological
resources, including general wildlife, prairie dogs, federally listed threatened and endangered (T&E)
species habitat, Colorado state listed species habitat, migratory birds, wetlands and waters of the U.S.,
and noxious weeds. Based on preliminary information of the project area, the Consultant assumes that
habitat for federal and state listed T&E species, and other protected species, such as prairie dogs,
raptors, and migratory birds is absent.
The Consultant will delineate all wetlands, open waters, and channels found within the project area.
Wetlands will be delineated following the methods for routine on‐site wetland determinations, in areas
of less than 5 acres, as described in the 1987 Corps of Engineers (Corps) Wetlands Delineation Manual
and appropriate regional supplement. Open water and channels will be determined based on the
presence of an ordinary high‐water mark (OHWM) as defined in 33 CFR Part 328. The Consultant will
map the boundaries of wetlands, OHWM, open water, and streambeds to submeter accuracy using a
Global Positioning System (GPS) unit.
The Consultant will prepare Biological Resources Report summarizing the biological resources, wetlands,
open waters, and channels found, the regulatory requirements, and mitigation recommendations
pertaining to these resources.
07/17/2023
4
Deliverables:
Draft and final Biological Resources Report
Assumptions:
No federal or state listed T&E species, or other protected species habitat occurs, the project
results in no effect to threatened and endangered species, and consultation with the US Fish
and Wildlife Service (FWS) is not included.
Species presence/absence surveys for listed species are not included, and if required by the
FWS, additional surveys will commence under a revised scope of work.
Task 3.3 Historic Resources
The Consultant will conduct a file search and literature review of the project area to assist in
determining whether the project has the potential to cause effects on historic properties under Section
106 of the National Historic Preservation Act (NHPA) and the Colorado State Register Act. Sources
include historical aerial photography, U.S Geological Survey quadrangles and highway maps, county
assessor records, and the Office of Archaeology and Historic Preservation’s (OAHP) Compass database.
Based on a preliminary project review, no previously documented historical resources are present in the
existing ROW in the project area. According to historical aerial imagery, West 32nd Avenue is 45 years or
older and within the project area, but the linear resource will not need to be documented given the
limited proposed project effects (bike lanes, relocating curbs and sidewalks, and striping). The
Consultant will compile the records search results in a memorandum to CDOT recommending a
determination of “no historic properties affected” on historical historic properties (per 36 CFR
800.4{d}{1}) and that no further compliance is required for historical resources.
Deliverables:
Draft and final Historic Resources Memorandum
Assumptions:
The Consultant will coordinate with CDOT to define the Area of Potential Effect (APE) for the file
search and literature review.
The project will not require right‐of‐way acquisition or easements from any adjacent parcels. If
the right‐of‐way acquisitions or easements are needed from any parcels containing historical
buildings or structure 45 years or older, additional work will commence under a revised scope of
work.
West 32nd Avenue will not require documentation.
If any adverse effect to historic properties occur that would require mitigation, additional work
will commence under a revised scope of work.
Task 3.4 Stormwater Management Plan
The Consultant will evaluate the area for stormwater concerns and complete a Stormwater
Management Plan (SWMP) for the project area, according to CDOT guidance and following the CDOT
SWMP template. The Consultant assumes that less than one acre of disturbance is likely. The SWMP will
include site description data including an analysis of soils, vegetation, pollutant sources, surface
07/17/2023
5
hydrology, and a proposed sequencing of construction activities. The SWMP will also include maps with
the locations of construction site boundaries, disturbances, cut and fill areas, waterways and wetlands,
sensitive natural and cultural resources, and staging and stockpiling areas. The plan will identify the
stormwater administrator, outline the administrator’s responsibilities, define best management
practices (BMPs) that will be implemented during construction and maintenance, and indicate any
interim and permanent stabilization measures that may be required. The Consultant will complete the
Structural BMPs/Control Measure, and the Non‐Structural BMPs/Control Measure matrices, and provide
a complete tabulation of the inputs needed for BMPs/control measures applicable to the project. The
SWMP will include a plan for managing stormwater during construction, will include a revegetation plan
with appropriate native species, and will outline BMPs for soil storage, conditioning, and application.
Lastly, the Consultant will incorporate the biological impacts of the project, including any impacts to
wetlands, streams, and T&E species.
Deliverables:
90% (FOR), and 100% (Final) SWMP
Task 4: Design Services
The original scope of services assumed the north curb and curb near the southeast corner of the
Youngfield and 32nd Ave intersection would not be relocated. The recommended proposed concept
developed in collaboration with the City, has the north curb line being relocated under the I‐70 bridge
structures and west of the Youngfield and 32nd Ave intersection, on the south side of 32nd Ave. Impacts
anticipated with these curb and gutter relocations include modifications to slope paving and the existing
wall, stormwater catch basin relocations, median reconfiguration, pavement tie‐ins, utilities, and ADA
ramp rebuilds. Initial grading will also determine if curb walls or retaining walls will be needed to not
impact current right‐of‐way.
Task 4.1 Soil Nail Wall Design and Plans
The Consultant will develop retaining wall design, plans, and specifications for a retaining wall located
along the north abutment of the I‐70 over 32nd Ave Bridge.
The retaining wall is required due to the change in alignment of the sidewalk on the north side of 32nd
Ave. The retaining wall will retain soil supporting I‐70 and the I‐70 over 32nd Ave bridge abutment.
Retaining wall design shall be in accordance with AASHTO LRFD Specifications and CDOT Bridge Design
Manual (BDM) requirements.
The Consultant will determine the retaining wall alignment based on the project requirements,
determine the structural layout alternatives, and establish structure type alternatives. The Consultant
will evaluate the wall structure alternatives and select the optimum structure layout, type, and size
based on evaluation criteria in the CDOT BDM. The Consultant will then provide the following:
1) Structure Selection Report in accordance with CDOT BDM including preliminary quantities and
cost estimates, and preliminary general layout. The Structure Selection Report will review a
07/17/2023
6
maximum of three (3) retaining wall types (CIP, Soil Nail, and MSE; or other as directed by the
City).
2) Final Design of the retaining wall including design calculations and independent design
calculations (if applicable per the CDOT BDM).
3) Final and AD plans including independent detail review and quantity check.
4) Specification(s) for soil nail wall, if required.
5) CDOT Bridge Final Submittal per CDOT BDM E.4.
Deliverables:
Wall Structure Selection Report, 90% and AD Wall Plans and Specifications
Assumptions:
The current condition is an existing soil nailed block wall which wraps around the northwest
corner of 32nd Ave. and Youngfield and slope paving under the I‐70 highway corridor. It is
anticipated that a small portion of the block soil nail wall, as well as the slope paving, will be
modified to accommodate relocated sidewalk and curb and gutter. The Consultant assumes
construction of a single retaining wall that is a soil nail wall type with a maximum exposed
height of ten feet and total length of 200 feet appropriately tying into the existing block soil nail
wall on the northwest corner of 32nd Ave and Youngfield.
Soil nail wall is assumed to include soil nails, temporary shotcrete facing, and permanent cast‐in‐
place facing with aesthetic form liner treatment. The Consultant shall review other soil nail wall
configuration with the City prior to submitting the Structure Selection Report.
The soil nail wall plans and structure selection report are not included in the 30% submittal due
to project schedule. The Structure Selection Report will be submitted between 30% and 90% to
obtain CDOT Bridge concurrence prior to performing final design. 30% and 60% submittals are
not included in this scope of work.
The Consultant will request a retaining wall structure number from CDOT after CDOT review of
the Structure Selection Report and at least 3 weeks prior to 90%/FOR submittal.
A foundation investigation is not required and will be based on existing information and
conservative assumptions. See Shannon and Wilson, Inc. Scope of Work for additional
information.
Task 4.2 Additional Roadway/ Utility Design Services
The Consultant will provide additional design services related to relocation of curb and gutter east of
Youngfield Street and 32 Avenue along the south side (appx. 160 feet) and on the north side of 32nd
Avenue from the Youngfield Street and 32nd Avenue intersection to west of the I‐70 bridges (appx. 310
ft.). This work will impact existing slope paving and a soil nail wall under I‐70, the median west of I‐70,
two ADA ramps, sidewalk, crosswalks, paving, two catch basins, and existing landscaped improvements.
The Consultant will address these issues to conform with applicable Federal, State, and local standards
and requirements.
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Assumptions:
The City will prepare specifications for the project with the exception of Special Provisions which
will be prepared by the Consultant.
With the extent of work identified to meet the current preferred concept for accommodating
new bike lanes, no additional SUE services are anticipated to be required.
Other than curb inlets being installed to appropriate locations in the newly relocated curb and
gutter, no additional utilities are anticipated to be impacted or require relocation.
No street or parking lights, traffic signals, or pedestrian push buttons are anticipated to be
impacted requiring relocation.
Deliverables:
Will include deliverables as outlined in the City of Wheat Ridge recorded agreement #22‐0641, SS‐22‐32nd
Avenue Multimodal Improvements under Task 6.3 and 6.4 for the 90% (FOR), and 100% (Final) submittals.
Task 6.3 Deliverables:
Pre‐Final 90% Design Plans (based on 30% sheet index)
Pre‐Final 90% Drainage Report
Pre‐Final 90% Specifications
Pre‐Final 90% OPCC
Task 6.4 Deliverables:
Final 100% Design Plans (based on 90% sheet index)
Final 100% Drainage Report
Final 100% Specifications
Final 100% OPCC
07/17/2023
8
APPENDIX
SUBCONSULTANT SCOPE OF SERVICES
FEE ESTIMATE
Discipline / Sub Consultants
Classification Project Manager Project Manager Administrative
Assistant
Project
Accountant Survey Manager Project Surveyor GPS Surveyor Senior Survey
Technician
Structural Senior
Designer
Engineering
Technician
CAD Technician
II Engineer I Engineering Task
Leader
Stormwater
Designer Agency Liason Planning Task
Leader
Personnel Jeff Snelling Curtis
Gemaehlich Carrie Herczeg Terri O'Brien Gary Leak Ramon Sanchez Ryan Heinl Kody Hanley Cody Keraga Charlie Davis Michael Gardner Trevor Przybyla Jesse Giuliano Joslyn Lafond Sara Ciasto Michael Gloden
Raw rate
Loaded Rate (3.02 Multiplier)
Rate 250$ 250$ 120$ 130$ 220$ 157$ 133$ 130$ 188$ 110$ 105$ 144$ 180$ 125$ 250$ 196$
Task 1‐ Project Management and Administration 1084400000004006844 9,144$
Project Management and Administration 10 4 4 4 8 30 6,068$
Form 463 4 1 5 826$
Form 859 & Construction Schedule 8 1 9 2,250$
Task 2‐ Survey 20007301010000000 059 9,380$
Task 2.1 Survey Control Diagram 1620 27 4,710$
Task 2.2 Additional Topography 1 1 10 10 10 32 4,670$
Task 3‐ Enviromental Clearance for CDOT CatEx 4000000000001244 42102 16,892$
Task 3.1 Hazardous Materials 1 4 5 1,034$
Task 3.2 Biological Resources 1 30 31 6,130$
Task 3.3 Historic Resources 1 4 5 1,034$
Task 3.4 Stormwater Management Plan 1 12 44 4 61 8,694$
Task 4 ‐ Design Services 70000000401101507028 0387 48,560$
Task 4.1 Soil Nail Wall Design and Plans 3 40 110 150 10 313 37,560$
Task 4.2 Additional Roadway/ Utility Design Services 4 60 2 8 74 11,000$
Personnel Hours Total 23844730101040110150741452650592 $ 83,976
ERO Resources Inc $11,092
Shannon & Wilson $37,690
GPS Rental $110
TOTAL 132,868$
Project Management/ Administration Civil and Wall Design
Cost
Survey
Hours
Environmental
ITEM NO: 1f
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AMEND THE CONTRACT WITH SUNLAND
ASPHALT AND CONSTRUCTION, LLC FOR THE
RECREATION CENTER PARKING LOT REPAIR PROJECT
TO ALLOW FOR AN ADDITIONAL CONTINGENCY AMOUNT OF $55,000 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $589,400.72 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_________________________ Director of Public Works City Manager ISSUE: A contract for the repair of the Recreation Center parking lot was approved by City Council in
June 2023 in the amount of $485,900.72 plus a staff-managed contingency of $48,500 for a total
not-to-exceed contract amount of $534,400.72. Staff is requesting that the contingency amount be increased by an additional $55,000 to account for additional work on the project that has been identified since contract award. Specifically, the project would install additional ADA-accessible parking stalls, enhanced striping for electrical vehicle parking, and drainage improvements along
the rear access road to the facility. This would increase the total not-to-exceed amount of the
contract to $589,400.72. PRIOR ACTION: A contract with Sunland Asphalt and Construction, LLC of Littleton, Colorado was approved by
City Council on June 26, 2023, for repair of the Recreation Center parking lot.
Council Action – Amendment to Recreation Center Parking Lot Repair Project August 28, 2023
Page 2
FINANCIAL IMPACT: $1,832,725.00 was budgeted for design and construction of this project in the 2023 budget from the Urban Renewal Authority (URA) bond funds. Repairs, consisting of a mill and overlay with a
geotextile fabric installation below the pavement, was bid in lieu of complete reconstruction
resulting in a lower overall cost. Sunland’s bid was within the Engineer’s Estimate for this work.
Originally, a 10% staff-managed contingency of $48,500 was recommended to account for unknown circumstances that might be encountered on the project. Additional contingency of $55,000 is requested to complete additional work that was identified after developing the bid documents. The 10% contingency and additional contingency will only be utilized as needed to
pay for items not already in the plans.
Construction Budget $1,832,725.00
Contract Amount $485,900.72
10% Contingency $48,500.00
Additional Contingency $55,000.00
Total not-to-exceed Costs $589,400.72
Available Remaining Budget $1,243,324.28
BACKGROUND: The following improvements would be added to the project:
• Relocate and increase the number of ADA-accessible parking stalls from eleven to fourteen
with the associated striping, pedestrian detection, and concrete sidewalk modifications; and
• Install curb and gutter to replace portions of the existing concrete channel along the rear access road and install a new rip rap channel to improve drainage; and
• Install enhanced electrical vehicle striping
RECOMMENDATION:
Staff recommends that City Council approve, by motion, an amendment to the contract with Sunland Asphalt and Construction, LLC to increase the contingency amount by $55,000. RECOMMENDED MOTION: “I move to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center parking lot repair project to allow for an additional contingency amount of $55,000, for a
total not to exceed amount of $589,400.72.”
Or,
“I move to deny amendment of the contract for the Recreation Center parking lot repair project for the following reason(s) _______________________________________________________.”
REPORT PREPARED/REVIEWED BY:
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENT: 1. Additional Work Sketches
ATTACHMENT 1
ITEM NO: 2
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCILBILL NO. 20-2023 - AN ORDINANCE AMENDING
SECTIONS 11-561, 11-566 AND 26-114 OF THE WHEAT
RIDGE CODE OF LAWS, CONCERNING THE HOTEL LICENSING PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING (08/14/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/28/2023)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Deputy City Manager City Manager
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. Council conducted a review of the ordinance on June
12, 2023, and provided consensus for some updates to the Wheat Ridge Code of Laws.
This item passed first reading on August 14, 2023, and was published on August 17, 2023. Since first publication, staff identified two additional suggested improvements to the code to provide clarity for licensees. The changes as outlined below are not program changes but are simple
clarifications of the program as it is currently being implemented. As a result, Section 2 is included
in the attached ordinance in red font with minor changes in capital letters for Council’s consideration. The two changes are as follows:
1. Section 11-564.2 clarifies that the City’s expectation is that the licensee participates in the certified crime free hotel/motel program ANNUALLY
2. Section 11-564.6 clarifies that the security plan MUST BE REVIEWED ANNUALLY
CAF - Hotel Licensing Code Update Date: August 28, 2023
Page 2
PRIOR ACTION: City Council approved this ordinance on first reading on August 14, 2023. A motion was made
by Councilmember Hoppe and seconded by Councilmember Dozeman and was approved by a
vote of 8 to 0.
On July 15, 2019, staff presented options to City Council for an extended stay lodging ordinance. Based on input from City Council at the study session, staff sent a framework from the proposed ordinance to several regional hotel operators and received comment back in September 2019
from one operator.
On June 28, 2021, unanimous consensus was received from City Council to direct staff to draft a hotel licensing and extended stay ordinance and to reach out to the Wheat Ridge business community for feedback. A copy of the draft ordinance and a frequently asked question
document was sent to all motel business owners and managers in Wheat Ridge on August 13,
2021. A virtual meeting was held on August 30, 2021, to receive input from the motel industry on the draft ordinance. On October 25, 2021, City Council passed ordinance 1723 with an effective date of November
12, 2021.
On June 12, 2023, staff presented an update to Council regarding hotel licensing program and described some of the challenges caused by the current code language. Council provided consensus to prepare an ordinance updating the code to address the following:
• Making extended stays without an approved extended stay addendum a hotel licensing violation. This amendment provides a more direct and logical enforcement avenue to enforce the length of stay provision (29 days) set forth in the original ordinance. Licensees that permit extended stays without a City issued extended stay addendum
would be subject to license suspension/revocation under the updated Code language.
• Clarifying the length of stay calculation to consecutive days anywhere on the property and including a provision that guests must vacate the property for sixty (60) days for the stay to not be considered an extended stay. This amendment provides clarity to hotel
management about the City’s expectation that guests stays are restricted to twenty-nine (29) days or less unless the Licensee’s property offers required extended stay amenities as set forth in the ordinance.
• Clarifying the types of calls included and excluded in the calls for service (CFS) rate
calculation. For example, severe weather days as declared by the Severe Weather Shelter
Network are excluded from the CFS calculation. Calls for fire or medical assistance without police response, or police-initiated calls including officer-initiated traffic stops or routine patrols are excluded from the CFS calculation. This amendment provides clarity to hotel management about how exactly the CFS rate is calculated.
• Reducing the validity of the special use permit to six months from one year. This amendment reduces the “grace period” offered to a hotel during property renovations from 24-months to 12-18 months, depending on application submittals.
CAF - Hotel Licensing Code Update Date: August 28, 2023
Page 3
FINANCIAL IMPACT: The update to the code has no financial impact.
The current hotel license fee is $300 annually. Due to the expected expense of fulfilling the extended stay requirements through renovations, there is no charge for an extended stay addendum. The City’s lodging tax rate is 10%, in lieu of sales tax. This tax generated $2,094,008 in revenues in
2022 - $1,004,941 to the General Fund; $626,548 to the Crime Prevention Fund; $420,506 to the
Capital Improvement Program Fund; and $42,013 to the Housing Fund. City Council allocated $500,000 of ARPA funds to help long-term residents in the City’s hotels find permanent housing through an innovative partnership with Family Tree.
BACKGROUND: The intent of the hotel licensing ordinance is to address the significant public safety and other related concerns involving City hotels. At the time Council was considering this licensing program, the nine hotels in Wheat Ridge represented less than 0.05% of the total number of households and businesses
in the City yet accounted for approximately 10% of the total police calls for service.
As a result of ordinance 1723, hotels in Wheat Ridge must have a hotel license, in addition to their regular business license, to operate. To receive a hotel license, hotels must do the following:
• Have achieved and maintain a call for service (CFS) rate of 1.8 (2022 metric) within 12 months of initially receiving a hotel license. On January 1, 2023, the CFS requirement was reduced to 1.5 and will remain at 1.5 under the current ordinance.
• Participate in the City’s certified crime free hotel/motel program.
• Make necessary corrective actions in response to the annual hotel/motel inspection coordinated by the Police and Community Development Departments.
• Comply with the City’s landscape inspection program.
• Comply with applicable building codes.
• Have a current and approved Wheat Ridge Police Department (WRPD) security plan on file with the City.
• Not offer guest stays of more than 29 days without obtaining an extended stay addendum to
the hotel license. To obtain an extended stay addendum, properties must meet certain criteria including: o Units must be at least 300 square feet with a separate living room of at least 120 square feet.
o Cooking facilities must be in units including a refrigerator, cooktop, dedicated sink
and cabinets with cooking and dining supplies.
o Maximum occupancy per room is two persons per dedicated bedroom. o Adequate storage must exist per unit. o Housekeeping must be available.
o 24-hour desk staffing.
o WIFI must be available within the room charge.
CAF - Hotel Licensing Code Update Date: August 28, 2023
Page 4
o In-room or common area laundry facilities. o Properties must include three of the following common area amenities:
Business center;
Fitness center;
Swimming pool;
Meeting areas or conference rooms; or
On-site restaurant or other food options.
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. Since the adoption of the ordinance, a 19% reduction in criminal complaints and criminal activity within a geographical area approximately ¼ mile from the 170/Kipling corridor has been recorded. The reduction in crimes in and around the
hotels was a major contributor to the 26% overall crime reduction citywide last year.
When the hotel regulations were developed and adopted, Wheat Ridge had nine (9) hotels. Shortly thereafter, the Howard Johnson hotel located at 44th Avenue and Ward Road sold to 2nd Chance Homes, Inc. and was rezoned to Mixed Use-Commercial (MU-C) on January 10, 2022. In January
2023, Terrapin Hospitality, the owner of the Holiday Inn Express in Wheat Ridge, purchased the
American Motel at 10101 W Interstate 70 Frontage Rd. Trinsic Residential Group is now under contract with Terrapin to purchase the property by January 2024 for a scrape of the current structure and construction of a 350 multi-unit residential development. In May 2023, the Best Interstate Inn at 4735 Kipling Street sold to Ville Property Management out of Salt Lake, Utah. Ville is in the
process of requesting a rezoning of the property to MU-C and plans to renovate the property to
create a deeply affordable multi-unit community complete with case management and onsite services. The remaining six hotels are all properly licensed and monitored for compliance with the regulations
contained in the hotel ordinance.
At the time the regulations were developed, staff was aware that numerous individuals and households were using the hotels for long-term lodging. To help these residents find permanent housing, City Council allocated $500,000 of ARPA funds to a contract with Family Tree to provide
case management services, rental deposits, and other assistance. To date, $221,040 has been spent on
these services with 21 households housed, a total of 43 individuals. RECOMMENDATIONS: Staff recommends approval of this ordinance.
RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2023, an ordinance amending sections 11-561, 11-566, and 26-114 of the Wheat Ridge Code of Laws, concerning the hotel licensing program on second reading, and that it takes effect 15 days after final publication.”
Or,
CAF - Hotel Licensing Code Update Date: August 28, 2023
Page 5
“I move to postpone indefinitely Council Bill No. 20-2023, an ordinance amending sections 11-
561, 11-566, and 26-114 of the Wheat Ridge Code of Laws, concerning the hotel licensing
program” for the following reason(s) _________________.” REPORT PREPARED BY; Nick Klein, Associate Attorney
Allison Scheck, Deputy City Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 20-2023 (as amended)
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 20
ORDINANCE NO. 1772 Series 2023 TITLE: AN ORDINANCE AMENDING SECTIONS 11-561, 11-566, AND 26-114 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE HOTEL
LICENSING PROGRAM
WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority the Council has previously adopted hotel licensing regulations, codified as Wheat Ridge Code of Laws (“Code”) Article XVI of Chapter 11, to regulate hotel businesses in order to reduce illegal and criminal activity in hotel establishments and ensure they are operated in a manner compatible
and consistent with other City licensed businesses; and
WHEREAS, the Code requires the Council to conduct a review of the implementation of the hotel licensing program and consider any amendments deemed appropriate in response to the review; and
WHEREAS, the Council conducted the Code required review of the hotel
licensing program at the June 12, 2023 Special Study Session; and
WHEREAS, the Council finds and determines that amendments to the Code to properly enforce the hotel licensing program’s extended stay provisions, better define the calls for service rate, and reduce the time an extended stay special use permit remains in effect are necessary to the continued success of the City’s hotel licensing
program.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. The below definitions in Code Section 11-561 are amended to read as follows:
Sec. 11-561. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ATTACHMENT 1
Calls for service are public initiated dispatched calls for police assistance that are generated by the community, through a call or text to 911 or the non-emergency line. CALLS FOR SERVICE INCLUDES COMMUNITY
CALLS FOR ANY POLICE RESPONSE SUCH AS NON-CRIMINAL
ACTIVITY, DISTURBANCES, SUPICIOUS VEHICLES OR PERSONS, AND CRIME REPORTS. CALLS FOR SERVICE DOES NOT INCLUDE CALLS FOR FIRE OR MEDICAL ASSISTANCE WITHOUT POLICE RESPONSE, CALLS INITIATED BY THE WHEAT RIDGE POLICE
DEPARTMENT, OFFICER INITIATED TRAFFIC STOPS, ROUTINE
PATROL, OR 911 HANG UPS WITHOUT POLICE RESPONSE.
Calls for service rate is equal to the total calls for service at the licensed premises divided by the total number of hotel rooms in the applicable period. CALLS FOR SERVICE RECEIVED ON SEVERE WEATHER
DAYS, AS DECLARED BY THE SEVERE WEATHER SHELTER
NETWORK, ARE NOT INCLUDED IN A HOTEL’S CALLS FOR SERVICE RATE CALCULATION.
Section 2. Code Section 11-564 is amended as follows:
Sec. 11-564. - Eligibility requirements for hotel license.
No hotel license shall be issued or maintained under this article unless
and until the applicant provides sufficient information to establish, and the treasurer reviews and determines the sufficiency of the same, of the following requirements:
(1) The applicant shall have achieved and maintained a call for
service (CFS) rate of 1.8 within twelve (12) months of obtaining a
hotel license. The required CFS rate shall be decreased to 1.5 on January 1, 2023. The city may in its sole discretion permit extensions of the twelve (12) month period, not to exceed a total of an additional six (6) months during which time the hotel license shall be deemed
extended.
(2) The applicant shall demonstrate ANNUAL participation in the city's certified crime free hotel/motel program, as evidenced by the approval of the Wheat Ridge Police Department.
(3) The applicant shall have made all necessary corrective actions
in response to matters identified through the city's most recent annual
hotel/motel inspection program report for the subject location, which program is enforced through the city's police and community development departments, in cooperation with applicable fire protection districts.
(4) The applicant shall demonstrate compliance with the city's landscape inspection program, as applicable and as certified by the community development department.
(5) The applicant shall demonstrate compliance with the applicable series of adopted international building and property codes applicable to the subject property, including the International Property
Maintenance Code, as demonstrated by certification from the city's
chief building official.
(6) The applicant shall establish and maintain an approved security plan, including crime prevention through environmental design, video surveillance, security guards, fencing, and lighting, WHICH MUST BE
ANNUALLY as approved by the city's police department.
Section 3. Code Section 11-566(a) is amended by the addition of a new subsection (10) to read as follows:
Sec. 11-566. - Suspension or revocation of license: grounds.
(a) The treasurer may suspend or revoke a hotel license upon the
treasurer's finding of any of the following facts in the treasurer's
reasonable discretion, based upon available information. It is not required that any criminal conviction be obtained to support the treasurer's administrative action.
(10) THE LICENSEE HAS PERMITTED EXTENDED STAY
LODGING WITHOUT AN APPROVED EXTENDED STAY
LICENSE ADDENDUM ISSUED PURSUANT TO SECTION 11-568.
(1) FOR PURPOSES OF THIS SECTION, THE LENGTH OF A GUEST’S STAY AT ANY LICENSED PREMISES SHALL
BE MEASURED BY CONSECUTIVE OVERNIGHT STAYS
AT ANY LOCATION WITHIN THE LICENSED PREMISES. ADDITIONALLY, THE DURATION OF EXTENDED STAY LODGING ON A LICENSED PREMISES SHALL CONTINUE TO ACCRUE UNLESS THE GUEST VACATES
THE LICENSED PREMISES FOR SIXTY (60)
CONSECUTIVE DAYS.
Section 4. Code Section 26-114(g) is amended to read as follows:
g. Term.
1. A special use permit is valid so long as the conditions of approval
are maintained by the applicant unless a specific time limit for the
use or development is set forth as part of the permit approval by the community development director or city council. Except as otherwise provided herein, if an approved special use ceases operation for any reason for a period of one (1) year, the special
use permit shall be deemed expired, unless otherwise provided in the permit itself. If an approved special use for a medical marijuana center, retail marijuana store, HOTEL AS DEFINED BY SECTION 11-561, or collocated center and store ceases operation for any
reason for a period of six (6) months, the special use permit shall be deemed expired, unless otherwise provided in the permit itself.
2. If the conditions of a special use permit become the responsibility
of a person or entity other than the applicant, the community
development department shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the applicant shall remain responsible for maintaining those conditions. The notice shall be
attached to the permit on file with the community development
department. A special use permit for a medical marijuana center, a retail marijuana store, A HOTEL AS DEFINED BY SECTION 11-561, or a collocated center and store may be transferred to a person or entity other than the original applicant only upon the
review and approval of the community development director. It shall
be the burden of the proposed new permit holder to demonstrate that its continuation of the special use shall meet the special use review criteria set forth in section 26-114.D.
Section 5. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of August 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 August 28, 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 28th day of August 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: August 17, 2023 Second Publication: August 31, 2023
Effective Date: September 15, 2023
Published: Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 3
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2023 – AN ORDINANCE GIVING
NOTICE OF AND CALLING FOR SUBMITTING A BALLOT
QUESTION AT THE CITY’S REGULAR NOVEMBER 7, 2023 ELECTION CONCERNING THE ISSUANCE OF DEBT AND AN EXTENSION OF THE EXPIRING SALES AND USE TAX OF ONE-HALF OF ONE CENT (0.50%) TO PAY SUCH DEBT; AND OTHER MATTERS RELATED THERETO PUBLIC HEARING ORDINANCES FOR 1ST READING (08/14/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/28/2023)
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ City Manager
ISSUE:
On July 17, 2023, City Council directed staff to move forward with a ballot question for the November 2023 election to extend the City’s one-half of one cent (0.50%) sales and use tax for 20 years and to issue debt to finance up to $75 million in public infrastructure improvements. These improvements would include sidewalk, bike lane and street improvements along primary street corridors, sidewalk gap construction and other sidewalk maintenance along major pedestrian
corridors and routes to schools and drainage and floodplain infrastructure improvements at priority locations in the City. To include this question on the 2023 ballot, the City Council must set the final ballot language and submit it to the Jefferson County Clerk and Recorder by September 8th. Setting the ballot language
by ordinance requires a first reading on August 14th and a second reading and public hearing on August 28th to meet this deadline. The attached ordinance accomplishes this.
CAF – Notice of Election August 28, 2023
Page 2
PRIOR ACTION: City Council approved this ordinance on first reading on August 14, 2023. A motion was made
by Councilmember Weaver and seconded by Councilmember Hultin and was approved by a vote
of 8 to 0.
On April 3, 2023, results from a survey conducted between March 9 to March 23 by Magellan Strategies to obtain input from Wheat Ridge residents and to measure support for or against this ballot measure were presented to City Council. Sixty-eight percent (68%) of respondents to this
survey indicated they would likely support a ballot measure to extend the one-half of one cent
sales and use tax for a variety of public infrastructure projects at the November 7th election. On June 12, 2023, results from the Resident Survey conducted in March 2023 by Polco NRC were presented to City Council. The Resident Survey included two questions measuring
residents support for this ballot measure. Seventy-seven to eighty-four percent (77% to 84%) of
respondents to this survey said they would support a ballot measure to fund street, sidewalk and drainage improvements. On July 17, 2023, results from a second survey conducted between June 26th and July 7th by
Magellan Strategies to obtain input from Wheat Ridge residents and to measure support for or
against this ballot measure were presented to City Council. Seventy-nine percent (79%) of respondents indicated they would support the ballot measure as drafted in this ordinance. FINANCIAL IMPACT:
Based on estimated sales and use tax revenues for fiscal year 2023, a one-half of one cent
extension of the tax rate would generate approximately $5.2 million in 2024. Over 20 years that would result in approximately $126 million which would net out approximately $75 million in available project funds upon sale of the bonds.
BACKGROUND:
In 2016, Wheat Ridge voters approved a ½ cent temporary sales and use tax increase and authorized the issuance of debt in the amount of $33 million for four public infrastructure projects. The tax increase will expire on December 31, 2028 or when $38.5 million is raised, whichever occurs first. City staff anticipates the temporary tax increase will generate $38.5
million and hit the cap by late 2024. The $33 million was allocated for the following projects:
Clear Creek Crossing – new access ramps off I-70 for a 100-acre mixed use development including a new Intermountain Healthcare Lutheran medical campus, multi-family housing, Life Time Fitness health club, hotels, new restaurants, and shopping. The access ramps are complete.
Anderson Park – modernization of the park to include upgrades to the Anderson Building recreation center and outdoor pool, baseball field replacement with a multi-purpose sports field, reconstruction of soccer field and upgrade of park pavilion. This project is complete.
Wadsworth Boulevard – reconstruction of Wadsworth between 35th Avenue and I-70 to include
additional lanes to decrease congestion, continuous sidewalks on both sides of the street for
CAF – Notice of Election August 28, 2023
Page 3
improved pedestrian and bicyclist mobility, and enhanced streetscape and landscaping. This project is underway.
Wheat Ridge – Ward Commuter Rail Station – reconstruction of the adjacent streets, new traffic signals, pedestrian bridge over the rail line, and pedestrian access improvements to facilitate redevelopment and economic development opportunities in the area surrounding the rail station. This project is underway.
The Mayor and City Council held a planning retreat with staff on January 20 and 21 to review past accomplishments and to plan for the future. This year’s retreat focused primarily on a discussion about a potential November 2023 ballot measure to extend the City’s temporary ½ cent sales tax; for a number of years beyond 2024 and to issue debt to provide funding for
additional, critical capital improvement projects across the City.
City Council and staff participated in a facilitated exercise at the retreat to prioritize which unfunded capital improvement projects should be considered next for funding. Projects under consideration included:
• Recreation Center Expansion
• Sidewalks and street improvements along 38th Avenue from Youngfield to Kipling
• Sidewalks and street improvements along 38th Avenue from Wadsworth to Harlan
• Wider sidewalks along 44th Avenue from Ward to Kipling
• Improvements on 44th Avenue including new signals and pedestrian crossings between
Kipling and Ward
• Sidewalks along Youngfield Street from 38th to 44th Avenue
• Sidewalks and bike lanes on 32nd Avenue from Kipling to Wadsworth
• Sidewalk gap improvements throughout the city with emphasis on areas near transit and
schools
• Drainage and floodplain infrastructure improvements throughout the city The City sought resident input on a proposed ballot measure through three separate survey
instruments. Consistent and strong support was received from respondents to all three surveys. Staff also worked with an engineering firm to develop rough cost estimates for each of the defined projects. RECOMMENDATIONS:
Based on the consistent and strong support received from respondents to all three surveys and the cost estimates for the proposed projects, Staff recommends that City Council approve this ordinance to submit ballot language for the November 7, 2023 election to extend the City’s current one-half of one cent sales and use tax for 20 years with the authority to bond for the following public infrastructure projects:
• Sidewalk, bike lane and street improvements on primary street corridors such as 32nd Ave., 38th Ave., 44th Ave, and Youngfield St.
CAF – Notice of Election August 28, 2023
Page 4
• Filling sidewalk gaps and other sidewalk repair and replacement with an emphasis on
major pedestrian corridors and routes to schools
• Drainage and floodplain infrastructure improvements at priority locations in the City RECOMMENDED MOTION:
“I move to approve Council Bill No. 21-2023, an ordinance giving notice of and calling for submitting a ballot question at the City’s regular November 7, 2023 election concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto, on second reading, and that it takes effect immediately upon adoption.”
Or, “I move to postpone indefinitely Council Bill No. 21-2023, an ordinance giving notice of and calling for submitting a ballot question at the City’s regular November 7, 2023 election
concerning the issuance of debt and an extension of the expiring sales and use tax of one-half of one cent (0.50%) to pay such debt; and other matters related thereto, for the following reason(s) _________________________________________________________________________.” REPORT PREPARED BY;
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 21-2023
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER Council Bill No. 21
Ordinance No. 1773 Series of 2023
TITLE: AN ORDINANCE GIVING NOTICE OF AND CALLING FOR SUBMITTING A BALLOT QUESTION AT THE CITY’S REGULAR
NOVEMBER 7, 2023, ELECTION CONCERNING THE ISSUANCE OF DEBT AND AN EXTENSION OF THE EXPIRING SALES AND USE TAX OF ONE-HALF OF ONE CENT (0.50%) TO PAY SUCH DEBT; AND OTHER MATTERS RELATED THERETO
WHEREAS, the City of Wheat Ridge (the “City”), is a Colorado home rule municipal corporation duly organized and existing under laws of the State of Colorado and the City Charter (the “City Charter”); and
WHEREAS, the members of the City Council of the City (the “City Council”) have
been duly elected and qualified; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer’s Bill of Rights (“TABOR”) requires voter approval for any new tax, any
increase in any tax rate, the creation of any debt, extension of an expiring tax, and the
spending of certain funds above limits established by TABOR; and WHEREAS, the City will hold a regular election on November 7, 2023, as a coordinated election pursuant to the Uniform Election Code of 1992, as amended; and
WHEREAS, TABOR requires that the City submit ballot issues, as defined in TABOR, to the City’s registered electors on specified election days before action can be taken on such ballot issues; and
WHEREAS, November 7, 2023, is one of the election dates at which TABOR
ballot issues may be submitted to the registered electors of the City pursuant to TABOR; and WHEREAS, the City Council hereby determines that it is necessary to submit to
the electors of the City, at a regular election to be held on November 7, 2023 (the “Election”), the questions of increasing the debt of the City to construct the improvements as described in the ballot question below (the “Project”), and to pay such debt by extending the originally approved sales and use tax approved by the voters at the 2016 election and not imposing any new tax (the “debt question”); and
ATTACHMENT 1
2
WHEREAS, the Council is authorized to refer questions to the voters by the Home Rule Charter and by CRS 31-11-111; and
WHEREAS, the Council desires to give notice of and call submitting a ballot
issue to the voters of the City at a regular election to be held as a coordinated election on November 7, 2023; and
WHEREAS, it is necessary to set forth certain procedures concerning the conduct of the Election.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Ballot Question Election Called. Pursuant to the Wheat Ridge City
Charter Sections 2.2 and 6.3 and CRS 31-10-501 and 31-11-111, the City hereby gives
notice of and calls for the submittal of a ballot question at a Regular Municipal Election to be held November 7, 2023, for the purpose of referring the Ballot Question set forth in Section 2 to the voters of the City.
Section 2. Ballot Question Referred to Voters
SHALL THE CITY OF WHEAT RIDGE DEBT BE INCREASED BY UP TO $75 MILLION, WITH A REPAYMENT COST OF NOT MORE THAN $125 MILLION, AND SHALL THE ONE-HALF OF ONE CENT (0.50%) SALES AND USE TAX APPROVED
BY THE VOTERS OF THE CITY IN 2016 BE EXTENDED, WITH THE PROCEEDS OF
SUCH TAX, AND OTHER SALES AND USE TAX REVENUE AS THE CITY MAY DETERMINE, BE USED FOR THE PAYMENT OF THE 2017 BONDS ISSUED UNDER THE AUTHORITY OF THE 2016 ELECTION AS WELL AS THE DEBT AUTHORIZED BY THIS QUESTION, SUCH DEBT TO BE ISSUED FOR CAPITAL IMPROVEMENT
PROJECTS OF THE CITY INCLUDING:
• SIDEWALK, BIKE LANE AND STREET IMPROVEMENTS ON PRIMARY STREET CORRIDORS SUCH AS 32ND AVE., 38TH AVE., 44TH AVE, AND YOUNGFIELD ST.
• FILLING SIDEWALK GAPS AND OTHER SIDEWALK REPAIR AND REPLACEMENT WITH AN EMPHASIS ON MAJOR PEDESTRIAN CORRIDORS AND ROUTES TO SCHOOLS
• DRAINAGE AND FLOODPLAIN INFRASTRUCTURE IMPROVEMENTS AT PRIORITY LOCATIONS IN THE CITY; AND, TO THE EXTENT FUNDS ARE AVAILABLE, TO PAY DOWN THE 2017 BONDS,
AND SHALL SUCH ONE-HALF OF ONE CENT (0.50%) SALES AND USE TAX EXPIRE UPON THE EARLIER TO OCCUR OF THE PAYMENT IN FULL OF THE BONDS OR DECEMBER 31, 2043; SUCH DEBT TO BE SOLD IN ONE SERIES OR
3
MORE AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE CITY MAY
DETERMINE, INCLUDING PROVISIONS FOR REDEMPTION OF THE DEBT PRIOR
TO MATURITY WITH OR WITHOUT PAYMENT OF A PREMIUM OF NOT TO EXCEED 3.00%; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX AND PROCEEDS OF SUCH DEBT, AND ANY OTHER REVENUE USED TO PAY SUCH DEBT, INCLUDING ANY INTEREST AND INVESTMENT INCOME
THEREFROM, BE COLLECTED AND SPENT BY THE CITY AS A VOTER-
APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?
YES: _____
NO: ______
Section 3. Conduct of Election. The election shall be conducted as a coordinated election in Jefferson County in accordance with articles 1 to 13 of title 1, C.R.S. (the “Uniform Election Code”), and Intergovernmental Agreement (the
“Intergovernmental Agreement”) between the Board of County Commissioners of
Jefferson County, the Jefferson County Clerk and Recorder (the “County Clerk”) and the City of Wheat Ridge.
Section 4. Setting of Title and Protests. For purposes of CRS 31-11-111, this
Ordinance shall serve to set the title and content for the ballot issues set forth herein and the ballot titles for such questions shall be the text of the questions themselves. Any protest to the ballot titles shall be filed in writing with the City Clerk within five (5) business days following the date of adoption of this Ordinance and shall be resolved
thereafter by the City Council following a hearing with published notice. The officers of
the City are hereby authorized to enter into one or more intergovernmental agreements with the County for the conduct of the Election pursuant to CRS 1-7-116. Any such intergovernmental agreement heretofore entered into in connection with the Election is hereby ratified, approved and confirmed.
Section 5. Authorized Action. The City Clerk and other City officials and employees are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance.
Section 6. Ongoing Authorization of Debt Increase. If a majority of the votes cast on the debt question submitted at the Election shall be in favor of increasing debt as provided in such debt question, the City, acting through the City Council, shall be
authorized to proceed with the necessary action to increase debt in accordance with
such debt question.
Section 7. Election Contests. Pursuant to CRS 1-11-203.5, any election
contest arising out of a ballot issue or ballot question election concerning the order of
4
the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is
set.
Section 8. Ratification of Prior Actions. All actions not inconsistent with the provisions of this Ordinance heretofore taken by the members of the City Council and
the officers and employees of the City and directed toward holding the election for the
purposes stated herein are hereby ratified, approved and confirmed.
Section 9. Repealer. All prior acts, orders or resolutions, or parts thereof, by the
City in conflict with this Ordinance are hereby repealed, except that this repealer shall
not be construed to revive any act, order or resolution, or part thereof, heretofore repealed.
Section 10. Severability. If any section, paragraph, clause, or provision of this
Ordinance shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Ordinance, it being the intention that the various parts hereof are severable.
Section 11. Effective Date. This Ordinance shall take effect upon final adoption and signature by the Mayor as permitted by Section 5.11 of the Home Rule Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of August 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 August 28, 2023, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
ADOPTED on second and final reading following public hearing and ordered
published by a vote of ___ to __ on the 28th day of August 2023.
SIGNED by the Mayor on this ________ day of ____________________, 2023.
Bud Starker, Mayor
ATTEST:
Steve Kirkpatrick, City Clerk
5
Approved as to Form
______________________________
Gerald E. Dahl, City Attorney
First Publication: August 17, 2023 Section Publication: August 31, 2023 Jeffco Transcript Effective Date: August 28, 2023
ITEM NO: 4
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 22-2023 – AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED AT 7575 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-23-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (08/28/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/25/2023) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Community Development Director City Manager ISSUE: The City owns the former Bank of the West property at 7575 W. 44th Avenue and is proposing a
zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change
will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses.
PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on August 17, 2023, and
recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials.
FINANCIAL IMPACT: The proposed zone change ordinance is not expected to have a direct financial impact on the City.
BACKGROUND:
The subject property is currently owned by the City. On August 14, 2023, City Council approved Ordinance No. 1770, Series 2023, approving the sale of the property to Foothills Regional Housing (“Foothills”) in anticipation of Foothills including the parcel with the larger Ives
Council Action Form – Proposed Rezoning at 7575 W. 44th Avenue August 28, 2023
Page 2
affordable housing development. If the sale is completed, any future development plans for the site would have to be approved by the City prior to development.
The property is located on the east side of Wadsworth Boulevard between W. 44th Avenue and W. 45th Avenue. The site is zoned Commercial-One (C-1) and is entirely surrounded by Mixed Use-Commercial (MU-C) zoning. Surrounding land uses are non-residential in nature, including a propane business, the former Pep Boys building, and the office building owned by Foothills.
Recent development projects in the area include Foothills Ives development to the north, and the
Town Center and Town Center North Apartments to the southeast at 44th Avenue and Vance Street. According to a recent survey, the property is 15,425 square feet (.35 acres) in size. The property
contains a single-story bank building which dates to 1973, is approximately 6,625 square feet in
size, and was most recently a Bank of the West. The City is currently utilizing the building as storage and as construction offices for the Wadsworth Improvement Project. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth
Improvement Project began construction in November 2021. It will expand roadway capacity,
improve safety for all users, and provide continuous sidewalks. The subject parcel was acquired as part of the Wadsworth project; the land needed for right-of-way removed all parking and per the federal process resulted in a full acquisition. The western and southern portions of the parcel have been dedicated for right-of-way, and the building remains but is landlocked. This site is part
of the Wadsworth Corridor Urban Renewal Plan Area (URPA) and exempt from the City Charter
height and density limitations, meaning it can exceed the Charter limits of 21 dwelling units per acre, 35 feet in height for residential uses, and 50 feet in height for nonresidential uses. Current Zoning
The current zone district, C-1, is a legacy zone district dating back to 1972 and was established
to provide commercial land uses which include office, general business, and retail sales and service establishments. It was originally designed for and is more often seen on larger properties with adjacency to commercial corridors. The C-1 zone district does not allow residential development.
Proposed Zoning
The City is proposing a zone change to MU-C. The MU-C zone district is generally located along major commercial corridors and at community and employment activity centers and was established to encourage medium to high-density mixed-use development. In addition to residential and civic uses, it allows for a wide range of commercial and retail uses.
The MU-C zone district is more appropriate than C-1 in terms of allowed land uses and will expand the permitted uses on the subject property. In addition, the MU-C zoning will provide more uniform zoning in this area and on the block.
The City legislatively rezoned a portion of the Wadsworth Corridor to MU-C in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The
Council Action Form – Proposed Rezoning at 7575 W. 44th Avenue August 28, 2023
Page 3
boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. Property owners were allowed to “opt out” of the rezoning, and the only two parcels that
opted out were the subject property and the adjacent property (Bank of the West and the Pep
Boys parcels). A rezoning of the subject property to MU-C would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, and to achieve more uniform zoning on the block.
A full analysis of the zone change criteria will be provided in the Planning Division staff report
at second reading.
RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application.
As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading.
First reading in these cases is a procedural action that merely sets the date for the (second reading)
public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited.
The Planning Division staff report and Planning Commission minutes will be included in the City
Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2023, an ordinance approving the rezoning of property
located at 7575 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) on first reading, order it published, public hearing set for Monday, September 25, 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.”
REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner I Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 22-2023
ATTACHMENT 1
CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 22 ORDINANCE NO. 1774 Series of 2023 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7575 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO. WZ-23-06) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, the City of Wheat Ridge has submitted a land use application for approval of a zone change to the Mixed Use-Commercial (MU-C) zone district for property located at 7575 W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan—
Envision Wheat Ridge— which specifically designates the area along Wadsworth, including the subject site, as a priority for improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties; and, WHEREAS, a rezoning to MU-C would unify zoning in the area and facilitate a more cohesive redevelopment with the surrounding parcels; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on August 17, 2023, and recommended approval of rezoning the property to Mixed Use-Commercial (MU-C), NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7575 W. 44th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A TRACT OR PARCEL OF LAND NO. RM-39 OF THE CITY OF WHEAT RIDGE, STATE OF COLORADO, PROJECT NO. M- 01-015 (COOT PROJECT NO. NHPP 1211-086; PROJECT CODE 21006) CONTAINING 15,435 SQ. FT. (0.354 ACRES) OF LAND, MORE OR LESS, BEING A PORTION OF THAT PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED AT RECEPTION NUMBER 89074573, IN THE JEFFERSON COUNTY COLORADO CLERK AND RECORDER'S OFFICE ON AUGUST 30, 1989, LYING IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
Commented [AOL1]: Wording?
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, IN JEFFERSON COUNTY, COLORADO, SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 23 (A 3 1/4" BRASS CAP ON PIPE IN RANGE BOX STAMPED "LS 13212"), WHENCE THE CENTER-NORTH SIXTEENTH CORNER OF SAID SECTION 23 (A 3 ¼” BRASS CAP ON PIPE IN RANGE BOX STAMPED “LS 11434”), BEARS N.00° 10’09” W., A DISTANCE OF 1,321.98 FEET; THENCE N.25°16’41” E., A DISTANCE OF 199.57 FEET, TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND AS DESCRIBED IN THE QUIT CLAIM DEED RECORDED AT RECEPTION NUMBER 89074573, SAID POINT BEING THE POINT OF BEGINNING; 1. THENCE ALONG SAID NORTH LINE, N. 89°41’34” E., A DISTANCE OF 129.50 FEET; 2. THENCE S. 89°41’34” W., A DISTANCE OF 108.85 FEET; 3. THENCE N. 82°05’31” W., A DISTANCE OF 10.50 FEET; 4. THENCE N. 00°10’09” W., A DISTANCE OF 128.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 28th day of August 2023, ordered it published with Public Hearing and consideration on final passage set for Monday, September 25, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2023. SIGNED by the Mayor on this _______ day of _______________, 2023. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: August 31, 2023 2nd publication: Jeffco Transcript: Effective Date:
ITEM NO: 5
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2023 – AN ORDINANCE AMENDING
CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S SUBDIVISION AND DEVELOPMENT REVIEW REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING (08/28/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (09/11/2023) RESOLUTIONS
QUASI-JUDICIAL: YES NO
_ ____________________________
Community Development Director City Manager ISSUE: The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City’s subdivision and development review requirements. The ordinance accomplishes three
main goals: 1) to prioritize meaningful public engagement and education intended to inform the
public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross-references within the Code to ensure it is easy to understand and administer.
PRIOR ACTION: This topic was discussed with City Council in a study session on April 17, 2023 at which time Council provided consensus for staff to proceed with a code amendment.
Planning Commission reviewed this ordinance at a public hearing held on August 17, 2023 and
recommended approval by a vote of 7 to 0. A copy of the draft Planning Commission minutes
will be provided with the second reading materials.
Council Action Form –Subdivision and Development Review Process August 28, 2023
Page 2
FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City.
BACKGROUND: Current Code The City’s subdivision requirements are found in Article IV of Chapter 26 and were last comprehensively updated in 2014 when Ordinance 1547 repealed an older subdivision code and replaced it with a new version. Since 2014, approximately 125 subdivision applications have
been processed by the City. The subdivision code has been periodically updated since 2014 as
other ordinances have been adopted, including the recent adoption of Ordinance 1762 in May 2023 (the “subdivision code cleanup” ordinance), but the overall subdivision review process has not been comprehensively analyzed.
Wheat Ridge is a rarity in that many subdivisions are required to go to public hearings at
Planning Commission and/or City Council, with few exceptions. Currently, subdivisions containing 3 lots or fewer are administrative (staff) review only, 4-5 lots require a Planning Commission hearing, and 6 or more lots require Planning Commission and City Council approval. As discussed with City Council at the April 17, 2023, study session, Wheat Ridge’s
subdivision review procedures are increasingly out of alignment with other cities in the metro
area and nationwide, are challenging to navigate, and do not rely on best practices of public engagement. Additionally, the subdivision and development review processes are contained within multiple
sections of Chapter 2 and Chapter 26 and are frequently duplicated or rely on cross-references.
Best Practices of Public Engagement Lessons learned from public engagement efforts and staff training include a more sophisticated understanding of how to engage or inform the public in a given situation. Council and staff have
increasingly prioritized meaningful public engagement and clear public information, in keeping
with national trends and best practices. For example, public hearings are now available online, letter notice for public hearings has been expanded to renters and the distance increased from 300 to 600 feet, posting signs have been updated, and an online “properties and projects” map is in development to help people learn about active developments and public projects with an
anticipated launch date in Q4 of 2023.
At its strategic planning retreat on February 20, 2021, City Council identified new efforts of community engagement and education as a priority for the next two years. As a result, City staff established the Community Involvement Task Force (CITF) in early 2021 and established a
Community Involvement Strategy as the guiding document. Its framework is based on the
principles of the International Association of Public Participation (IAP2), and it distinguishes between three types of involvement:
• Inform/Educate/Celebrate
• Consult
• Involve
Council Action Form –Subdivision and Development Review Process August 28, 2023
Page 3
Because a public hearing includes a request for public comment and testimony, it is considered consulting the public. The promise made to the community when consulting is that the
community’s comments and feedback will be considered in the decision-making process.
Consulting is best deployed when input or feedback from the community would be helpful in determining alternatives or there is the need to understand community desires. From the public’s standpoint, public hearings invite comment that will be considered as part of
the decision making; when comment is not considered (or able to be considered), the hearing
process introduces division, confusion, frustration, and mistrust. From the developer standpoint, hearings on subdivisions introduce uncertainty, are inconsistent with other communities, lengthen the overall development process, and add cost and risk into the approvals process. From staff’s standpoint, we undermine public trust, expend significant resources, introduce liability if
approvable subdivisions are not approved by decision makers, and put the City at a competitive
disadvantage. Peer Communities and National Standards Wheat Ridge’s subdivision review requirements put it out of alignment with other communities
and best practice. Specifically, it is very rare for a City Council to review any subdivision
application, with the exception of right-of-way vacations. Nearby peer communities have significantly reduced public hearing requirements for plats, and many do not have any public hearings at all, including Aurora, Boulder, Fort Collins, Thornton, Denver, and Commerce City. At a national level, public hearings for subdivisions are also used more sparingly than in Wheat
Ridge, and not at all in many cases. Many cities and states are seeking to streamline their
subdivision review processes to reduce barriers to developing permitted uses, as hearings introduce risk and lengthen the time from application to approval. Recent presentations made to staff by other municipalities and the American Planning
Association (APA) highlight subdivision processes as being a barrier to housing development
and reinvestment. The APA Equity in Zoning Policy Guide recommendations include only requiring public hearings “when there is a genuine need to use discretion in applying zoning criteria and standards to the facts of a specific development proposal.” In the case of subdivision applications, there is no discretion because an application either meets the underlying zoning
requirements or it does not, and the subdivision is being proposed for a use or development type
that is already allowed on the property. PROPOSED ORDINANCE: The ordinance consists of several changes, which are outlined below, and are based on the
consensus of City Council from the April 17, 2023, study session, with additional input from the
City Attorney. Overall Process Changes A significant change with this proposed ordinance is to remove public hearing requirements for
most subdivision plats and to change the terminology associated with subdivisions. As stated
above, administrative review is currently limited to subdivisions consisting of 3 or fewer lots
Council Action Form –Subdivision and Development Review Process August 28, 2023
Page 4
(administrative subdivision). Planning Commission reviews and approves plats consisting of 4-5 lots (minor subdivision). City Council reviews and approves subdivisions of over 6 lots (major
subdivision) after a Planning Commission recommendation hearing. Major subdivisions also
include any subdivision continuing a waiver or variance, any subdivision dedicating a full street of right-of-way, and any subdivision containing right-of-way vacations. The removal of public hearing requirement for most subdivisions will be replaced by a public notice requirement for approved subdivisions over a certain size (see next section below).
The proposed ordinance creates the following subdivision types:
• Type I Subdivision: Includes all subdivisions of any number of lots/sizes that do not include a waiver/variance or right-of-way (ROW) vacation. These are eligible for
administrative review due to the non-discretionary nature of the application because all
requirements of the underlying zoning are being met (use, development standards, etc.).
• Type II Subdivision: Includes any subdivision that requires a waiver or variance for approval. Requires Planning Commission review due to the fact that waivers/variances contain discretionary review criteria (i.e., an applicant is attempting to get certain zoning
development standards waived or modified).
• Right-of-Way Vacations: If accomplished by plat, ROW vacations will continue to require City Council review (after PC recommendation) due to the disposal of City property. ROW vacations may also occur by ordinance.
A large majority of subdivisions previously requiring public hearings will become eligible for administrative review (Type I Subdivisions). Subdivisions requiring variances or waivers (Type II Subdivisions) will no longer require City Council review, as this is atypical, but will retain the requirement for Planning Commission review due to their discretionary nature. The terms
“administrative subdivision”, “minor subdivision”, and “major subdivision” will be removed from the code in favor of Type I and Type II. As part of the proposed changes, Article IV (the subdivision code) will be simplified to reduce duplication with Section 26-106 (the review process chart) and Section 26-118 (right-of-way
vacations). This requires the removal or modification of certain sections to simplify the code and to include the new subdivision terminology. It also clarifies existing processes on right-of-way dedication and vacation. Public Notice for Certain Subdivision Approvals
In lieu of public hearings, the ordinance will require public notice upon subdivision approval for subdivisions over two (2) acres. Property owners and occupants within 600 feet of the subject property will be notified that a subdivision has been approved within 15 days of final approval. The letter will be in plain language and will include a description of the approved subdivision, zone district information, and information regarding construction hours and permit requirements.
This strategy is consistent with the Community Involvement Strategy and is meant to inform the public with balanced, accurate, and objective information. Staff is working on the final form of this letter and an updated draft will be provided with the second reading materials.
Council Action Form –Subdivision and Development Review Process August 28, 2023
Page 5
The two (2) acre threshold for notice was based on the size of a half city block in Wheat Ridge more typical of larger-scale infill development. The purpose of the notice is to inform neighbors
of development of a size that would be visually impactful and may have more substantial
construction impacts. The notice will not apply to lot line adjustments where no new lots are being created, or to consolidation plats for existing developments which will not result in the creation of additional new lots for development.
Updates to Review Process Chart (26-106)
The review process chart in Section 26-106 is meant to be a summary of the required processes for all types of land use case approvals. The chart will be updated to include the new subdivision terms described above. At the recommendation of the City Attorney, the ordinance will also add an appeals column which will allow for an easier understanding of the appeal body for certain
land use cases eligible for appeals; previously the only reference to appeals were buried in the
sections for each type of land use case. Lastly, the update removes the requirement for the Urban Renewal Authority to review some land use applications, including subdivisions, ROW vacations, and variances, as their bylaws, enabling statute, and intergovernmental agreements do not require this.
Cleanup of Chapter 2 – Responsibilities of the Planning Commission Section 2-60 of the Code concerns responsibilities of the Planning Commission. It is generally duplicated by other section in Chapter 26, including the review process chart in 26-106. This ordinance removes some sections of this chapter to reduce duplication and relies on the language
“as prescribed by chapter 26” to outline the review responsibilities of the Planning Commission.
It also removes references to outdated language and subdivision terms. Per the City Attorney, it is not necessary to have responsibilities of the Planning Commission in the Code multiple times. RECOMMENDATIONS:
Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2023, an ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review
requirements, and making conforming amendments therewith, on first reading, order it
published, the public hearing set for Monday, September 11, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen (15) days after final publication.”
Or,
“I move to postpone indefinitely Council Bill No. 23-2023, an ordinance amending Chapter 2 and Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s subdivision and development review requirements, and making conforming amendments therewith for the
following reason(s): _______________________________________.”
Council Action Form –Subdivision and Development Review Process August 28, 2023
Page 6
REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner
Jana Easley, Planning Manager
Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS:
1. Council Bill No. 23-2023
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 23
ORDINANCE NO. 1775 Series 2023 TITLE: AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S
SUBDIVISION AND DEVELOPMENT REVIEW REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, the Council has prioritized meaningful public engagement and education including the implementation of the Wheat Ridge Speaks online engagement platform, the Let’s Talk Neighborhood Engagement program, and the support of staff’s
efforts to create and implement the Community Involvement Strategy; and
WHEREAS, the Council recognizes that the current subdivision review processes and public hearing requirements often conflict with the desire to inform rather than consult the public regarding development activities when the proposed uses are already permitted by the underlying zoning; and
WHEREAS, the Council recognizes the need to reduce duplication and
unnecessary cross-references within the Code of Laws to ensure codes are easy to understand and administer; and
WHEREAS, the Council recognizes that there is the need to inform the public of larger subdivision applications that will result in greater impacts to the community and to
provide balanced information in plain language.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 2-53 of the Wheat Ridge Code of Laws, concerning boards and commissions, is hereby amended as follows:
…
(d) Notwithstanding any other provision in this section, the following voting rules shall be in effect for all matters requiring decision by the board of adjustment, or, where appropriate, the planning commission, to grant any variance, waiver, temporary building or use permit, or any interpretation (or for any matter requiring decision by the
ATTACHMENT 1
planning commission or the city council under subsection 26-6(D) or the zoning ordinance of the city):
…
Section 2. Section 2-60 of the Wheat Ridge Code of Laws, concerning responsibilities of the planning commission, is hereby amended as follows in subsections (e), (h), (i), and (j):
…
(e) The planning commission shall hold a public hearing on all land use cases as prescribed by chapter 26. The staff shall provide a written staff report to the planning commission prior to the meeting, which shall contain a staff recommendation on the case which will be based in part on how the requested change conforms to the adopted comprehensive plan. The planning commission
shall pass a resolution which makes a recommendation to the city council.
…
(h) After holding a public hearing on major subdivision plats, the planning commission shall make a recommendation to the city council, with final action taking place at the city council. Public hearings shall be conducted following
procedures outlined in the subdivision regulations.
(i) Minor subdivision plats shall be heard and approved by the planning commission at a public hearing. Public hearings shall be conducted following procedures outlines in the subdivision regulations.
(j) Wherein the planning commission has denied a minor subdivision, an
applicant may appeal that decision to city council.
Section 3. Section 26-106 of the Wheat Ridge Code of Laws, containing the review process chart for land use approvals, is hereby amended as follows, including a new column for appeal processes and new footnotes:
Approval
Requested Pre-Application Final Notes
Reference
Appeal
Staff Neighborhood Staff PC CC BOA URPC
Site Plan 4 X A A § 26-111
Mixed Use Concept Plan X 5 X A § 26-1116
Mixed Use Conditional Use Permit
X A § 26-1118 BOA
Major Subdivision X H H URA ART IV
Minor Subdivision Type II Subdivision
X H URA Appeal to CC ART IV
CC
Administrative Subdivision Type I Subdivision
X A ART IV
Planned
Development: Outline Development
Plan (ODP)
X X H H URA 2 ART III
Planned Development: Specific Development Plan (SDP)
X H H6 URA ART III CC
Planned Development:
Outline Development Plan Amendment
X X H H URA 2 ART III
Planned Development:
Specific Development Plan
Amendment
X A H7 A ART III
Rezoning, Private X X H H URA 2 § 26-112
Rezoning, City X H H URA 2 § 26-113
Special Use X X A H8 URA A § 26-114 Appeal to CC
CC
Variance—Administrative A A Appeal to BOA § 26-115.C
BOA
Variance—Non-administrative
H URA § 26-115.C
Temporary Permit H A § 26-115.D
Interpretation A Appeal1 to
BOA § 26-115.E
BOA
Administrative
Adjustments to the Official Zoning Map
A Appeal to
CC § 26-119.E
CC
Historic Designation H URA ART IX
Planned Bldg. Group
4 X A H9 A 3 § 26-116 Varies10
Floodplain Permit—Class I
A § 26-8068 BCAB
Floodplain Permit—Class II
4 X A § 26-8068 BCAB
Right-of-way Vacation, by ordinance
X H H URA § 26-118
Right-of-way Vacation, by plat
X H H § 26-118
1 Reserved.
2 Right of protest applies: See section 5-10 of the Home Rule Charter and Code subsection 26-112.C.7.
3 If four (4) or more buildings are proposed, planning commission review is required.
4 A pre-application may not be required based on the complexity of the project.
5 Neighborhood meetings for mixed use concept plan applications are required only for sites of ten (10) acres in
size or larger. ;hg0;
6 City council review is required for a specific development plan only if ODP and SDP applications are submitted
concurrently. Planning commission is the final authority for an SDP submitted separate from and subsequent
to ODP approval.
7 Planning commission review of SDP amendments only required in some circumstances. Refer to section 26-307.
8 City council review for special use permits is only required upon appeal by an applicant of a decision of denial
by the community development director, or the receipt of an objection by adjacent property owners. Refer
to section 26-114.
9 Planning commission review for planned building group only required in some circumstances. Refer to section
26-116.
10 If reviewed administratively, appeal to PC. If reviewed by PC, appeal to Jefferson County District Court.
Key:
PC: Planning commission
CC: City council
BOA: Board of adjustment
X: Meeting required
H: Public hearing required
A: Administrative review
URPC: Urban Renewal Plan compliance required: If "A" is noted, administrative review; if "URA" is noted,
review by Wheat Ridge Urban Renewal Authority is required — see section 26-226.
BCAB: Building Code Advisory Board
Section 4. Section 26-111.A of the Wheat Ridge Code of Laws, describing application of site plan review requirements, is hereby amended as follows:
A. Application. The requirements of this section apply to site development on
property for which the use proposed is a use by right, is other than a single-
unit dwelling or two-unit dwelling, and for which subdivision or planned development district approval is not sought. The requirements for site plans required in planned development zone districts are found in those district regulations. This section establishes the purpose, graphic and informational
requirements for site development review required in instances other than
planned development districts, including all site development within any mixed-use zone district established in article XI.
Section 5. Section 26-115.C of the Wheat Ridge Code of Laws, regarding
variances, is hereby amended as follows with the insertion of a new subsection 4 and the appropriate renumbering of the current subsections 4 and 5 to 5 and 6:
…
4. Variances and waivers for subdivision applications. The planning commission is empowered to hold public hearings to hear and
decide upon subdivision applications which include variance or waiver requests as described in section 26-409 and defined herein as Type II Subdivisions.
…
Section 6. Section 26-118 of the Wheat Ridge Code of Laws, concerning right-
of-way vacations, is amended as follows:
Street right-of-way vacations can occur by ordinance or by final plat and can be initiated by either the City of Wheat Ridge or by a private party.
A. Vacation by plat. When a right-of-way streetis being vacated as part of the
platting process it shall be graphically shown and shall be designated as being “hereby vacated by this plat.” The document for vacation in this instance shall follow the form and content of a final plat and shall be processed as a major subdivision in accordance with article IV. All submittal requirements of the platting process shall be provided by the applicant. There
shall not be an additional charge for processing of the vacation in this instance. When a right-of-way was previously dedicated by a plat, it shall be vacated by plat. B. Vacation by ordinance. Applications for vacation by ordinance may also be originated by the City of Wheat Ridge or by a private property owner. When a
right-of-way was previously dedicated by separate instrument, it can be vacated by ordinance or by plat. If a city-initiated vacation, the engineering division city shall prepare a legal description of the right-of-way proposed to be vacated attached to an administrative process application signed by the
mayor of the City of Wheat Ridge or his or her representative. The filing fee in this instance shall be waived. The city will provide all other supplemental information required to process the city-initiated application. If a private party
is applying for the vacation, he or she will be responsible for the preparation
and submittal of an application package including the following items: 1. …
…
Section 7. Section 26-404 of the Wheat Ridge Code of Laws, concerning definitions for the subdivision regulations in Article IV, is amended as follows, with new definitions added in the appropriate alphabetical order:
…
Administrative subdivision: See subdivision, administrative.
…
Major subdivision: See subdivision, major.
Minor subdivision: See subdivision, minor.
…
Subdivision, administrative: Any subdivision, consolidation, or lot line adjustment that
involves three (3) or fewer lots or parcels, conforms to all subdivision and zoning
regulations, and does not include the dedication of a public street. See section 26-405.
Subdivision, major: Any subdivision, consolidation, or lot line adjustment that does not meet the definition of an administrative or minor plat, including any plat with a right-of-way vacation or the dedication of public streets. See section 26-405.
Subdivision, minor: Any subdivision, consolidation, or lot line adjustment that involves
four (4) or five (5) lots or parcels, conforms to all subdivision and zoning regulations, and does not include the dedication of a public street. See section 26-405.
Subdivision, Type I: Any subdivision, consolidation, or lot line adjustment that conforms to all subdivision and zoning regulations, and does not include right-of-
way vacation, waiver, or variance. This subdivision type shall be reviewed and approved administratively.
Subdivision, Type II: Any subdivision, consolidation, or lot line adjustment that requires a waiver or variance for approval and does not include right-of-way vacation. This type of subdivision requires planning commission approval.
…
Section 8. Section 26-405 of the Wheat Ridge Code of Laws is hereby repealed and the section number reserved.
Section 9. Section 26-406 of the Wheat Ridge Code of Laws, regarding review procedures for subdivisions, is amended as follows, including the addition of new subsections G and H:
…
B. Administrative plat review procedure. Type I Subdivision review procedure.
1. Application filing. An application packet shall be submitted to the community development department. Staff will review the application for completeness in accordance with the submittal requirements in section
26-410. If staff determines the application is not complete, it will be
returned to the applicant and not further processed until the incomplete items have been supplied. 2. Review and referral. Upon receipt of a complete application packet the community development department will review the application and refer
the application to affected departments and agencies for review and
comment. The applicant must address all comments and resubmit relevant documents. 3. Decision. After the review period, staff will prepare written findings with a recommendation. The community development director shall review the
plat and approve, approve with conditions, or deny the plat.
C. Minor and major plat review procedure.Type II Subdivision review
procedure.
1. Application filing. An application packet shall be submitted to the community development department. Staff will review the application for
completeness in accordance with the submittal requirements in section 26-410. If staff determines the application is not complete, it will be returned to the applicant and not further processed until the incomplete items have been supplied. 2. Review and referral. Upon receipt of a complete application packet the
community development department shall proceed with the following process: a. Staff will review the application and refer the application to affected departments and agencies for review and comment. The applicant must address all comments and resubmit relevant documents.
b. After the review period, staff will give notice of scheduled public hearings on the application before the planning commission, and if needed, the city council. Notice shall be by publication, letter, and site posting in the manner provided in section 26-109. c. Staff will prepare a written report to the planning commission which
evaluates the proposal, makes findings, and makes a
recommendation. 3. Public hearing.Planning commission public hearing. The planning commission shall hold a public hearing to review the plat and to hear and consider any evidence or statement presented by the applicant,
city staff, or by any person in attendance at the public hearing. The
decision shall be based upon the facts presented in the public hearing pursuant to the procedures and review criteria for variances and waivers in section 26-409 and/or 26-115, whichever is applicable.
a. Planning commission review. The planning commission shall hold a public hearing to review the plat and to hear and consider any evidence or statement presented by the applicant, city staff, or by any person in attendance at the public hearing. Any recommendation or decision shall be based upon the facts
presented in the public hearing and in consideration of the regulations and standards of this article and article II of this chapter. i. Minor subdivision. The planning commission shall make a decision to either approve, approve with conditions, or deny the application. The decision by the planning commission is
final for minor subdivisions. ii. Major subdivision. The planning commission shall make a recommendation of approval, approval with conditions, or denial of the application. The recommendation shall be forwarded to city council for final action.
b. City council review. City council shall review and decide upon all
major subdivision applications at a public hearing. Upon receipt of the final plat and accompanying recommendations, the city council shall either approve, approve with conditions, deny, or refer the plat back to planning commission for further review. City council shall
base its decision upon all evidence presented, with due
consideration of the regulations and standards of this article and article II of this chapter.
…
E. Review considerations. Decisions on subdivision applications are technical
and non-discretionary in nature. The regulations and standards of this article
shall be used by the city council, planning commission, and community development director in judging the merits of the application submitted for review. Because variance and waiver applications are discretionary in nature, for Type II subdivisions the planning commission shall base its decision in
consideration of the extent to which the review criteria within sections 26-115 and 26-409 have been met.
F. Appeal. Because of the technical and non-discretionary nature of subdivision decisions, and appeal may be filed only when a decision is based in whole or in part on an incorrect finding of compliance with these regulations. Type I
subdivisions are not eligible for appeal because of their technical and non-discretionary nature. The planning commission’s decision on Type II subdivisions may be appealed to the City Council at a public hearing in accordance with section 26-109 only as follows:
1. Appeals may be filed only by the applicant or property owner.
2. A written appeal shall be submitted to the community development department within ten (10) days of a decision.
3. Any appeal of the community development director’s decision shall be
heard by the planning commission at a public hearing in accordance with section 26-109.
4. Any appeal of the planning commission’s decision shall be heard by the city council at a public hearing in accordance with section 26-109.
G. Notice of subdivision approval.
1. Upon approval of a subdivision in which the total gross size is two (2) acres or greater, the community development department shall send by first class mail, a notice of subdivision approval to adjacent property owners and occupants within six hundred (600) feet of the subject property.
2. The letter shall include a description of the approved subdivision, zone district information, and information regarding construction hours and requirements, in a form determined by the community development director.
3. This notice of subdivision approval shall be mailed within fifteen
(15) days of subdivision approval by the community development director.
4. Failure of a property owner or occupant to receive a mailed notice shall not invalidate the approval of the subdivision and shall not be regarded as constituting inadequate notice.
5. The notice requirements of this subsection G shall not apply to plats of any size that are described by one of the following: 1) lot line adjustments where only existing lot lines are shifting, including lot line adjustments for previously-approved townhouse plats; or, 2) consolidation plats for properties which contain existing and
completed development for the sole purpose of eliminating unnecessary lot lines and which will not result in the creation of additional new lots for development.
H. Right-of-way vacation. Any plat containing a right-of-way vacation shall be processed as a right-of-way vacation by plat pursuant to the
requirements in section 26-118.
Section 10. Section 26-409 of the Wheat Ridge Code of Laws, regarding variances and waivers for subdivisions, is amended as follows:
A. Review procedure. Any subdivision application that includes a request for a
variance or waiver shall be processed as a major Type II subdivision and
reviewed by planning commission and city council.
B. Variance. Where a subdivider proposes a plat that does not fully comply with the development standards contained in these regulations or the zoning code, the subdivider must provide a written variance request as part of the
application contents. The variance request shall be considered pursuant to
the procedures, review criteria, and voting ratios set forth in sections 26-115 and 2-53(d). C. Waiver. A waiver is a permitted exemption or reduction from a design principle or required improvement based on the specific conditions,
circumstances or design context of a development proposal. The burden of
demonstrating that a waiver is justified falls on the applicant. 1. Process. The applicant shall submit to the community development department a letter requesting the waiver and providing justification addressing the review criteria in subsection 2. below. The waiver shall
be considered concurrently with the review of the final plat. Final action
on the request shall be made by planning commissioncity council. The waiver request shall be considered pursuant to the voting ratios set forth in section 2-53(d).
…
Section 11. Section 26-411.G of the Wheat Ridge Code of Laws, regarding easements and tracts, is amended as follows, by addition of a new subsection 7:
G. Easements and tracts.
…
7. Easement removal.
a. Easements vacated by plat shall be noted as being “hereby vacated and released by this plat.”
b. Easements requested to be vacated or modified separately from a plat application may be processed as an affidavit of
easement amendment or affidavit of easement vacation. The applicant shall include written and notarized approval from affected property owners and utility agencies.
c. Separate sheets for vacation and rededication may be necessary.
Section 12. Section 26-415.A of the Wheat Ridge Code of Laws, regarding dedication of public streets, is amended as follows:
A. Dedication. Street dedication requirements shall be based on the city’s adopted and most current guiding documents, including, but not limited
to, the Ccomprehensive Pplan, the Bicycle and Pedestrian Master Plan, and
the Streetscape Design Manual of the City of Wheat Ridge.
1. Full. Dedication of a public street shall be by plat and shall be processed as a major a Type I subdivision unless other proposed conditions qualify the subdivision as a Type II subdivision or right-of-way
vacation. 2. Partial. A partial right-of-way dedication is acceptable if it is required to complete a substandard street already in existence. a. Half streets. For streets on the perimeter of a subdivision, the subdivider may be permitted to dedicate sufficient right-of-way to
provide an adequate street width for two (2) lanes of traffic in
accordance with the city’s standards and specifications. In such instances, the subdivider shall be required to construct one-half (1/2) of the street width plus six (6) feet or other design as determined and approved by the community development
department. If on street parking is desired, more additional right-of-way will be required. b. Administrative or minor subdivisionType of dedication. Where partial right-of-way dedication is required as part of aan administrative or minor subdivision application, the right-of-way
shall be dedicated to the city by plat.may be dedicated to the city
by separate document. On the plat, the right-of-way to be designated shall be labeled as a tracthereby dedicated., and a plat note shall indicate that the dedication of the tract will be by separate instrument. An exhibit and deed shall be prepared, signed
and sealed by the professional land surveyor of record and
submitted to the community development department as part of the application packet. c. Where partial right-of-way is being dedicated apart from a plat, the city may accept the dedication by deed.
…
Section 13. Section 26-416 of the Wheat Ridge Code of Laws is hereby repealed and the section number reserved.
Section 14. 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 15. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 28th day of August 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 September 11, 2023 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this __ day of _____, 2023.
SIGNED by the Mayor on this _____ day of ____________, 2023.
_______________________________ Bud Starker, Mayor
ATTEST:
_________________________ Stephen Kirkpatrick, City Clerk
Approved as to Form
_________________________ Gerald E. Dahl, City Attorney
First Publication: August 31, 2023 Second Publication: Effective Date:
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NO: 6
DATE: August 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 44-2023 - A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: In 2022, the city worked with its respective Senators and House Representative to obtain an
additional $4 million in federal funding for the Improve Wadsworth Project. This funding,
approved in December 2022, is via congressionally directed spending (CDS) through the Highway Improvement Program within the Fiscal Year 2023 omnibus funding bill. An amendment to the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) is necessary to add these funds to the project budget.
PRIOR ACTION:
In 2015, the City was awarded funding through the Denver Regional Council of Governments Transportation Improvement Program (TIP) to improve Wadsworth Boulevard from 35th Avenue to 48th Avenue. On October 12, 2015, the City Council approved an IGA with CDOT to administer that original TIP grant. Two amendments to the original 2015 IGA were approved in 2020 and
2022, respectively, to add funds from various funding sources to the project budget.
FINANCIAL IMPACT: The total available funding outlined in amendment #3 to the CDOT agreement is $58.3 million which includes:
Council Action Form –Wadsworth CDOT Agreement Amendment #3 August 28, 2023
Page 2
• $1.4 million for environmental costs
• $5.7 million for design and ROW consultant costs
• $10.6 million for ROW acquisition
• $40.6 million for construction.
Eight different funding sources are included in the amended agreement. In addition to the $4
million in CDS funding, a local match of $1 million is included.
The funding sources included in amendment #3 are summarized below:
Funding Source Funding Amount
Federal $43.56M
State (CDOT) $5.8M
City $8.96M
Total $58.32M
Additional funding for the project is coming from the following non-City sources:
Funding Source Funding Amount
Jefferson County $466,141
Wheat Ridge Water District $2,794,953
Wheat Ridge Sanitation District $1,622,620
Total $4,883,714
BACKGROUND: Due to a lack of available funds, the city scaled back the southern limits of the original project
scope, which extended from I-70 to 35th Avenue, to roughly 41st Avenue. The additional work
consists primarily of replacing the asphalt pavement with concrete pavement, south of 41st Avenue to 35th Avenue and constructing a continuous flow intersection at the intersection of 38th Avenue with Wadsworth Boulevard. The cost of this additional work is estimated at approximately $16 million.
In 2021, the City Manager worked with congressional staff to submit applications to Wheat
Ridge’s House Representative and Senators for $10 million in Congressional Directed Spending (CDS) to extend the project south of 41st Avenue to 35th Avenue. The project was not included in the 2021 spending package. The city re-submitted an application in 2022 for $4 million based on conversations with the congressional staff. The project was included in the Fiscal Year 2023
omnibus funding bill.
This amendment is needed to add the CDS funds to the project budget. After this amendment is fully executed, an option letter will be completed by CDOT to encumber the funds for the project, which will then make the funds eligible for reimbursement requests. Once the option letter is
received, city staff will work with the city’s contractor, Concrete Works of Colorado, to finalize the pricing for the additional work.
Council Action Form –Wadsworth CDOT Agreement Amendment #3 August 28, 2023
Page 3
RECOMMENDATION: Staff recommends approving Amendment #3 to the CDOT agreement to incorporate the CDS
funding.
RECOMMENDED MOTION: “I move to approve Resolution No. 44-2023, a resolution approving Amendment No. 3 to the Intergovernmental Agreement with the Colorado Department of Transportation for the Improve Wadsworth Project.”
or,
“I move to postpone indefinitely Resolution No. 44-2023, a resolution approving Amendment No. 3 to the Intergovernmental Agreement with the Colorado Department of Transportation for the following reason(s)______________________________________.”
REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 44-2023 2. Amendment #3 - Project No. NHPP 1211-086, SA 21006
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 44 Series of 2023
TITLE: A RESOLUTION APPROVING AMENDMENT NO. 3 TO THE INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT WHEREAS, the City Council wishes to provide for the improvement of Wadsworth Boulevard from 35th Avenue to Interstate 70; and
WHEREAS, the City was awarded a federal transportation grant in 2015 by the
Denver Regional Council of Governments (DRCOG) to improve Wadsworth Boulevard between 35th and 48th Avenues; and
WHEREAS, the City approved an Agreement on October 12, 2015 with the Colorado Department of Transportation (CDOT), DRCOG’s funding steward, for the
original funding of the Project; and
WHEREAS, the City was allocated Federal Surface Treatment funds by CDOT to replace the pavement between 35th and 48th Avenues and was allocated State Safety funds by CDOT to both replace the traffic signals at 41st and 44th Avenues and to add medians to Wadsworth Boulevard between 35th Avenue and 48th Avenue; and
WHEREAS, the City was awarded a second federal transportation grant in 2018
by DRCOG to improve Wadsworth Boulevard between 48th Avenue and I-70; and
WHEREAS, the City approved Amendment #1 to the CDOT Agreement on October 12, 2020 to add additional funding sources to the Project; and
WHEREAS, the City was allocated additional State Safety funds by CDOT to
replace the traffic signal at 38th Avenue and to improve the streetscape on the west side of Wadsworth Boulevard between 38th Avenue and 41st Avenue and was awarded a Revitalizing Main Streets grant by CDOT to improve the streetscape on the east side of Wadsworth Boulevard between 35th Avenue and 41st Avenue; and
WHEREAS, the City was awarded a third federal transportation grant by DRCOG
for the Project and DRCOG also approved the transfer of funding that was previously
awarded for an environmental assessment for a grade separation project at the Ward Road BNSF crossing to this Project; and
WHEREAS, the City approved Amendment #2 to the CDOT Agreement on February 28, 2022, to add additional funding sources to the Project; and
WHEREAS, the City was awarded Congressionally Directed Spending for
additional work not included in the original construction contract, south of 41st Avenue to 35th Avenue; and
ATTACHMENT 1
WHEREAS, the City staff has negotiated Amendment #3 to the CDOT Agreement
to add the additional funding source to the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that:
Section 1. Amendment Approved. Amendment #3 between the City and the Colorado Department of Transportation for Project No. NHPP 1211-086, SA
21006: Wadsworth Boulevard Widening from 35th Avenue to Interstate 70, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this 28th day of August 2023.
_______________________ Bud Starker, Mayor
ATTEST:
__________________________ Steve Kirkpatrick, City Clerk
PO #: 400001537 Routing #: 22-HA1-ZM-00032-M0004 Additional PO Reference: 471000792
Document Builder Generated Rev. 12/09/2016 Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 3 Project #: NHPP 1211-086 (21006) SIGNATURE AND COVER PAGE
State Agency Department of Transportation Amendment Routing Number 22-HA1-ZM-00032-M0004
Local Agency CITY OF WHEAT RIDGE Original Agreement Routing Number 16-HA1-ZH-00035
Agreement Maximum Amount $58,320,000.00 Agreement Performance Beginning Date October 26, 2015
Initial Agreement expiration date October 25, 2025
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director
___________________________________________ Keith Stefanik, P.E., Chief Engineer
Date: _________________________
LOCAL AGENCY CITY OF WHEAT RIDGE
___________________________________________ Signature
___________________________________________ By: (Print Name and Title)
Date: _________________________
LOCAL AGENCY (2nd Signature if Necessary)
___________________________________________ Signature
___________________________________________ By: (Print Name and Title)
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By:___________________________________________ Department of Transportation
Effective Date:_____________________
ATTACHMENT 2
PO #: 400001537 Routing #: 22-HA1-ZM-00032-M0004 Additional PO Reference: 471000792
Document Builder Generated Rev. 12/09/2016 Page 2 of 2
1) PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment
B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement.
4) PURPOSE The parties entered into the Original Agreement for Wadsworth Blvd Widening: 35th Ave to 48th Ave. Now the
parties wish to increase the total budgeted funds.
5) MODIFICATIONS
a) The total budgeted funds are increased from $53,320,000.00 to a new total budgeted funds of $58,320,000.00. This was achieved through $5,000,000.00 in additional funding under the new HIP
Funding Source: Federal HIP Funding of $4,000,000.00 and Local Agency HIP Funding of $1,000,000.00. All other funding sources remained the same.
b) Exhibit C-8 shall be replaced by Exhibit C-9. Any reference in the Original Agreement to Exhibit C, Exhibit C-1, Exhibit C-2, Exhibit C-3, Exhibit C-4, Exhibit C-5, Exhibit C-6, Exhibit C-7, or Exhibit C-8 shall be a reference to Exhibit C-9.
6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments
or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict,
inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Federal $ State $ LA Work (1 SA)
Exhibit C-9 - Page 1 of 3
EXHIBIT C-9 - FUNDING PROVISIONS
City of Wheat Ridge - NHPP 1211-086 (21006) A. Cost of Work Estimate
The Local Agency has estimated the total cost of the Work to be $58,320,000.00, which is to be funded as follows: 1. FUNDING a. Federal Funds (80% of STP-M Award) $24,960,000.00 b. Local Agency Matching Funds (20% of STP-M Award) $6,240,000.00 c. Federal Funds (80% of CMAQ Award) $5,280,000.00 d. Local Agency Matching Funds (20% of CMAQ Award) $1,320,000.00 e. Federal Funds (80% of STBG Award) $1,600,000.00 f. Local Agency Matching Funds (20% of STBG Award) $400,000.00 g. Federal Funds (80% of HIP Award) $4,000,000.00 h. Local Agency Matching Funds (20% of HIP Award) $1,000,000.00 i. Federal Funds (100% STBG-PDR Award) $3,360,000.00 j. Federal Funds (100% of RMS Award) $1,360,000.00 k. State (100% of Faster Safety Award) $5,800,000.00 l. Federal (100% of Surface Treatment Award) $3,000,000.00 ____________________________________________________________________________________TOTAL FUNDS ALL SOURCES $58,320,000.00 ____________________________________________________________________________________ 2. OMB UNIFORM GUIDANCE
a. Federal Award Identification Number (FAIN): TBD
b. Name of Federal Awarding Agency: FHWA
c. Local Agency Unique Entity Identifier TEAYNF4J6VC8
d. Assistance Listing # Highway Planning and Construction ALN 20.205
e. Is the Award for R&D? No
f. Indirect Cost Rate (if applicable) N/A
g. Amount of Federal Funds Obligated by this Action: $0.00
h. Amount of Federal Funds Obligated to Date (including this Action): $39,560,000.00 ____________________________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $43,560,000.00
b. State Funds Budgeted $5,800,000.00
c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ____________________________________________________________________________________
Exhibit C-9 - Page 2 of 3
TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 85% $49,360,000.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 15% $8,960,000.00 TOTAL PROJECT ESTIMATED FUNDING 100% $58,320,000.00 ________________________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES a. Total Encumbrance Amount (Federal, State + Local Agency Funds) $58,320,000.00
b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $10,643,832.00
Federal 80% of ROW $8,515,065.60 Local Agency 20% of ROW $2,128,766.40 ____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $47,676,168.00 ____________________________________________________________________________________ Note: Only $5,700,000.00 in Design, $1,427,681.00 in Environmental, and $35,548,487.00 in Construction funds are currently available. Additional funds will become available after execution of an Option letter (Exhibit B) or formal Amendment. ____________________________________________________________________________________
WBS Element 21006.10.30 Performance Period Start*/End Date Design 3020 $5,700,000.00 07/23/2015- 04/30/2022 WBS Element 21006.10.40 Performance Period Start*/End Date Envir. 3030 $1,427,681.00 07/23/2015- 04/30/2022
WBS Element 21006.20.10 Performance Period Start*/End Date Const. 3301 $35,548,487.00 04/12/2021- 06/30/2024 ____________________________________________________________________________________ *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase
Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable.
B. Funding Ratios
The funding ratio for the federal funds for this Work is 85% federal & State funds to 15% Local Agency funds, and this ratio applies only to the $58,320,000.00 that is eligible for federal & State funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $58,320,000.00, and additional federal funds and State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $58,320,000.00, then the amounts of Local Agency, State funds and federal funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work. C. Maximum Amount Payable
The maximum amount payable to the Local Agency under this Agreement shall be $35,044,934.40 (federal funds of $43,560,000.00 minus federal share of ROW of $8,515,065.60 plus State funds of $5,800,000.00). For CDOT accounting purposes, the federal funds of $35,044,934.40, the State funds of $5,800,000.00 and the Local Agency funds of $6,831,233.60 (Local Agency funds of $8,960,000.00 minus Local Agency share of ROW of $2,128,766.40) will be encumbered for a total encumbrance of $47,676,168.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total budget of this project is $58,320,000.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. The maximum amount payable will be reduced without amendment when the actual amount of the Local Agency’s awarded Agreement is less than the budgeted total of the federal funds and the Local Agency funds. The maximum amount payable will be reduced through the execution of an Option Letter as described in Section 7. E. of this contract. This applies to the entire scope of Work.
D. Single Audit Act Amendment All state and local government and non-profit organizations receiving $750,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply
Exhibit C-9 - Page 3 of 3
with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements) see also, 49 CFR 18.20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows:
i. Expenditure less than $750,000 If the Local Agency expends less than $750,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply.
ii. Expenditure of $750,000 or more-Highway Funds Only If the Local Agency expends $750,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for
this program area.
iii. Expenditure of $750,000 or more-Multiple Funding Sources If the Local Agency expends $750,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on
the entire organization/entity.
iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost.
ITEM NO: 7
DATE: AUGUST 28, 2023 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 45-2023 – A RESOLUTION APPROVING
A NON-EXCLUSIVE PUBLIC RIGHT OF WAY LICENSE AGREEMENT WITH GOOGLE FIBER COLORADO, LLC PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_________________________ Director of Public Works City Manager ISSUE:
Google Fiber approached the city in late-2022 to discuss installation of a new 100% fiber optic
network internet service in the city’s rights-of-way. The city would grant a non-exclusive license agreement to Google Fiber to use and occupy the public rights-of-way to install, operate, and maintain a fiber optic infrastructure network for the purpose of offering communications services including broadband Internet access service and Voice over Internet Protocol services. City staff
have negotiated an agreement that will protect the right-of-way and ensure adequate oversight
during the construction process. The term of the agreement is for an initial 20 years. PRIOR ACTION: A presentation on the proposed Google Fiber installation within the city’s rights-of-way was
provided at the March 20, 2023, Study Session.
FINANCIAL IMPACT: A rate of $0.55 per lineal foot of installed fiber is included in the Agreement. This fee will be collected at the time of permit approval.
BACKGROUND: Google Fiber is a gigabit internet service provider with the mission of helping communities access the internet that’s fast, reliable, and priced competitively. Google Fiber currently offers gigabit internet service to residents and small businesses in 19 metro areas nationwide, between Google
Council Action Form – Agreement for WEX Fuel Card System August 28, 2023
Page 2
Fiber, a fiber-to-the-home network, and Google Fiber Webpass, a wireless network in apartments and condominiums. They have deployed many millions of feet of fiber and conduit, using a variety
of methods. The construction project will primarily utilize micro-trenching along the public side of the street to install the necessary infrastructure. This will lower potential impact to the community during construction. Installation will likely begin in 2024 and stretch over 1-2 years.
Individual permits will be submitted and approved by the city for various portions of the city. The
city will provide oversight of the work in the right-of-way. Google Fiber will be responsible for all communications with property owners as well as responding to concerns and issues that arise during construction. Prior to breaking ground, Google Fiber will work closely with the city to develop communications materials to inform neighborhoods of the upcoming work. Service to
individual properties would be available as segments of the network are completed.
RECOMMENDATION: Staff recommends approval of the license agreement.
RECOMMENDED MOTION:
“I move to approve Resolution No. 45-2023, a resolution approving a Non-exclusive Public Right-of-Way License Agreement with Google Fiber Colorado, LLC.”
Or,
“I move to table indefinitely Resolution No. 45-2023, a resolution approving a Non-exclusive Public Right-of-Way License Agreement with Google Fiber Colorado, LLC for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 45-2023 2. Non-Exclusive Public Right-of-Way License Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 45 Series of 2023
TITLE: A RESOLUTION APPROVING A NON-EXCLUSIVE PUBLIC RIGHT OF WAY LICENSE AGREEMENT WITH GOOGLE FIBER
COLORADO, LLC WHEREAS, the City of Wheat Ridge (the “City”) recognizes that the deployment of fiber optic cable networks enhance opportunities for its citizens to connect to an increasingly digital society and marketplace, as well as positions the City to be able to
take advantage of future advancements in digital and other “smart” city technologies; and
WHEREAS, it has been proposed by Google Fiber Colorado, LLC to provide network facilities and services to areas within the City of Wheat Ridge; and
WHEREAS, in order to provide these services, it is necessary for Google Fiber Colorado, LLC to obtain an agreement with the City to install its facilities within the public
rights-of-way belonging to the City; and
WHEREAS, the City Council finds further that these services will contribute to the health, safety and general welfare of the citizens of the City by potentially improving connectivity to the internet at large.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
Section 1. The Agreement approving a non-exclusive public right-of-way license agreement with Google Fiber Colorado, LLC is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this 28th day of August 2023. _______________________
Bud Starker, Mayor ATTEST: __________________________
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Google Fiber Contract No.1004798
EXECUTION VERSION Non-Exclusive Public ROW License Agreement Between the City of Wheat Ridge and Google Fiber Colorado, LLC | Page 1 of 13
NON-EXCLUSIVE PUBLIC ROW LICENSE AGREEMENT
This Non-Exclusive Public ROW License Agreement (“Agreement”) is by and between the City of Wheat Ridge, a city organized and existing under the laws of the State of Colorado
(“Municipality”), and Google Fiber Colorado, LLC, a Colorado limited liability company, and its subsidiaries, successors, or assigns (“Licensee”). RECITALS A. Municipality has jurisdiction over the use of the public rights-of-way under the jurisdiction of the Municipality. This term shall not include City park land, trails or state or federal rights of way. (“Public ROW”). B. Licensee desires, and Municipality desires to permit Licensee, to install, maintain, operate, and control a fiber optic infrastructure network in Public ROW (“Network”) for the purpose of
offering communications services (“Services”), including broadband Internet access service as defined in 47 C.F.R. § 8.1(b) (“Broadband Internet Services”) and Voice over Internet Protocol services, but excluding multichannel video programming services that would be
subject to a video services franchise and telecommunications services as defined in 47 C.F.R. § 153(53), to residents and businesses in Municipality (“Customers”). C. The Network consists of equipment and facilities that may include aerial or underground fiber optic cables, lines, wires, or strands; underground conduits, vaults, access manholes and handholes; electronic equipment; power generators; batteries; pedestals; boxes; cabinets; vaults; and other similar facilities (“Network Facilities”). AGREEMENT In consideration of the mutual promises made below, Municipality and Licensee agree as follows:
1. Permission to Use and Occupy. 1.1. Permission to Use and Occupy Public ROW. Municipality grants Licensee permission
to use and occupy the Public ROW (the “License”) for the purpose of constructing, installing, repairing, maintaining, operating, and, if necessary, removing the Network and the related Network Facilities (the “Work”). This Agreement and the License do
not authorize Licensee to use any property other than the Public ROW as agreed herein. Licensee’s use of any other Municipality property, including poles and conduits, will be governed under a separate Agreement regarding that use.
1.2. Subject to State and Local Law. This Agreement and the License are subject to Municipality’s valid authority under state and local laws as they exist now or may be amended from time-to-time, and subject to the conditions set forth in this Agreement. 1.3. Subject to Municipality’s Right to Use Public ROW. This Agreement and the License
are subject and subordinate to Municipality’s prior and continuing right to use the
ATTACHMENT 2
Google Fiber Contract No.1004798
EXECUTION VERSION Non-Exclusive Public ROW License Agreement Between the City of Wheat Ridge and Google Fiber Colorado, LLC | Page 2 of 13
Public ROW, including constructing, installing, operating, maintaining, repairing, or removing sewers, water pipes, storm drains, gas pipes, utility poles, overhead and
underground electric lines and related facilities, and other public utility and municipal uses.
1.4. Subject to Pre-Existing Property Interests. Municipality’s grant of the License is subject to all valid pre-existing easements, restrictions, conditions, covenants, encumbrances, claims of title or other property interests that may affect the Public ROW. Licensee will obtain at its own cost and expense any permission or rights as may be necessary to accommodate such pre-existing property interests. 1.5. Applicability of City Processes. Except as expressly provided herein, nothing in this Agreement shall waive or modify Licensee’s obligation to comply with laws governing planning, land use, zoning, building, construction, permitting, water quality, floodplain, and similar process and procedures in the placement of the Network Facilities. Licensee shall comply with all requirements as stated in the permits, except as otherwise authorized by the Director of Public Works. 1.6. No Grant of Property Interest. The License does not grant or convey any property
interest. 1.7. Non-Exclusive. The License is not exclusive. Municipality expressly reserves the right
to grant licenses, permits, franchises, privileges or other rights to any other individual, corporation, partnership, limited liability company, trust, joint stock company, business trust, unincorporated association, joint venture, governmental authority or other entity
of any nature whatsoever (“Person”), as well as the right in its own name as a municipality, to use Public ROW for similar or different purposes allowed Licensee under this Agreement. 2. Licensee’s Obligations. 2.1. Individual Permits Required. Licensee will obtain Municipality’s approval of required individual encroachment, construction, and other necessary permits before placing its Network Facilities in the Public ROW or other property of Municipality as authorized. Licensee will pay all lawful processing, field marking, engineering, and inspection fees associated with the issuance of individual permits by Municipality in accordance with
Code Section 21, except as otherwise authorized by Municipality. As a condition of obtaining any permit, Licensee shall provide plans in the specified format based on the method of deployment and further explained in Exhibit A, attached hereto and
incorporated herein by this reference. Such drawings and plans shall be provided to the Municipality with each request for a permit. If Licensee desires to change the location or method of deployment of any of the Network Facilities from what is
indicated in a permit, Licensee shall apply for a new permit prior to such change; provided, however, that Licensee may make reasonable changes at the time of deployment depending on the conditions encountered in the field. Review and approval of the plans is only for general compliance with the city design and construction standards. All responsibility for existing conditions, correctness of dimensions, details, concepts, quantities and safety during construction shall remain with those designing, developing and constructing the project. Inspection by the City in
Google Fiber Contract No.1004798
EXECUTION VERSION Non-Exclusive Public ROW License Agreement Between the City of Wheat Ridge and Google Fiber Colorado, LLC | Page 3 of 13
no way reflects any responsibility on the part of the Municipality for safety, quality or quantity control and in no way implies acceptance of the Work, or any part thereof, by
the Municipality. 2.2. Utility Notification Center. Prior to commencing any Work pursuant to this Agreement,
Licensee shall take all actions necessary to become a Tier 1 member of the Utility Notification Center of Colorado and shall comply with and adhere to local procedures, customs and practices relating to the one call locator service program established in C.R.S. Section 9-1.5-101, et seq., as such may be amended from time to time. 2.3. Licensee’s Sole Cost and Expense. Licensee will perform the Work at its sole cost and expense. Licensee shall be solely responsible for all repairs, maintenance and adjustments and damage to the Network and Network Facilities, excluding damage caused by third parties, and the Municipality shall have no obligation to repair such damage, except: (a) where the damage arises from the negligence or willful misconduct of the Municipality or its employees, agents or contractors (the “City Parties”); and (b) Company located the Tier 1 utility/ies within the period of time required under C.R.S. Section 9-1.5-101, et seq., and the regulations established in accordance therewith. If Licensee or its contractor, subcontractor or other agent is negligent and/or untimely in
performing utility locates, the Municipality shall not be responsible for any damages. For the purposes of this subsection, the terms “negligence” and “willful misconduct” shall not include actions taken by the City in response to an emergency as authorized in, and
in accordance with, subsection 3.1 below. 2.4. Compliance with Laws. Licensee will comply with all applicable laws and regulations
when performing the Work. Licensee will place its Network Facilities in conformance with the required permits, plans, and drawings approved by Municipality. 2.5. Reasonable Care. Licensee will exercise reasonable care when performing the Work and will use commonly accepted practices and equipment to minimize the risks of personal injury, property damage, soil erosion, and pollution of surface or groundwater. 2.6. No Nuisance. Licensee will maintain its Network Facilities in good and safe condition so that its Network Facilities do not cause a public nuisance. 2.7. Repair. Licensee will promptly repair any damage to the Public ROW, Municipality
property, or private property if such damage is directly caused by Licensee’s Work and no other Person is responsible for the damage (e.g., where a Person other than Licensee fails to accurately or timely locate its underground facilities as required by
applicable law). Licensee will repair the damaged property to a condition equal to or better than that which existed prior to the damage within thirty (30) days after such damage occurs. Licensee’s obligation under this Section 2.7 will be limited by, and
consistent with, any applicable seasonal or other restrictions on construction or restoration work. If Licensee fails to repair the damage and Public ROW as described within thirty (30) days, then the Municipality shall have the option, upon fifteen (15) days’ prior written notice to Licensee, to perform or cause to be performed such reasonable and necessary work on behalf of Company and to charge Licensee for the proposed costs to be incurred or the actual costs incurred by the Municipality. Upon the
receipt of a demand for payment by the Municipality that documents the actual costs of
Google Fiber Contract No.1004798
EXECUTION VERSION Non-Exclusive Public ROW License Agreement Between the City of Wheat Ridge and Google Fiber Colorado, LLC | Page 4 of 13
the work performed, Licensee shall promptly reimburse the Municipality for such costs. If payment is not received within forty-five (45) days, the Municipality may draw on the
Performance Bond identified in Section 8 below for the costs incurred. 2.8. As-Built Drawings and Maps. Licensee will maintain accurate as-built drawings and
maps of its Network Facilities located in Municipality and will provide them to Municipality upon reasonable request and on a mutually-agreed timetable (e.g., piecemeal following the closure of each permit, or all at once after all the Work is complete), subject to applicable confidentiality protections. 2.9. Network Design. Nothing in this Agreement requires Licensee to build to all areas of Municipality, and Licensee retains the discretion to determine the scope, location, and timing of the design and construction of the Network. 2.9. Work Hours. Licensee shall abide by all Municipality requirements regarding authorized work hours as identified in the Wheat Ridge Municipal Code, Section 16-115. Licensee shall obtain any necessary nighttime work exemptions in writing from the Community Development Director for all work outside of those authorized hours.
2.10 Removal of Network Facilities. Upon one hundred and eighty (180) days’, or any other time frame mutually agreed by the Parties, written notice by the Municipality pursuant to the expiration or early termination of this Agreement, Licensee shall promptly, safely
and carefully remove the Network Facilities from the Public ROW. If Licensee fails to complete this removal work on or before the one hundred and eighty (180) days, or other mutually agreed time frame, subsequent to the issuance of notice pursuant to this
Section, then the Municipality, upon written notice to the Licensee, shall have the right at the Municipality’s sole election, but not the obligation, to perform this removal work and charge the Licensee for the actual costs and expenses, including, without limitation, actual administrative costs. The Licensee shall pay to the Municipality actual and documented costs and expenses incurred by the Municipality in performing any removal work and any storage of the Licensee’s property after removal within ninety (90) days after the date of a written demand for this payment from the Municipality. After the Municipality receives the reimbursement payment from the Licensee for the removal work performed by the Municipality, the Municipality shall promptly return to the Licensee the property belonging to the Licensee and removed by the Municipality pursuant to this Section at no liability to the Municipality. If the Municipality does not
receive reimbursement payment from the Licensee as set forth above, or if Municipality does not elect to remove such items at the Municipality’s cost after the Licensee’s failure to so remove, any items of the Licensee’s property remaining on or about the
Public ROW may, at the Municipality’s option, be deemed abandoned and the Municipality may dispose of such property in any manner permitted by Law. Alternatively, the Municipality may elect to take title to abandoned property, provided
that the Licensee shall submit to the Municipality an instrument satisfactory to the Municipality transferring to the Municipality the ownership of such property. The provisions of the Section shall survive the expiration or early termination of this Agreement. Unless removed by the Municipality as set forth herein, the Company may remove its Network Facilities from the Public ROW at any time at its discretion, provided that any such removal is in compliance with applicable zoning and permitting requirements.
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3. Municipality’s Obligations.
3.1. Emergency Removal or Relocation by Municipality. In the event of a public emergency that creates an imminent threat to the health, safety, or property of Municipality or its
residents, Municipality may remove or relocate the applicable portions of the Network Facilities without prior notice to Licensee. Municipality will, however, make best efforts to provide prior notice to Licensee before making an emergency removal or relocation. In any event, Municipality will promptly provide to Licensee a written description of any emergency removals or relocations of Licensee’s Network Facilities. Licensee will reimburse Municipality for its actual, reasonable, and documented costs or expenses incurred for any such work performed by Municipality. 3.2. Relocation to Accommodate Governmental Purposes. If Licensee’s then-existing Network Facilities would interfere with Municipality’s planned use of the Public ROW or other Municipality property for a legitimate governmental purpose, such as the construction, installation, repair, maintenance, or operation of a new water, sewer, or storm drain line, or a public road, curb, gutter, sidewalk, park, or recreational facility, Licensee will, upon written notice from Municipality, relocate its Network Facilities at
Licensee’s own expense to such other location or locations in the Public ROW as may be mutually agreed by the parties, taking into account the needs of Municipality’s governmental purpose and Licensee’s interest in maintaining the integrity and stability
of its Network. Licensee will relocate its Network Facilities within a commercially reasonable period of time agreed to by the parties but no less than one hundred twenty (120) days after receiving written notice, excluding any time required for
permitting approval, taking into account the urgency of the need for relocation, the difficulty of the relocation, and other relevant facts and circumstances, except that Municipality may not require Licensee to relocate or remove its Network Facilities with less than ninety (90) days’ notice. If Licensee fails to relocate any Network Facilities as requested by the Municipality within one hundred and twenty (120) days after the above-referenced notice in accordance with the foregoing provision, the Municipality shall be authorized to relocate the Network Facilities at Licensee’s sole cost and expense, without further notice to Licensee. Upon the receipt of a demand for payment by the Municipality documenting the actual costs of the work performed, Licensee shall promptly reimburse the City for such costs. If
payment is not received within forty-five (45) days after the date of such demand, the Municipality may draw on the Performance Bond, specified in Section 8 below, for the costs incurred.
3.3. Relocation to Accommodate Non-Governmental Purposes. If Licensee’s then-existing Network Facilities would interfere with (a) Municipality’s planned use of the Public
ROW for a non-governmental (e.g., commercial) purpose, or (b) a third-party’s use of the Public ROW, Licensee will not be required to relocate its Network Facilities. 3.4. Non-Discrimination. Municipality will at all times treat Licensee in a non-discriminatory manner as compared to other non-incumbent holders of local or state franchise authority offering facilities-based broadband Internet access services.
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3.5. Post-Removal Restoration of Public ROW. When removal or relocation is required under this Agreement, Licensee will, after the removal or relocation of the Network
Facilities, at its own cost, repair and return the Public ROW in which the facilities were located to a safe and satisfactory condition in accordance with the construction-related conditions and specifications as established by Municipality.
4. Fees. 4.1. The Parties agree that the nature of the Work is such that application of the Municipality standard fee schedules would be unreasonably burdensome for both Parties. Thus, the Parties agree that Licensee shall pay to the Municipality a fee of $0.55 per linear foot. 4.2. Licensee shall be responsible for paying all applicable use taxes in accordance with Municipal Code Article I, Division 3. 4.3. The Parties further agree that the foregoing fees are reasonably related to the costs incurred by the Municipality for the administrative services required to process, review and respond to Public ROW permit applications and Licensee plans; issue Public ROW permits; coordinate and perform necessary field and other inspections and utility locates;
and to provide such services in a reasonable and timely manner. 4.4. No other Public ROW permit or street cut permit fees will be assessed against Licensee
in connection with the Work. Notwithstanding the foregoing, however, the performance bond required pursuant to Section 8 below is not a fee and is not subject to the provisions of this Section 4. 5. Contractors and Subcontractors. 5.1. Use of Contractors and Subcontractors. Licensee may retain contractors and subcontractors to perform the Work on Licensee’s behalf. 5.2. Contractors to be Licensed. Licensee’s contractors and subcontractors used for the Work will be properly licensed under applicable law including licensure with the Municipality. 5.3. Authorized Individuals. Licensee’s contractors and subcontractors may submit
individual permit applications to Municipality on Licensee’s behalf, so long as the permit applications are signed by individuals that Licensee has authorized to act on its behalf via a letter of authorization provided to Municipality in the form attached as Exhibit B (“Authorized Individuals”). Municipality will accept permit applications under this Agreement submitted and signed by Authorized Individuals, and will treat those applications as if they had been submitted by Licensee under this Agreement.
6. Defense and Indemnity. 6.1. Obligations. Licensee will defend Municipality, its officers, elected representatives, and employees, and indemnify them against any (a) settlement amounts approved by Licensee; and (b) damages and costs finally awarded against the indemnified party by
a competent tribunal in any legal proceeding filed by a third party for property damage,
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personal injury, or death to the extent caused by the negligence or willful misconduct of Licensee or its contractors arising from this Agreement (“Third Party Legal Proceeding”). 6.2. Exclusions. Section 6 (Defense and Indemnity) will not apply to the extent the
underlying allegation (a) arises from or is related to the negligence or willful misconduct of an indemnified party or (b) is made by Municipality’s employee and covered under applicable workers’ compensation laws.
6.3. Conditions. Section 6.1 (Obligations) is conditioned on the following: (a) Municipality must promptly notify Licensee in writing of the Third Party Legal Proceeding and any allegation(s) that preceded the Third Party Legal Proceeding no later than fifteen (15) days after Municipality became aware of the Third Party Legal Proceeding; (b) Municipality must reasonably cooperate in the defense at Licensee’s request; and (c) Municipality must tender sole control of the indemnified portion of the Third Party Legal Proceeding to Licensee, subject to the following: (i) Municipality may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring
Municipality to admit liability, pay money, or take (or refrain from taking) any action, will require Municipality’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.
6.4. Waiver of Claims. Licensee waives any and all claims, demands, causes of action and rights it may assert against the Municipality on account of any loss, damage, or injury to its Network or Network Facilities or any loss or degradation of the services as a result of
any event or occurrence which is beyond the reasonable control of the Municipality. 7. Limitation of Liability. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), EXEMPLARY, OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION WILL BE SUBJECT TO AND MAY BE LIMITED BY APPLICABLE LAW. 8. Performance Bond. Licensee will, promptly after the Effective Date, provide Municipality with a performance bond in the amount of two hundred thousand dollars ($200,000) naming Municipality as obligee and guaranteeing Licensee’s faithful performance of its obligations under this Agreement. The performance bond will remain in full force during the Term of this Agreement. 9. Insurance. 9.1. Licensee will carry and maintain:
9.1.1. Commercial General Liability (CGL) insurance, with policy limits not less than $2,000,000 in aggregate and $2,000,000 for each occurrence covering bodily
injury and property damage with the following features: (a) CGL primary insurance endorsement; and (b) CGL policy will include an endorsement which names Municipality, its employees, and officers as additional insureds.
9.2. All insurance certificates, endorsements, coverage verifications and other items required pursuant to this Agreement will be mailed directly to the Municipality and to the
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Municipality’s insurance compliance representative upon Municipality’s written request. Licensee will use commercially reasonable efforts to notify the City 30 days in advance
in the event of any material change in, or cancellation of, the coverage. 9.3. The certificate(s) of insurance shall be updated annually within thirty (30) days of the
anniversary of the Effective Date of this Agreement. 10. Term. This Agreement is effective on the later of (a) the date the last party to sign executes this Agreement and (b) the date on which any implementing ordinance becomes effective in accordance with its terms and state law (“Effective Date”). The Agreement will expire automatically on the twentieth anniversary of the [Effective Date (“Original Term”), unless earlier terminated in accordance with the provisions herein. Thereafter, the Agreement will automatically renew for successive 5-year terms (each a “Renewal Term”) unless a party provides at least six (6) months’ prior written notice to the other party of its intent not to renew. Applicable permits filed pursuant to this Agreement shall be recorded in accordance with Code section 21-102.
11. Termination. 11.1. Termination by Municipality. Either party may terminate this Agreement upon one
hundred and eighty (180) days prior written notice to the other party if the other party is in material breach of the Agreement, upon providing written notice of the breach and forty-five (45) days to cure, or, if the cure cannot reasonably be accomplished in that
time period, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion. 11.2. Termination by Licensee. Licensee may terminate this Agreement for convenience upon one hundred eighty (180) days’ written notice to Municipality. Upon termination under this clause, Licensee shall follow the removal requirements under Section 2.10 of this Agreement. The removal of the Network shall be at the Licensee’s sole expense. 12. Assignment. Except as set forth below, neither party may assign or transfer its rights or obligations under this Agreement, in whole or part, to a third party, without the written
consent of the other party. Any agreed upon assignee will take the place of the assigning party, and the assigning party will be released from all of its rights and obligations upon such assignment.
12.1. Notwithstanding the foregoing, Licensee may at any time, on written notice to Municipality, assign this Agreement or any or all of its rights and obligations under this
Agreement: 12.1.1. to any Affiliate (as defined below) of Licensee; 12.1.2. to any successor in interest of Licensee’s business operations in Municipality in connection with any merger, acquisition, or similar transaction if Licensee
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determines after a reasonable investigation that the successor in interest has the resources and ability to fulfill the obligations of this Agreement; or
12.1.3. to any purchaser of all or substantially all of Licensee’s Network Facilities in Municipality if Licensee determines after a reasonable investigation that the
purchaser has the resources and ability to fulfill the obligations of this Agreement. 12.2. Following any assignment of this Agreement to an Affiliate, Licensee will remain responsible for such Affiliate’s performance under the terms of this Agreement. For purposes of this section, (a) “Affiliate” means any Person that now or in the future, directly or indirectly controls, is controlled with or by, or is under common control with Licensee; and (b) “control” means, with respect to: (i) a U.S. corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof, or (ii) a non-U.S. corporation, if the voting power to elect directors thereof is less than fifty percent (50%), the maximum amount allowed by applicable law; and (iii) any other Person, fifty percent (50%) or more ownership
interest in said Person, or the power to direct the management of such Person. 13. Notice. All notices related to this Agreement will be in writing and sent, if to Licensee to the
email addresses set forth below, and if to Municipality to the address set forth in Municipality’s signature block to this Agreement. Notices are effective (a) when delivered in person, (b) upon confirmation of a receipt when transmitted by electronic mail, (c) on the
next business day if transmitted by registered or certified mail, postage prepaid (with confirmation of delivery), (d) on the next business day if transmitted by overnight courier (with confirmation of delivery), or (e) three (3) days after the date of mailing, whichever is
earlier. Licensee’s e-mail address for notice is googlefibernotices@google.com, with a copy to legal-notices@google.com. 14. General Provisions. This Agreement is governed by the laws of the state where Municipality is located. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control. This Agreement sets out all terms agreed between the parties and supersedes all previous or contemporaneous agreements between the parties relating to its subject matter. This Agreement, including any exhibits, constitutes the entire agreement between the parties related to this subject matter,
and any change to its terms must be in writing and signed by the parties. The parties may execute this Agreement in counterparts, including facsimile, PDF, and other electronic copies, which taken together will constitute one instrument. Each party to this Agreement
agrees that Licensee may use electronic signatures. 15. Governmental Immunity. No term or condition of this Agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions of the Colorado Government Immunity Act, C.R.S. §§ 24-10-101, et seq. [Signature page follows]
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Signed by authorized representatives of the parties on the dates written below.
Google Fiber Colorado, LLC
___________________________________ (Authorized Signature) ___________________________________ (Name) ___________________________________ (Title) Address: 1600 Amphitheatre Parkway Mountain View, CA 94043
Date: _______________________________
Wheat Ridge, Colorado
______________________________________ (Authorized Signature) ______________________________________ (Name) ______________________________________ (Title) Address: 7500 W. 29th Avenue Wheat Ridge, CO 80033 Date: _________________________________
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EXHIBIT A
DEPLOYMENT METHODS
Plans submitted to the Municipality by the Licensee for the purpose of obtaining Public ROW Permits shall comply with the following general requirements for each method of deployment:
Definitions 1. “Conventional Boring” means the deployment of fiber optic cables or underground
conduits using trenchless underground methods at depths greater than 24 inches. 2. “Conventional Trenching” means the deployment of fiber optic cables or underground conduits using open trench cuts; excavation; placement of conduit bundles or duct banks, and other elements; backfill and restoration. 3. “Micro-Trenching” means the deployment of fiber optic cables or underground conduits using open trench cuts in asphalt, concrete or softscape that are no less than 6 inches and no greater than 24 inches deep, and no greater than 2 inches wide. 4. “Shallow Boring” means the deployment of fiber optic cables or underground conduits using trenchless underground methods at depths of less than or equal to 24 inches. Micro-Trenching a. Base sheets need to include a readable (in focus) aerial photo with property lines, easements, address, and other basic information provided. b. It is recommended that the plan show existing utilities but not required. c. The proposed utility can be shown schematically with specific details indicated by legend and/or notes to show the intended installation location. d. Pothole information does not need to be included on the plans. Conventional Trenching below 24 inches a. Base sheets need to include a readable (in focus) aerial photo with property lines, easements, address, and other basic information provided. b. The plan must show existing utilities at a Quality Level B. c. The proposed utility can be shown schematically with specific details indicated by legend and/or notes to show the intended installation location.
d. It is recommended that the plan show existing pothole information but not required. Conventional Boring a. Base sheets need to include a readable (in focus) aerial photo with property lines, easements, address, and other basic information provided. b. The plan must show existing utilities at a Quality Level B. c. The proposed utility can be shown schematically with specific details indicated by legend and/or notes to show the intended installation location.
d. Pothole information is required for Municipality utilities, water and sanitary sewer utilities, gas lines, and electric conduits. e. A proposed profile will be shown for the bore.
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Shallow Boring will be reviewed on a per-deployment basis to determine the necessary requirements for obtaining permits.
The above list of general requirements is not exhaustive. Additional information or steps will likely be requested during the permitting process.
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EXHIBIT B FORM OF LETTER OF AUTHORIZATION
[LICENSEE LETTERHEAD]
[Date]
Via Email ([Email Address])
City of Wheat Ridge
[Addressee]
[Address]
Re: [Amended] Letter of Authorization
Dear [Name],
In accordance with Section 5.3 of the Non-Exclusive Public ROW License Agreement dated
______ between the City of Wheat Ridge, CO and Google Fiber Colorado, LLC (“Google
Fiber”), Google Fiber hereby designates the following Authorized Individuals (as that term is
defined in the Agreement), who may submit and sign permit applications and other submissions
to Municipality on behalf of Google Fiber. [If applicable: This letter amends and supersedes the
Letter of Authorization dated ____.]
[Insert name and title for each Authorized Individual, including any Authorized Individual
previously named and whose authority continues. Strike through the names of any individuals
who are no longer authorized, if any.]
1. Name, Title
2. Name, Title
3. Name, Title (previously authorized, authorization continues)
4. Name, Title (authorization withdrawn)
This authorization may be withdrawn or amended and superseded by a written amendment to
this Letter of Authorization, which will be effective 24 hours after receipt by Municipality.
Kind regards,
[Name]
Manager, Google Fiber Colorado, LLC