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HomeMy WebLinkAbout11-27-23 - City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 27, 2023 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 27, 2023) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on November 27, 2023) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES None APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES None 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. 50-2023 – a resolution amending the Fiscal Year 2023 budget to reflect the approval of a supplemental budget appropriation in the amount of $600,000 for the purpose of funding Wadsworth public art and emergency stormwater repairs, amending Fund 40 revenues and reducing Fund 40 expenditures by $2,695,003 b. Resolution No. 51-2023 – a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $14,177 for the purpose of accepting the 2023 Edward Byrne Justice Assistance Grant to purchase automated external defibrillator units c. Resolution No. 52-2023 – a resolution supporting an application for the Community Impact Grant Program from the State Board of the Great Outdoors Colorado Trust Fund to support the construction of the Green at 38th PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 28-2023 – an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws concerning the City’s billboard regulations, and making conforming amendments therewith ORDINANCES ON FIRST READING 3. Council Bill No. 30-2023 – an ordinance amending Section 2-33 of the Wheat Ridge Code of Laws concerning Community Service Officer code enforcement powers 4. Council Bill No. 31-2023 – an ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway 5. Council Bill No. 32-2023 – an ordinance vacating any right-of-way interest held by the City in a portion of Miller Court. DECISIONS, RESOLUTIONS, AND MOTIONS 6. Resolution No. 53-2023 – a resolution amending the Fiscal Year 2023 Police Investigations Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $27,503.77 to be used for specific law enforcement purposes as approved by the Seizure Fund Committee and closing the Fund at the end of Fiscal Year 2023 7. Motion to approve an appointment to the Cultural Commission 8. Motion to elect Mayor Pro Tem CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ITEM NO: 1a DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 50-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $600,000 FOR THE PURPOSE OF FUNDING WADSWORTH PUBLIC ART AND EMERGENCY STORMWATER REPAIRS, AMENDING FUND 40 REVENUES AND REDUCING FUND 40 EXPENDITURES BY $2,695,003 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: On occasion, it is necessary to adjust the current year budget at year end in order to support the City Council’s priorities and align with the estimated budget as presented to Council with the next budget year. This year, budget amendments are needed in funds 31 (2E), 12 (Public Art), 12 (Open Space), 30 (CIP) and 40 (Renewal Wheat Ridge Bonds Fund.) It is required that City Council authorize increases and reductions to the City’s budget by resolution. PRIOR ACTION: City Council adopted the 2024 Budget on October 9, 2023. FINANCIAL IMPACT: The 2024 Budget contains 2023 year-end estimates. This budget supplemental and reduction request aligns with the 2023 year-end estimates. Council Action Form – 2023 Budget Supplemental and Reductions November 27, 2023 Page 2 BACKGROUND: The following adjustments are requested in this budget amendment: 1. Per the City’s public art ordinance, 1% of the construction value of a project is designated for public art. A transfer of $475,000 from Fund 31 (2E) to Fund 12 (Public Art) is required for the Wadsworth Boulevard Public Art project. $384,373 was budgeted in 2022 and $100,000 was budgeted in 2023 to fund the public art contract. Staff neglected to make the budgeted transfer in 2022. Therefore, staff requests that Council appropriate an additional $375,000 in 2023 so that the total contract value of $475,000 can be funded in the Public Art budget this year. 2. $225,000 of the City’s American Rescue Plan Act (ARPA) funding was originally designated for play surface replacement at Fruitdale Park. Unbudgeted emergency stormwater repairs were necessary in 2023 and the play surface funding was redistributed to meet that need. A transfer of $225,000 is needed from Fund 32 (Open Space) to Fund 30 (CIP). The play surface will be updated using Open Space and Conservation Trust Fund dollars in 2024. 3. Fund 40 (Renewal Wheat Ridge Bond Projects) was established to track project expenses funded by the Renewal Wheat Ridge property tax increment bond series. The account’s main funding source is a reimbursement from Renewal Wheat Ridge. Therefore, this fund is budgeted to carry an ending fund balance of zero at the conclusion of each year. Carryovers in the 2023 fiscal year and project timing changes have resulted in the need to increase the 2023 budgeted transfer from Renewal Wheat Ridge by $2,076,950 and reduce expenditures by a total of $2,695,000. These changes will ensure the 2023 adjusted budget has an ending fund balance of zero at the end of the year and corrects the deficit shown in the 2024 budget. RECOMMENDATIONS: Staff recommends approval of this budget supplemental request. RECOMMENDED MOTION: “I move to approve Resolution No. 50-2023, a resolution amending the Fiscal Year 2023 budget to reflect the approval of a supplemental budget appropriation in the amount of $600,000 for the purpose of funding Wadsworth public art and emergency stormwater repairs, amending Fund 40 revenues and reducing Fund 40 expenditures by $2,695,003.” Or, “I move to postpone indefinitely Resolution No. 50-2023, a resolution amending the Fiscal Year 2023 budget for the following reason(s)_____________________________.” REPORT PREPARED AND REVIEWED BY: Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager Council Action Form – 2023 Budget Supplemental and Reductions November 27, 2023 Page 3 ATTACHMENTS: 1. Resolution No. 50-2023 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 50 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $600,000 FOR THE PURPOSE OF FUNDING WADSWORTH PUBLIC ART AND EMERGENCY STORMWATER REPAIRS, AMENDING FUND 40 REVENUES AND REDUCING FUND 40 EXPENDITURES BY $2,695,003 WHEREAS, the City prepared and adopted a 2023 budget; and WHEREAS, the City prepared estimates for year end 2023 during the development of the 2024 budget; and WHEREAS, to meet the City’s needs, some changes were made to the 2023 budget as presented in the 2024 budget; and WHEREAS, a supplemental budget appropriation is necessary to fund public art on Wadsworth Boulevard and emergency stormwater repairs; and WHEREAS, a supplemental budget reduction is necessary to ensure the Renewal Wheat Ridge Bond Projects Fund is adjusted to remain in balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1: The City of Wheat Ridge fiscal year 2023 Budget is amended to transfer $475,000 from Fund 31 (2E Fund) undesignated reserves to Fund 12 (Public Art Fund) fund balance carryover to fully fund the Wadsworth Public Art Project. Section 2: The City of Wheat Ridge fiscal year 2023 Budget is amended to transfer $225,000 from Fund 32 (Open Space Fund) undesignated reserves to Fund 30 (Capital Improvement Program Fund) fund balance carryover to transfer ARPA funding from a parks project to emergency stormwater repairs. Section 3: City of Wheat Ridge fiscal year 2023 Budget is amended to increase revenues in account 40-590-00-592 (Fund 40 Transfer from Renewal Wheat Ridge) by $2,076,950 and reduce the following accounts as specified: • Reduce 40-101-800-805 by $80,566 • Reduce 40-102-800-805 by $1,506,517 • Reduce 40-103-800-803 by $1,107,920 ATTACHMENT 1 DONE AND RESOLVED this 27th day of November 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ITEM NO: 1b DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 51-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,177 FOR THE PURPOSE OF ACCEPTING THE 2023 EDWARD BYRNE JUSTICE ASSISTANCE GRANT TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATOR UNITS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The Police Department received an Edward Byrne Justice Assistance Grant (JAG) Award for $14,177 from the Department of Justice, Office of Justice Programs. This grant award was not included in the 2023 Budget. PRIOR ACTION: The City of Wheat Ridge has received Edward Byrne Justice Assistance Grant (JAG) awards on an annual basis for many years. FINANCIAL IMPACT: JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice and criminal justice related research and evaluation activities that improve or enhance: • Law enforcement programs Council Action Form – Acceptance of JAG Grant November 27, 2023 Page 2 • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation and technology improvement programs • Crime victim and witness programs (other than compensation) The department cannot use the grant funding to replace or supplant nonfederal funds which have been secured for the same purpose. JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety. BACKGROUND: The Police Department has identified one project that meets the criteria. The Wheat Ridge Police Department will use the funds to purchase six (6) automated external defibrillator (AED) units, carrying cases, and one-year medical directions for each of the AEDs. These units will be used in a portion of the patrol vehicles fleet. An AED is used to help those experiencing sudden cardiac arrest. It's a sophisticated, yet easy-to-use, medical device that can analyze the heart's rhythm and, if necessary, deliver an electrical shock, or defibrillation, to help the heart re-establish an effective rhythm. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 51-2023, a resolution amending the Fiscal Year 2023 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $14,177 for the purpose of accepting the 2023 Edward Byrne Justice Assistance Grant to purchase automated external defibrillator units.” Or, “I move to postpone indefinitely Resolution No. 51-2023, a resolution amending the Fiscal Year 2023 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $14,177 for the purpose of accepting the 2023 Edward Byrne Justice Assistance Grant to purchase automated external defibrillator units for the following reason(s) _____________________________________.” REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager Council Action Form – Acceptance of JAG Grant November 27, 2023 Page 3 ATTACHMENTS: 1. Resolution No. 51-2023 2. Award Package FAW 177731 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION 51 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $14,177 FOR THE PURPOSE OF ACCEPTING THE 2023 EDWARD BYRNE JUSTICE ASSISTANCE GRANT TO PURCHASE AUTOMATED EXTERNAL DEFIBRILLATOR UNITS WHEREAS, the City of Wheat Ridge shall serve as point of contact and grant administrator for the Justice Assistance Grant Program, hereafter referred to as JAG, from the U.S. Department of Justice for the amount of $14,177; and WHEREAS, JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities; and WHEREAS, purchasing and accounting methods will be in accordance with the subgrantee governing jurisdiction’s established policies and ordinances that govern the requisition and purchase of equipment and supplies; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes acceptance of the JAG grant and an amendment to account number 01-202-650-660 in the amount of $14,177 for purchase of six (6) automated external defibrillator (AED) units, carrying cases, and one-year medical directions for each of the AEDs. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. DONE AND RESOLVED THIS 27th day of November 2023. __________________________ Bud Starker, Mayor ATTEST: _____________________________ Steve Kirkpatrick, City Clerk Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient:CITY OF WHEATRIDGE 7500 W 29TH AVE City, State and Zip:WHEAT RIDGE, CO 80033 Recipient UEI:TEAYNF4J6VC8 Project Title: Wheat Ridge Police Department AED Project Award Number: 15PBJA-23-GG-03191-JAGX Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Federal Award Amount: $14,177.00 Federal Award Date: 9/22/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type:Grant Opportunity Category: D Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/24 Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/24 Project Description: The Wheat Ridge Police Department will use the funds to purchase six AED units, carrying cases, and one-year medical directions for each of the AEDs. These units will be used in a portion of the patrol vehicles fleet. Page: 1 of 23 ATTACHMENT 2 Award Letter September 22, 2023 Dear Jen Clay, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF WHEATRIDGE for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $14,177. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 23 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accordingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. NEPA Coordinator First Name Orbin Middle Name Last Name Terry Page: 3 of 23 Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CITY OF WHEATRIDGE UEI TEAYNF4J6VC8 Street 1 7500 W 29TH AVE Street 2 City WHEAT RIDGE State/U.S. Territory Colorado Zip/Postal Code 80033 Country United States County/Parish Province Award Details Federal Award Date 9/22/23 Award Type Initial Award Number 15PBJA-23-GG-03191-JAGX Supplement Number 00 Federal Award Amount $14,177.00 Funding Instrument Type Grant Assistance Listing Number Assistance Listings Program Title 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) [X] I have read and understand the information presented in this section of the Federal Award Instrument. Project Information Page: 4 of 23 This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Application Number GRANT13955772 Awarding Agency OJP Program Office BJA Grant Manager Name Patrick Fines Phone Number 202-598-7516 E-mail Address Patrick.Fines@usdoj.gov Project Title Wheat Ridge Police Department AED Project Performance Period Start Date 10/01/2022 Performance Period End Date 09/30/2024 Budget Period Start Date 10/01/2022 Budget Period End Date 09/30/2024 Project Description The Wheat Ridge Police Department will use the funds to purchase six AED units, carrying cases, and one-year medical directions for each of the AEDs. These units will be used in a portion of the patrol vehicles fleet. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Page: 5 of 23 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, “Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety,” OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient (“subgrantee”) at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the “controlled equipment” list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Page: 6 of 23 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. Page: 7 of 23 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must Page: 8 of 23 advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. Page: 9 of 23 E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply Page: 10 of 23 with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been Page: 11 of 23 reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider Page: 12 of 23 a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- Page: 13 of 23 tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 31 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. Page: 14 of 23 The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to Page: 15 of 23 obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 39 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must Page: 16 of 23 submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such Page: 17 of 23 evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more Page: 18 of 23 and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs” and the requirements for the “Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs” do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). Page: 19 of 23 56 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 57 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 60 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment’s protection against unreasonable searches and seizures and the First Amendment’s freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Page: 20 of 23 Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition. [X] I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Deputy Assistant Attorney General Name of Approving Official Maureen Henneberg Signed Date And Time 9/18/23 9:38 PM Authorized Representative Declaration and Certification Entity Acceptance Title of Authorized Entity Official Grants Manager Name of Authorized Entity Official Jen Clay Signed Date And Time 9/26/2023 5:14 PM Page: 21 of 23 ITEM NO: 1c DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 52-2023 – A RESOLUTION SUPPORTING AN APPLICATION FOR THE COMMUNITY IMPACT GRANT PROGRAM FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND TO SUPPORT THE CONSTRUCTION OF THE GREEN AT 38TH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Parks and Recreation Director City Manager ISSUE: The Parks and Recreation Department wishes to apply to the Great Outdoors Colorado (GOCO) Community Impact grant program to request $700,000 in funding to support the construction of the Green at 38th project. A City Council Resolution of support is required to apply, which includes supporting the application and, if funded, authorizing the Mayor to sign the grant agreement and accept the funding. PRIOR ACTION: There has been no prior Council action directly with this application. FINANCIAL IMPACT: The Department requests Council support for this application to supplement the Green at 38th project budget. The project is currently in the design phase and construction cost is estimated to be up to $6.5 million, depending on final design decisions. If funded, the $700,000 GOCO request would go towards the construction cost. CAF – GOCO Community Impact Grant Application November 27, 2023 Page 2 BACKGROUND: The Green at 38th project launched in 2018 with a community stakeholder group that created the project vision statement: “Create a flexible and safe gathering space that can be used for community events, concerts, and festivals while also providing a physical buffer and separation from the school space.” Architerra is the design firm with the project since 2018. From 2021-2023, through community engagement, the project concept and included amenities were narrowed down and project design began. The City contracted with ECI in 2023 to support preconstruction work as the project’s Construction Manager/General Contractor. Groundbreaking is scheduled for early June 2024 with anticipated completion in 2025. RECOMMENDATIONS: Staff is recommending passing this Resolution of support to allow the City to apply for state funding via this application. RECOMMENDED MOTION: “I move to approve Resolution No. 52-2023 – a resolution supporting an application for the Community Impact Grant Program from the State Board of the Great Outdoors Colorado Trust Fund to support the construction of the Green at 38th.” Or, “I move to postpone indefinitely Resolution No. 52-2023 – a resolution supporting the grant application for the Community Impact Grant Program from the State Board of the Great Outdoors Colorado Trust Fund to support the construction of the Green at 38th.” 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. 52-2023 2. Great Outdoors Colorado Community Impact program application template ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 52 Series of 2023 TITLE: A RESOLUTION SUPPORTING AN APPLICATION FOR THE COMMUNITY IMPACT GRANT PROGRAM FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND TO SUPPORT THE CONSTRUCTION OF THE GREEN AT 38TH WHEREAS, the City of Wheat Ridge supports the Great Outdoors Colorado grant application for the Green at 38th project; and WHEREAS, the City of Wheat Ridge has requested $700,000 from Great Outdoors Colorado to help fund the Green at 38th construction; and WHEREAS, Wheat Ridge City Council approval is required to submit an application to the Community Impact Grant Program and accept funds from the State Board of the Great Outdoors Colorado Trust Fund. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of Wheat Ridge Colorado, that: Section 1: The Mayor and City Council of the City of Wheat Ridge strongly support the application for a grant with Great Outdoors Colorado. Section 2: If the grant is awarded, the Mayor and City Council of the City of Wheat Ridge strongly support the fulfillment of the project. Section 3: If the grant is awarded, the Mayor and City Council hereby authorize the Mayor to sign the grant agreement with Great Outdoors Colorado. Section 4: If the grant is awarded, the Mayor and City Council of the City of Wheat Ridge authorize the expenditure of funds necessary to meet the terms and obligations of the grant agreement. DONE AND RESOLVED this 27th day of November 2023. __________________________________ Bud Starker, Mayor ATTEST: ____________________________ Stephen Kirkpatrick, City Clerk 1 COMMUNITY IMPACT PROGRAM Great Outdoors Colorado’s (GOCO) Community Impact Program seeks to enhance a community’s quality of life and access to the outdoors through investments in capital infrastructure projects and the community-driven processes that inform them. We believe when partners work together with community members in project visioning and design, and when processes elevate unheard voices, outdoor connections are more impactful and communities become more cohesive and inclusive. People and communities experience a multitude of benefits from an increased connectedness to the outdoors ranging from improvement to physical and psychological health, to diversified local economies, to educational impacts and more. Funding for the outdoors can also be a meaningful equity lever in Colorado – and a means to address issues of disparity and disproportionality. When developing local projects, we ask partners to consider the multi- faceted benefits of outdoor recreation and outdoor education and advance the most needed and urgent projects that will serve the highest and best interests of their communities. Through this program, GOCO invites partners to apply for funding to develop and revitalize parks, trails, school yards, fairgrounds, environmental education facilities, and other outdoor projects as identified and prioritized by the communities they serve. To facilitate project outcomes, applicants may request funding, as needed, for the following components: ●Local capacity building through investments in existing staff, community members, and/or consultants ●Community planning, organizing and collaboration to identify existing barriers to outdoor experiences and solutions for overcoming them ●Land acquisitions ●Site-specific, community-centered design ●Storytelling, project communications, and celebrations Proposed projects must reflect one or more of GOCO’s program values as identified in our 2020 strategic plan and outlined later in this document. These values are intentionally open to interpretation and definition by our partners; how they are or could be reflected in each community is unique. And not every project will integrate multiple values. Projects that demonstrate several values, as well as projects that embody a singular value, can have ATTACHMENT 2 2 meaningful impacts and significant merit. GOCO regional program officers look forward to working with partners on project visioning and development to ensure your valuable time is spent on projects that will compete well in this program. Please connect with us early so that we can provide guidance on competitive proposals, review our concepting to application framework, and have our team provide feedback on draft materials. We know the community needs of our statewide network are vast and we look forward to hearing your ideas and working with you to advance projects throughout Colorado. ABOUT US: GOCO invests a portion of Colorado Lottery proceeds to help preserve and enhance the state's parks, trails, wildlife, rivers, and open spaces. Our independent board awards competitive grants to local governments and land trusts and makes investments through Colorado Parks and Wildlife. Created by voters in 1992, GOCO has committed more than $1.3 billion in lottery proceeds to more than 5,300 projects in all 64 counties without any tax dollar support. For more information, please visit www.GOCO.org. General Guidance and Grant Information BEFORE YOU BEGIN: Contact your GOCO regional program officer to discuss your project in detail using the contact information on our staff webpage. Together, you will determine whether your vision will compete well in the Community Impact Program. APPLICANT ELIGIBILITY: This program is open to entities eligible to receive GOCO local government and open space funds as listed below. Ineligible entities can partner with an eligible entity to apply. As always, GOCO strongly encourages partnerships. a. Colorado municipality or county b. Title 32 special district eligible to receive distributions from the Conservation Trust Fund c. Political subdivision of the State of Colorado that includes in its mission the identification, acquisition, or management of open space and natural areas d. 501(c)(3) non-profit land conservation organization that includes in its mission the identification, acquisition, or management of open space and natural areas, e.g., land trusts e. Colorado Parks and Wildlife APPLYING: Applicants should work with their regional officer through a concepting process, which can take several months or longer depending on the proposal. GOCO will accept draft concept papers on a rolling basis and can provide feedback. As part of an iterative process, staff 3 will reflect on the readiness and competitiveness of a proposal and make recommendations regarding a concept paper submission. Staff collectively considers all concept papers submitted in a cycle and will invite the most competitive projects to submit a full application. GOCO may ask clarifying questions of applicants at the concept or application stage to better understand your project. Staff may coordinate site visits to learn more about the opportunities in a community and hear more from the residents and stakeholders involved in planning processes. We may also seek additional written information for certain proposals. The content of conversations and any additional information submitted become part of the concept or application and open for discussion during staff or peer review as a means of vetting the merit of individual projects. All application materials and related communications may be subject to Colorado Open Records Act requests. PROGRAM VALUES: Projects should encompass one or more of GOCO’s program values as identified in our 2020 strategic plan: Resource conservation | We value strategic land conservation and resource protection work. Outdoor stewardship | We support sustainability of and improvements to the state’s natural and recreational resources. Community vitality | We invest in conservation and outdoor recreation efforts that support communities and quality of life. Equitable access | We partner with communities to break down barriers to the outdoors. Youth connections | We believe children and their families deserve opportunities to get outside and experience all the benefits of doing so. GRANT AMOUNT AND MATCH REQUIREMENTS: GOCO will consider grant requests between $100,000 and $1,000,000, with consideration for requests outside that range on a case-by-case basis. Please remember that GOCO serves communities throughout Colorado and appreciates applicants keeping requests reasonable and reflective of expected outcomes. Applicants will work with their GOCO regional program officer to customize a match amount for your project based on your community’s ability to match and to identify expenses eligible as match. 4 TIMELINE FOR COMPLETION: Applicants will work with their GOCO regional program officer to customize a timeline for your project based on the various deliverables. GOCO will prioritize projects that will begin immediately upon notice of award or execution of a grant agreement. PROPERTY OWNERSHIP: The applicant or partner entity must own or have control over the property upon which the proposed project will take place. GOCO requires a formal agreement between parties when the applicant is not the owner or controlling entity. Applicants seeking funding for projects involving federal land must discuss the proposal with GOCO staff prior to submitting a concept paper or application. GOCO cannot fund the recreational development of a property that a government entity condemned specifically for that recreational development. GOCO may consider participating in recreational development on lands previously acquired through condemnation for a purpose other than recreational development. PUBLIC ACCESS: The public must have reasonable public access to any project funded by GOCO. WILDLIFE REVIEW: Applicants should work with their GOCO regional program officer and the local CPW Area Wildlife Manager (AWM) to understand, document, and mitigate any impacts to wildlife habitat. We ask that you contact the AWM well in advance of the application deadline. SITE VISITS: GOCO staff may conduct site visits scheduled in collaboration with the project leads identified in the concept paper or application. ELIGIBLE COSTS AND MATCH: The following table, though not comprehensive, outlines specific eligible costs for this program. Please discuss any potential project expenses with GOCO to determine the eligibility of those expenses prior to applying. ELIGIBLE COSTS Costs associated with project planning/coordination/implementation/communications/ celebration Staff expenses incurred by the applicant and any contracted service providers for professional services directly related to project outcomes and administration. Costs of surveys, engineering, design, GIS/mapping, land acquisition due diligence costs, etc. Costs associated with volunteer engagement and retention, e.g., prizes, awards, food, etc. PROPOSAL REVIEW: The guidelines and criteria that inform GOCO’s project review and decision-making process is available on our website. GOCO strives to support applicants through the application process with feedback and guidance to minimize the investment of partner time and resources on concepts and applications deemed less competitive. GOCO is committed to a 5 fair, equitable, and efficient review process from concept papers to applications and will use a consensus-based process to arrive at funding recommendations. GOCO relies upon the collective wisdom of reviewers rather than vesting power or authority in individual reviewers. GOCO staff will review concept papers on a rolling basis, prior to the concept paper submission deadline for the concurrent grant cycle. The concepting stage is an iterative process between GOCO’s regional program officers and partners to generate the best possible proposal for any given grant round. GOCO staff will evaluate the merit of each proposal and assess the project’s relative potential to help advance one or more of GOCO’s program values. The review is comprehensive across GOCO’s four base programs – Community Impact, Stewardship Impact, Planning & Capacity, and Land Acquisition. GOCO staff will invite successful concept paper applicants to submit a full application and will provide feedback to unsuccessful applicants. Invited applications submitted by the due date are subject to a formal peer review process where GOCO will convene a group of peer reviewers to evaluate project merit. Reviewers will assess each application, including any additional supplemental or clarifying information submitted. As with the concept paper review, GOCO will provide feedback to unsuccessful applicants. Grant Administration Information If a grant is awarded, GOCO will assign a Grants Officer to work with the project lead on all aspects of grant administration including execution of a grant agreement, due diligence items, reporting criteria, grant payment options, and signage requirements. GOCO prefers to disburse funds on a reimbursement basis with a single payment occurring when the project is completed. However, grantees can request one progress payment of up to 75% of the grant amount prior to project completion with the remaining 25% paid upon project completion. Should either reimbursement option create barriers for project completion, please discuss available alternatives, including partial advanced payments, with your regional program officer. Please contact a Grants Officer now if additional grant administration information is a necessary consideration prior to application. You can find relevant contact information at the link below. Contact 6 Our Grant Programs team is available to discuss your project and proposal so feel free to reach out using the contact information found on our staff webpage. We look forward to working with you! COMMUNITY IMPACT PROGRAM APPLICATION 1 Checklist To ensure equity among applicants we ask that you adhere to the following when submitting materials. Please do not submit additional documents outside of those requested below. ☐ Project Summary Information form ☐ Responses to Proposal Narrative prompts ☐ Limit narrative responses to 6 pages ☐ Use 11 pt or larger font and 1-inch margins for formatting ☐ Do not include letterhead or organizational logos as part of the narrative ☐ Please limit the use of hyperlinks. Hyperlinks to other materials, such as a project website, may be included to demonstrate project elements that cannot be illustrated as an attachment due to scope or file size. ☐ Budget and optional budget narrative* ☐ Resolution from governing body of each applicant ☐ Wildlife Review* ☐ Indication of support (up to five e.g. letters of support from partners, community members, volunteers; summary of media articles, broadcasts; testimonials, etc.) ☐ Applicants may consider providing the following attachments: ☐ Maps or diagrams (up to two pages; highly recommended to provide a sense of location, community assets, and scope of work) ☐ Planning documents (extract up to two pages of pertinent information, e.g. infographic, process outlines, comments, data) ☐ Photos (up to two pages) ☐ Timeline * Please use the template or form provided on the program page. 2 Project Summary Information Project Title: Applicant Organization(s): Applicant Name(s): Partner Organization (if applicable): Partner Name (if applicable): Amount Requested: Estimated Total Project Cost: Estimated Grant Period (years): Brief Project Description (limit to space provided without expanding the text box; use 10 pt font) 3 Proposal Narrative Please submit a concise narrative using the following prompts. Responses need not follow the formatting below but should answer all considerations put forth. Please limit narrative responses to 6 pages: ● Describe the proposed project and the community need it will address related to outdoor recreation and/or outdoor education. Discuss the multi-faceted benefits of this project and how it will enhance your community’s quality of life. ● Reflect on the community-driven nature of this project and what that means for your community. Discuss efforts to date or any anticipated work to involve community members in project visioning and design and to elevate unheard voices in your community. ● Reflect on the intended outcomes of your project and the multiple benefits it will provide for your community and discuss the partnerships you have or will pursue to achieve those benefits. Discuss the nature of each partnership and what it will bring to the table. ITEM NO: 2 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2023 – AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S BILLBOARD REGULATIONS, AND MAKING CONFORMING AMENDMENTS THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (11/13/23) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/27/23) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance updates the City’s billboard regulations to accomplish several main goals: to remove the lottery process for billboard vacancies, to reduce the maximum number of billboards within the City as they are abandoned, to establish a maximum distance between billboards and the highway, and to clarify existing development standards. PRIOR ACTION: This topic was discussed with City Council in a study session on September 25, 2023, at which time Council provided consensus for staff to proceed with a code amendment. Council supported the changes proposed by staff and provided policy direction to prohibit new billboards. Planning Commission reviewed this ordinance at a public hearing held on October 19, 2023, and recommended approval by a vote of 4 to 1. A copy of the Planning Commission minutes is attached. Council Action Form – Billboard Regulations November 27, 2023 Page 2 City Council approved this ordinance on first reading on November 13, 2023. A motion was made by Councilmember Ohm and seconded by Councilmember Weaver and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. BACKGROUND: Since 1991, the City Code has allowed up to 16 billboards within the city limits. In 2007, the definition of a billboard was revised to include that it must be “oriented to the interstate highway.” Based on that code change, a determination was made in 2015 that two signs previously considered billboards were no longer because they were too far from the highway. This resulted in two billboard vacancies. One was filled quickly, but the second has yet to be filled after a series of unsuccessful lottery processes. The most recent lottery process resulted in an appeal from the applicant to the Board of Adjustment, District Court, and Colorado Court of Appeals. The appeal is based on the ambiguity of what it means to be “oriented to the interstate highway.” Based on lessons learned over the last eight years, staff discussed billboard regulations with City Council on September 25, 2023, and proposed several clarifications in the code. Council direction was to proceed with clarifications and updates to development standards. Council also provided policy direction to reduce billboards as they are vacated. Billboards provide no revenue to the City and do not usually advertise for local businesses. As a result, staff is recommending that the billboard code be repealed and reenacted to incorporate the proposed changes in a clear and concise manner. The current code is also attached for reference. PROPOSED ORDINANCE: The ordinance consists of several changes, which are outlined below, and are based on the consensus of City Council from the September 25, 2023, study session, with additional input from the City Attorney. The proposed code amendment addresses several main topics: 1. Removes the lottery process for vacancies. There is no longer a need for a lottery process, if the number of billboards allowed in the City is reduced when a billboard is fully abandoned (see item 3 below). 2. Establishes clear language on what constitutes an abandoned billboard. Code language was added to ensure billboard owners and property owners understand how a billboard can be considered fully abandoned and requirements for removal of abandoned billboards. 3. Reduces the maximum number of billboards within the City as they are abandoned. Once a billboard is deemed to be fully abandoned, that billboard must be removed and a Council Action Form – Billboard Regulations November 27, 2023 Page 3 new one cannot be installed in its place or in a new location. This does not prevent the sign owner from temporarily removing the sign for maintenance or reconstruction, and the repair and replace language is similar to the current code language. 4. Provides a clear process for non-maintenance that could result in a billboard being deemed abandoned. This section covers the notice and hearing process by which an unmaintained sign that is no longer structurally sound or safe may be determined to be an abandoned billboard. Adding a clear process provides applicants with an avenue to repair or reconstruct the sign and provides the City with defensibility in the event of a lawsuit. 5. Establishes a maximum distance between billboards and the highway in the code. The recent appeal is based largely on ambiguous language regarding what it means for a billboard to be “oriented to an interstate highway.” The City’s 15 existing billboards are all within 250 feet of the highway. Establishing a maximum distance between a billboard and the highway would eliminate the ambiguity of the phrase “oriented to” and would provide significantly more clarity for staff and applicants. The Colorado Department of Transportation (CDOT) enforces state and federal regulations related to billboards that are within 660 feet of highway right-of-way. This distance was recommended in 1990, but not codified and local zoning can establish a different and more restrictive dimensional standard. 6. Addresses changeable copy signs. None of the billboards within the City use electronic messaging or changeable copy, as defined by the code. All are static billboard signs. Staff suggests adding a prohibition against changeable copy for billboards since they can be very distracting for drivers and because changeable copy has previously been determined to be prohibited for billboards. 7. Provides clarifications. Several minor clarifications are recommended to be codified based on the pattern of questions received over the last decade. These clarifications address the following: a. The specific method by which setbacks are measured. b. The specific method by which height is measured. c. The standards associated with V-shaped billboards. Most billboards in the City are already double-sided, and it is customary to include a maximum angle for a double-sided billboard that is V-shaped. d. Defines a “pedestal” type sign. 8. Amends the Official Billboard Zoning Map. Since all of the existing billboards are located withing the area previously known as “B,” there is no reason to keep area “A” on the map, and the map should be amended accordingly. RECOMMENDATIONS: Staff recommends approval of the ordinance. Council Action Form – Billboard Regulations November 27, 2023 Page 4 RECOMMENDED MOTION: “I move to approve Council Bill No. 28-2023, an ordinance repealing and reenacting Section 26- 712 of Article VII of Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s billboard regulations, and making conforming amendments therewith, on second reading, order it published, and that it take effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 28-2023, an ordinance amending Section 26-712 of Article VII of Chapter 26 of the Wheat Ridge Code of Laws, concerning the City’s billboard regulations, and making conforming amendments therewith for the following reason(s): ______________________________________.” REPORT PREPARED/REVIEWED BY: Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2023 2. Current Section 26-712 of the Code of Laws 3. Planning Commission Minutes of October 19, 2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 28-2023 ORDINANCE NO. 1780 Series 2023 TITLE: AN ORDINANCE AMENDING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE CITY’S BILLBOARD REGULATIONS, 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; 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; WHEREAS, in the exercise of this authority, the Council has previously adopted Section 26-712 of Article VII of Chapter 26 of the Code of Laws, concerning billboard requirements; WHEREAS, the Council recognizes that from time to time the City’s zoning code needs to be updated to establish standards not included in original regulations, to include modern terms and uses, and to provide clarity to City staff and the public; and WHEREAS, the Council finds that the billboards requirements found at Section 26-712 of Article VII of Chapter 26 have not been comprehensively reviewed or updated since the amendment in in 2016 and require revision. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-712 of the Wheat Ridge Code of Laws, concerning billboards, is hereby repealed, and reenacted as follows: Sec. 26-712. Billboards; specifications and regulations. A. General provisions. 1. Intent. The intent of this section is as follows: a. To prohibit new billboards within the city; b. To honor the rights of existing billboard owners; c. To provide minimum standards and a process for maintenance and replacement; and d. To provide a process for abandoning billboards. 2. Billboard District. For the purpose of this section, the city has one (1) billboard district, as shown on the official billboard zoning map of the city and incorporated herein, as shown below as the shaded area. Official Billboard Zoning Map 3. State approval required. Billboard structures are allowed in the city as provided by this section; provided that any billboard proposed to be rebuilt or replaced within six hundred sixty (660) feet of the right-of-way line of any state or federal highway requires approval by the state in writing and that such written approval is made available to the department of community development. 4. No existing billboard may be rebuilt or replaced except in conformance with these regulations. B. Maximum Number of Billboards Permitted. 1. On and after [codifier to enter effective date of this ordinance], the maximum number of allowed billboards within the City is fifteen (15). 2. When a billboard is fully abandoned, as described in subsection F., below, the maximum number of billboards within the City shall automatically be reduced accordingly. C. Design standards. 1. Roof-mounted billboards are not allowed. Billboard District Figure 26-712.1 2. Changeable copy billboard signs are not allowed. 3. Billboards shall be located within two hundred and fifty (250) feet of a highway, excluding on- and off-ramps, as measured radially from the leading edge of the billboard to the closest edge of the highway right-of- way line. 4. Structure setbacks shall be as required for a principal structure in the zoning district where the billboard is located and shall be measured perpendicularly from the property line to the leading edge of the billboard or structure, whichever is closest. 5. All replacement billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. As used herein, “pedestal” type signs are freestanding signs supported by one or more columns, poles, or support structures. 6. The maximum sign face size for a single-sided, two-sided, or V-shaped sign with an angle of less than sixty (60) degrees shall not exceed seven hundred fifty (750) square feet per sign face. For V-shaped signs with greater than a 60-degree angle, the combined size of both sign faces shall not exceed 750 square feet, and the total length of both sign faces shall not exceed six (6) times the height of the sign face. 7. The maximum height to the highest point of the billboard shall not exceed thirty-two (32) feet. D. Maintenance. 1. Billboards shall be maintained in a neat and safe condition. 2. When, in the opinion of the chief building official, the safety of an existing billboard is questionable, the billboard owner shall, within thirty (30) days of notification of the same from the chief building official, either remove the billboard or furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural, or mechanical engineering certifying to its safety. 3. In the event the requested certificate is provided and approved by the chief building official, no further action is necessary. 4. In the event the certificate is not provided, or if provided, is deemed by the chief building official to be insufficient, the billboard owner shall have an additional thirty (30) days to provide a revised certificate or remove the billboard. 5. In the event the certificate is not amended to the satisfaction of the chief building official, or the billboard is not removed, the billboard shall be deemed abandoned, and the City may proceed with administrative enforcement under Article V of Chapter 2 of the Code of Laws and/or prosecution in the municipal court under Sections 1-5 and 1-6 of the Code of Laws. E. Temporary removal and replacement. 1. A billboard may be temporarily removed and replaced under the following conditions: a. The owner of the billboard or the property upon which it is located has filed written notice of its intent to temporarily remove the billboard with the community development director, which notice shall include the purpose for the temporary removal and a projected timeline to replace the billboard; b. The billboard is proposed to be removed to perform structural upgrades or modifications or for a similar purpose approved by the community development director; c. The billboard will be relocated on the same property in substantially the same location, as determined by the community development director in their sole discretion; d. The time the billboard is removed shall not exceed one hundred eighty (180) days; e. The community development director has issued written approval of the temporary removal; and f. All required building permits, licenses, or other approvals necessary to lawfully remove the billboard have been obtained prior to removal. 2. Failure to comply with any of the conditions under which temporary removal is permitted under subsection E.1., above, shall be considered abandonment. F. Abandonment. 1. A billboard may be deemed fully abandoned if one (1) of the following occurs: a. The owner of the billboard or the property owner upon which the sign is located files written notice of its intent to abandon the billboard with the community development director. It shall be unlawful for an owner to fail to remove a billboard as specified in a notice of intent to abandon filed hereunder. A billboard existing after the date of its abandonment shall be and is hereby declared a nuisance, as defined by Section 15-4 of this Code, and shall be subject to the abatement and other enforcement remedies and penalties set forth under Article II of Chapter 15 of this Code; b. Following notice from the city based on failure of the billboard owner to adequately maintain the sign pursuant to subsection D., above; or c. Removal without following the temporary removal and replacement process outlined in subsection E., above. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 2. 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 13th day of November 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for November 27, 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: November 14, 2023 Second Publication: November 28, 2023 Effective Date: December 13, 2023 Published: Jeffco Transcript and www.ci.wheatridge.co.us Created: 2023-10-12 10:20:14 [EST] (Supp. No. 71, Update 1) Page 1 of 3 Sec. 26-712. Billboards; specifications and regulations. A.General provisions. 1. For the purpose of this subsection, the city is divided into two (2) billboard districts, B-1, and B-2, as shown on the official billboard zoning map of the city and incorporated herein as seen below. Official Billboard Zoning Map 2. Billboard structures are allowed in the city as provided by this section; provided, that any billboard proposed to be located, relocated or rebuilt within six hundred sixty (660) feet of the right-of-way line of any state or federal highway is additionally approved by the state in writing and that such written approval is made available to the department of community development. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Roof billboards are not allowed. 5. All new billboards shall be of the pedestal type, unless prohibited by soil conditions as certified by a professional engineer. 6. Existing billboards are to be maintained in a neat and safe condition; provided, that no existing billboard may be rebuilt or replaced except in conformance to these regulations; and provided, that when, in the opinion of the building inspector, the safety of an existing billboard is questionable, the billboard owner shall either remove the billboard within thirty (30) days of notification or shall furnish a certificate from a Colorado-registered professional engineer with a specialization in civil, structural or mechanical engineering certifying to its safety. ATTACHMENT 2 Exhibit 1: Current Section 26-712 of the Code of Laws Created: 2023-10-12 10:20:14 [EST] (Supp. No. 71, Update 1) Page 2 of 3 B. B-1 district. On and after January 1, 1996, billboards are prohibited in the B-1 district. C. B-2 district. 1. Maximum number allowed is sixteen (16); provided, that existing billboards located within the B-1 district may be relocated to the B-2 district regardless of the maximum number. 2. Maximum size equals seven hundred fifty (750) square feet. 3. Setbacks shall be as required for a principal structure in the zoning district where located. 4. Maximum height shall be thirty-two (32) feet. 5. Length shall not exceed three and one-half (3½) times the height. 6. No new billboard may be located closer than six hundred (600) feet to any other billboard facing in the same direction on the same roadway as defined by roadway name or number. 7. Nonconforming billboards are subject to the provisions of section 26-707A. hereof. D. Processing of billboard vacancies. 1. An existing billboard will be considered abandoned, creating a billboard vacancy, under the following circumstances: a. The owner of the billboard or the property upon which it is located files written notice of its intent to abandon the billboard with the director of community development. In this event, the city may begin to process the pending vacancy, as set forth in this subsection d., prior to the removal of the billboard. It shall be unlawful for an owner to fail to remove a billboard as specified in a notice of intent to abandon filed hereunder. A billboard existing after the date of its abandonment shall be and is hereby declared a nuisance, as defined by section 15-4 of this Code, and shall be subject to the abatement and other enforcement remedies and penalties set forth under article ii of chapter 15 of this Code. b. A billboard is removed; provided however that a billboard may be temporarily removed and re- located, under the following conditions: (1) The owner of the billboard or the property upon which it is located has filed written notice of its intent to temporarily remove the billboard with the director of community development, which notice shall include the purpose for the temporary removal and a projected timeline to re-locate the billboard; (2) The billboard is proposed to be removed to perform structural upgrades, modifications or another purpose approved by the community development director; (3) The billboard will be re-located on the same property in substantially the same location, as determined by the community development director in his or her sole discretion; (4) The time the billboard is removed shall not exceed one hundred eighty (180) days; (5) The community development director has issued prior written approval of the temporary removal; and (6) All required building permits, licenses or other approvals necessary to lawfully remove the billboard have been obtained prior to removal. c. Failure to comply with any of the conditions under which temporary removal is permitted under subparagraph 1.b., above. 2. Whenever an abandonment or other event results in fewer than the maximum permitted number of billboards to be located within the city, the city shall declare that a vacancy exists and publish notice of Exhibit 1: Current Section 26-712 of the Code of Laws Created: 2023-10-12 10:20:14 [EST] (Supp. No. 71, Update 1) Page 3 of 3 the vacancy on the city's website and post such notice at the city's official posting places. The determination and declaration of a vacancy shall be in the city's sole and absolute discretion. The notice of vacancy shall provide that interested parties must file a preliminary application with the city within thirty (30) days of the date of notice. 3. The city shall accept preliminary applications from interested parties for thirty (30) days from the date of the notice of vacancy. Preliminary applications must include, at a minimum, the following information: a. A letter of intent from the applicant; b. The proposed location of the billboard, including either property address or assessor parcel id; and c. Written permission of the property owner to locate the billboard, if the property owner is not the named applicant. 4. The community development director will determine whether preliminary applications are complete and proposed locations are eligible pursuant to chapter 26 of the Code of Laws. 5. In the event more than one complete and eligible preliminary application is timely filed, the city shall select one preliminary application to continue processing by lottery. All potential applicants in the lottery shall be notified of the time and place that lots shall be drawn and may attend and observe the process. If the city does not receive any preliminary applications within the initial thirty-day response period, the city shall maintain the notice of vacancy on the city's website. The notice of vacancy shall be amended to reflect that the initial response period has lapsed and that preliminary applications will now be accepted and processed by the city in the order received. If more than one (1) preliminary application is thereafter received by city on the same date, the lottery process set forth above shall be used to select one (1) application to continue processing. 6. The sole or selected applicant must file a complete building permit application within one hundred eighty (180) days of: a. The date the applicant is selected by lottery, if so selected; b. The expiration of the initial thirty-day response period if the applicant is the only party that has filed a timely letter of intent; or c. The date of the applicant's preliminary application if submitted after the initial thirty-day response period; Provided, however, that the community development director may authorize an extension of not more than one hundred eighty (180) additional days upon a showing by the applicant that it is making substantial progress towards filing a complete application, as determined by the director in his or her sole and absolute discretion. 7. An applicant's failure to meet deadlines or to timely file materials and information necessary to comply with the permit process, as determined by the community development director in his or her sole and absolute discretion, shall result in the rejection of his or her application and the generation of a new notice of vacancy, in accordance with paragraph 2., above. (Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1288, §§ 1, 2, 5-12-03; Ord. No. 1610 , § 1, 10-10-16; Ord. No. 1641 , § 11, 4-23-18) Editor's note(s)—See note to § 26-711. ATTACHMENT 3 ITEM NO: 3 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 30-2023 - AN ORDINANCE AMENDING SECTION 2-33 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMUNITY SERVICE OFFICER CODE ENFORCEMENT POWERS PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: In an effort to bring greater compliance to the City’s licensing programs, a new compliance officer position is being created through a vacancy on the Community Services Officers (CSO) team. This position will focus on licensing compliance rather than typical CSO duties. In order to meet the objective of ensuring compliance with licensing programs, the City’s Code of Laws needs to be amended to expand the scope of City employees that are able to issue municipal court summons, including Chapter 11 licensing violations. Furthermore, the Code should also reflect that compliance officers shall be designated as peace officers akin to a CSO. PRIOR ACTION: This new position was discussed with City Council during the 2024 budget presentation. FINANCIAL IMPACT: This new position does not create a financial impact because it was fully funded and it was reassigned in the 2024 Budget from the Police Department to the Administrative Services Department. Council Action Form – CSO/Compliance Officer Authority November 27, 2023 Page 2 BACKGROUND: The body of work associated with licensing programs including short-term rentals, tobacco retailing, hotel and massage is greater than anticipated. In particular, the work associated with enforcing the regulations is challenging, nuanced, and very important to this Council and community. Currently, the City takes a team approach to implementing enforcement actions that includes Community Service Officers, Police Investigators, members of the Finance Division and members of City leadership. In an effort to bring greater compliance to these licensing programs and others, including home occupation business licenses, the City is centralizing responsibility under one CSO/Compliance Officer in the Finance Division. This employee will manage caseloads, akin to a CSO, but focus on licensing compliance rather than typical CSO duties. This approach requires an update to the Code so that the employee has the appropriate authority to do the work. RECOMMENDATION: Staff recommends approval of this council bill. RECOMMENDED MOTION: “I move to approve Council Bill No. 30-2023, an ordinance amending section 2-33 of the Wheat Ridge Code of Laws concerning Community Service Officer enforcement powers, order it published, public hearing set for Monday, December 11, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it takes effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 30-2023, an ordinance amending section 2-33 of the Wheat Ridge Code of Laws for the following reason(s) _________________.” REPORT PREPARED AND REVIEWED BY: Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 30-2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 30 ORDINANCE NO. 1732 Series 2023 TITLE: AN ORDINANCE AMENDING SECTION 2-33 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING COMMUNITY SERVICE OFFICER CODE ENFORCMENT POWERS 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. § 31-15-201, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the appointment, term of office, removal, powers, duties, and compensation of all officers and employees; and WHEREAS, City Staff has experienced issues with the enforcement of Chapter 11 licensing violations and would like to expand the scope of City employees that are able to issue municipal court summons for certain Chapter 11 violations; and WHEREAS, the Council desires to expand the enforcement powers of Community Service Officers as to include the enforcement of Chapter 11 licensing violations and to provide the City’s Compliance Officers with same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-33 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 2-33. - Authority of community service officers. Pursuant to the provisions of C.R.S. § 30-15-105 and the Colorado Municipal Court Rules, the city community service officers (“CSO” officers), INCLUDING CITY COMPLIANCE OFFICERS, are hereby designated as peace officers and shall be authorized to issue, sign, and serve summons, and complaints, AND detain and arrest suspects, and to make all the discretionary determinations required in order to enforce the provisions of chapters 4, 11, 13, 15, 16, 17, 20, 24, and 26. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 27th day of November 2023, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for December 11, 2023, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: November 28, 2023 Second Publication: December 12, 2023 Effective Date: December 27, 2023 Published: www.ci.wheatridge.co.us ITEM NO: 4 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 31-2023 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF CLEAR CREEK DRIVE, A PUBLIC ROADWAY PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Clear Creek Drive is currently under construction to extend the roadway approximately 500 feet to the northwest. As part of this extension, the existing cul-de-sac bulb was demolished and reconstructed. City staff has determined that the sidewalk easements at the previous cul-de-sac location are no longer necessary, and they will be vacated by this ordinance. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Clear Creek Drive is currently being extended by the master developer to provide secondary access to the Outlook II multi-unit development. As part of this extension, the existing cul-de-sac bulb will be demolished and reconstructed at the new terminus of the Clear Creek Drive approximately 500 ft to the northwest. The previous configuration of Clear Creek Drive (top) and the proposed extension (bottom) are shown in Figure 1 below. Council Action Form – Clear Creek Drive Cul-de-Sac Vacation November 27, 2023 Page 2 Figure 1 – Previous & Proposed Clear Creek Drive Layout Due to the bulb out design of the previous cul-de-sac, a very small section of sidewalk extended beyond City ROW, therefore an easement was required to encompass the sidewalk to allow for public access and future maintenance. With the relocation of the cul-de-sac, the sidewalk was straightened, and the previous sidewalk easement must now be vacated. The extent of the easements to be vacated are shown in red in Figure 2 on the following page. The northern easement consists of an area of approximately 0.012 acres (521 sq ft). The southern easement consists of an area of approximately 0.0085 acres (370 sq ft). With the demolition of the previous cul-de-sac there is not a public need for the existing easements. The two easements will be vacated, if approved by Council, and will no longer be an encumbrance on the adjacent private property owners. Council Action Form – Clear Creek Drive Cul-de-Sac Vacation November 27, 2023 Page 3 Figure 2 – Extent of easements to be vacated. RECOMMENDATIONS: Disposal of property, including an easement serving as an extension of right-of-way, is completed by ordinance. Staff recommends approval of the ordinance so that the easement can be vacated and the encumbrances on the private property owners can be removed. RECOMMENDED MOTION: “I move to approve Council Bill No. 31-2023, an ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway, order it published, public hearing set for Monday, December 11, 2023, at 6:30pm as a virtual meeting and in City Council Chambers and that it takes effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 31-2023, an ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway, for the following reason(s) ______________________________________________________________________.” Council Action Form – Clear Creek Drive Cul-de-Sac Vacation November 27, 2023 Page 4 REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Project Manager Mark Westberg, Project Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 31-2023 2. Legal Descriptions and Survey Exhibits ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 31 ORDINANCE NO. 1783 Series 2023 TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF CLEAR CREEK DRIVE, A PUBLIC ROADWAY WHEREAS, pursuant to C.R.S. § 31-15-702(1) and § 43-2-301, et seq., a petition has been filed by Evergreen – 40th & Clear Creek Crossing Apartments, L.L.C. (“Petitioner”) for the vacation of a portion of Clear Creek Drive, a public roadway within the City; and WHEREAS, a portion of sidewalk along Clear Creek Drive was originally constructed within an easement and has since been reconstructed in a different alignment; and WHEREAS, the sidewalk easement is no longer necessary and should be vacated; and WHEREAS, the portion of Clear Creek Drive easement requested to be vacated and which is the subject of this ordinance (the “Property”) is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of the Property described below. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. The following Property is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation as described in Exhibit A. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 4. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 27th day of November, 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for December 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: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: November 28, 2023 Second Publication: December 12, 2023 Effective Date: December 12, 2023 Published: www.ci.wheatridge.co.us ATTACHMENT 2 ITEM NO: 5 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 32-2023 – AN ORDINANCE VACATING ANY RIGHT-OF-WAY INTEREST HELD BY THE CITY IN A PORTION OF MILLER COURT PUBLIC HEARING ORDINANCES FOR 1ST READING (11/27/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ______________________________ Community Development Director City Manager ISSUE: A portion of right-of-way near Miller Court and W 37th Place has been deemed to be unnecessary by the Community Development Department. This portion of right-of-way is not built or used as a roadway and is proposed to be vacated. PRIOR ACTION: None. FINANCIAL IMPACT: None. The right-of-way (ROW) is currently owned by the City of Wheat Ridge but has been maintained as an asphalt parking area by the owner of 10450 W 38th Avenue. BACKGROUND: The original plat (see attachment 3, Exhibit C) from 1955 – Horace Heights Subdivision – dedicated Moore Street and Miller Court ROWs and Tract ‘A’ prior to the incorporation of the City. Tract ‘A’ was designated to encompass Lena Gulch, then known as Dry Creek, east of Moore Street. Council Action Form – Miller Court Vacation November 27, 2023 Page 2 In 1984, the City, in cooperation with the Mile High Flood District (MHFD), constructed flood mitigation improvements along Lena Gulch. After the completion of the improvements, Lena Gulch was narrowed, and Tract A was no longer needed. This parcel of land was to be vacated by the City to the property owner of 10450 W 38th Avenue while reserving an easement for maintenance access of the improvements in Lena Gulch. No documents have been found in either City, County, or the property owners records that indicate that the transfer was completed. This ordinance would complete the previously intended vacation. This portion of the Miller Street ROW has been used by the property owners for decades as a parking area for the business at 10450 W 38th Avenue. The City and MHFD’s contractors, acting on the City’s behalf, have used the southwest corner of the Miller Street ROW to access Lena Gulch, when necessary, to maintain the Gulch. This maintenance mostly consists of routine removal of vegetation and debris to ensure the capacity of the Gulch to convey storm events. A new owner purchased the property at 10450 W 38th Avenue in 2021. That new owner approached the City in November of 2021 requesting that the ROW be vacated (see attachment 3, Exhibit B) so that they could construct a fence around the rear portion of the property to secure stored vehicles and equipment from theft. The transfer documents were prepared in 2022, but the cyber security incident and staff turnover delayed completion. The property owner of 10450 W 38th Avenue assumed that everything had been completed last fall as was originally communicated and proceeded with constructing the fence. The southwest corner of the area has been excluded from the transfer to continue to allow maintenance access to the Gulch as noted in Exhibit B. As described in the “Easement Note” on attachment 2, Exhibit A, upon vacation, the City reserves an easement over the vacated ROW for ingress and egress purposes for maintenance of improvements in Lena Gulch only. With the determination that there is not a public need for the area as ROW, the portion will be vacated, if approved by Council, to the adjacent property owner at 10450 W 38th Ave. RECOMMENDATION: Staff recommends approval of the attached ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 32-2023, an ordinance vacating any interest held by the City in a portion of Miller Court, order it published, public hearing set for December 11, 2023, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 32-2023, an ordinance vacating any interest held by the City in a portion of Ridge Road for the following reason(s) ________________.” Council Action Form – Miller Court Vacation November 27, 2023 Page 3 REPORT PREPARED BY: Scott Jones, Engineer Tech III Rocky Macsalka, Civil Engineer II Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 32-2023 2. Exhibit A: Legal Description and Exhibit of Property to be vacated 3. Exhibit B: Vicinity Map 4. Exhibit C: Horace Heights Subdivision Plat ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 32 ORDINANCE NO. 1784 Series 2023 TITLE: AN ORDINANCE VACATING ANY RIGHT-OF-WAY INTEREST HELD BY THE CITY IN A PORTION OF MILLER COURT WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and WHEREAS, a certain street known as Miller Court was dedicated to the public; and WHEREAS, that part of said Miller Court as described herein is not used for roadway purposes and is no longer necessary for use by the public; and WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to warrant the vacation of the Property; and WHEREAS, the property to be vacated and which is the subject of this ordinance is more fully described on Exhibit A attached hereto and fully incorporated herein by this reference; and WHEREAS, no property abutting the Property will be left without an established public road or private-access easement connecting said land with another established public road. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Vacation. The following Property held as right-of-way by the City is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation as described in Exhibit A. Upon the vacation accomplished hereby, title to the property vacated shall revert, by operation of Colorado Law CRS 43-2-302, to Allen Stewart, as the sole abutting landowner. Section 2. Reservation of Easements. The City hereby reserves an easement across the entirety of the Property for access and maintenance associated with Lena Gulch. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 5. Effective Date. This Ordinance shall take effect immediately 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 27th day of November 2023, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for December 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: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form ____________________________ Gerald E. Dahl, City Attorney First Publication: November 28, 2023 Second Publication: December 12, 2023 Jeffco Transcript: Effective Date: December 12, 2023 Exhibit A Legal Description and Exhibit of Property to be Vacated ATTACHMENT 2 LAND DESCRIPTION: A PARCEL OF LAND, PART OF WHICH IS A PORTION OF MILLER COURT RIGHT-OF-WAY, AS DESCRIBED IN THE HORACE HEIGHTS SUBDIVISION, RECORDED IN BOOK 14 AT PAGE 23, JEFFERSON COUNTY, COLORADO RECORDS, AND LYING IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 28, BEING MONUMENTED BY A FOUND NO.6 REBAR WITH A 3.25" ALLOY CAP IN A RANGE BOX STAMPED "HCL ENGR & SRVY - PLS 37889 - 2013" WHENCE THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 28, BEING MONUMENTED BY A FOUND 2.5" PIPE WITH A 3.25" BRASS CAP IN A RANGE BOX STAMPED "CITY OF WHEAT RIDGE - LS 13212 - 1986" IS ASSUMED TO BEAR SOUTH 89° 12' 44" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE SOUTH 89° 12' 44" WEST ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 334.00 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00° 15' 46" WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF WEST 38TH AVENUE AND THE EASTERLY RIGHT-OF-WAY OF MOORE STREET AS RECORDED PER RECEPTION NO. 604436; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF MOORE STREET, SOUTH 00° 15' 46" WEST, A DISTANCE OF 116.67 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MOORE STREET AND THE CENTERLINE OF MILLER COURT AS RECORDED PER RECEPTION NO. 604436, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORDINANCE NO. 573 RECORDED UNDER RECEPTION NO. 87020515; THENCE ALONG THE SOUTH LINE OF THAT PARCEL OF LAND RECORDED UNDER RECEPTION NO. 87020515, NORTH 72° 17' 21" WEST, A DISTANCE OF 75.30 FEET TO A POINT OF NON-TANGENT CURVATURE AND THE NORTHEASTERLY RIGHT-OF-WAY OF MILLER COURT AS RECORDED PER RECEPTION NO. 604436; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 173.00 FEET, AN ARC LENGTH OF 4.00 FEET A DELTA ANGLE OF 1° 19' 34" AND WHOSE CHORD BEARS NORTH 81° 19' 36" WEST A DISTANCE OF 4.00 FEET; THENCE DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY, NORTH 89° 12' 44" EAST, A DISTANCE OF 35.21 FEET; THENCE SOUTH 00° 15' 46" WEST, A DISTANCE OF 18.48 FEET TO THE BEGINNING OF AN EXISTING BACK OF CURB; THENCE ALONG AN EXISTING BACK OF CURB, SOUTH 78° 19' 32" WEST A DISTANCE OF 95.94 FEET; THENCE NORTH 33° 13'26" EAST, A DISTANCE OF 16.62 FEET TO THE POINT OF BEGINNING; CONTAINING 2024 SQUARE FEET OR 0.005 ACRES, MORE OR LESS. RY PATRICK RUSK, PLS 1309 S. INCA STREET DENVER, COLORADO 80223 303.504.4440 RRUSK@FORESIGHTWEST.COM (REQUIRED BY COLORADO LAW) FOUND 3.25" ALLOY CAP ON A NO. 6 REBAR IN RANGE BOX - HCL ENGR & SRVY - PLS 37889 - 2013 S89°12'44"W 1321.06'(M)(R) 1 1 2 1 NE COR. NW4, NE4, SEC. 28 30 . 0 0 30' R.O.W. REC. NO. 88090912 ADDITIONAL R.OW. REC. NO. 2018083519 16 . 5 8 ' ( M ) ( R ) 40 . 0 0 ' ( M ) ( R ) 4 4 N00°15'46"W(M)(R) 30.00'(M)(R) 60 . 0 9 ' ( M ) 6 0 . 0 0 ' ( R ) 20 . 0 0 ' ( M ) ( R ) 60 . 0 9 ' ( M ) S0 0 ° 1 5 ' 4 6 " E 8 0 . 0 9 ' ( M ) 30 . 0 0 ' ( M ) ( R ) S72°17'2 1 " W 7 5 . 3 0 ' ( M ) ( R ) C1(M) N. LINE TRACT A 20 . 0 0 ' 34 . 0 0 ' 4.00' ORD. NO. 573 REC. NO. 87020515 14.00' BK 534, PG. 207 PORTION OF LOT 12 REC. NO. 81067782 OWNER: CITY OF WHEAT RIDGE S33°13'26"E(R)(M) N80°38'14"E 9 7 . 7 4 ' ( R ) N00°15'46"W(R)(M) N89°12'44"E 98.00'(M)(R) PORTION OF TRACT "A" SHOWN ON EXHIBIT B AS NOTED IN LAND EXCHANGE AGREEMENT RECORDED UNDER RECEPTION NO. 84103598 AND DESCRIBED IN REC. NO. 84103600 QUITE CLAIMED TO CITY OF WHEAT RIDGE FROM FRED J. HAAF JR. 27 . 0 0 ' 30 . 0 0 ' W. 38TH AVE. (R.O.W. VARIES) MO O R E S T . (5 0 ' R . O . W . ) M I L L E R C T . ( R . O . W . V A R I E S ) HATCHED AREA EASEMENT REC. NO. 84103600 N0 0 ° 1 5 ' 4 6 " W 1 1 6 . 6 7 ' ( M ) 50.00' R.O.W. REC. 604436 APPARENT RIGHT-OF-WAY - AREA BEING USED BY PUBLIC FOR ROADWAY (NO DEDICATION OF RIGHT-OF-WAY FOUND) 10400 W. 38TH AVE. OWNER: KIMARY A. MARCHESE REC. NO.F1376380 1 6 . 6 2 ' ( M ) N78°19'32"E 9 5 . 9 4 ' ( M ) (CURB LIN E A S M E A S U R E D AND CALL E D F O R I N E X H I B I T " D " - R E C . N O . 8 4 1 0 3 6 0 0 & 8 4 1 0 3 5 9 8 ) 18 . 4 8 ' ( M ) RADIUS: 32.78' ARC LENGTH: 27.86' DELTA: 048°42'05" CH. BEARING: S59°35'53"E CH. LENGTH: 27.03' (M) S89°12'44"W 53.36'(M) CURVE TABLE CURVE # C1 RADIUS 173.00' ARC LENGTH 4.00' DELTA 1°19'34" CH. BEARING S81°19'36"E CH. LENGTH 4.00' FOUND 3.25" BRASS CAP IN RANGE BOX LS 13212 -1986 NW COR. NW4, NE4, SEC. 28 BASIS OF BEARING N. LINE NW 1/4, NE 1/4, SEC. 28, T4S, R69W 3 4 3 10 S89°12'44"W 334.00'(M) 35.21' (M)(R) 18 . 2 0 ' ( R ) 1 2 . 0 8 ' ( R ) 2024 SQ. F T . A S S U R V E Y E D (1808 SQ . F T . R E C O R D ) +/- (SEE EA S E M E N T N O T E ) 10450 W. 38TH AVE. 50. 0 0 ' SET 18" NO.5 REBAR WITH 1.25" YELLOW CAP - PLS 38226 SET 1.5" ALLOY WASHER WITH MAG-NAIL - PLS 38226 FOUND REBAR AND CAP AS DESCRIBED FOUND ALIQUOT CORNER AS DESCRIBED ALIQUOT LINE EASEMENT EDGE OF DITCH RIGHT-OF-WAY SCALED LOCATION OF ORIGINAL DRY CREEK AREA OF EXISTING EASEMENT REC. NO. 84103600 RIGHT-OF-WAY BOOK 534, PAGE 207 RIGHT-OF-WAY - REC. NO. 604436 RIGHT-OF-WAY REC. NO. 88090912 RIGHT-OF-WAY REC. NO. 2018083519 (R) = RECORD/PLAT (M) = MEASURED 1= FOUND 1.25" ALLOY CAP ON NO.4 REBAR - ILLEGIBLE 2= FOUND 1" YELLOW CAP ON NO.4 REBAR - ILLEGIBLE 3= FOUND 1.25" YELLOW CAP ON NO.5 REBAR - PLS 38226 4= FOUND 1.5" ALLOW WASHER AND MAGNAIL - PLS 38226 Compiled By: Rusk Revision Date 0 Scaled for 24" x 36"Job No.: 2021145 Sheet: 1 of 1 I, RY PATRICK RUSK, COLORADO PROFESSIONAL LAND SURVEYOR NO. 38226, HEREBY CERTIFY TO THE CITY OF WHEAT RIDGE AND ALLEN STEWART THAT THIS SURVEY WAS PERFORMED UNDER MY RESPONSIBLE CHARGE DURING AUGUST OF 2021 AND MARCH 22 OF 2022 IN ACCORDANCE WITH APPLICABLE STANDARDS OF PRACTICE, AND THAT THIS PLAT IS A CORRECT REPRESENTATION THEREOF TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. THIS CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PERSONS OR LEGAL ENTITIES WITHOUT WRITTEN RECERTIFICATION EXPRESSLY NAMING SUCH PERSONS OR LEGAL ENTITIES. THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY, EITHER EXPRESSED OR IMPLIED. SIGNATURE AND DATE THROUGH SEAL: RY PATRICK RUSK, PLS 1309 S. INCA STREET DENVER, COLORADO 80223 303.504.4440 RRUSK@FORESIGHTWEST.COM (REQUIRED BY COLORADO LAW) SURVEYOR'S CERTIFICATE LAND SURVEY PLAT LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO 1309 S. Inca Street Denver, Colorado 80223 303.504.4440 RECORD PER RECEPTION NO. 84103600 RECORDED NOVEMBER 5, 1984 (EXHIBIT "D") A PARCEL OF LAND, PART OF WHICH IS A PORTION OF MILLER COURT RIGHT-OF-WAY, AS DESCRIBED IN THE HORACE HEIGHTS SUBDIVISION, RECORDED IN BOOK 14 AT PAGE 23, JEFFERSON COUNTY, COLORADO RECORDS, AND LYING IN THE NE 14 OF THE NW 14 OF THE NE 14 OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 1 4 OF THE NORTHEAST 1 4 OF SECTION 28, THENCE WESTERLY ALONG THE NORTH LINE OF THE NE 14 OF SECTION 28, THENCE WESTERLY ALONG THE NORTH LINE OF THE NE 14 OF SECTION 28, WHICH SHALL HAVE AN ASSUMED BEARING OF S 89-28-30 W, A DISTANCE OF 334.00 FEET; THENCE DUE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF MOORE STREET, A DISTANCE OF 146.58 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POINT OF INTERSECTION OF THE EAST RIGHT0IF0WAY LINE OF MOORE STREET AND THE CENTERLINE OF MILLER COURT; THENCE N 72-33-05 E A DISTANCE OF 75.30 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY OF MILLER COURT; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 173 FEET AND A CHORD BEARING N 81-04-22 W, A DISTANCE OF 4.01 FEET; THENCE N 89-28-30 E, A DISTANCE OF 35.21 FEET; THENCE DUE SOUTH A DISTANCE OF 18.20 FEET; THENCE S 80-54-00 W, A DISTANCE OF 97.74 FEET; THENCE N 32-57-49 W, A DISTANCE OF 12.08 FEET TO THE POINT OF BEGINNING; CONTAINING 1808 SQUARE FEET, MORE OR LESS. AS SURVEYED: A PARCEL OF LAND, PART OF WHICH IS A PORTION OF MILLER COURT RIGHT-OF-WAY, AS DESCRIBED IN THE HORACE HEIGHTS SUBDIVISION, RECORDED IN BOOK 14 AT PAGE 23, JEFFERSON COUNTY, COLORADO RECORDS, AND LYING IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 28, BEING MONUMENTED BY A FOUND NO.6 REBAR WITH A 3.25" ALLOY CAP IN A RANGE BOX STAMPED "HCL ENGR & SRVY - PLS 37889 - 2013" WHENCE THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SAID SECTION 28, BEING MONUMENTED BY A FOUND 2.5" PIPE WITH A 3.25" BRASS CAP IN A RANGE BOX STAMPED "CITY OF WHEAT RIDGE - LS 13212 - 1986" IS ASSUMED TO BEAR SOUTH 89° 12' 44" WEST, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE SOUTH 89° 12' 44" WEST ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER A DISTANCE OF 334.00 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00° 15' 46" WEST, A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY OF WEST 38TH AVENUE AND THE EASTERLY RIGHT-OF-WAY OF MOORE STREET AS RECORDED PER RECEPTION NO. 604436; THENCE ALONG THE EASTERLY RIGHT-OF-WAY OF MOORE STREET, SOUTH 00° 15' 46" WEST, A DISTANCE OF 116.67 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MOORE STREET AND THE CENTERLINE OF MILLER COURT AS RECORDED PER RECEPTION NO. 604436, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORDINANCE NO. 573 RECORDED UNDER RECEPTION NO. 87020515; THENCE ALONG THE SOUTH LINE OF THAT PARCEL OF LAND RECORDED UNDER RECEPTION NO. 87020515, NORTH 72° 17' 21" WEST, A DISTANCE OF 75.30 FEET TO A POINT OF NON-TANGENT CURVATURE AND THE NORTHEASTERLY RIGHT-OF-WAY OF MILLER COURT AS RECORDED PER RECEPTION NO. 604436; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 173.00 FEET, AN ARC LENGTH OF 4.00 FEET A DELTA ANGLE OF 1° 19' 34" AND WHOSE CHORD BEARS NORTH 81° 19' 36" WEST A DISTANCE OF 4.00 FEET; THENCE DEPARTING SAID NORTHEASTERLY RIGHT-OF-WAY, NORTH 89° 12' 44" EAST, A DISTANCE OF 35.21 FEET; THENCE SOUTH 00° 15' 46" WEST, A DISTANCE OF 18.48 FEET TO THE BEGINNING OF AN EXISTING BACK OF CURB; THENCE ALONG AN EXISTING BACK OF CURB, SOUTH 78° 19' 32" WEST A DISTANCE OF 95.94 FEET; THENCE NORTH 33° 13'26" EAST, A DISTANCE OF 16.62 FEET TO THE POINT OF BEGINNING; CONTAINING 2024 SQUARE FEET OR 0.005 ACRES, MORE OR LESS. LEGAL DESCRIPTION 1.) THE BASIS OF BEARINGS FOR THIS SURVEY IS THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SAID NORTHEAST 1/4 BY A 3.25" ALLOY CAP ON A NO.6 REBAR IN A RANGE BOX STAMPED PLS 37889 - 2013 AND AT THE NORTH 1/4 CORNER OF SAID SECTION 28 BY A 3.25" BRASS CAP STAMPED LS 13212 IN A MONUMENT BOX WITH THE LINE BETWEEN BEARING SOUTH 89° 12' 44" WEST. 2.) STATUTE OF LIMITATIONS DISCLOSURE REQUIRED PER 12-80-105, C.R.S.: NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 3.) ALL COPYRIGHTS TO PUBLICATIONS BY FORESIGHT WEST SURVEYING, INC. ARE RESERVED. ADDITIONALLY, ALL FIELD BOOKS, NOTES, SKETCHES AND ELECTRONIC FILES ARE INSTRUMENTS OF SERVICE AND SHALL REMAIN THE SOLE PROPERTY OF FORESIGHT WEST SURVEYING, INC. 4.) ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT (DEFINED AS ANY LAND BOUNDARY MONUMENT ESTABLISHED ON THE GROUND BY A CADASTRAL SURVEY OF THE UNITED STATES GOVERNMENT AND ANY MINERAL SURVEY MONUMENT ESTABLISHED BY A UNITED STATES MINERAL SURVEYOR AND MADE A PART OF THE UNITED STATES PUBLIC LAND RECORDS) OR ANY LAND SURVEY CORNER WHICH CONTROLS THE LOCATION OF THE BOUNDARIES OF A TRACT OR PARCEL OF LAND, EVEN IF SAID PERSON HAS TITLE TO THE LAND ON WHICH SAID MONUMENT IS LOCATED, COMMITS A CLASS 2 MISDEMEANOR UNLESS, PRIOR TO SUCH REMOVAL, SAID PERSON HAS CAUSED A COLORADO PROFESSIONAL LAND SURVEYOR TO ESTABLISH AT LEAST TWO WITNESS CORNERS OR REFERENCE MARKS FOR EACH SUCH MONUMENT REMOVED AND HAS FILED OR CAUSED TO BE FILED A MONUMENT RECORD PURSUANT TO ARTICLE 53 OF TITLE 38, C.R.S. (18-4-508, C.R.S.) 5.) OIL, GAS, COAL, MINERAL, WATER, DITCH, RESERVOIR, GEOTHERMAL, AVIGATION, GRAZING OR OTHER RIGHTS, AS WELL AS DEVELOPMENT, ZONING, LEASE, FIRE DISTRICT OR OTHER RESTRICTIONS, BOTH RECORDED AND UNRECORDED, MAY AFFECT THIS PROPERTY AND NOT BE PLOTTABLE GRAPHICALLY HEREON. 6.) THE LOCATION OF UNDERGROUND UTILITIES SHOWN HEREON ARE NOT TO BE CONSIDERED ALL-INCLUSIVE AND MAY BE INACCURATE. UNDERGROUND UTILITY LOCATIONS MAY HAVE BEEN DETERMINED FROM AVAILABLE CONSTRUCTION PLANS AND AS-BUILT MAPS, SURFACE MARKINGS ESTABLISHED BY INDEPENDENT LOCATORS OR UTILITY COMPANIES, OR FROM SURFACE FEATURES. UNDERGROUND UTILITIES SHOWN HEREON HAVE NOT BEEN EXPOSED BY THIS FIRM AND MAY VARY IN ACTUAL LOCATION, USAGE, MATERIAL, SIZE AND/OR EXISTENCE. THIS FIRM ACCEPTS NO LIABILITY FOR INACCURATE WORK BY UTILITY LOCATORS. PER TITLE 9, ARTICLE 1.5 C.R.S., UNDERGROUND UTILITIES MUST BE MARKED PRIOR TO ANY DIGGING OR DRILLING BY SUBMITTING A REQUEST TO THE UTILITY NOTIFICATION CENTER OF COLORADO. CALL (811) AT LEAST 72 HOURS IN ADVANCE. A LIST OF SOURCES USED TO OBTAIN UTILITY INFORMATION ARE LISTED UNDER ITEM 11 IN THE ALTA/NSPS OPTIONAL TABLE A NOTES. 7.) ALL USERS OF THIS SURVEY ARE HEREBY NOTIFIED THAT THIS SURVEY IN NO WAY CONSTITUTES A TITLE SEARCH BY FORESIGHT WEST SURVEYING INC FOR DETERMINATION OF (A) RIGHT OF TITLE, (B) CHAIN OF TITLE/ABSTRACT, (C) THE HISTORICAL COMPATIBILITY OF ALL DESCRIPTIONS OF THIS PROPERTY WITH ALL DESCRIPTIONS OF ADJOINING PROPERTIES AND (D) EASEMENTS, RIGHTS-OF-WAY AND OTHER INSTRUMENTS OF RECORD THAT MAY IMPACT TITLE TO THIS PROPERTY. ADDITIONALLY, UNWRITTEN RIGHTS TO THIS PROPERTY MAY EXIST WHICH ARE UNKNOWN TO THIS FIRM. 8.) FOR ALL INFORMATION REGARDING RIGHT TO TITLE AND EASEMENTS, RIGHTS-OF-WAY OR OTHER TITLE BURDENS AFFECTING SUCH RIGHT TO TITLE TO THIS PROPERTY, FORESIGHT WEST SURVEYING, INC. RELIED UPON A TITLE COMMITMENT ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY AS AN AGENT OF LAND TITLE GUARANTEE COMPANY, ORDER NUMBER ABJ70735407, WITH AN EFFECTIVE DATE OF JULY 28, 2021 AT 5:00 PM. 9.) LINEAL UNIT OF MEASURE USED IN THIS SURVEY: U.S. SURVEY FOOT ( 12003937 METERS) 10.) THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. 11.) DATE OF FIELD WORK: AUGUST 19, 23, 24 AND 25, 2021 AND MARCH 22, 2022 12.) SUBSURFACE BUILDINGS, IMPROVEMENTS OR STRUCTURES ARE NOT NECESSARILY SHOWN, BUILDINGS AND OTHER IMPROVEMENTS OR STRUCTURES ON ADJACENT PROPERTIES THAT ARE MORE THAN FIVE (5) FEET FROM ANY OF THE PROPERTY LINES OF THE SUBJECT PROPERTY ARE NOT NECESSARILY SHOWN. GENERAL NOTES 03.23.2022 Dates of Fieldwork: Aug. 19-25, 2021 Mar. 22, 2022 Fieldwork By: Rusk/Scott/Price03.23.2022 LEGEND N FEET 1 INCH = 20 FEET 4020010 PER THE LAND EXCHANGE AGREEMENT DATED NOVEMBER 5, 1984 RECORDED UNDER RECEPTION NO. 84103598: UPON COMPLETION OF THE IMPROVEMENTS FOR LENA GULCH, AND UPON VACATING REMAINING PORTIONS OF MILLER COURT AS DESCRIBED IN EXHIBIT "D" OF RECEPTION NO. 84103600 (SUBJECT PROPERTY), THE CITY RESERVES AN EASEMENT OVER SAID PARCEL FOR INGRESS AND EGRESS PURPOSES FOR MAINTENANCE OF IMPROVEMENTS IN LENA GULCH ONLY. EASEMENT NOTE; Exhibit B Vicinity Map ATTACHMENT 3 Exhibit C Horace Heights Subdivision ATTACHMENT 4 ITEM NO: 6 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 53-2023 - A RESOLUTION AMENDING THE FISCAL YEAR 2023 POLICE INVESTIGATIONS FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $27,503.77 TO BE USED FOR SPECIFIC LAW ENFORCEMENT PURPOSES AS APPROVED BY THE SEIZURE FUND COMMITTEE AND CLOSING THE FUND AT THE END OF FISCAL YEAR 2023 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief Murtha City Manager ISSUE: The Police Investigations Fund, also known as the Seizure Fund 17, consists of money that is forfeited by felony defendants through a civil hearing process. The City has chosen to close Fund 17 in anticipation of changes to asset forfeiture laws and to use the balance of the Fund to purchase law enforcement aircraft drones to be deployed for public safety missions and education. PRIOR ACTION: The Seizure Fund Committee, which consists of Police Chief Chris Murtha, 1st Judicial District Attorney Alexis King, and Councilmember Amanda Weaver, has approved Police Investigations Fund expenditures in 2023, along with the current request to purchase law enforcement aircraft drones to be deployed for public safety missions and education. CAF – Supplemental Budget Appropriation for Police Investigations Fund November 27, 2023 Page 2 FINANCIAL IMPACT: Fund 17 currently has a fund balance of $36,503.77 and $9,000 appropriated for expenditures in 2023. This supplemental budget appropriation in the amount of $27,503.77 will deplete the remaining funds available decreasing the fund balance to $0.00. BACKGROUND: Fund 17, also known as the Seizure Fund, consists of money that is forfeited by felony defendants through a civil hearing process. The Police Department receives state forfeiture funds through cases that it presents to the District Court. Also received are federal forfeiture funds, which are disbursed through the West Metro Drug Task Force and are primarily made up of drug money seizures that the Task Force receives with the assistance of a federal agency. Money in Fund 17, whether from state or federal sources, can only be used for law enforcement purposes. Historically, the Police Department identifies money in Fund 17 to fund equipment and technology upgrades, as well as training and special project operating costs. The current balance of Fund 17 is $36,503.77. The City has chosen to close out the Investigations Fund 17 in anticipation of changes to asset forfeiture laws and to use the balance of the fund to purchase law enforcement aircraft drones to be deployed for public safety missions and education at a cost of $30,041.52 for equipment and licensing and $6,462.25 for training. These funds will be used to purchase three law enforcement aircraft drones, each with unique capabilities, from Axon Enterprises, Inc. The cost covers the equipment and Axon video licensing fees for the first year of operation. Additional funds from Fund 17 will be used for training and Federal Aviation Administration pilot licensing. Video licensing fees of $7,403.06 for the next four years will be covered in the Police Department General Fund budget. RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 53-2023, a resolution amending the Fiscal Year 2023 Police Investigations Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $27,503.77 to be used for specific law enforcement purposes as approved by the Seizure Fund Committee and closing the Fund at the end of Fiscal Year 2023.” Or, “I move to table indefinitely Resolution No. 53-2023, a resolution amending the Fiscal Year 2023 Police Investigations Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $27,503.77 to be used for specific law enforcement purposes as approved by the Seizure Fund Committee and closing the Fund at the end of Fiscal Year 2023 for the following reason(s) _________________.” CAF – Supplemental Budget Appropriation for Police Investigations Fund November 27, 2023 Page 3 REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Christopher Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 53-2023 2. Memo from the Seizure Fund Committee, dated October 26, 2023 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 53-2023 Series of 2023 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2023 POLICE INVESTIGATIONS FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $27,503.77 TO BE USED FOR SPECIFIC LAW ENFORCEMENT PURPOSES AS APPROVED BY THE SEIZURE FUND COMMITTEE AND CLOSING THE FUND AT THE END OF FISCAL YEAR 2023 WHEREAS, the Police Department Investigations Fund receives money from both state and federal civil forfeiture processes; and WHEREAS, forfeited money, by state and federal statute, can only be used for specific law enforcement purposes; and WHEREAS, the Investigations Fund currently has $36,503.77 in available funds; and WHEREAS, the City of Wheat Ridge has chosen to close out the Investigations Fund in anticipation of changes to asset forfeiture laws; and WHEREAS, the Police Department has identified a project to purchase law enforcement aircraft drones to be deployed for public safety missions and education at a cost of $30,041.52 for equipment and licensing and $6,462.25 for training; and WHEREAS, the Seizure Fund Committee has approved this Police Investigations Fund expenditure; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Wheat Ridge, Colorado, as follows: THE CITY OF WHEAT RIDGE FISCAL YEAR 2023 BUDGET IS AMENDED ACCORDINGLY, specifically transferring a total of $27,503.77 from Fund 17 undesignated reserves to the Police Department Investigations Fund Account, 17-202-800-806. DONE AND RESOLVED this 27th day of November 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk Your signature here ITEM NO: 7 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN APPOINTMENT TO THE CULTURAL COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Clerk City Manager ISSUE: On November 1, 2023, Teresa Linder from District III resigned from the Cultural Commission, effective immediately. The vacancy was posted for a term of two weeks on the City of Wheat Ridge website and promoted through various channels from November 6 to November 19. Applications have been compiled for the Council’s review so that the seat may be filled. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any Board or Commission, the council may appoint any otherwise qualified resident. PRIOR ACTION: Members of the City Council appoint members to Boards and Commissions annually and as needed throughout the year when vacancies are filled. FINANCIAL IMPACT: None BACKGROUND: Each year, the City advertises for residents who might be interested in volunteering on one of the Boards or Commissions. This year, positions were advertised twice in the Jeffco Transcript and through a multi-week promotional campaign including the City’s website, social media, email, newsletters, and direct email to graduates of Wheat Ridge 101. Appointments were made during the regularly scheduled City Council Meeting on February 27, 2023. The resignation of one Council Action Form – Cultural Commission Appointment November 27, 2023 Page 2 Cultural Commission member was received by the Commission Liaison on November 1, 2023, The City retains applications for a period of one year. The Council’s Appointment Packet (Attachment 1) includes applications received in the last twelve months for the Cultural Commission and new applications as a result of this vacancy and posting. RECOMMENDATIONS: See Attachment 1, Cultural Commission Applications for District III vacancy. RECOMMENDED MOTION: “I move to appoint__________________ to the Cultural Commission, term to expire March 02, 2026.” Or, “I move to postpone appointment to the Cultural Commission indefinitely, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Robin Eaton, Deputy City Clerk Allison Scheck, Deputy City Manager Steve Kirkpatrick, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Cultural Commission Vacancy Appointment Packet 2023 Cutural Commission, District III, Appointments Applicant Summary Last Name First Name District Notes Application Hyperlink Bodor Tiffany I App received January 22, 2023 tifbodor@gmail.com Davis Sandra III App received November 6, 2023 sdavis@adsnart.com Popov Ivan I App Received September 21, 2023 i.popov@yahoo.com Wakefield Adam III App received September 25, 2023 bookkeeper720@gmail.com Cultural Commission - Please select one commissioner for this District III vacancy. Please note that an out of District appointment may be made at Council's discretion. ATTACHMENT 1 Motions for 2023 appointment to the Cultural Commission I Move to Appoint: One District III Member expiring 03/02/2026 Print Thank you for your interest in serving as a volunteer for the City of Wheat Ridge! Please complete this application in order to be considered as a candidate. Each application will be thoroughly reviewed by Wheat Ridge City Council. Applications will be kept on file for one year for any future vacancies. Application deadlines may vary. Board of Adjustment Building Code Advisory Board Cultural Commission Election Commission Housing Authority Liquor Licensing Authority Board Parks and Recreation Commission Planning Commission Renewal Wheat Ridge Active Adult Ctr. Advisory Committee Select one Board, Commission or Committee New Applicant Reappointment Type or Term of Application* District I District II District III District IV In which district do you reside? District Map -https://www.ci.wheatridge.co.us/1175/Council-District-Maps To find your district click here First Name* Tiffany Last Name* Bodor Address1* 3160 Depew St Address2 Application for Boards and Commissions - Submission #74562 Date Submitted: 1/22/2023 Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print... 1 of 4 01/23/2023, 2:32 PM City* Wheat Ridge State* CO Zip* 80214 Phone Number* 3038865710 Alternate Phone Number Email Address* tifbodor@gmail.com Current Occupation Product management Employer Comcast Yes No Are you a Wheat Ridge resident?* If yes, how long have you been a resident? 6 months Yes No Are you a registered voter?* Yes No Have you served on a Board, Commission, or Committee before?* If yes, which one? Highland United Neighborhood Inc (HUNI) Tell us about yourself and why you would like to be a member of this board, committee or commission. * I believe in local communities and as a new member to Wheat Ridge, I am looking for ways to get engaged in my new community and meet others who are passionate about our amazing city. Briefly explain what you believe are some of the important issues facing this board, committee or commission, and how do you think you can have an impact on these issues?* I do not know for sure, but I believe it is probably difficult to navigate the changing community and creating events and culture that involve everyone. I think my passion for inclusiveness and community, along with my background in project and product management can help the committee plan and effectively communicate their purpose. Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print... 2 of 4 01/23/2023, 2:32 PM Please list any community involvement, special work experience or skills that would enhance your ability to serve on this board, committee or commission:* I was on the HUNI board for four years, as the business alliance director. My role was to help create a supportive relationship between the local businesses and residents. I was also on the board for my HOA when I lived in LoHi. These combined board experiences helped me learn how to navigate various personalities and opposing opinions -- allowing for folks to feel heard as well as getting needs met. In addition, I have a strong program management skillset that can help with the organization and execution for events and projects. Please specify any activities which might create a conflict of interest that would prevent you from taking official action should you be appointed to this board, committee or commission:* I have a full time job, so my availability during week days is limited...although with planning, I can be somewhat flexible. Yes No If appointed, you agree to attend regular meetings (typically monthly), review materials prior to meetings, and help with occasional projects. Time commitment can vary. Are you able to fulfill this commitment?* Are there certain times when you wouldn't be available due to job or other commitments? Week days 7-4 Notices, agendas, and communications are sent electronically or posted online. Please describe your level of comfort using technology. I work in technology. Note: my resume does is about 6 months out of date. My current role is Senior Direct of Product Management at Comcast. Upload any additional supporting documents (e.g. resume, cover Letter) TifBodor Resume.pdf All boards and commissions members are appointed by the Wheat Ridge City Council and serve without compensation. Boards and commissions are established for the purpose of acquiring and reviewing information to make recommendations to City Council. Information submitted in this application is considered public record and subject to the Colorado Open Records Act (CORA) By checking the boxes below, I hereby certify and acknowledge, understand, and agree to the following: Yes The information provided in this application is true and correct to the best of my knowledge. * Yes I have read and understand the qualifications for the board, committee or commission to which I have applied, and certify I meet the qualifications.* Yes I understand that if required, I am able and willing to attend meetings, including quasi-judicial hearings, held in person or virtually by established phone or video conferencing methods such as (Zoom, GoToMeeting, Microsoft TEAMS, etc.)* Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print... 3 of 4 01/23/2023, 2:32 PM Yes I understand that board and commission members demonstrate their intention and ability to attend meetings. If appointed, frequent nonattendance may result in termination of the appointment.* Yes I understand some positions may require a criminal background check to be conducted. If that applies for this position, I therefore authorize the City of Wheat Ridge to conduct a criminal background investigation. * For further information or inquires please contact: Stephanie Pomponio at 303-235-2977, WRBNC@ci.wheatridge.co.us Clerk's office at 303-235-2816, cityclerk@ci.wheatridge.co.us Applications that are not submitted online may be submitted via email to WRBNC@ci.wheatridge.co.us. This application may be printed, completed, and dropped off or mailed to Wheat Ridge City Hall, 7500 W. 29th Ave. Wheat Ridge, CO 80033 Attn: Stephanie Pomponio Firefox https://www.ci.wheatridge.co.us/Admin/FormCenter/Submissions/Print... 4 of 4 01/23/2023, 2:32 PM ITEM NO: 8 DATE: November 27, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Council Action Form – Election of Mayor Pro Tem November 27, 2023 Page 2 FINANCIAL IMPACT: None BACKGROUND: Mayor Pro Tem authority and duties include: 1. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair and shall have the voting privileges of a regular Council Member 2. Function as the Council Parliamentarian 3. Review and set the Agenda prior to Council Meetings and add emergency items for discussion if necessary 4. Remove any item from the Agenda or any Regular Meeting or Study Session, before publication, with the exception of: a. Any item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting b. An item added by the Council by majority vote of Council present during any meeting 5. Arrange for and coordinate the orientation of all newly elected officials, including a review of Rules of Order and Procedure for the City Council RECOMMENDED MOTION: "I move to elect _______________________ as Mayor Pro Tem, effective immediately, term to expire upon election of their successor.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager